MEYER v. PHILLIP MORRIS, INC.

No. 83-1107C(1).

569 F.Supp. 1510 (1983)

Garret F. MEYER, Jr., Plaintiff, v. PHILLIP MORRIS, INC., and The Seven-Up Company, Defendants.

United States District Court, E.D. Missouri, E.D.

September 6, 1983.


Attorney(s) appearing for the Case

Kent D. Kehr, Clayton, Mo., for plaintiff.

Thomas C. Walsh, Gerard T. Carmody, St. Louis, Mo., for defendants.


MEMORANDUM

NANGLE, Chief Judge.

This case is now before this court on defendants' motions to strike plaintiff's jury demand and to dismiss plaintiff's complaint. Defendants contend that plaintiff is not entitled to a jury trial of its claim, that he fails to state a claim upon which relief can be granted and that his claims are barred by the statute of limitations.

Plaintiff's cause of action arises out of the Employee Retirement Income Security...

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