Legal Opinion
Fayetteville Investors v. Commercial Builders, Incorporated American Casualty Company of Reading, Pennsylvania, Inc.
Court of Appeals for the Fourth Circuit
Decided July 11, 1991No. 90-2449PublishedCited by 607 opinions
1Opinion of the Court
WALTER E. HOFFMAN, Senior District Judge:
This action calls for consideration of the interplay of Rules 12(b)(6), 54, 56, 59 and 60 of the Federal Rules of Civil Procedure, and particularly the differing standards applied to motions under Rules 12(b)(6), 59 and 60. Appellant seeks review of the denial of a motion for reconsideration following the dismissal of its complaint for failure to state a claim. The complaint was dismissed when it was held to indicate that the cause of action was time-barred as to the surety. There was no “notice” conversion of the Rule 12(b)(6) motion into a motion for…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central PrisonCourt of Appeals for the Fourth Circuit · 1975
- Carter v. StantonSupreme Court of the United States · 1972
- Ronald G. Davis v. R. F. ZahradnickCourt of Appeals for the Fourth Circuit · 1979
- Dale v. HahnCourt of Appeals for the Second Circuit · 1971
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3Cited by607 opinions
- Gordon Goines v. Valley Community Services BoardCourt of Appeals for the Fourth Circuit · 2016
- Southern Walk at Broadlands Homeowner's Ass'n v. OpenBand at Broadlands, LLCCourt of Appeals for the Fourth Circuit · 2013
- American Canoe Ass'n v. Murphy Farms, Inc.Court of Appeals for the Fourth Circuit · 2003
- Rodriguez v. Tennessee Laborers Health & Welfare FundCourt of Appeals for the Sixth Circuit · 2004
- In Re Santa Fe Pacific Corp. Shareholder LitigationSupreme Court of Delaware · 1995
602 more not listed; retrieve them via the Exa API.