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Second Circuit· 9/11/1991

Allen v. Westpoint-Pepperell, Inc.

Citations

  • 945 F.2d 40

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that consideration on a motion to dismiss is limited to facts on face of the complaint
  • citing, inter alia, Channel Master Corp. v. Aluminum Ltd. Sales, Inc., 4 N.Y.2d 403, 406-07, 176 N.Y.S.2d 259, 151 N.E.2d 833, 835 (1958)
  • the court may dismiss a claim on motion to dismiss only where it “appears beyond doubt” that the plaintiff can prove no facts that would entitle him to relief
  • “An action for recision must be initiated without unreasonable delay”
  • applying Rule 9(b) to rescission claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Mahoney, Miner

Read full opinion on CourtListener

Other cases named Allen v. Westpoint-Pepperell, Inc.

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