Legal Opinion

Elmore v. Shell Oil Co.

District Court, E.D. New York

Decided May 5, 1988No. 87 CV 0366PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendants move this Court for an order to dismiss the second, third and fourth claims pursuant to Fed.R.Civ.P. 12(b)(6). The Court, treating the motion as one for partial summary judgment pursuant to Fed.R.Civ.P. 56, ordered the parties to submit supplemental motion papers. See Fed. R.Civ.P. 12(b). For the reasons set forth below, defendants’ motion is denied.

FACTS

Plaintiff brings this action alleging his discharge from the employ of defendant Shell Oil Company (“Shell Oil”) was racially motivated in violation of 42 U.S.C. § 1981. In his second,…

2Cases cited18 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Lewis v. Equitable Life Assurance Society of the United StatesSupreme Court of Minnesota · 1986
  3. Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
  4. Ostrowe v. LeeNew York Court of Appeals · 1931
  5. McKinney v. County of Santa ClaraCalifornia Court of Appeal · 1980

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3Cited by9 opinions

  1. Atkins v. Industrial Telecommunications Ass'nDistrict of Columbia Court of Appeals · 1995
  2. Van-Go Transport Co., Inc. v. New York City Bd. of Educ.District Court, E.D. New York · 1997
  3. Carey v. Mt. Desert Island HospitalDistrict Court, D. Maine · 1995
  4. Chrzanowski v. LichtmanDistrict Court, W.D. New York · 1995
  5. Downs v. Waremart, Inc.Court of Appeals of Oregon · 1995

4 more not listed; retrieve them via the Exa API.

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