Fisher v. Owens-Corning Fiberglass Corp.

WESLEY E. BROWN, Senior District Judge.

This is an appeal from an order granting the defendants’ motion to dismiss. The motion was granted on the grounds that a release signed by the plaintiff barred the plaintiff’s claim. The district court, applying Oklahoma law, rejected plaintiff’s argument that the release should be set aside due to a mutual mistake of fact. We affirm.

As an initial matter, plaintiff-appellant argues that it was improper for the district court to dismiss the claim under Rule 12(b)(6) Fed.R.Civ.P. Although the motion for dismissal was brought under Rule 12(b)(6), it is…