Legal Opinion

Penn v. Alamo Rent-A-Car, Inc.

District Court, E.D. Pennsylvania

Decided November 17, 1989No. Master File No. 89-0121. Civ. A. Nos. 89-0195, 89-1738PublishedCited by 3 opinions

1Opinion of the Court

BENCH MEMORANDUM *

LOUIS H. POLLAK, District Judge.

What is before us is a motion to dismiss the complaint in this matter. The complaint was filed in January. A motion to dismiss for failure to state a claim was filed in late April, concurrent with the filing of an answer. As noted, I conclude that the motion to dismiss is to be deemed timely and I will therefore address it.

The complaint in this action is one which is brought on behalf of three plaintiffs who present themselves as members of a class. A motion for class certification has been filed and is pending. The plaintiffs are persons who…

2Cases cited14 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Rose v. BartleCourt of Appeals for the Third Circuit · 1989
  4. K. Kay Shearin v. The E.F. Hutton Group, Inc., E.F. Hutton & Company Inc. And E.F. Hutton Trust CompanyCourt of Appeals for the Third Circuit · 1989
  5. United States v. Anthony M. Scotto and Anthony AnastasioCourt of Appeals for the Second Circuit · 1980

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3Cited by3 opinions

  1. Brittingham v. Mobil Corp.Court of Appeals for the Third Circuit · 1991
  2. Princeton Economics Group, Inc. v. American Telephone & Telegraph Co.District Court, D. New Jersey · 1991
  3. R.R. Brittingham, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation and Mobil Oil Corporation D/B/A Mobil Chemical Company, Inc. R.R. Brittingham, in 90-1989. Matthew D. Roazen, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation, Mobil Oil Corporation D/B/A Mobil Chemical Company Matthew D. Roazen, in 91-1019. Jack Dorf, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation, Mobil Oil Corporation D/B/A Mobil Chemical Company Jack Dorf, in 91-1025. Beth Dunnington, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation Beth Dunnington, in 91-1034. S.A. Poncet-Pitkow, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation S.A. Poncet-Pitkow, in 91-1035. Leo Geiger, Individually and on Behalf of All Others Similarly Situated v. Mobil Corporation, Mobil Oil Corporation D/B/A Mobil Chemical Company, Inc. Leo Geiger, in 91-1041Court of Appeals for the Third Circuit · 1991

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