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FERDINAND DREXEL INV. CO., INC. v. ALIBERT

Civ. A. No. 89-1319.

723 F.Supp. 313 (1989)

FERDINAND DREXEL INVESTMENT CO., INC.; Vernon Alibert, et al. v. Victor F. ALIBERT, et al.

United States District Court, E.D. Pennsylvania.

October 17, 1989.

Attorney(s) appearing for the Case

Emmett Fitzpatrick, III, Philadelphia, Pa., for plaintiffs.

Jeffrey Cooper, Philadelphia, Pa., for defendants.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

INTRODUCTION

I have before me defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment and Plaintiffs' Response thereto ("Response"). For the reasons given below, following oral argument on October 6, 1989, I will grant the Motion and enter judgment in favor of defendants and against plaintiffs.

A motion to dismiss under Rule 12(b)(6) cannot be granted "unless it appears...

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