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· 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 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.