Legal Opinion
Hickey v. Arkla Industries, Inc.
Court of Appeals for the Fifth Circuit
Decided April 8, 1980No. 78-1879PublishedCited by 25 opinions
1Per curiam
In this case we confront the recurring issue of the adequacy of notice when a trial court converts a motion to dismiss for failure to state a claim into a motion for summary judgment by considering matters out*240side the pleadings.1 Once again, we hold that where the motion to dismiss is converted into a motion for summary judgment, the notice and hearing requirements of Federal Rules of Civil Procedure 12(b) and 56(c) must be followed.
This case was a suit brought by the plaintiff under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. In the case at bar the trial judge notified…
2Cases cited3 opinions
- Merritt-Chapman & Scott Corp. v. United StatesSupreme Court of the United States · 1967
- Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
- Underwood v. HunterCourt of Appeals for the Fifth Circuit · 1979
3Cited by25 opinions
- William R. Milburn and Richard v. Thompson v. The United States of AmericaCourt of Appeals for the Eleventh Circuit · 1984
- Juan Roberto OAXACA, Plaintiff-Appellant, v. Egger L. ROSCOE, Commissioner of Internal Revenue Service, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
- Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Capital Films Corporation v. Charles Fries Productions, Inc. And American Broadcasting CompanyCourt of Appeals for the Fifth Circuit · 1980
- Robert O. McDonnell v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
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