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ESPINOZA v. FRY'S FOOD STORES OF ARIZONA, INC.

No. CIV 89-1934 PHX RCB.

806 F.Supp. 855 (1990)

Jerry ESPINOZA and Lisa Y. Espinoza, husband and wife, Plaintiffs, v. FRY'S FOOD STORES OF ARIZONA, INC., a California corporation, Defendants.

United States District Court, D. Arizona.

April 11, 1990.

Attorney(s) appearing for the Case

Thomas P. McVay, Phoenix, Ariz., for plaintiffs.

Nathan R. Niemuth, Michael D. Moberly, Ryley, Carlock & Applewhite, Phoenix, Ariz., for defendants.

ORDER

BROOMFIELD, District Judge.

Defendant filed a motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6) and a motion for partial judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). Plaintiff responded and filed two motions to remand. The Court heard oral argument on April 9, 1990. After careful review of the parties written and oral arguments, the Court now rules.

I. FACTS

Plaintiffs filed a pro per complaint in Arizona Superior...

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