District Court, N.D. West Virginia July 21, 1964, Civ. A. No. 1333-W (Summers v. Looker)

PAUL, Chief Judge.

The defendants have moved to dismiss the amended complaint in this action. In considering the motion, I have considered the entire record in this proceeding and as well the admissions of fact made by counsel at the hearing on the motion for preliminary injunction and at the hearing on this motion to dismiss, and, under Rule 12(c), this motion is treated as one for summary