Legal Opinion

Smyth v. Pillsbury Co.

District Court, E.D. Pennsylvania

Decided January 23, 1996No. Civil Action 95-5712PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

WEINER, District Judge.

In this diversity action, plaintiff, an at-will employee, claims he was wrongfully discharged from his position as a regional operations manager by the defendant. Presently before the court is the motion of the defendant to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons which follow, the motion is granted.

A claim may be dismissed under Fed.R.Civ.P. 12(b)(6) only if the plaintiff can prove no set of facts in support of the claim that would entitle him to relief. ALA, Inc. v. CCAIR, Inc., 29 F.3d 855,…

2Cases cited18 opinions

  1. Geary v. United States Steel Corp.Supreme Court of Pennsylvania · 1974
  2. Ala, Inc. v. Ccair, Inc.Court of Appeals for the Third Circuit · 1994
  3. Clay v. Advanced Computer Applications, Inc.Supreme Court of Pennsylvania · 1989
  4. Reuther v. Fowler & Williams, Inc.Superior Court of Pennsylvania · 1978
  5. John Novosel v. Nationwide Insurance CompanyCourt of Appeals for the Third Circuit · 1983

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3Cited by12 opinions

  1. In Re Asia Global Crossing, Ltd.United States Bankruptcy Court, S.D. New York · 2005
  2. Stengart v. Loving Care Agency, Inc.Supreme Court of New Jersey · 2010
  3. Bensinger v. University of Pittsburgh Medical CenterSuperior Court of Pennsylvania · 2014
  4. Wilson v. MoreauDistrict Court, D. Rhode Island · 2006
  5. Clark v. Teamsters Local Union 651District Court, E.D. Kentucky · 2018

7 more not listed; retrieve them via the Exa API.

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