Legal Opinion
Ray v. W.S. Dickey Clay Manufacturing Co.
District Court, D. Kansas
Decided April 19, 1984No. Civ. A. 77-2200, 77-2201, 77-2251, 77-2252, and 79-2230PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
O’CONNOR, Chief Judge.
This matter is presently before the court on the motion of defendant United Steelworkers of America, AFL-CIO (“Steelworkers”), to dismiss, pursuant to Fed.R. Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. The court has had the benefit of briefs submitted by the parties, and is now prepared to rule.
When considering a motion to dismiss, the court must take all of the factual allegations of the complaint as true, and must indulge all reasonable inferences in favor of the complainant. Mitchell v. x King, 537 F.2d 385 (10th…
2Cases cited19 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
- Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
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3Cited by4 opinions
- Anspach v. Tomkins Industries, Inc.District Court, D. Kansas · 1993
- Anderson v. United Auto WorkersDistrict Court, D. Kansas · 1990
- Chappell v. International Brotherhood Electrical Workers Local Union 772District Court, D. South Carolina · 2015
- Eisenberg v. Trans World Airlines, Inc.District Court, S.D. Florida · 1987