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SWAIM v. WESTCHESTER ACADEMY, INC.

No. 1:01CV00242.

170 F.Supp.2d 580 (2001)

Milford SWAIM, Plaintiff, v. WESTCHESTER ACADEMY, INC.; Peter Cowen, Headmaster; Harry Lejda, Assistant Headmaster; and Luke Hale, Defendants.

United States District Court, M.D. North Carolina.

August 14, 2001.

Attorney(s) appearing for the Case

Mark Floyd Reynolds, II, High Point, NC, for plaintiff.

Allan R. Gitter, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for defendant.

MEMORANDUM OPINION

BULLOCK, District Judge.

This matter is before the court on a motion to dismiss by Defendants Peter Cowen, Harry Lejda, and Luke Hale ("Individual Defendants"). The Individual Defendants moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(5) and (6). No argument is presented as to 12(b)(5); therefore the court will address the motion to dismiss only in light of 12(b)(6). For the following reasons, the Individual...

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