Legal Opinion

In Re Air Transportation Excise Tax Litigation

District Court, D. Minnesota

Decided February 22, 1999No. 3-96 Civ. 453PublishedCited by 18 opinions

1Opinion of the Court

ORDER

ALSOP, Senior District Judge.

This matter comes before the Court on the motion of Defendant Federal Express Corporation (“FedEx”) for a judgment on the pleadings, Fed.R.CivP. 12(c), or, alternatively, for summary judgment, Fed. R.Civ.P. 56. For the reasons stated below, the Court will treat the motion as one for summary judgment and grant the motion. Also before the Court is Plaintiffs’ motion to strike, as premature, the affidavits of two experts offered by FedEx in support of its motion. Since the Court need not consider these affidavits to resolve the dis-positive motion before it, the…

2Cases cited26 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  4. American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
  5. Clinton v. City of New YorkSupreme Court of the United States · 1998

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3Cited by18 opinions

  1. Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
  2. Harrington v. American AirlinesCourt of Appeals for the First Circuit · 2007
  3. Tammy Berera v. Mesa Medical Group, PLLCCourt of Appeals for the Sixth Circuit · 2015
  4. In Re Motor Fuel Temperature Sales Practices LitigationDistrict Court, D. Kansas · 2008
  5. Leonard v. Northwest Airlines, Inc.Court of Appeals of Minnesota · 2000

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