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PALOMBA v. BARISH

Civ. A. No. 85-1278.

626 F.Supp. 722 (1985)

Antonio PALOMBA, et al. v. Marvin I. BARISH, et al.

United States District Court, E.D. Pennsylvania.

December 13, 1985.

Attorney(s) appearing for the Case

Sidney J. Smolinsky, Philadelphia, Pa., for plaintiffs.

Elizabeth McKenna, Philadelphia, Pa., for defendant, Marvin I. Barish.

H. Robert Fiebach, Philadelphia, Pa., for defendant, Robert C. Daniels.

Joseph Frontino, Philadelphia, Pa., for defendants, Avram G. Adler, Arnold Levin, Howard J. Creskoff and Marvin J. Levin, Ind. & t/a Adler, Barish, Daniels, Levin, Creskoff.

MEMORANDUM AND ORDER

JAMES McGIRR KELLY, District Judge.

Presently before this court is defendant, Robert C. Daniels' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant Daniels has submitted for my consideration of the motion to dismiss, affidavits of his counsel, Neil Witkes and his own affidavit. Daniels seeks to invoke that portion of Rule 12(b)(6)1 which mandates conversion of a...

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