District Court, E.D. Wisconsin September 28, 1979, 79-C-352 (Craig v. Franke)

DECISION and ORDER

MYRON L. GORDON, District Judge.

This action is before me on the plaintiff’s motion for summary judgment and the defendants’ motion for dismissal. Because the defendants’ motion is accompanied by matters outside the pleadings, I will treat it as a motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure.

Sprague v. Fitzpatrick,

546 F.2d 560, 563 (3d Cir.