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· 4/26/1989

Cayman Exploration Corporation, a Delaware Corporation v. United Gas Pipe Line Company, a Delaware Corporation

Citations

  • 873 F.2d 1357
  • 13 Fed. R. Serv. 3d 723
  • 105 Oil & Gas Rep. 521
  • 1989 U.S. App. LEXIS 5460
  • 1989 WL 39508

How courts have described this case

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

  • “We recognize that the policy of simplicity in pleadings which underlies the Federal Rules of Civil Procedure requires a court to read Rule 9(b
  • Rule 9(b) must be read in harmony with simplified notice pleading provisions of Rule 8
  • “Every circuit which has examined this issue has found that Rule 9(b) is applicable to RICO predicate acts based on fraud”
  • complaint did not allege horizontal price-fixing claim where plaintiff “did not identify the alleged conspirators, when or how they functioned or the nature and extent of [defendant’s] participation in the alleged conspiracy”
  • failure “to allege any facts which would support an inference that the alleged actions by [defendants] would be contrary to their economic interests absent an agreement” warranted dismissal of horizontal price-fixing claim
  • same; holding the district court did not abuse its discretion by disallowing further amendments

Source: CourtListener parenthetical corpus (CC0).

Judges: McKay, Moore, Ebel

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.