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SMITH v. ATKINSON

No. Civ.A. 98-A-947-N.

98 F.Supp.2d 1334 (2000)

William Christopher SMITH, et al., Plaintiffs, v. Carl ATKINSON, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

June 12, 2000.

Attorney(s) appearing for the Case

W. Lee Pittman, C. Carter Clay, Pittman, Hooks, Dutton & Hollis, P.C., Birmingham, AL, for Plaintiffs.

Frank Johnston Stakely, William H. Webster, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Defendants.

Frank Johnston Stakely, William H. Webster, (See above), for Metropolitan Property & Casualty Insurance Co., defendant.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (Doc. # 3) filed by Defendants Metropolitan Property & Casualty Insurance Company, and Carl Atkinson ("Defendants") on August 31, 1998.

II. MOTION TO DISMISS STANDARD

A court may dismiss a complaint for failure to state a claim only if it is clear that no...

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