Legal Opinion
Diane Dimella v. Gray Lines of Boston, Inc., and Herb Edmunds, United States of America
Court of Appeals for the First Circuit
Decided January 13, 1988No. 87-1209PublishedCited by 14 opinions
1Opinion of the Court
BAILEY ALDRICH, Senior Circuit Judge.
This case, in its present aspect a federal tort claim against the United States, 28 U.S.C. § 2671 et seq., was heard in a somewhat bastard form, part way between a formal motion to dismiss for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and, informally, a motion for summary judgment, not filed. While in exceptional instances this amalgam can be proper, see King v. Williams Industries, Inc., 565 F.Supp. 321, 323 (D.Mass.1983), aff'd per curiam, 724 F.2d 240 (1st Cir.), cert. denied, 466 U.S. 980, 104 S.Ct. 2363, 80 L.Ed. 2d 835 (1984), the case began…
2Cases cited7 opinions
- Gomez v. ToledoSupreme Court of the United States · 1980
- United States v. MunizSupreme Court of the United States · 1963
- Arthur Quiller, Lillie Mae Quiller, and All Other Persons Similarly Situated v. Barclays American/credit, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Raymer v. United StatesCourt of Appeals for the Sixth Circuit · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Boston & Maine Corporation v. Town of HamptonCourt of Appeals for the First Circuit · 1993
- Bolduc v. United StatesCourt of Appeals for the First Circuit · 2005
- Scanlon v. Department of ArmyCourt of Appeals for the First Circuit · 2002
- Anderson v. City of SpringfieldMassachusetts Supreme Judicial Court · 1990
- Cash Energy, Inc. v. WeinerDistrict Court, D. Massachusetts · 1991
9 more not listed; retrieve them via the Exa API.