Legal Opinion

Beloit Power Systems, Inc. v. Hess Oil Virgin Islands Corp.

District Court, Virgin Islands

Decided January 28, 1981No. Civil No. 1980/94PublishedCited by 10 opinions

1Opinion of the CourtFinch, Judge

MEMORANDUM OPINION AND ORDER

This case is before the Court on defendant’s motion for judgment on the pleadings pursuant to Rule 12(c) Fed. R. Civ. P. on Count Two of plaintiff’s amended complaint. Defendant avers that this count fails to state a cause of action. Under Rule 12(h)(2) Fed. R. Civ. P. this defense, taken as equivalent to a failure to state a claim upon which relief can be granted, is appropriate to a motion for judgment on the pleadings. However, for the reasons stated below, this motion is denied.

Count Two of the amended complaint prays for contribution from Hess Oil Virgin…

2Cases cited9 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Haynes v. City of NitroWest Virginia Supreme Court · 1977
  3. Verge v. Ford Motor Co.Court of Appeals for the Third Circuit · 1978
  4. Gomes v. BrodhurstCourt of Appeals for the Third Circuit · 1967
  5. John Keegan v. Anchor Inns, Inc.Court of Appeals for the Third Circuit · 1979

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3Cited by10 opinions

  1. Kelvin Manbodh Asbestos Litigation Series v. Hess Oil Virgin Islands Corp.Superior Court of The Virgin Islands · 2005
  2. Willie v. Amerada Hess Corp.Superior Court of The Virgin Islands · 2017
  3. Kelvin Manbodh Asbestos Litigation Series v. Hess Oil Virgin Islands Corp.Superior Court of The Virgin Islands · 2006
  4. Jeffers v. Meridian Engineering, Inc.Supreme Court of The Virgin Islands · 1992
  5. Continental Casualty Co. v. United States Trust Co.District Court, Virgin Islands · 1982

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