Legal Opinion
Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc.
District Court, E.D. Michigan
Decided May 1, 1987No. 4:85-cv-40448PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
NEWBLATT, District Judge.
Before the Court is counterdefendants’ Motion to Dismiss counterplaintiff’s counterclaim pursuant to Rule 12(b)(6), Fed.R. Civ.P. In bringing a Rule 12 motion, the moving party has the burden of demonstrating that no claim has been stated. All factual allegations of the complaint must be assumed to be true, and all reasonable inferences are made in favor of the non-movant. Miree v. Dekalb Co., 433 U.S. 25, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977). “After thus construing the complaint, the Court should deny a motion to dismiss for failure to…
2Cases cited28 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- American Council Of Certified Podiatric Physicians And Surgeons v. American Board Of Podiatric Surgery, Inc.Court of Appeals for the Sixth Circuit · 1999
- Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc.Court of Appeals for the Sixth Circuit · 1988
- American Council of Certified Podiatric Physicians & Surgeons v. American Board of Podiatric Surgery, Inc.Court of Appeals for the Sixth Circuit · 1999
- Manufacturers Supply Co. v. Minnesota Mining & Manufacturing Co.District Court, W.D. Michigan · 1988
- Aurora Cable Communications, Inc. v. Jones Intercable, Inc.District Court, W.D. Michigan · 1989
1 more not listed; retrieve them via the Exa API.