Legal Opinion
Bickel v. MacKie
District Court, N.D. Iowa
Decided April 4, 1978No. C 76-44PublishedCited by 60 opinions
1Opinion of the Court
ORDER
McMANUS, Chief Judge.
This matter is before the court on defendant Hibbits’ resisted motion for judgment on the pleadings filed November 18, 1977. In addition the court will treat defendant Mackie’s pro se answer, which raises legal issues identical to those in Hibbits’ motion, as a motion for judgment on the pleadings. Granted.
It is noted at the outset that in considering a motion for judgment on the pleadings all well-pleaded allegations in the non-moving party’s pleadings and the reasonable inferences drawn therefrom are taken as true while all contravening assertions by the movant are…
2Cases cited65 opinions
- Beal v. Missouri Pacific R. Corp.Supreme Court of the United States · 1941
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Southern Ohio Bank, Under the Will of Virgil A. Diperna, Deceased v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Sixth Circuit · 1973
- Burt v. . SmithNew York Court of Appeals · 1905
- Michael J. Von Brimer, Co-Executors of the Estate of Joseph W. Von Brimer, Deceased v. Whirlpool CorporationCourt of Appeals for the Ninth Circuit · 1976
60 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Ivan N. Schatz Joann B. Schatz v. Mark E. Rosenberg Mer Enterprises, Incorporated Stephen Jaeger Weinberg & GreenCourt of Appeals for the Fourth Circuit · 1991
- Friedman v. DozorcMichigan Supreme Court · 1981
- Roger Asay v. Hallmark Cards, Inc.Court of Appeals for the Eighth Circuit · 1979
- Oren Royal Oaks Venture v. Greenberg, Bernard, Weiss & Karma Inc.California Supreme Court · 1986
- Nelson v. MillerSupreme Court of Kansas · 1980
55 more not listed; retrieve them via the Exa API.