Legal Opinion
State Ex Rel. Certain-Teed Products Corp. v. United Pacific Insurance
Superior Court of Delaware
Decided June 27, 1978PublishedCited by 1 opinion
1Opinion of the Court
O’HARA, Judge.
The use-plaintiff, Certain-Teed Products Corporation (“Certain-Teed”), has filed a complaint against United Pacific Insurance Company (“United Pacific”), the surety on a performance and payment bond. In lieu of an answer, United Pacific has moved for dismissal pursuant to Superior Court Civil Rule 12(b)(6) on the ground that the complaint fails to state a claim upon which relief can be granted. For purposes of a motion under Rule 12(b)(6) all of the allegations in the complaint must be accepted as true. Plant v. Catalytic Construction Company, Del.Super., 287 A.2d 682 (1972),…
2Cases cited7 opinions
- Wilmington Housing Authority v. Fidelity & Deposit Co. of MarylandSupreme Court of Delaware · 1946
- Plant v. Catalytic Construction CompanySuperior Court of Delaware · 1972
- Board of Public Education v. Aetna Casualty & Surety Co.Superior Court of Delaware · 1930
- LOCAL UNION 199, LABORERS'INT. U. OF NO. AM. v. PlantSupreme Court of Delaware · 1972
- State Ex Rel. Christopher v. Planet Insurance Co.Superior Court of Delaware · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rodgers v. Erickson Air-Crane Co.Superior Court of Delaware · 1999