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SMITH v. NATIONAL R.R. PASSENGER CORP.

Civil Action No. 98-2816.

25 F.Supp.2d 574 (1998)

Susan Elaine SMITH v. THE NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"), et al.

United States District Court, E.D. Pennsylvania.

October 5, 1998.

Attorney(s) appearing for the Case

Alice W. Ballard, Samuel & Ballard, P.C., Philadelphia, PA, for Susan Elaine Smith.

William J. Delany, Judith E. Harris, Morgan, Lewis & Bockius, Philadelphia, PA, for National R.R. Passenger Corp. ("Amtrak").

Kenneth D. Kleinman, Stevens & Lee, Wayne, PA, for Fred E. Weiderhold.

MEMORANDUM

BARTLE, District Judge.

The interesting question presented is whether the claim of plaintiff Susan Elaine Smith ("Smith") against defendant Fred E. Weiderhold ("Weiderhold") is for breach of promise to marry — a cause of action long ago abolished.1 Weiderhold has moved to dismiss the complaint as to him under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that plaintiff has not stated...

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