Legal Opinion
Narragansett Tribe of Indians v. Southern Rhode Island Land Development Corp.
District Court, D. Rhode Island
Decided July 16, 1976No. Civ. A. 750006, 750005PublishedCited by 79 opinions
1Opinion of the Court
OPINION
PETTINE, Chief Judge.
Plaintiff in these consolidated actions has filed a motion to strike certain defenses raised by all or some of the defendants as insufficient as a matter of law, pursuant to Rule 12(f), Fed.R.Civ.P. Both the standards for determining this motion and the sufficiency of the challenged defenses are at issue and have been fully briefed.
I
It is not enough merely to echo the oft-repeated statement that courts should treat motions to strike with disfavor and be slow to grant them. See 5 Wright & Miller, Federal Practice ■ and Procedure: Civil § 1380 at 783; 2A Moore,…
2Cases cited54 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
- Bell v. HoodSupreme Court of the United States · 1946
- Morton v. MancariSupreme Court of the United States · 1974
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
49 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Klamath Tribe Claims Committee v. United StatesUnited States Court of Federal Claims · 2011
- United States v. Marisol, Inc.District Court, M.D. Pennsylvania · 1989
- Frank B. James v. James G. WattCourt of Appeals for the First Circuit · 1983
- Navajo Tribe of Indians v. State of New MexicoCourt of Appeals for the Tenth Circuit · 1987
- Oneida Indian Nation of New York, Cross v. State of New York, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oswego, Oneida, Onondaga, St. Lawrence and Tioga, Individually and as Class Representatives, Cross-Appellants. Oneida Indian Nation of Wisconsin and Oneida of the Thames Band, Plaintiffs- Cross-Appellees v. State of New York, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence and Tioga, New York, and Valentine Ryan, New York Electric & Gas Corp., St. Regis Paper Co., and Georgia Pacific Corp., Individually and as Class Representatives, Cross-AppellantsCourt of Appeals for the Second Circuit · 1982
74 more not listed; retrieve them via the Exa API.