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WIRTH v. COLLEGE OF THE OZARKS

No. 98-3141-CV-S-4.

26 F.Supp.2d 1185 (1998)

James WIRTH, Plaintiff, v. COLLEGE OF THE OZARKS, et al., Defendants.

United States District Court, W.D. Missouri, Southern Division.

August 26, 1998.

Attorney(s) appearing for the Case

Robert L. Desselle, Desselle Law Office, Independence, MO, for Plaintiff.

Virginia L. Fry, Eric G. Jensen, Price, Fry & Robb, Springfield, MO, for Defendants.

ORDER

FENNER, District Judge.

Defendants have moved the Court, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss several counts of Plaintiff's Amended Complaint. For the reasons discussed below, Counts II, IV, V, VI and VII of Plaintiff's Amended Complaint are dismissed.

I. 12(b)(6) Standard.

The purpose of a Rule 12(b)(6) motion is to resolve neither the merits of the claim nor the factual...

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