Legal Opinion
Ledesma Ex Rel. Ledesma v. Dillard Department Stores, Inc.
District Court, N.D. Texas
Decided April 15, 1993No. Civ. A. 7-92-079-KPublishedCited by 14 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANT’S SECOND MOTION TO DISMISS
BELEW, District Judge.
Now before the Court is Defendant (“DIL-LARDS”) Second Motion to Dismiss Plaintiffs Complaint pursuant to Fed.R.Civ.P. 12(b)(6) filed March 3, 1993. After due consideration, the Court is of the opinion that DILLARDS’ motion should be GRANTED as to those remaining claims which were previously unaddressed due to allowing Plaintiff the opportunity to replead.
Legal Standard for Ruling on 12(b)(6) Motions
The test used to determine the sufficiency of the complaint was set out in the leading case of Conley v. Gibson, 355 U.S.…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Stephens v. StateCourt of Criminal Appeals of Texas · 1991
- Steve Rodgers v. Lincoln Towing Service, Inc.Court of Appeals for the Seventh Circuit · 1985
- Fed. Sec. L. Rep. P 94,926 Associated Builders, Inc. v. Alabama Power CompantCourt of Appeals for the Fifth Circuit · 1974
- William L. O'Brien v. Robert J. DigraziaCourt of Appeals for the First Circuit · 1976
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3Cited by14 opinions
- Boswell v. Honorable Governor of TexasDistrict Court, N.D. Texas · 2000
- 5-Star Management, Inc. v. RogersDistrict Court, E.D. New York · 1996
- Casanova v. City of BrookshireDistrict Court, S.D. Texas · 2000
- Parham v. Pepsico, Inc.District Court, E.D. North Carolina · 1995
- Constantine v. American Airlines Pension Benefit PlanDistrict Court, N.D. Texas · 2001
9 more not listed; retrieve them via the Exa API.