Legal Opinion
Fox Fuel v. Delaware County Schools Joint Purchasing Board
District Court, E.D. Pennsylvania
Decided June 8, 1994No. Civ. A. 94-1067PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
GILES, District Judge.
Defendants move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the Amended Complaint for failure to state a claim upon which relief can be granted. For the reasons stated below, the motions will be granted in part and denied in part.
I. STANDARD FOR A MOTION TO DISMISS
The purpose of a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) is to test the legal sufficiency of the complaint. Accordingly, all factual allegations made in the complaint are assumed to be true and all reasonable inferences that may be drawn from the complaint are viewed in the light most…
2Cases cited47 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Parratt v. TaylorSupreme Court of the United States · 1981
42 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brazil v. Janssen Research & Development LLCDistrict Court, N.D. Georgia · 2016
- Beye v. Horizon Blue Cross Blue Shield of NJDistrict Court, D. New Jersey · 2008
- Godfrey v. Upland BoroughDistrict Court, E.D. Pennsylvania · 2017
- Hope v. Fair Acres Geriatric CenterDistrict Court, E.D. Pennsylvania · 2016