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JORDAN v. BERMAN

Civ. A. No. 89-8172.

758 F.Supp. 269 (1991)

Joe J. JORDAN, James E. Mitchell and Jordan, Mitchell, Inc., on their own behalf and on behalf of all others similarly situated, v. Arnold T. BERMAN, Myron J. Berman and John J. Pettit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County.

United States District Court, E.D. Pennsylvania.

February 22, 1991.

Attorney(s) appearing for the Case

Sharon K. Wallis, Philadelphia, Pa., for plaintiffs.

Kathy J. Langley, Steven R. Waxman, Philadelphia, Pa., for Bermans.

Maria L. Petrillo, Philadelphia, Pa., for Pettit.

MEMORANDUM

WALDMAN, District Judge.

Presently before the court are defendants' motions to Dismiss for Failure to state a Claim Upon Which Relief can be Granted or in the Alternative for Summary Judgment. Because virtually no discovery has been conducted and the motions clearly are premised upon plaintiffs' failure to state a cognizable claim in their complaint, the court treated them as Fed.R.Civ.P. 12(b)(6) motions and applied the standard appropriate thereto...

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