Legal Opinion
Hauer v. Bankers Trust New York Corp.
District Court, E.D. Wisconsin
Decided December 11, 1974No. 74-C-146PublishedCited by 5 opinions
1Opinion of the Court
DECISION and ORDER
MYRON L. GORDON, District Judge.
The defendants have filed several motions, pursuant to Rules 12(b)(6), 12 (b)(7), 12(e), 19 and 23, Federal Rules of Civil Procedure, directed toward claimed defects in the plaintiff’s amended complaint. One of the defendants’ motions under Rule 12(b)(6) is grounded on the proposition that the plaintiff lacks the capacity or standing to assert any of the claims of the amended complaint. I conclude that such motion should be treated as a motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, and should be granted.…
2Cases cited7 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Hanna v. PlumerSupreme Court of the United States · 1965
- International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp.Supreme Court of the United States · 1966
- De Sylva v. BallentineSupreme Court of the United States · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cates v. International Telephone And Telegraph Corp.Court of Appeals for the Fifth Circuit · 1985
- Hauer v. Bankers Trust New York Corp.District Court, E.D. Wisconsin · 1981
- Delbon Radiology v. Turlock Diagnostic CenterDistrict Court, E.D. California · 1993
- Hauer v. Bankers Trust New York Corp.District Court, E.D. Wisconsin · 1977
- Cates v. International Telephone & Telegraph Corp.Court of Appeals for the Fifth Circuit · 1985