Legal Opinion
Payne v. United States
District Court, M.D. Florida
Decided October 8, 1998No. 98-436-CIV-T-17BPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
KOVACHEVICH, Chief Judge.
THIS CAUSE is before the Court on Defendants’, United States of America, Department of the Treasury, and United States Custom Services, Motion to Dismiss (Docket No. 9), filed July 24, 1998. Plaintiff filed a response, (Docket No. 11), on August 6,1998.
STANDARD OF REVIEW
A district court should not dismiss a complaint unless it appears, “beyond doubt that the plaintiff can prove no set of facts in *677support of his claim which would entitle him to relief.” See Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99,…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Rickman v. Precisionaire, Inc.District Court, M.D. Florida · 1995
- Executive 100, Inc. v. Martin CountyCourt of Appeals for the Eleventh Circuit · 1991
- Blumel v. MylanderDistrict Court, M.D. Florida · 1996
14 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Crowell v. Morgan Stanley Dean Witter Services, Co.District Court, S.D. Florida · 2000
- Jennis v. RoodDistrict Court, N.D. New York · 2007
- FOY V. WILSON, SECRETARY OF AIR FORCEDistrict Court, M.D. Georgia · 2019