MARGETSON v. UNITED VAN LINES, INC.

No. CIV-91-638 SC.

785 F.Supp. 917 (1991)

Ashley MARGETSON, Plaintiff, v. UNITED VAN LINES, INC., Defendant.

United States District Court, D. New Mexico.

September 30, 1991.


Attorney(s) appearing for the Case

Randolph B. Felker, Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, Santa Fe, N.M., for plaintiff.

Michael W. Brennan, Grey W. Handy, Carpenter, Comeau, Maldegan, Brennan, Nixon & Templeman, Santa Fe, N.M., for defendant.


MEMORANDUM OPINION AND ORDER

CAMPOS, District Judge.

This action is before the Court on defendant's Motion to Dismiss. The Court, having reviewed the memoranda submitted by the parties and being apprised of the applicable law, finds that the motion should be granted in part and denied in part.

In ruling on a motion to dismiss, the Court must construe the pleadings in favor of the plaintiff. Only if, after liberal construction of the pleadings, there...

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