United States v. Haynes School Dist. No. 8

LEMLEY, District Judge.

This cause comes on for hearing upon opposing motions' for summary judgment filed by the respective parties, and also upon that portion of the defendant’s answer which alleges that the complaint fails to state a claim against the defendant upon which relief can be granted 1 , and has been submitted upon the pleadings, affidavits, exhibits, and written briefs. In our opinion the plaintiff’s motion for summary judgment should be overruled, and the defendant’s plea just referred to should be sustained, subject to leave to the plaintiff to amend its complaint as hereinafter…