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HAGER BY AND THROUGH HAGER v. SWANSON GROUP, INC.

Civil Action No. 95-4032.

916 F.Supp. 447 (1996)

Evan HAGER, a Minor, By and Through his Parents, Nancy C. and Terry D. HAGER, Plaintiff, v. The SWANSON GROUP, INC., et al., Defendants.

United States District Court, E.D. Pennsylvania.

January 31, 1996.

Attorney(s) appearing for the Case

Dennis R. Primavera, Philadelphia, PA, for plaintiff.

Ann K. Younglove, Lafayette Hill, David R. Hoffman, James G. Sheehan, Philadelphia, PA, for defendants.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

Plaintiff, Evan Hager, filed a complaint in this case in the Court of Common Pleas of Philadelphia County in May, 1995. One of the defendants, the United States Department of Navy Aviation Supply Office (the "Navy"), removed the case to this court. It then filed a motion to dismiss pursuant to Federal rules of Civil Procedure 12(b)(6) and 12(h)(3), contending that the plaintiff never filed a valid...

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