Tunheim v. Bowman

ORDER DISMISSING ACTION AS TO DEFENDANT BROWN

BRUCE R. THOMPSON, District Judge.

The case is before the Court on the motion of defendant Jay H. Brown, an attorney, to dismiss the action as to him. Inasmuch as in presenting and opposing the motion, the parties have relied on matters outside the Complaint, particularly the deposition of . Jay H. Brown, the motion should be treated as one for summary judgment. Section 12(b), Federal Rules of Civil Procedure.

The motion to dismiss on behalf of defendant Brown is predicated on the contention that an attorney at law, acting in a professional capacity…