Bing v. General Motors Acceptance Corporation

HEMPHILL, Chief Judge.

Action for damages arising out of an alleged unlawful repossession of personal property by the defendant.

Defendant moves to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure contending the complaint fails to state a claim against the defendant upon which relief can be granted. Defendant also moves for summary judgment dismissing the action on the ground that no genuine issue arises as to any material fact and that, therefore, defendant is entitled to a judgment as a matter of law.

A motion to dismiss under Rule 12(b) performs substantially the same…