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RAINEY BROS. CONSTRUCTION CO. v. MEMPHIS & SHELBY CTY. BD. OF ADJUST.

No. 96-3156 M1/V.

967 F.Supp. 998 (1997)

RAINEY BROTHERS CONSTRUCTION COMPANY, INCORPORATED, Plaintiff, v. MEMPHIS AND SHELBY COUNTY BOARD OF ADJUSTMENT, et al., Defendants.

United States District Court, W.D. Tennessee, Western Division.

June 18, 1997.

Attorney(s) appearing for the Case

Jack McNeil, McNeil Law Office, Memphis, TN, Robert H. Freilich, Stephen J. Moore, Freilich Leitner & Carlisle, Kansas City, MO, for Plaintiff.

Fred E. Jones, Jr., Shuttleworth Wilkinson & Wilson, Memphis, TN, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

McCALLA, District Judge.

This matter is before the Court on defendants' motion to dismiss or, in the alternative, for summary judgment, filed November 25, 1996. Because the defendants have submitted and the Court has considered matters outside of the pleadings, the Court will treat defendants' motion as a motion for summary judgment.1 See...

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