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BARTH v. FIRESTONE TIRE AND RUBBER CO.

No. C-85-20534-RPA.

673 F.Supp. 1466 (1987)

Harry BARTH, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. The FIRESTONE TIRE AND RUBBER COMPANY, a corporation, Does One (1) Through One Thousand (1,000), Inclusive, Defendants.

United States District Court, N.D. California.

September 1, 1987.

Attorney(s) appearing for the Case

Stemple & Boyajian, Century City, Cal., Deason, Martin & Harrison, Los Angeles, Cal., for plaintiff.

McCutchen, Doyle, Brown & Enersen, San Jose, Cal., for defendants.

REVISED ORDER RE MOTION TO DISMISS

AGUILAR, District Judge.

The defendant Firestone Tire and Rubber Company ("Firestone") brings this motion to dismiss the Second Amended Complaint (the "Complaint") in this putative class action pursuant to Fed.R.Civ.P. 12(b)(6). The defendant argues that the plaintiff's claims here are precluded by the exclusivity provisions of the California Workers' Compensation system. Alternatively, the defendant asserts that the plaintiff...

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