Legal Opinion

Browne v. United States

District Court, D. Vermont

Decided May 14, 1998No. Civ. 1:97CV349PublishedCited by 2 opinions

1Opinion of the Court

RULING ON MOTION FOR JUDGMENT ON THE PLEADINGS (paper 7)

MURTHA, Chief Judge.

Background

In relevant part, Fed.R.Civ.P. 12(c) provides: “After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.” “In evaluating a Rule 12(c) motion, the court must view the pleadings in the light most favorable to, and draw all reasonable inferences in favor of, the nonmoving party.” Madonna v. United States, 878 F.2d 62, 65 (2d Cir.1989). The Court also must accept all well-pleaded material factual allegations as admitted and may not dismiss…

2Cases cited10 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. City of Boerne v. FloresSupreme Court of the United States · 1997
  4. United States v. LeeSupreme Court of the United States · 1982
  5. Bowen v. RoySupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Thompson v. CommissionerUnited States Tax Court · 2013
  2. George Thompson v. CommissionerUnited States Tax Court · 2013

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