Van Ovost v. City of Ackerman

MEMORANDUM OPINION

DAVIDSON, District Judge.

The above styled case is before the court on a motion by the defendants to dismiss the complaint filed by the plaintiffs for failure to state a claim upon which relief may be granted, F.R.C.P. 12(b)(6). Upon careful consid-eratíon of defendants’ motion and a thorough review of the available statutory and case law which would be applicable to the facts of this case, the court concludes that the motion must be considered as one for summary judgment. Therefore, the parties will be allowed a reasonable opportunity to present material pertinent to a Rule…