Legal Opinion
Barr v. District of Columbia
District Court, District of Columbia
Decided March 1, 1962No. Civ. A. No. 4119-61PublishedCited by 5 opinions
1Opinion of the Court
SIRICA, District Judge.
This matter is before the Court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. A hearing on the motion was held on February 16, 1962.
For the purpose of this motion the Court must accept as true every well pleaded material allegation of fact set forth in the complaint,1 but if it is obvious from the complaint that plaintiff could not prove facts supporting her claim which would entitle her to relief, then the complaint should be dismissed.2
Therefore,…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Capital Transit Company, a Corporation v. District of Columbia, a Municipal CorporationCourt of Appeals for the D.C. Circuit · 1955
- Stella Calomeris, Administratrix of the Estate of Harry Calomeris v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1955
- Eva C. Booth v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1956
- Ledbetter v. Farmers Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1944
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3Cited by5 opinions
- EARLY SETTLERS INSURANCE COMPANY v. SchweidDistrict of Columbia Court of Appeals · 1966
- Thomas v. JohnsonDistrict Court, District of Columbia · 1968
- Moloney v. City of ColumbusOhio Supreme Court · 1965
- Borden v. City of SalemOregon Supreme Court · 1968
- Borden v. City of SalemOregon Supreme Court · 1968