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FULLER v. PEP BOYS — MANNY, MOE & JACK OF DELAWARE, INC.

No. Civ.A. 00-B-132.

88 F.Supp.2d 1158 (2000)

Kevin L. FULLER and Lee Williams, Plaintiffs, v. PEP BOYS — MANNY, MOE & JACK OF DELAWARE, INC., a Delaware corporation, Defendant.

United States District Court, D. Colorado.

March 29, 2000.

Attorney(s) appearing for the Case

Todd J. McNamara, Denver, CO, for plaintiffs.

Katherine J. Peck, Matt A. Meyer, Holme Roberts & Owen LLP, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Asserting application of an arbitration clause, Defendant, Pep Boys — Manny, Moe & Jack of Delaware ("Pep Boys"), moves to compel arbitration of this employment discrimination action and dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction. Plaintiffs, Kevin Fuller and Lee Williams, oppose this motion. The issues are fully briefed and oral argument...

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