Weitzen v. Kearns
District Court, S.D. New York
1Opinion of the Court
OPINION
BONSAL, District Judge.
Defendants move for an order pursuant to Rule 12(b) of the Federal .Rules of Civil Procedure dismissing the complaint in the above entitled action on the ground that this Court has no jurisdiction over the subject matter and the complaint fails to state a claim upon which relief can be granted. In the alternative, defendants move for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary judgment against the plaintiffs. Since the parties have submitted “matters outside the pleadings” both in support of and in opposition to the…
2Cases cited26 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.Court of Appeals for the Second Circuit · 1967
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3Cited by20 opinions
- Mader v. ArmelCourt of Appeals for the Sixth Circuit · 1968
- Shapiro v. Merrill Lynch, Pierce, Fenner & Smith Inc.District Court, S.D. New York · 1972
- First Mobile Home Corporation v. LittleMississippi Supreme Court · 1974
- Superintendent of Ins. of State of NY v. Bankers Life & Cas. Co.District Court, S.D. New York · 1969
- Briggs v. SternerDistrict Court, S.D. Iowa · 1981
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