Foss et al v. Phoenix Insurance Company

Filing 11

ORDER (memorandum filed previously as separate docket entry), DENYING 6 MOTION TO DISMISS Count II FOR FAILURE TO STATE A CLAIM Signed by Honorable James M. Munley on 11/30/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARTIN FOSS and SUSAN FOSS, : No. 3:17cv1757 Plaintiffs : : (Judge Munley) v. : : PHOENIX INSURANCE COMPANY, : Defendant : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 30th day of November 2017, it is hereby ORDERED that the defendant’s motion to dismiss Count II (Doc. 6) of plaintiffs’ complaint is DENIED. BY THE COURT: s/James M. Munley_______ JUDGE JAMES M. MUNLEY United States District Court

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