Legal Opinion
STATE OF LA., EX REL. GUSTE v. Fedders Corp.
District Court, M.D. Louisiana
Decided July 26, 1982No. Civ. A. 81-630-BPublishedCited by 2 opinions
1Opinion of the Court
POLOZOLA, District Judge.
This matter is before the Court on the motion of the defendants to dismiss this action under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The defendants, Fedders Corporation, Airtemp Corporation, and Climatrol Distributing Corporation (“Fedders”), move the Court to dismiss on the ground that the complaint against them fails to state a claim upon which relief can be granted. Because Fedders relies upon matters outside the pleadings, which have been considered by the Court, the Court must treat the motion as one for summary judgment as required by Rule 12(b).
Th…
2Cases cited11 opinions
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948
- Gour v. Daray Motor Co., Inc.Louisiana Court of Appeal · 1979
- United States v. American Society of Composers, Authors, and Publishers, Gary Zekley, Eddie BrandtCourt of Appeals for the Second Circuit · 1971
- Washington Osteopathic Medical Ass'n v. King County Medical Service Corp.Washington Supreme Court · 1970
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3Cited by2 opinions
- Kurtz v. Kimberly-Clark Corp.District Court, E.D. New York · 2017
- Good v. Altria Group, Inc.Court of Appeals for the First Circuit · 2007