D.P. ENTERPRISES v. BUCKS COUNTY COMMUNITY COLLEGE

No. 83-1326.

725 F.2d 943 (1984)

D.P. ENTERPRISES, INC. t/a Delmarva Petrolene Company and Throckmorton, Mark Scott, Throckmorton, David Gary, Sr., Throckmorton, David Gary, Jr., and MacQueen, William, Appellants, v. BUCKS COUNTY COMMUNITY COLLEGE.

United States Court of Appeals, Third Circuit.

Decided January 20, 1984.


Attorney(s) appearing for the Case

Marc M. Orlow, Rubin, Shapiro & Slass, Philadelphia, Pa., for appellants.

Joseph Goldberg, Jay E. Mintzer, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellee.

Before ALDISERT, HIGGINBOTHAM, and SLOVITER, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) January 9, 1984.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this appeal in a diversity action based on Pennsylvania law is whether the district court erred in dismissing the complaint. Because the parties were not precise in identifying the motion for dismissal, we shall proceed as if we are reviewing the grant of a motion made under Rule 12(b)(6) of the Federal Rules of Civil...

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