Legal Opinion
Timm v. Delong
District Court, D. Nebraska
Decided June 22, 1998No. 8:98CV43PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM and ORDER
SHANAHAN, District Judge.
Before the court are (1) filing no. 7, the “Rule 12 Motion,” filed by the defendant, Russell L. DeLong; and (2) filing no. 10, the “Motion to File Reply Brief in Support of Rule 12 Motion,” filed by the defendant, Russell L. DeLong. The parties have submitted briefs for consideration.
STANDARD OF REVIEW
Generally, when considering a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), the court must construe the complaint liberally and assume all factual allegations to be true. Whisman Through Whisman v. Rinehart, 119 F.3d 1303, 1308 (8th Cir.1997);…
2Cases cited74 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Allen v. McCurrySupreme Court of the United States · 1980
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- United States v. LopezSupreme Court of the United States · 1995
69 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Geovanni Hernandez-Montiel v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Culberson v. DoanDistrict Court, S.D. Ohio · 1999
- Baldwin v. TMPL Lexington LLCDistrict Court, S.D. New York · 2024
- Geovanni Hernandez-Montiel v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Santiago v. AlonsoDistrict Court, D. Puerto Rico · 2000