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DUBY v. MORAN

Civ. A. No. 6:95-0735.

901 F.Supp. 215 (1995)

Sherry DUBY, Plaintiff, v. Garrett MORAN, et al., Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

October 13, 1995.

Attorney(s) appearing for the Case

Berkeley L. Simmons, Elizabeth, WV, for plaintiff.

Charles R. Bailey, Shuman, Annand & Poe, Charleston, WV, Larry M. Bonham, Assistant Attorney General, Dept. of Health & Human Resources, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendants' Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6)1 of the Federal Rules of Civil Procedure. The parties have submitted memoranda in support of their respective positions and the matter is mature for the Court's consideration.

Rule 12(h)(3) of the Federal Rules of Civil Procedure provides "[w]henever it...

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