Legal Opinion
Kenneally v. Bayer
District Court, D. Maryland
Decided November 9, 1990No. Civ. A. No. R-90-1707PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
RAMSEY, District Judge.
Pending before the Court in the above-captioned case is defendant, Bayer’s, motion to dismiss, or in the alternative, for summary judgment. Pursuant to Local Rule 105, subd. 6 (D.Md), the Court will decide defendant’s motion without a hearing.
As a preliminary matter, the Court must decide whether to treat defendant’s motion as a motion to dismiss or a motion for summary judgment. Pursuant to Fed.R. Civ.P. 12(b), if as part of a motion to dismiss, a party presents matters outside the pleading that are not excluded by the Court, the motion shall be…
2Cases cited26 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Feres v. United StatesSupreme Court of the United States · 1950
- Barr v. MatteoSupreme Court of the United States · 1959
- Chappell v. WallaceSupreme Court of the United States · 1983
21 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Colon v. United StatesDistrict Court, D. Maryland · 2018
- Wade v. GillTennessee Supreme Court · 1994