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Joshua Benjamin, A Minor, By Thomas Benjamin and Janet Benjamin v. James B. Fassnacht

August 1, 2012

JOSHUA BENJAMIN, A MINOR, BY THOMAS BENJAMIN AND JANET BENJAMIN, PLAINTIFFS,
v.
JAMES B. FASSNACHT, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 1st day of August 2012, upon consideration of the Motion of Defendants James B. Fassnacht and Corporal Bray to Dismiss the Complaint (Doc. No. 4), and the opposition thereto, it is hereby ORDERED that the Motion is GRANTED. Count V (intentional infliction of emotional distress) is DISMISSED WITH PREJUDICE as to Defendants James B. Fassnacht and Corporal Bray. All other claims against Defendants James B. Fassnacht and Corporal Bray are DISMISSED WITHOUT PREJUDICE.

It is further ORDERED that Plaintiffs are granted leave to file an amended complaint within 21 days in conformity with the accompanying memorandum.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20120801

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