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GAITHER v. BARRON

Civil A. No. 95-A-1479-E.

924 F.Supp. 134 (1996)

Sharon GAITHER, etc., et al., Plaintiffs, v. James David BARRON, Defendant.

United States District Court, M.D. Alabama, Eastern Division.

April 30, 1996.

Attorney(s) appearing for the Case

Deborah Hill Biggers, Tuskegee Institute, AL, for plaintiffs.

Mark S. Baordman, Birmingham, AL, for defendant.

MEMORANDUM OPINION

ALBRITTON, District Judge.

This cause is before the court on a motion to dismiss filed by the defendant on December 21, 1995. For the reasons discussed hereinafter, the motion is due to be GRANTED.

I. STANDARD

A court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations. Hishon v. King & Spalding,

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