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BARTH v. FIRESTONE TIRE AND RUBBER CO.

No. C-85-20534 RPA.

661 F.Supp. 193 (1987)

Harry BARTH on behalf of himself and all others similarly situated, Plaintiff, v. The FIRESTONE TIRE AND RUBBER COMPANY, a corporation Does One through One Thousand, inclusive, Defendants.

United States District Court, N.D. California, S.D. (San Jose).

As Revised September 1, 1987.

Attorney(s) appearing for the Case

Stample & Boyajian, Century City, Cal., Deason, Martin & Harrison, Los Angeles, Cal., for plaintiff.

McCutchen, Doyle, Brown & Enersen, San Jose, Cal., for defendants.

REVISED ORDER RE MOTION TO DISMISS

AGUILAR, District Judge.

The defendant Firestone Tire and Rubber Company ("Firestone") brings this motion to dismiss the Second Amended Complaint (the "Complaint") in this putative class action pursuant to Fed.R.Civ.P. 12(b)(6). The defendant argues that the plaintiff's claims here are precluded by the exclusivity provisions of the California Workers' Compensation system. Alternatively...

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