District Court, D. Kansas July 30, 1998, CIV. A. 98-2182-EEO (Didde v. Unified School District No. 207)

MEMORANDUM AND ORDER

EARL E. O’CONNOR, District Judge.

This matter is before the court on the motion of defendant Unified School District No. 207 (“the District”) to dismiss plaintiffs complaint (Doe. # 11). The District’s motion, as the District concedes, is more properly construed as a motion for summary judgment because the District relies extensively on matters outside the pleadings.