Legal Opinion
Riley v. Atkinson
District Court, N.D. Mississippi
Decided December 26, 1975No. EC 75-156-SPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
This action is before the court on defendants’ motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6).
The parties have presented memoranda in accordance with the rules of the court and the matter is now ripe for decision.
The court should not sustain a motion to dismiss for failure to state a claim “unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Monroe v. PapeSupreme Court of the United States · 1961
- City of Kenosha v. BrunoSupreme Court of the United States · 1973
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Withers v. BuckleySupreme Court of the United States · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hamilton v. CovingtonDistrict Court, W.D. Arkansas · 1978