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OCCUPATIONAL-URGENT CARE H. SYS. v. SUTRO & CO.

Civ. No. S-88-0154 MLS.

711 F.Supp. 1016 (1989)

OCCUPATIONAL-URGENT CARE HEALTH SYSTEMS, INC., a California corporation, Plaintiff, v. SUTRO & CO., INCORPORATED, a Nevada corporation, and Steven L. Merrill and Francis A. Martin, III, as the personal representatives of Claxton A. Long, deceased, Defendants.

United States District Court, E.D. California.

April 21, 1989.

Attorney(s) appearing for the Case

William P. Torngren, Attia, Bartel, Eng & Torngren, Sacramento, Cal. (Richard Wiener, Cadwalader, Wickersham & Taft, New York City, of counsel), for plaintiff.

Kenneth G. Hausman, Therese M. Stewart, Miriam R. Arfin, Pauline E. Calande, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal., for defendants.

MEMORANDUM OF DECISION AND ORDER

MILTON L. SCHWARTZ, District Judge.

This matter is before the court on defendants' motion to dismiss plaintiff's first amended complaint for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6), and motion for a more definite statement and to strike immaterial allegations, pursuant to Federal Rule of Civil Procedure 12(e). These motions were heard on November 18,...

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