In Re Air Transportation Excise Tax Litigation
District Court, D. Minnesota
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
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
- Clinton v. City of New YorkSupreme Court of the United States · 1998
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- Leonard v. Northwest Airlines, Inc.Court of Appeals of Minnesota · 2000
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