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AQUINO v. SOMMER MAID CREAMERY, INC.

Civ. A. No. 86-3001.

657 F.Supp. 208 (1987)

Helen AQUINO and Ray Aquino v. SOMMER MAID CREAMERY, INC.

United States District Court, E.D. Pennsylvania.

March 19, 1987.

Attorney(s) appearing for the Case

Martha Sperling, Doylestown, Pa., for plaintiffs.

Donna Dougherty, Charles Halpin, Wayne, Pa., for defendant.

MEMORANDUM and ORDER

SHAPIRO, District Judge.

Defendant Sommer Maid Creamery, Inc. ("Sommer Maid") filed a motion to dismiss part of Count 1 and Counts 2 and 3 of plaintiffs' second amended complaint; plaintiffs filed an answer and memorandum in opposition and asserting as "new matter" a request for reasonable attorneys' fees expended in replying to the defendant's motion. For the reasons stated below, defendant's motion to dismiss Count 1 in part is denied...

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