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KYLE v. DAYS INN OF AMERICA, INC.

Civ. A. No. 82-0677.

550 F.Supp. 368 (1982)

Margaret J. KYLE and John P. Kyle, her husband, Plaintiffs, v. DAYS INN OF AMERICA, INC., a corporation, as well as Days Inn of America Franchising, Inc., a corporation, Defendants.

United States District Court, M.D. Pennsylvania.

September 23, 1982.

Attorney(s) appearing for the Case

Robert H. Somerton, Zupancic & Somerton, Pittsburgh, Pa., for plaintiffs.

John Q. Durkin, Nogi, O'Malley & Harris, P.C., Scranton, Pa., for defendants.

MEMORANDUM

RAMBO, District Judge.

The defendants, Days Inn of America, Inc. and Days Inn of America Franchising, Inc. have filed a motion to dismiss the complaint of Margaret J. and John P. Kyle under Federal Rule of Civil Procedure 12. The Kyle's complaint arises out of an alleged fall of Mrs. Kyle at a Days Inn Motel in Savannah, Georgia. The Kyles are residents of Pittsburgh, Pennsylvania. The complaint as...

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