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CLARK v. BURGER KING CORP.

Civil Action No. 02-0246(JEI).

255 F.Supp.2d 334 (2003)

Robert CLARK, an individual, and A.D.A. Access Today, a non-profit Pennsylvania Corporation, on behalf of themselves and all others similarly situated, Plaintiffs, v. BURGER KING CORPORATION and Dime-Mor II, Inc., Defendants.

United States District Court, D. New Jersey.

April 4, 2003.

Attorney(s) appearing for the Case

Brodsky & Smith, LLC, by Evan J. Smith, Cherry Hill, NJ, for Plaintiffs.

W. Barry Blum, Deputy General Counsel, Burger King Corporation, Genovese Joblove & Battista, PA, by Jonathan E. Perlman, Chad K. Lang, Miami, FL, Capehart & Scatchard, PA, by John H. Geaney, Mount Laurel, NJ, for Defendant, Burger King Corporation.

Baron, Riefberg & Ward, A Professional Corporation, by Barbara E. Riefberg, Esq., Voorhees, NJ, for Defendant, Dime-Mor II, Inc.

OPINION

IRENAS, Senior District Judge.

Presently before this Court are the motions of Defendant, Burger King Corporation ("BKC"),1 to (1) transfer venue in this dual class action, pursuant to 28 U.S.C. § 1404(a), to the Southern District of Florida, and to (2) dismiss Plaintiffs' amended complaint, pursuant to Rule 12 of the Federal Rules of Civil Procedure. On February 27, 2003, the Court heard oral argument on the instant...

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