Legal Opinion
Walley v. Steeples
District Court, N.D. Mississippi
Decided January 8, 1996No. CIV. 1:95CV157-D-DPublished
1Opinion of the Court
MEMORANDUM OPINION
DAVIDSON, District Judge.
Presently before the court is the motion of the defendants in this cause to dismiss the plaintiffs complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. In particular, the defendants allege that they are entitled to the protection of the Mississippi Statute of Frauds, Miss.Code Ann. § 15-3-1. Finding the motion not well taken, the same shall be denied.
Discussion
I.STANDARD FOR A MOTION TO DISMISS
A Rule 12(b)(6) motion is disfavored, and it is rarely granted. Clark v. Amoco Prod. Co.,…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- James Clark v. Amoco Production Co., Etc.Court of Appeals for the Fifth Circuit · 1986
- Randolph Mahone v. Addicks Utility District of Harris CountyCourt of Appeals for the Fifth Circuit · 1988
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