MALONE v. SAFEWAY STORES, INC.

Civ. No. 87-530-FR.

698 F.Supp. 207 (1987)

Jerry R. MALONE, Plaintiff, v. SAFEWAY STORES, INC., a Delaware corporation, and United Food and Commercial Workers Local 55, Defendants.

United States District Court, D. Oregon.

November 20, 1987.


Attorney(s) appearing for the Case

Mary Lois Wagner, Shepard & Wagner, Eugene, Or., for plaintiff.

Janice M. Stewart, David B. Paradis, McEwen, Gisvold, Rankin & Stewart, Portland, Or., for defendant Safeway Stores, Inc.


OPINION

FRYE, Judge:

Defendant Safeway Stores, Inc. (Safeway) moves to dismiss the third claim for relief from plaintiff, Jerry R. Malone's, amended complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.

The third claim for relief is a common law claim for the intentional infliction of emotional distress. In his third claim for relief, Malone alleges that Safeway discriminated in the terms and conditions...

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