Calloway

"This unjust conviction and imprisonment suit is before the court on defendant’s motion to dismiss for failure to state a claim within the jurisdiction of the court. After consideration of the defendant’s motion and brief in support thereof (plaintiffs filed no opposition brief) and *1066without oral argument, we grant defendant’s motion to dismiss.

"Plaintiffs were imprisoned in November 1974 on a charge of bank robbery. On March 19, 1975, they were found guilty by jury verdict. Plaintiffs appealed that conviction to the Tenth Circuit Court of Appeals and were granted a new trial. They were…