Legal Opinion
Jones v. McKesson & Robbins, Inc.
District Court, D. North Dakota
Decided February 1, 1965No. Civ. No. 3994PublishedCited by 1 opinion
1Opinion of the Court
RONALD N. DAVIES, District Judge.
The Defendant has moved the Court to dismiss this action or, in the alternative, for judgment on the pleadings. The motion to dismiss was purportedly made under Rule 12(b), Fed.R.Civ.P., but since it was made subsequent to the filing of an answer to the amended complaint, the motion must be treated as one for judgment on the pleadings, Rule 12(c), Fed.R.Civ.P., and the entire motion would ordinarily be so treated; but where, as here, matters outside the pleadings are presented, the motion must be considered and disposed of as one for summary judgment, Rule 56,…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- Ramsouer v. Midland Valley R. Co.Court of Appeals for the Eighth Circuit · 1943
- Joseph A. Weiss v. Emerich HunnaCourt of Appeals for the Second Circuit · 1963
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3Cited by1 opinion
- Adamson v. May Co.Ohio Court of Appeals · 1982