Legal Opinion
Baker v. Dale
District Court, W.D. Missouri
Decided August 23, 1954No. Civ. 1006PublishedCited by 12 opinions
1Opinion of the Court
WHITTAKER, District Judge.
This matter is now before me upon the separate, but similar, motions of defendant, Dale, and of defendants, Flanigan, Phelps and King, under Rule 12(b) (6) and (7) of Federal Rules of Civil Procedure, Title 28 U.S.C., to dismiss, upon the grounds (a) that plaintiff’s first amended complaint fails to state a claim upon which relief can be granted, particularly because barred by Missouri statutes of limitation, and (b) failure to join indispensable parties.
Stated briefly, but sufficiently for present purposes, the first amended complaint alleges: that plaintiff’s…
2Cases cited16 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Stewart v. United StatesSupreme Court of the United States · 1855
- Franz v. BuderCourt of Appeals for the Eighth Circuit · 1926
- Redmond v. Commerce Trust Co.Court of Appeals for the Eighth Circuit · 1944
- Atwood v. National Bank of LimaCourt of Appeals for the Sixth Circuit · 1940
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Harold L. Warner v. First National Bank of MinneapolisCourt of Appeals for the First Circuit · 1956
- Parker v. PineMissouri Court of Appeals · 1981
- Lucile Hansen v. Peoples Bank of Bloomington as Trustee of the Trust of Olga J. Nydegger and A. W. AugspurgerCourt of Appeals for the Seventh Circuit · 1979
- Fred Kuchenig v. The California CompanyCourt of Appeals for the Fifth Circuit · 1965
7 more not listed; retrieve them via the Exa API.