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MERRELL v. ALL SEASONS RESORTS, INC.

No. CV 89-3218 DT.

720 F.Supp. 815 (1989)

Tracey R. MERRELL, Plaintiff, v. ALL SEASONS RESORTS, INC., Defendant.

United States District Court, C.D. California.

September 1, 1989.

Attorney(s) appearing for the Case

Harris E. Kerschnar, Wallin & Klarich, Tustin, Cal., for plaintiff.

Debby R. Hambleton, Rexon, Freedman & Klepetar, Los Angeles, Cal., for defendant.

OPINION

TEVRIZIAN, District Judge:

On August 14, 1989 this Court heard defendant ALL SEASONS RESORTS, INC.'s motion to dismiss count three of plaintiff TRACEY MERRELL's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and defendant's motion for an order pursuant to Federal Rule of Civil Procedure 39(a)(2) setting count one of plaintiff's complaint for court trial. For the reasons discussed below, this Court denies defendant's motion to dismiss...

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