Legal Opinion
Gonzales v. Garner Food Services, Inc.
District Court, N.D. Georgia
Decided March 17, 1994No. 1:93-cv-01639PublishedCited by 11 opinions
1Opinion of the Court
ORDER
FORRESTER, District Judge.
This matter is before the court on Defendants Garner Food Services, Inc., and Garner Fast Foods, Inc.’s motion to dismiss. 1 Plaintiff Augustus Gonzales, as administrator of the estate of Timothy Bourgeois, filed suit on July 20, 1993, alleging violations of the Employment Retirement Income Security Act (ERISA) and the Americans with Disabilities Act (ADA).
When reviewing a motion to dismiss, a court must take the material allegations of the complaint and its incorporated exhibits as true and liberally construe them in favor of the plaintiff. Fed.R.Civ.P.…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- Beavers v. American Cast Iron Pipe Co.Court of Appeals for the Eleventh Circuit · 1992
- Richard Owens, Aaron Durall Beavers, of the Estate of Richard Owens, Deceased v. Storehouse, Inc., and Klais and Company, Inc.Court of Appeals for the Eleventh Circuit · 1993
- Mable Y. BURNAM, Plaintiff-Appellant, v. AMOCO CONTAINER COMPANY, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miller v. CBC Companies, Inc.District Court, D. New Hampshire · 1995
- Hargett v. Valley Federal Savings BankCourt of Appeals for the Eleventh Circuit · 1995
- Hoepfl v. BarlowDistrict Court, E.D. Virginia · 1995
- Morton v. GTE North Inc.District Court, N.D. Texas · 1996
- Aikens v. Banana Republic, Inc.District Court, S.D. Texas · 1995
6 more not listed; retrieve them via the Exa API.