Legal Opinion
Asbury Square, LLC v. Amoco Oil Co.
District Court, S.D. Iowa
Decided May 21, 2004No. 4:03-cv-40199Published
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
GRITZNER, District Judge.
This matter comes before the Court on Defendant’s Motion to Dismiss Count II pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) (Clerk’s No. 34). A hearing on this motion was held on May 13, 2004. Plaintiff was represented by James G. Saw-telle, Todd Locher, and Stephen R. Eckley, with Mr. Sawtelle presenting oral argument resisting Defendant’s motion; Defendant was represented by Mark S. Lillie, who presented oral argument supporting Defendant’s motion. The Court considers the matter fully submitted.
PROCEDURAL…
2Cases cited27 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Cruz v. BetoSupreme Court of the United States · 1972
- In Re Glenfed, Inc. Securities LitigationCourt of Appeals for the Ninth Circuit · 1994
- Clarence E. Bennett v. Kenneth Berg, Dan R. Sandford, Jr. v. Kenneth BergCourt of Appeals for the Eighth Circuit · 1982
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