Legal Opinion

Harder v. Rafferty

District Court, M.D. Florida

Decided May 16, 1989No. 88-1334-CIV—T-17(B)Published

1Opinion of the Court

ORDER ON MOTION

KOVACHEVICH, District Judge.

The cause is before the Court on Defendant’s motion to dismiss or in the alterna*906tive motion for summary judgment, filed November 2, 1988; Plaintiff’s response, filed November 23, 1988; court-ordered joint memorandum of law, filed February 16,1989; Defendant’s statute of limitations memorandum, filed April 10, 1989; Plaintiff’s statute of limitations memorandum, filed April 21, 1989; and Defendant's reply memorandum, filed May 1, 1989.

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can…

2Cases cited9 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Esther HAYDEN, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF MT. PLEASANT, TEXAS, a Corporation, Defendant-AppelleeCourt of Appeals for the First Circuit · 1979
  5. Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969

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