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NICKERSON v. TEXAS

No. 9:98-CV-136.

35 F.Supp.2d 512 (1998)

Kevin and Angela NICKERSON and Neal Harville Plaintiffs, v. State of TEXAS, et al. Defendants.

United States District Court, E.D. Texas, Lufkin Division.

December 21, 1998.

Attorney(s) appearing for the Case

Gary Lynn Bledsoe, Austin, TX, Stephen Losch, Longview, TX, for Kevin Nickerson, Angela Nickerson, Neal Harville, plaintiffs.

Bruce Russell Garcia, AAG, Attorney General's Office, Law Enforcement Defense Division, Austin, TX, for Texas Department of Criminal Justice — Institutional Division, Andy Collins, Wayne Scott, James Keith Price, Jerry Jackson, Latham Boone, Tom Davis, Jerry Clements, Debra Leonard, Alan Polunsky, John David Franz, Nancy Patton, Carole S. Young, Alfred Moran, Patricia Day, Lawrence Francis, A. M. Stringfellow, Carol S. Vance, Unidentified Party, Unknown Agents or Employees of The Texas Department of Criminal Justice, Andy Collins, defendants.

Lisa Ann Brown, Bracewell & Patterson, Houston, TX, for Ray Montgomery, defendant.

Ray Montgomery, Madisonville, TX, pro se.

MEMORANDUM

COBB, District Judge.

On this day, came on to be considered Defendants' Motions to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(5) and 12(b)(6). These motions include: (1) Defendant Andy Collins' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(5); (2) Defendant Texas Department of Criminal Justice's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1); (3) Defendants Latham Boone...

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