Legal Opinion
Santos v. Gallin
District Court, S.D. New York
Decided November 3, 1952PublishedCited by 1 opinion
1Opinion of the Court
SUGARMAN, District Judge.
Plaintiff sues defendants for libel. This is a motion “for an order dismissing the complaint herein upon the grounds that it fails to state a cause of action”. It will be deemed one to dismiss the complaint for failure to state a claim upon which relief can be granted under Fed.Rules Civ.Proc. rule 12(b)(6), 28 U.S.C.A. '
For the purposes of such a motion, the well pleaded material allegations of the complaint are taken as admitted. Moore’s Federal Practice, 2d Ed., par. 12.08, Vol. II, p. 2244.
The complaint alleges that the plaintiff is a citizen of the Philippine…
2Cases cited3 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- Kuhne v. AhlersNew York Supreme Court · 1904
3Cited by1 opinion
- Pollitt v. Brush-Moore Newspapers, Inc.Court of Appeals of Maryland · 1957