Notice of Motion To Dismiss Petition
Notice of Motion To Dismiss Petition
Notice of Motion To Dismiss Petition
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8 IN THE DISTRICT COURT OF THE UNITED STATES
10 CENTRAL DIVISION
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GONZALO NDE3, et al, •
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Petitioners, : No. 4292-M
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VS NOTICE OF MOTION TO DISMISS
14 : PETITION.
WESTMINSTER SCHOOL DISTRICT OF .
15 ORANGE COUNTY, et al,
16 Respondents. :
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18 TO THE PLAINTIFFS IN THE ABOVE ENTITLED ACTION, AND TO DAVID O. MARCUS,
19 THEIR ATTORNEY:
20 YOU AND EACH OF YOU will please take notice that the undersigned
21 will move the above entitled Court, in Room 8 of the United States Dis-
24 entitled action be dismissed; that said motion will be made upon the
25 following grounds:
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That the Court lacks jurisdiction over the subject matter in that
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it appears upon the face of said Petition that this is not a suit at law
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or in equity authorized by law to be brought by any person to redress th
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deprivation, under color of any law, statutes, ordinance, regulation,
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custom, or usage, of any State, of any right, privilege, or immunity,
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secured by the Constitution of the United States, or any right secured
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Copy received
1 by any law of the United States providing for equal rights of citizens
2 of the United States, or of all persons within the jurisdiction of the
3 Unit ed States.
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To dismiss said cause in that said Petition fails to state a
6 claim upon which relief can be granted.
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8 DATED: April 344 , 1945.
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10 JOEL E. OGLE, COUNTY COUNSEL
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Deput , County Counsel
12 Attorney for Respondents.
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