Legal Opinion
Borish v. Britamco Underwriters, Inc.
District Court, E.D. Pennsylvania
Decided November 18, 1994No. 2:94-cv-04272PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM
JOYNER, District Judge.
Before this Court today is Defendant’s Motion to Dismiss Plaintiffs’ Complaint for failure to state a claim upon which relief can be granted pxxrsuant to Rule 12(b)(6). In considering a 12(b)(6) motion, a court must primarily consider the allegations contained in the complaint, although matters of public record, orders, items appearing in the record of the case and exhibits attached to the complaint may also be taken into account. Chester County Intermediate Unit v. Pennsylvania Blue Shield, 896 F.2d 808, 812 (3d Cir. 1990).
In ruling upon such a motion, the…
2Cases cited13 opinions
- Tobye R. Markowitz, Individually and on Behalf of All Others Similarly Situated v. Northeast Land Company. Appeal of Tobye R. MarkowitzCourt of Appeals for the Third Circuit · 1990
- St. Paul Fire & Marine Insurance v. BarrySupreme Court of the United States · 1978
- Schrob v. CattersonCourt of Appeals for the Third Circuit · 1991
- Brakeman v. Potomac Insurance Co.Supreme Court of Pennsylvania · 1977
- Ransom v. MarrazzoCourt of Appeals for the Third Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lexington Insurance Company v. Western Pennsylvania HospitalCourt of Appeals for the Third Circuit · 2005
- City Of Erie, Pennsylvania v. Guaranty National Insurance CompanyCourt of Appeals for the Third Circuit · 1997
- Melrose Hotel Co. v. St. Paul Fire & Marine InsuranceDistrict Court, E.D. Pennsylvania · 2006
- Simon Wrecking Co., Inc. v. AIU Ins. Co.District Court, E.D. Pennsylvania · 2004
- Pizzini v. American International Specialty Lines InsuranceDistrict Court, E.D. Pennsylvania · 2002
5 more not listed; retrieve them via the Exa API.