Legal Opinion
Cyrus R. Ware v. Associated Milk Producers, Inc.
Court of Appeals for the Fifth Circuit
Decided March 24, 1980No. 78-2516PublishedCited by 75 opinions
1Per curiam
The plaintiff, Cyrus Ware, appeals from the dismissal of his antitrust suit. For the reasons set forth, we reverse.
Summary Judgment or Rule 12(b)(6) Dismissal ?
The first issue is whether this was a dismissal for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), or a summary judgment for the defendant. On July 5, 1977, the defendant, Associated Milk Producers, Inc., filed a Motion to Dismiss or for Summary Judgment or, in the Alternative, for a More Definite Statement and Protective Order. The defendant’s Motion to Dismiss for failure to state a claim,…
2Cases cited7 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- The Poster Exchange, Inc. v. National Screen Service Corporation, Columbia Pictures Corp.Court of Appeals for the Fifth Circuit · 1975
- Martin Edgar Tuley v. Louis Heyd, Jr., Criminal Sheriff, Orleans ParishCourt of Appeals for the Fifth Circuit · 1973
- S & S Logging Co. v. BarkerCourt of Appeals for the Ninth Circuit · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. PatyCourt of Appeals for the Fifth Circuit · 1993
- Bryant v. Avado Brands, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
- Kulwicki v. DawsonCourt of Appeals for the Third Circuit · 1992
70 more not listed; retrieve them via the Exa API.