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BACON v. BEST FOODS, DIV. OF C.P.C. INTERN., INC.

Civ. A. No. 75-1305-C.

412 F.Supp. 15 (1976)

Robert P. BACON, Sr. v. BEST FOODS, DIVISION OF C. P. C. INTERNATIONAL, INC., d/b/a S. B. Thomas.

United States District Court, D. Massachusetts.

March 5, 1976.

Attorney(s) appearing for the Case

Richard N. LaSalle, Fall River, Mass., for plaintiff.

Peter S. Terris, Robert L. Klivans, Palmer & Dodge, Boston, Mass., for defendant.

OPINION

CAFFREY, Chief Judge.

This is a civil action filed in this Court on the basis of diversity of jurisdiction. It contains two counts, one sounding in contract and one sounding in tort. Plaintiff is a resident of Somerset, Massachusetts and defendant is a corporation organized under the laws of the State of New Jersey.

The matter came before the Court on the basis of defendant's motion to dismiss under Rule 12(b)(6), F.R.Civ.P., on the grounds...

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