Legal Opinion
Stiller v. Sumter Bank and Trust Co.
District Court, M.D. Georgia
Decided February 9, 1994No. Civ. 93-81-ALB/AMER(DF)PublishedCited by 5 opinions
1Opinion of the Court
ORDER
FITZPATRICK, District Judge.
Defendants have moved individually to dismiss the federal and state civil Racketeering Influenced and Corrupt Organizations (RICO) Act counts from Plaintiffs complaint. Fed.R.Civ.P. 12(b)(6). Since jurisdiction in this court is based on the federal question presented by the RICO allegations, dismissal of that claim would authorize the court to dispose of the entire case. 28 U.S.C. § 1367.
In adjudicating a motion to dismiss, the court is constrained to only those facts asserted in Plaintiffs’ complaint, which it must treat as true. A plaintiffs burden of…
2Cases cited24 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
- Pereira v. United StatesSupreme Court of the United States · 1954
- Schmuck v. United StatesSupreme Court of the United States · 1989
- Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- United States v. James S. DoranCourt of Appeals for the Eleventh Circuit · 2017
- United States v. James S. DoranCourt of Appeals for the Eleventh Circuit · 2017