Legal Opinion
General Time Corp. v. Bulk Materials, Inc.
District Court, M.D. Georgia
Decided June 18, 1993No. Civ. 92-109-ATH(DF)PublishedCited by 11 opinions
1Opinion of the Court
FITZPATRICK, District Judge.
On March 29, 1993, this Court heard oral argument on Defendant Fleet Transport Company, Inc.’s (“Fleet”) motion to dismiss 1 under Federal Rule of Civil Procedure 12(b)(6) on the ground that the Plaintiffs have failed to state a claim upon which relief may be granted. A claim should not be dismissed under Rule 12(b)(6) unless it appears beyond doubt that the plaintiff can prove no set of facts entitling it to relief. Luckey v. Harris, 860 F.2d 1012, 1016 (11th Cir.1988). For the purposes of a motion to dismiss this Court must accept the allegations in the complaint…
2Cases cited11 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
- Horace Luckey, III v. Joe Frank Harris, GovernorCourt of Appeals for the Eleventh Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Akzo Coatings, Incorporated, and the O'Brien Corporation v. Aigner Corp.Court of Appeals for the Seventh Circuit · 1994
- Dravo Corporation v. Morton Zuber, Zuber Company, and Burlington Northern Railroad CompanyCourt of Appeals for the Eighth Circuit · 1994
- Doe v. Bishop of CharlestonSupreme Court of South Carolina · 2014
- Steinmetz v. Toyota Motor Credit Corp.District Court, E.D. New York · 1997
- Laidlaw Waste Systems, Inc. v. Mallinckrodt, Inc.District Court, E.D. Missouri · 1996
6 more not listed; retrieve them via the Exa API.