REGENCY CATERING SERVICES v. CITY OF WILKES-BARRE

Civ. No. 85-1126.

640 F.Supp. 29 (1985)

REGENCY CATERING SERVICES, INC., Plaintiff, v. The CITY OF WILKES-BARRE, The City of Wilkes-Barre Board of Health, and Thomas V. McGlaughlin, Mayor of the City of Wilkes-Barre, Defendants.

United States District Court, M.D. Pennsylvania.

December 6, 1985.


Attorney(s) appearing for the Case

John E. O'Connor, Joseph D. Burke, Kingston, Pa., for plaintiff.

Donald Brobst, Robert D. Schaub, Wilkes-Barre, Pa., for defendants.


MEMORANDUM AND ORDER

CONABOY, District Judge.

We consider here Defendants' motion to dismiss this suit for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). As a general rule, courts do not favor the summary disposition of cases on their merits. In fact, "... a complaint should not be dismissed ... unless it appears beyond doubt that the Plaintiff can prove no set of facts in support of his claim...

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