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PARKER v. BYRD & WISER

Civil Action No. 3:95-cv-31WS.

947 F.Supp. 245 (1996)

Cecil Alton PARKER, James E. Parker, Jr., Janice Honeycutt, Deborah Broxson, the Beverly A. Parker Revocable Trust, Through Beverly A. Parker, Trustee, Beverly A. Parker, Individually, and James E. Parker, Sr., Plaintiffs, v. BYRD & WISER, A Partnership, Nicholas Van Wiser, Individually and as a Partner, Dan Livingston, Robert L. Burklow, Eddie R. Burklow, Melvin A. Burklow, James Wilson and John Does 1 Through 15, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

March 29, 1996.

Attorney(s) appearing for the Case

Albert D. Malone, Malone & Wright, Ridgeland, MS, for plaintiffs.

William L. McDonough, Jr., Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Nicholas Van Wiser, Individually, A Partnership, all defendants.

Robert A. Miller, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Louis B. Lanoux, Watkins & Eager, Jackson, MS, Dan Livingston, Partner, Robert L. Burklow, Eddie R. Burklow, Melvin A. Burklow, James Wilson.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before the court are the defendants' motions asking this court to dismiss the plaintiffs' lawsuit. Filed pursuant to Rules 12(b)(1) and 12(b)(6),1 defendants' motions respectively assert that plaintiffs' complaint lacks subject matter jurisdiction and fails to state a claim upon which relief can be granted. At issue here is the reach of § 1983,

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