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THOMEIER v. RHONE-POULENC, INC.

Civil Action No. 95-274 Erie.

928 F.Supp. 548 (1996)

Lenise THOMEIER, Permanent Plenary Guardian of the Person and the Estate of Stephen Thomeier, a totally incapacitated person, and Lenise Thomeier, Plaintiffs, v. RHÔNE-POULENC, INC., Defendant.

United States District Court, W.D. Pennsylvania.

June 5, 1996.

Attorney(s) appearing for the Case

Neil R. Rosen, Kapetan, Meyers, Rosen, Louik & Raizman, Pittsburgh, PA, for Lenise Thomeier.

Charles M. Tea, Kirkpatrick & Lockhart, Pittsburgh, PA, for Rhône-Poulenc, Inc.

MEMORANDUM

McLAUGHLIN, District Judge.

The Defendant, Rhône-Poulenc, Inc. ("RPI"), has moved to dismiss this action under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, this motion will be denied.

I. BACKGROUND

Stephen Thomeier was severely injured on October 14, 1993 while working for RPI near Oil City, Pennsylvania. On July 15, 1994, Thomeier instituted an action in...

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