Legal Opinion
Barton v. City of Eustis, Fla.
District Court, M.D. Florida
Decided July 13, 1976No. 76-25-Civ-OcPublishedCited by 12 opinions
1Opinion of the Court
ORDER
CHARLES R. SCOTT, District Judge.
The Court has before it several motions by defendants, which were argued at the outset of the hearing on plaintiffs’ motion for a preliminary injunction. The Court will deal with the various motions individually, construing some of them alternatively on behalf of defendants. The standard which must be met in order to grant a motion to dismiss for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), is clear: only if, after viewing the allegations of the complaint as true, it is certain that there is no conceivable set of facts…
2Cases cited30 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Perry v. SindermannSupreme Court of the United States · 1972
- Monroe v. PapeSupreme Court of the United States · 1961
- Elrod v. BurnsSupreme Court of the United States · 1976
25 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ramey v. HarberCourt of Appeals for the Fourth Circuit · 1978
- Gary Murphy, Cross-Appellee v. City of Flagler Beach, and Daniel H. Bennett, Cross-Appellants. Gary Murphy v. Flagler Beach, Etc.Court of Appeals for the Eleventh Circuit · 1985
- Omega Homes, Inc. v. Citicorp Acceptance Co.District Court, W.D. Virginia · 1987
- Poirier v. HodgesDistrict Court, M.D. Florida · 1978
- Tanner v. McCallDistrict Court, M.D. Florida · 1977
7 more not listed; retrieve them via the Exa API.