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07-1156 - Willoughby et al v. Moed et al


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07-1156 - Willoughby et al v. Moed et al
February 26, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Berton Moed's and Jessica McMichael's separate Motions to Dismiss Plaintiff's Complaint (Doc. Nos. 11,15) are GRANTED, pursuant to Federal Rule of Civil Procedure 12(b)(6) and Mo.Rev.Stat. 538.225, and Plaintiffs' Complaint is DISMISSED without prejudice. IT IS FURTHER ORDERED that Defendants Gerald Benecki and John Does 1 and 2 are DISMISSED from this action, pursuant to 28 U.S.C. 1915(e)(2)(B), because the claims against them are frivolous and/or fail to state a claim upon which relief may be granted. An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Jean C. Hamilton on 2/26/08. (MJM)