Legal Opinion

Bergen v. Rothschild

District Court, District of Columbia

Decided August 8, 1986No. Civ. A. 83-3616PublishedCited by 15 opinions

1Opinion of the Court

OPINION

JOHN GARRETT PENN, District Judge.

This matter is before the Court on the defendants’ motions to dismiss the amended complaint. 1 The defendants have filed separate but substantively similar motions. It is well established that a complaint should not be dismissed “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). All well-pled allegations in the plaintiff’s complaint must be accepted as true at this stage. Miree v. DeKalb…

2Cases cited58 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  3. United States v. TurketteSupreme Court of the United States · 1981
  4. Wood v. CarpenterSupreme Court of the United States · 1879
  5. Miree v. DeKalb CountySupreme Court of the United States · 1977

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3Cited by15 opinions

  1. Craighead v. E.F. Hutton & Co.Court of Appeals for the Sixth Circuit · 1990
  2. Johnson v. LONG BEACH MORTGAGE LOAN TRUST 2001-4District Court, District of Columbia · 2006
  3. Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639Court of Appeals for the D.C. Circuit · 1989
  4. Craighead v. Hutton & Company, Inc.Court of Appeals for the Sixth Circuit · 1990
  5. Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639Court of Appeals for the D.C. Circuit · 1988

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