EPSTEIN v. TOWNSHIP OF WHITEHALL

Civ. A. No. 88-0534.

693 F.Supp. 309 (1988)

Jeffry A. EPSTEIN, Individually, Jeffry A. Epstein and William M. Berger, Partners, t/a Seventh Street Joint Venture, and Berger-Epstein Associates, Inc., Plaintiffs, v. The TOWNSHIP OF WHITEHALL, Michael P. Harakal, Jr., Gerald J. Fabian, John C. Wieand, Elizabeth L. Buchmiller, Clair Hunsberger, and Linda Snyder, Defendants.

United States District Court, E.D. Pennsylvania.

August 22, 1988.


Attorney(s) appearing for the Case

James T. Huber, Allentown, Pa., for plaintiffs.

Jeffrey Matzkini, Allentown, Pa., for defendants.


MEMORANDUM AND ORDER

TROUTMAN, Senior District Judge.

Presently before us in the above-captioned action is the defendants' Motion To Dismiss the plaintiffs' Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and (6). Since both parties have submitted evidence in support of their respective positions outside the only pleading of record, i.e., the plaintiffs' Complaint, we have, as required by Fed.R. Civ.P. 12(b), treated the defendants' Motion, where appropriate...

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