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· 5/17/1982

Avco Corporation v. Precision Air Parts, Inc.

Citations

  • 676 F.2d 494
  • 216 U.S.P.Q. (BNA) 1086
  • 1982 U.S. App. LEXIS 19218

How courts have described this case

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

  • holding that a defendant may raise a limitation defense in a motion to dismiss for failure to state a claim “when the complaint shows on its face that the limitation period has run.”
  • stating that statute of limitations defect can be raised in motion for summary judgment where failure to comply with statute of limitations does not appear on face of complaint
  • stating that statute of limitations defect can be raised in motion for summary judgment where failure to comply with statute of limitations does not appear on face of complaint
  • applying a similarly worded statute-of-limitations provision, from a statute that was repealed and replaced by § 6-2-38(l
  • party may seek dismissal based on statute-of-limitations defense pursuant to Rule 12(b)(6)
  • party may seek dismissal based on statute-of-limitations defense pursuant to Rule 12(b)(6)

Source: CourtListener parenthetical corpus (CC0).

Judges: Roney, Fay, Edenfield

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.