Benjamin v. Cleburne Truck & Body Sales, Inc.

MEMORANDUM OPINION SUPPLEMENTING ORDER

On August 10, 1976 defendant, Ramsay Motors, Inc., filed a motion to dismiss that portion of the complaint herein which alleged a cause of action on behalf of plaintiff Claire Benjamin, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Upon reviewing the written memoranda submitted in support of and in opposition to the aforesaid motion the Court denied the same per Order dated November 23, 1976. As the matter presented a relatively novel question of law, the reasons for the aforementioned disposition are expounded upon herein.

The instant…