Legal Opinion
Voege v. Ackerman
District Court, S.D. New York
Decided August 22, 1973No. 70 Civ. 5776PublishedCited by 16 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
The motion by defendants General Host, Greyhound and Armour to dismiss the complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted; to dismiss under Rule 12(b)(1) for lack of federal jurisdiction over the subject matter; and, in the alternative, for summary judgment, is denied except as to the second derivative cause of action, which is dismissed. Plaintiffs’ motion for partial summary judgment as to liability is denied.
It is well established that a complaint should not be dismissed “unless it appears beyond doubt that…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Gustave Gerstle, (Cross-Appellants) v. Gamble-Skogmo, Inc., (Cross-Appellee)Court of Appeals for the Second Circuit · 1973
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Fed. Sec. L. Rep. P 93,903 Herman L. Zeller v. Bogue Electric Manufacturing CorporationCourt of Appeals for the Second Circuit · 1973
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sirota v. Solitron Devices, Inc.Court of Appeals for the Second Circuit · 1982
- Michael Susman v. Lincoln American Corp., Ann Flamm and Arnold Flamm v. Rudolph Eberstadt, Jr. And Microdot, Inc.Court of Appeals for the Seventh Circuit · 1978
- Fed. Sec. L. Rep. P 97,901 Louis Osofsky v. George C. Zipf, Rose Udoff v. Babcock & Wilcox CompanyCourt of Appeals for the Second Circuit · 1981
- Berger v. General United Group, Inc.Supreme Court of Iowa · 1978
- Rich v. Touche Ross & Co.District Court, S.D. New York · 1976
11 more not listed; retrieve them via the Exa API.