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PENN v. ALAMO RENT-A-CAR, INC.

Master File No. 89-0121. Civ. A. Nos. 89-0195, 89-1738.

725 F.Supp. 1339 (1989)

Barry F. PENN, individually and on behalf of all others similarly situated v. ALAMO RENT-A-CAR, INC. Shari B. DEGHI, individually and on behalf of all others similarly situated v. ALAMO RENT-A-CAR, INC. Beth ERVAIS, individually and on behalf of all others similarly situated v. ALAMO RENT-A-CAR, INC.

United States District Court, E.D. Pennsylvania.

On Motion For Reconsideration November 17, 1989.

Attorney(s) appearing for the Case

Arnold Levin, Levin, Fishbein, Sedran & Berman and Harold Berger and Warren D. Mulloy, Berger & Montague, Philadelphia, Pa., for plaintiff, Beth Ervais.

Dianne M. Nast, Kohn, Savett, Klein & Graf, P.C., Philadelphia, Pa., for plaintiff, Barry F. Penn.

Richard D. Greenfield and C. Oliver Burt, III, Greenfield & Chimicles, Haverford, Pa., for plaintiff, Shari B. Deghi.

Schulte Roth & Zabel by John S. Martin, Jr., New York City and Baskin Flaherty Elliott & Mannino, P.C. by Louis B. Kupperman and Kevin J. Kehner, Philadelphia, Pa., for defendant, Alamo Rent-A-Car, Inc.

BENCH MEMORANDUM*

LOUIS H. POLLAK, District Judge.

What is before us is a motion to dismiss the complaint in this matter. The complaint was filed in January. A motion to dismiss for failure to state a claim was filed in late April, concurrent with the filing of an answer. As noted, I conclude that the motion to dismiss is to be deemed timely and I will therefore address it.

The complaint in this action is one which is...

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