Legal Opinion

Sammie Dwayne McPhaul, as Special Administrator of the Estate of Alfred Cornelius McPhaul v. College Hills Opco, LLC, et al.

District Court, D. Kansas

Decided January 6, 2026No. 2:25-cv-02337Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SAMMIE DWAYNE MCPHAUL, as Special Administrator of the ESTATE OF ALFRED CORNELIUS MCPHAUL Plaintiff, v. Case No. 25-2337-JWB COLLEGE HILLS OPCO, LLC, et al., Defendants. MEMORANDUM AND ORDER This matter is before the court on Defendants’ joint motion to dismiss Plaintiff’s complaint for failure to state a claim. (Doc. 10.) The motion is fully briefed and ripe for decision. (Docs. 15, 18.) The motion is GRANTED for the reasons stated herein. I. Facts The facts relevant to disposing of this motion are straightforward. The underlying…

2Cases cited31 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Tal v. HoganCourt of Appeals for the Tenth Circuit · 2006
  5. Shero v. City of Grove, Okl.Court of Appeals for the Tenth Circuit · 2007

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