Legal Opinion
Ledbetter v. Farmers Bank & Trust Co.
Court of Appeals for the Fourth Circuit
Decided April 11, 1944No. 5209PublishedCited by 24 opinions
1Opinion of the Court
DOBIE, Circuit Judge.
This is an appeal from an order of the United States District Court for the Middle District of North Carolina, granting a motion of defendants to dismiss a civil action on the ground that the complaint failed to state a valid claim, and, in turn, denying a motion of the plaintiffs for leave of court to file an amended complaint.
The motion to dismiss under the Federal Rules of Civil Procedure takes the place of the old demurrer, and in considering this motion, we must treat every properly pleaded allegation of fact in the complaint as true. Tahir Erk v. Glenn L. Martin…
2Cases cited17 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Tahir Erk v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1941
- R. H. Battle v. . S.W. DavisSupreme Court of North Carolina · 1872
- Warrener v. Federal Land Bank of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1936
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Alyeska Ski Corporation v. HoldsworthAlaska Supreme Court · 1967
- Crawford v. DiMiccoDistrict Court of Appeal of Florida · 1968
- West Virginia v. Fidelity & Casualty Co. of New YorkDistrict Court, S.D. West Virginia · 1967
- Canney v. City of ChelseaDistrict Court, D. Massachusetts · 1996
- Young v. Same.Court of Appeals for the Eighth Circuit · 1947
19 more not listed; retrieve them via the Exa API.