Legal Opinion
Shinabarger v. Jatoi
District Court, D. South Dakota
Decided November 21, 1974No. CIV73-5052PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
BOGUE, District Judge.
The above matter has come before this Court pursuant to defendant’s motion to dismiss the plaintiff’s complaint for failure to state a claim upon which relief can be granted. A hearing was held on this question on August 19, 1974. During the hearing held on the motion both parties agreed that the motion to dismiss should be handled as a motion for summary judgment. Since it is necessary for the Court to consider the deposition of the plaintiff in deciding the motion, the motion will be treated as one for summary judgment, pursuant to Rule 56 of the…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bull v. United StatesSupreme Court of the United States · 1935
- Ayers v. MorganSupreme Court of Pennsylvania · 1959
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Wilkinson v. HarringtonSupreme Court of Rhode Island · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Peterson, Ex Rel. Peterson v. BurnsSouth Dakota Supreme Court · 2001
- Alberts v. GiebinkSouth Dakota Supreme Court · 1980
- L.R. Foy Construction Co. v. South Dakota State Cement Plant CommissionSouth Dakota Supreme Court · 1987
- Hoffman v. JohnsonSouth Dakota Supreme Court · 1985
3 more not listed; retrieve them via the Exa API.