Legal Opinion
GTE Data Services, Inc. v. Electronic Data Systems Corp.
District Court, M.D. Florida
Decided August 3, 1989No. 87-384-CIV-T-17(C)PublishedCited by 1 opinion
1Opinion of the Court
ORDER ON MOTION TO DISMISS
KOVACHEVICH, District Judge.
This cause is before the Court on Defendant’s motion to dismiss, filed March 27, 1989, and response thereto, filed May 8, 1989.
A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can prove no set of facts that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957). A trial court, in ruling on a motion to dismiss, is required to view the complaint in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 94…
2Cases cited15 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
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3Cited by1 opinion
- Golta, Inc. v. Greater Orlando Aviation AuthorityDistrict Court, M.D. Florida · 1991