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SAVORY v. KAWASAKI MOTOR CORP., U.S.A.

Civ. A. No. 78-4232.

472 F.Supp. 1216 (1979)

Richard SAVORY, Robert Savory, by his parent and natural guardian, Mary J. Savory, and Mary J. Savory in her own right v. KAWASAKI MOTOR CORP., U.S.A. and Kawasaki Heavy Industries, Limited, Individually and trading as Kawasaki Motor Corp., Japan v. Jon C. FARAGO, D & A Cycle, Inc., trading as D & A Kawasaki and Commonwealth of Pennsylvania, Department of Transportation.

United States District Court, E. D. Pennsylvania.

July 16, 1979.

Attorney(s) appearing for the Case

Barry S. Lyons, Philadelphia, Pa., for plaintiffs.

Bruce D. Lombardo, Edwin L. Scherlis, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is the motion of third-party defendant Commonwealth of Pennsylvania Department of Transportation ("Commonwealth") to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The motion is opposed by defendants Kawasaki Motor Corporation, U.S.A., and Kawasaki Heavy Industries, Limited...

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