Legal Opinion

Westerhoff v. Slind (In re Westerhoff)

District Court, D. Minnesota

Decided October 6, 1981No. Bankruptcy No. 3-80-01639; Adv. No. 81-0085Published

1Opinion of the Court

JACOB DIM, Bankruptcy Judge.

A motion to dismiss was filed by the defendants just prior to trial. The defendants assert that the complaint which seeks contribution from the defendants fails to state a claim for which relief can be granted.

The motion of the defendants would be untimely in normal circumstances. Rule 12(c) requires that such a motion be made “within such time as not to delay the trial”. The court entertains this motion only because the issue involved was previously raised in pretrial conferences and the court requested legal briefs on the issue. Judicial economy requires the…

2Cases cited6 opinions

Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, and Third-Party v. City of Fond Du Lac, Third-PartyCourt of Appeals for the Third Circuit · 1961
Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
Merrimac Mining Co. v. GrossSupreme Court of Minnesota · 1943
Dixon v. Northwestern National Bank of MinneapolisDistrict Court, D. Minnesota · 1967
Miller v. American National BankSupreme Court of Minnesota · 1943

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