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PHILLIPS v. ALD, INC.

Civ. No. 8951.

83 F.Supp. 404 (1949)

PHILLIPS v. ALD, Inc.

United States District Court E. D. Pennsylvania.

February 28, 1949.

Attorney(s) appearing for the Case

Wilbur Greenberg, of Philadelphia, Pa., for plaintiff.

Sidney Schulman and Martin H. Yusem, both of Philadelphia, Pa., for defendant.

McGRANERY, District Judge.

This case arises on a motion to dismiss the complaint, a motion that should not be granted "* * * [unless] it appears to a certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of the claim." See Continental Collieries v. Shober, 3 Cir., 130 F.2d 631, 634, 635. An examination of the complaint and a copy of the contract entered into by the parties...

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