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CANAVAN v. BENEFICIAL FINANCE CORP.

No. 76-1772.

553 F.2d 860 (1977)

CANAVAN, Nancy A., on behalf of herself and on behalf of all other persons similarly situated, Appellant, v. BENEFICIAL FINANCE CORPORATION and Beneficial Management Corporation.

United States Court of Appeals, Third Circuit.

Decided March 23, 1977.

Attorney(s) appearing for the Case

Charles Sovel, Wayne, N. J., Howard A. Specter, Pittsburgh, Pa., Alan Epstein, Adler, Barish, Daniels, Levin & Creskoff, Philadelphia, Pa., for appellant.

Harold A. Price, Willard Bergman, Jr., Schenck, Price, Smith & King, Morristown, N. J., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and WEIS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiff, Nancy Canavan, appeals from an order granting defendants' 12(b)(6) motion to dismiss her complaint for lack of subject matter jurisdiction.

Rather than answer the complaint in the district court, defendants filed a motion to dismiss accompanied by affidavits and exhibits. Plaintiff had an opportunity to file an opposing brief, but advised the district court that she was unable to do so without an...

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