· 11/25/1997
Gff Corporation, an Oklahoma Corporation v. Associated Wholesale Grocers, Inc., a Missouri Corporation
Citations
- 130 F.3d 1381
- 1997 Colo. J. C.A.R. 2980
- 1997 U.S. App. LEXIS 33492
- 1997 WL 730690
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts need not accept plaintiff’s allegations as true if they conflict with a properly considered document
- recognizing that if a document is referenced in and central to a complaint, a court need not convert the motion but may consider that document on a motion to dismiss
- explaining that while the court must generally accept all well-pleaded factual allegations as true, the court need not accept factual allegations belied by documents properly considered under Rule 12(b)(6)
- deciding on review of 12(b)(6) order that “[m]ere legal conclusions and factual allegations that contradict such a properly considered document are not well-pleaded facts that the court must accept as true”
- stating that court may consider materials referenced in and central to the complaint in the context of a Rule 12(b)(6) motion which incorporated arguments that had been made in a Rule 12(c) motion
- finding that even if a plaintiff does not attach such a document to its complaint, “a defendant may submit an indisputably authentic copy to the court to be considered on a motion to dismiss.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brorby, McWilliams, Kelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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