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BORDAGES v. McELROY

Civil Action No. H-92-2718.

952 F.Supp. 499 (1996)

James Harry Hebert BORDAGES, Jr., Plaintiff, v. H.N. McELROY, Defendant.

United States District Court, S.D. Texas, Houston Division.

March 1, 1996.

Attorney(s) appearing for the Case

Claude B. Masters, Masters & Associates, Houston, TX, for H.N. McElroy.

James Harry Hebert Bordages, Jr., Houston, TX, pro se.

MEMORANDUM AND ORDER

ATLAS, District Judge.

Pending before this Court is Defendant H.N. McElroy's Motion to Dismiss or, in the Alternative, for Summary Judgment. [Doc. # 15]. Plaintiff, proceeding pro se, has responded to this motion. [Doc. # 17].

Dismissal and Summary Judgment Standards

Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when, taking the facts alleged in the complaint as true, it appears...

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