· 12/17/1996
Newman & Schwartz v. Asplundh Tree Expert Co., Inc.
Citations
- 102 F.3d 660
- 36 Fed. R. Serv. 3d 1348
- 1996 U.S. App. LEXIS 32981
- 1996 WL 722025
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that unjust enrichment claim was properly pleaded in alternative to breach of contract claim where one defendant disputed being a party to the contract
- noting that the Court may only consider allegations in the Complaint and documents incorporated therein in evaluating a motion to dismiss
- noting that in considering a motion to dismiss, a “district court must limit itself to facts stated in the complaint”
- finding that a claim for unjust enrichment was “properly pleaded as such in the alternative to the [breach of contract claim]”
- holding the district court improperly relied upon information outside of the four corners of [plaintiff's] complaint
- finding that law firm’s complaint alleging breach of contract stated a claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Cardamone, Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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