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KUBE v. NEW PENN MOTOR EXPRESS, INC.

Civ. No. 93-0162(SSB).

865 F.Supp. 221 (1994)

Thomas L. KUBE, Plaintiff, v. NEW PENN MOTOR EXPRESS, INC., et al., Defendants.

United States District Court, D. New Jersey.

September 30, 1994.

Attorney(s) appearing for the Case

Richard E. Yaskin, Evans & Yaskin, Medford, NJ, for plaintiff.

Dennis P. Blake, Brown & Connery, Westmont, NJ, Francis M. Milone, Jeffrey E. Fleming, Morgan, Lewis & Bockius, Philadelphia, PA, for defendants.

OPINION

BROTMAN, District Judge:

Presently before the court is defendant's motion for summary judgment. For the reasons set forth below, defendant's motion is denied.

I. Factual and Procedural Background

In August 1987, New Penn Motor Express ("New Penn") hired plaintiff Thomas Kube ("Kube") as a "city driver" at its Cinnaminson, New Jersey terminal. Plaintiff's Brief ("Pl. Br."), at 1; Defendant's Memorandum ("Def. Memo"...

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