Legal Opinion
United States ex rel. Mueller v. Eckerd Corp.
District Court, M.D. Florida
Decided February 22, 1999No. 95-2030-Civ-T-17CPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIM
KOVACHEVICH, Chief Judge.
THIS CAUSE is before the Court on Plaintiffs/Counter-Defendants’ Motion to Dismiss Defendants/Counter-Plaintiffs Counterclaim filed December 7,1998 (Docket No. 89) and response thereto filed January 11,1999 (Docket No. 95).
Standard of Review
A district court should not dismiss a complaint unless it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” See Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). To…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Rickman v. Precisionaire, Inc.District Court, M.D. Florida · 1995
- Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
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3Cited by3 opinions
- Control Center, L.L.C. v. LauerDistrict Court, M.D. Florida · 2002
- Sandwich Chef of Texas, Inc. v. Reliance National Indemnity InsuranceDistrict Court, S.D. Texas · 2001
- United States of America, ex rel. Dr. Joshu Raiten v. Korunda Medical, LLC (d/b/a Korunda Pain Management Center), and Dr. Zdenko KorundaDistrict Court, M.D. Florida · 2026