Legal Opinion
Murray v. American Export Lines, Inc.
District Court, S.D. New York
Decided December 10, 1943PublishedCited by 14 opinions
1Opinion of the Court
LEIBELL, District Judge.
Defendant moves, with a supporting affidavit, for an order dismissing the complaint on the ground that it fails to state a claim upon which relief can be granted. Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. It is a “speaking motion”, akin to a speaking demurrer, but recognized as legitimate in Cohen v. American Window Glass Co., 2 Cir,, 126 F.2d 111, and Samara v. United States, 2 Cir., 129 F.2d 594. Counsel have agreed that the court may view the motion as one for summary judgment by the defendant under Rule 56(b), Federal Rules…
2Cases cited8 opinions
- Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Central Mexico Light & Power Co. v. MunchCourt of Appeals for the Second Circuit · 1940
- Samara v. United StatesCourt of Appeals for the Second Circuit · 1942
- Boro Hall Corporation v. General Motors CorporationCourt of Appeals for the Second Circuit · 1942
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hust v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1946
- Militano v. United StatesCourt of Appeals for the Second Circuit · 1946
- Reynolds Metals Co. v. Metals Disintegrating Co.District Court, D. New Jersey · 1948
- Cohen v. CahillCourt of Appeals for the Ninth Circuit · 1960
- Hust v. Moore-Mccormack Lines, Inc.Oregon Supreme Court · 1945
9 more not listed; retrieve them via the Exa API.