BURDICK v. KOERNER

No. 96-C-547.

988 F.Supp. 1206 (1998)

Kathleen BURDICK and Roger Burdick, Plaintiffs, v. David W. KOERNER, Ronald E. Fawcett, Koerner & Fawcett, Inc., d/b/a The Family Tree a/d/b/a W.I.T. Publishing Co., The Thought Institute, Inc., ABC Insurance Company, Dr. Michael Kaye, EFG Insurance Company, Nikolaus J. Faessler, Linda S. Faessler, Randolph Zimmerman, and Judy Pollard, Defendants.

United States District Court, E.D. Wisconsin.

January 5, 1998.


Attorney(s) appearing for the Case

Wayne M. Yankala, Mingo & Yankala, S.C., Milwaukee, WI, for Plaintiffs.

Robert Kasieta, The Kasieta Legal Group, LLC, Madison, WI, for Defendants.


DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

Presently before the court is a motion to dismiss defendants David Koerner, Dr. Michael Kaye, Nikolaus J. Faessler, Linda S. Faessler, Randolph Zimmerman and Judy Pollard under Rule 12(b)(6), Federal Rules of Civil Procedure. The parties have agreed that the motion to dismiss is more properly one for summary judgment under Rule 56(c), Federal Rules of Civil Procedure, because it includes matters...

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