Miller v. B-B Distributing Co.

MEMORANDA OPINIONS AND ORDERS

NEESE, District Judge.

(The plaintiffs amended their complaint herein so as to invoke properly the jurisdiction of this Court, see memorandum opinion and order herein of February 14, 1978.)

A magistrate of this district recommended that the motion of the defendant White Clover Cheese Company, Inc. (White Clover) for a dismissal of this action, for the plaintiffs’ failure to state a claim against it upon which relief can be granted herein, Rule 12(b)(6), Federal Rules of Civil Procedure, or alternatively, for a summary judgment, Rule 56(b), Federal Rules of Civil…