Hoagy Wrecker Service, Inc. v. City of Fort Wayne

WILLIAM C. LEE, District Judge.

ORDER

This matter is before the court on defendant BLT Towing, Inc.’s motion to dismiss or alternative motion for summary judgment 1 , defendant Kelley Wrecker Service’s motion to dismiss or alternative motion for summary judgment, defendant City of Fort Wayne, et at, motion to dismiss, and plaintiffs’ motion to make technical corrections to their second amended complaint 2 . All the motions have been fully briefed and the court heard arguments on the motions on July 1, 1991.

Standard for Dismissal

In deciding a motion to dismiss for failure to state a claim, this…