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HAWKINS v. WAYNE TP. BD. OF MARION COUNTY, IN

No. IP01-0385-C H/K.

183 F.Supp.2d 1099 (2002)

Samuel T. HAWKINS, individually, David Baird, and State of Indiana, ex rel. Samuel T. Hawkins, Plaintiffs, v. WAYNE TOWNSHIP BOARD OF MARION COUNTY, INDIANA and its members, each in their individual capacity, Roger W. Bowser, Earl W. Salisbury, Francis L. Maynard, James F. Mann, Marilyn Pfisterer, Dallas R. Richards, and James F. Mann, individually, and Francis L. Maynard, individually, and Marion County Election Board and its members in their official capacity, Richard Andrew Young, John Muller, and Sarah Taylor, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

January 9, 2002.

Attorney(s) appearing for the Case

Stephen Laudig, Laudig & George, Indianapolis, IN, Lawrence M. Reuben, Attorney at Law, Indianapolis, IN, for plaintiffs.

Stephen R. Buschmann, Thrasher Buschmann Griffith Voelkel, Indianapolis, IN, Robert B. Lutz, Attorney at Law, Speedway, IN, Daniel A. Ladendorf, Ladendorf & Ladendorf, Indianapolis, IN, for defendants.

ENTRY ON DEFENDANTS' MOTIONS TO DISMISS

HAMILTON, District Judge.

This action comes before the court on defendants' motions to dismiss for lack of subject matter jurisdiction and/or for failure to state a claim upon which relief can be granted. As explained below, the motions are denied.

For purposes of the defendants' motions to dismiss, the court takes as true all well-pleaded factual allegations in the complaint, as well as factual assertions...

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