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DISANDRO-SMITH & ASSOC. v. EDRON COPIER SERVICE

Civ. A. No. 88-0323 P.

722 F.Supp. 912 (1989)

DISANDRO-SMITH & ASSOCIATES, P.C., INC. v. EDRON COPIER SERVICE, INC., Edward Brummerlow and Roland Brummerlow.

United States District Court, D. Rhode Island.

October 3, 1989.

Attorney(s) appearing for the Case

Anthony J. Giafrancesco, Providence, R.I., for plaintiff.

Gary D. Berkowitz, Pawtucket, R.I., for defendants.

OPINION AND ORDER

PETTINE, Senior District Judge.

Defendants have moved to dismiss plaintiff's complaint under Fed.R.Civ.P. 12(b)(1). Though the motion to dismiss recites Rule 12(b)(1), I consider it to be more appropriately a 12(b)(6) action and will proceed on this basis. A complaint should not be dismissed for failure to state a claim upon which relief can be granted "unless it appears beyond doubt that the plaintiff can prove no set of facts in support...

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