Legal Opinion
Hester v. Hidden Valley Lakes, Inc.
District Court, N.D. Mississippi
Decided October 21, 1975No. DC 74-41-SPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
This action is before the court on defendants’ motion to dismiss which has been submitted for decision on the pleadings, affidavits, and memoranda and argument of counsel.
The district courts are reluctant to sustain a motion to dismiss on the pleadings. This reluctance has. been created by the universal acceptance by the bench arid bar of the rule enunciated by the Supreme Court in Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) to the effect that “a complaint should not be dismissed for failure to state a claim unless it…
2Cases cited2 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Alford v. WhitselDistrict Court, N.D. Mississippi · 1971
3Cited by16 opinions
- Aldrich v. McCulloch Properties, Inc.Court of Appeals for the Tenth Circuit · 1980
- Robert Bomba and Annamarie P. Bomba v. W. L. Belvidere, Inc., a General Partner Doing Business as Candlewick Lakes Associates, a PartnershipCourt of Appeals for the Seventh Circuit · 1978
- Leo A. Lukenas and Geraldine R. Lukenas, Etc., on Behalf of Themselves and All Others Similarly Situated v. Bryce's Mountain Resort, Inc.Court of Appeals for the Fourth Circuit · 1976
- Cook v. Deltona Corp.Court of Appeals for the Eleventh Circuit · 1985
- Timmreck v. MunnDistrict Court, N.D. Illinois · 1977
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