Legal Opinion
Ballmer v. Babbitt
District Court, S.D. West Virginia
Decided May 28, 1996No. Civil Action No. 2:96-0010Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is the Defendants’ Motion to Dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The parties have submitted their respective memoranda and the matter is mature for the Court’s consideration.
In considering a motion to dismiss, the Court should accept as true all well-pleaded allegations and should view the complaint in a light most favorable to the plaintiff. See, e.g., De Sole v. United States, 947 F.2d 1169, 1171 (4th Cir.1991) (considering a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6)); Mylan Laboratories,…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Mylan Laboratories, Inc. v. MatkariCourt of Appeals for the Fourth Circuit · 1993
- Domenico De Sole v. United States of America, Chesapeake Bay Yacht Racing Association, United States Yacht Racing Union, Incorporated, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1991
- United States v. Tri-No Enterprises, Inc.Court of Appeals for the Seventh Circuit · 1987
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