Legal Opinion

Duffy v. Lipsman-Fulkerson & Co.

District Court, D. Montana

Decided December 8, 1961No. 871PublishedCited by 38 opinions

1Opinion of the Court

MURRAY, Chief Judge.

The motion of the defendants to dismiss the first and second separate claims in plaintiff’s complaint having been considered by the Court, and the Court being fully advised in the premises,

Now, therefore, it is ordered and this does order that said motion to dismiss be and the same hereby is denied, and the defendants are granted 20 days within which to further plead.

In this case, with regard to the first separate claim, defendants apparently do not seriously urge their motion to dismiss and the Court has examined the claim and is convinced that it does state a claim upon…

2Cases cited22 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Dini v. NaiditchIllinois Supreme Court · 1960
  4. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  5. Montgomery v. StephanMichigan Supreme Court · 1960

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

3Cited by38 opinions

  1. Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
  2. American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
  3. Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
  4. Gates v. FoleySupreme Court of Florida · 1971
  5. Thill v. Modern Erecting Co.Supreme Court of Minnesota · 1969

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

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