Legal Opinion
Wagher v. Guy's Foods, Inc.
District Court, D. Kansas
Decided July 31, 1991No. 91-1015-CPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CROW, District Judge.
In its order dated May 9, 1991, 765 F.Supp. 667, this court converted the defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure into a motion for summary judgment pursuant to Rule 56 because both parties submitted evidentiary materials outside of the pleadings. Since plaintiff filed several affidavits and exhibits, the court allowed the following:
The record does not suggest that other evidence or facts exist that defendant could present to refute the plaintiff’s facts. Even so, the defendant will be given the…
2Cases cited29 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- MEYER, Joseph W., Appellant v. RIEGEL PRODUCTS CORPORATION and James River Corporation of VirginiaCourt of Appeals for the Third Circuit · 1983
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3Cited by7 opinions
- Stambaugh v. Kansas Department of CorrectionsDistrict Court, D. Kansas · 1994
- Holmes v. NBC/GEDistrict Court, S.D. New York · 1996
- Bass v. BairDistrict Court, District of Columbia · 2007
- Witt v. Roadway ExpressDistrict Court, D. Kansas · 1995
- Washington v. ForesmanDistrict Court, N.D. Indiana · 1993
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