Legal Opinion

Rooster's Grill, Inc. v. Peoples Bank

District Court, S.D. Mississippi

Decided April 11, 2013No. Civil Action No. 3:12CV757TSL-JMRPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendant Peoples Bank to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs Rooster’s Grill, Inc., RK Foods, LLC, Reginald Kelly and Angela Kelly have responded to the motion and the court, having considered the memoranda of authorities submitted by the parties, concludes the motion is well taken and should be granted.

In 2010, Reginald Kelly and Rooster’s Grill, Inc. obtained a loan from Peoples Bank (the Bank) for the purpose of opening a restaurant in…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
  5. Reed L. Guthrie v. Tifco IndustriesCourt of Appeals for the Fifth Circuit · 1991

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