Southern Mississippi Planning & Development Dist., Inc. v. Robertson

MEMORANDUM OPINION

GEX, District Judge.

This matter is before the Court on the Motion of Counter-defendants Les New-comb and Keith Tolar, “for dismissal, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure”.

Plaintiff, a “non-profit corporation in Mississippi formed for the purpose of civic improvement and the economic development of fifteen counties in South Mississippi” 1 instituted this action for a declaratory judgment pursuant to Rule 57 of the Federal Rules of Civil…