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HAY v. INDIANA STATE BD. OF TAX COM'RS

No. CIV.3:01cv583AS.

181 F.Supp.2d 961 (2001)

Stephen M. HAY, Wawasee Airport, Inc., Suzanne Bishop, and Michael Umbaugh, Plaintiffs, v. INDIANA STATE BOARD OF TAX COMMISSIONERS, Jon Laramore, as Chairman of the Indiana State Board of Tax Commissioners, Gordon McIntyre, as a member of the Indiana State Board of Tax Commissioners, and Lisa Acobert, as a member of the Indiana State Board of Tax Commissioners, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

December 20, 2001.

Attorney(s) appearing for the Case

Michael F. DeBoni, Goshen, IN, Brian L. Hoofer, Randy Spitaels, Nappanee, IN, David L. Pippen, Indianapolis, IN, for Plaintiffs.

David A. Arthur, Deputy Atty. Gen., Indianapolis, IN, for Defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This matter is before the court on the Defendants' motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The Plaintiffs assert that jurisdiction is properly asserted over this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331. For the following reasons the court finds that subject matter jurisdiction over this matter is lacking pursuant to 28 U.S.C. ...

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