Legal Opinion
Granite Construction Co. v. Allis-Chalmers Corp.
District Court, D. Nevada
Decided July 8, 1986No. CV-R-85-542-ECRPublishedCited by 3 opinions
1Opinion of the Court
ORDER
EDWARD C. REED, Chief Justice.
Defendant Allis-Chalmers Corporation (A-C) moves this Court to dismiss the complaint in this case pursuant to Fed.R.Civ.P. 12(b)(6). A-C also requests a hearing and oral argument. 1 In conjunction with this motion and upon request of both parties, the Court will take judicial notice of pertinent documents filed in the prior state court proceeding dealing with this action. Granite also attached to its opposition other material which failed to conform with Fed. R.Civ.P. 12(b)(6) or 56. The Court did not consider this material in deciding this motion. However,…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Allen v. McCurrySupreme Court of the United States · 1980
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
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3Cited by3 opinions
- Southeast Resource Recovery Facility Authority City of Long Beach v. Montenay International Corporation Montenay Pacific Power Corporation, Third-Party-Defendants-Appellants v. Dravo Corporation, Defendant-Third-Party-Plaintiff-AppelleeCourt of Appeals for the Third Circuit · 1992
- Southeast Resource Recovery Facility Authority v. Dravo Corp.Court of Appeals for the Ninth Circuit · 1992
- United States v. PlainbullDistrict Court, D. Montana · 1990