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GASPERI v. CINEMETTE CORPORATION OF AMERICA

Civ. A. No. 74-371.

391 F.Supp. 826 (1975)

Paul L. GASPERI, t/d/b/a Parkway Theatre, et al., Plaintiffs, v. CINEMETTE CORPORATION OF AMERICA, a corporation, et al., Defendants.

United States District Court, W. D. Pennsylvania.

March 20, 1975.

Attorney(s) appearing for the Case

John M. Feeney, Pittsburgh, Pa., for plaintiffs.

W. Gregg Kerr, Jr., Pittsburgh, Pa., for defendant Cinemette.

Charles W. Kenrick, Pittsburgh, Pa., for defendant Crown.

OPINION AND ORDER

SNYDER, District Judge.

Defendants Cinemette Corporation of America and Cinemette-Associated Theatres, Inc. (Cinemette) filed a Motion to Dismiss Count III of the Amended Complaint "for lack of jurisdiction over the subject matter of Count III", which this Court treats as a Motion to Dismiss under Rule 12(b)(1) and Rule 12(h)(3) of the Federal Rules of Civil Procedure.1 For the reasons which follow, this Motion...

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