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PIERCE BUTLER RADIATOR CORPORATION v. LUONGO

Civ. No. 9926.

87 F.Supp. 56 (1949)

PIERCE BUTLER RADIATOR CORPORATION v. LUONGO et al.

United States District Court E. D. Pennsylvania.

November 15, 1949.

Attorney(s) appearing for the Case

Henry Arronson, Philadelphia, Pa., for plaintiff.

Benjamin A. Katz and Barnie F. Winkelman, Philadelphia, Pa., for defendant.

McGRANERY, District Judge.

This case arises on a motion to dismiss the complaint, a motion that should not be granted "* * * [unless] it appears to a certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of the claim." See Continental Collieries v. Shober, 3 Cir., 1942, 130 F.2d 631, 635. An examination of the record at this point convinces me that this standard is not...

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