Legal Opinion
Magellan International Corp. v. Salzgitter Handel GmbH
District Court, N.D. Illinois
Decided December 7, 1999No. 99 C 5153PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, Senior District Judge.
Salzgitter Handel GmbH (“Salzgitter”) has filed a motion pursuant to Fed. R.Civ.P. (“Rule”) 12(b)(6) (“Motion”), seeking to dismiss this action brought against it by Magellan International Corporation (“Magellan”). Because the allegations in Complaint Counts I and II state claims that are sufficient under Rule 8(a), Salzgit-ter’s Motion must be and is denied as to those claims. Count III, however, is deficient and is therefore dismissed without prejudice.
Facts
In considering a Rule 12(b)(6) motion to dismiss for failure to state a…
2Cases cited24 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Denton v. HernandezSupreme Court of the United States · 1992
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
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3Cited by28 opinions
- Learning Curve Toys, Inc. v. Playwood Toys, Inc.Court of Appeals for the Seventh Circuit · 2003
- Alpha School Bus Co., Inc. v. WagnerAppellate Court of Illinois · 2009
- Leggett & Platt, Incorporated v. Hickory Springs Manufacturing CompanyCourt of Appeals for the Federal Circuit · 2002
- Liebert Corp. v. MazurAppellate Court of Illinois · 2005
- Dingxi Longhai Dairy, Ltd. v. Becwood Technology Group L.L.C.Court of Appeals for the Eighth Circuit · 2011
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