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SMITH v. JOS. SCHLITZ BREWING CO.

Civ. A. No. 75-2216.

419 F.Supp. 770 (1976)

Robert E. SMITH, Plaintiff, v. JOS. SCHLITZ BREWING COMPANY, Defendant.

United States District Court, D. New Jersey.

May 28, 1976.

Attorney(s) appearing for the Case

David Shor, Union, N.J., for plaintiff.

Garrett E. Brown, Jr., Westfield, N.J., Stryker, Tams & Dill, Newark, N.J., for defendant.

OPINION

STERN, District Judge.

This matter comes before the Court on defendant's motion to dismiss the complaint for lack of subject-matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6), and in the alternative for summary judgment. By letter of April 7, 1976, the Court notified the parties that the portion of the motion...

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