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RANDOLPH ASSOCIATES v. WAKEFERN FOOD CORP.

Civ. A. No. 81-1059.

527 F.Supp. 599 (1981)

RANDOLPH ASSOCIATES, etc., Plaintiff, v. WAKEFERN FOOD CORP., et al., Defendants.

United States District Court, D. New Jersey.

October 30, 1981.

Attorney(s) appearing for the Case

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P.A. by Albert G. Besser, Newark, N.J., for plaintiff.

Wilentz, Goldman & Spitzer, P.C. by Frederic K. Becker, Woodbridge, N.J., Weil, Gotshal & Manges by Dennis J. Block, New York City, for defendant Wakefern Food Corp.

Riker Danzig, Scherer & Hyland by Frank J. Miele, Morristown, N.J., for defendants Romano and Ronetco Inc.

Francis & Berry by T.C.C. Humick, Morristown, N.J., for defendant Village Super Market, Inc.

OPINION

CLARKSON S. FISHER, Chief Judge.

This motion to dismiss is brought by defendants pursuant to rule 12(b)(6), Federal Rules of Civil Procedure, for a failure to state a claim upon which relief can be granted. Defendants supported their motion with matters outside the pleading; this converted the rule 12(b)(6) motion into a motion for summary judgment to be disposed of as provided in rule 56. Adequate notice of the conversion has been given to all parties...

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