Legal Opinion

Digiro v. Pall Aeropower Corp.

District Court, M.D. Florida

Decided October 2, 1998No. 97-2338-CIV-T-17CPublishedCited by 1 opinion

1Opinion of the Court

ORDER ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT

KOVACHEVICH, Chief Judge.

THIS CAUSE is before the Court on Defendant’s, Pall Aeropower Corporation, Motion to Dismiss Plaintiffs Amended Complaint, filed June 16, 1998. Plaintiff filed his response, (Docket No. 29) on July 28, 1998.

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 survive a…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. 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

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3Cited by1 opinion

  1. Choate v. Community Health Centers of Pinellas, Inc.District Court, M.D. Florida · 2000

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