Legal Opinion
Bank One, West Virginia, St. Albans, N.A. v. United States Fidelity & Guaranty Co.
District Court, S.D. West Virginia
Decided November 22, 1994No. Civ. A. 2:94-0714Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is the Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have submitted memoranda in support of their respective positions and the matter is mature for the Court’s consideration.
As an initial matter, the Court notes the standard of review of a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. As stated by our Court of Appeals,
“In general, a motion to dismiss for failure to state a claim should not be granted unless it appears certain that…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Mylan Laboratories, Inc. v. MatkariCourt of Appeals for the Fourth Circuit · 1993
- Domenico De Sole v. United States of America, Chesapeake Bay Yacht Racing Association, United States Yacht Racing Union, Incorporated, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1991
- Stewart v. BarnesSupreme Court of the United States · 1894
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
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