· 6/30/1993
Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered Agent
Citations
- 998 F.2d 1192
- 16 Employee Benefits Cas. (BNA) 2601
- 26 Fed. R. Serv. 3d 173
- 1993 U.S. App. LEXIS 15947
- 1993 WL 230182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that consideration of an attached purchase and sale agreement was proper; the complaint was based on the contract and described some of its terms
- holding that, when reviewing amotion to dismiss, courts consider “allegations contained in the complaint, exhibits attached to the complaint and matters of public record”
- recognizing that for an antitrust conspiracy, “defendants need not share the same motive. Rather, all that is required is that they each have a motive to conspire”
- holding that courts may consider extrinsic documents at the motion to dismiss stage, including “exhibits attached to the complaint”
- holding that \a court may consider an undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the document\
- holding that “a document is not a public record for purposes of a motion to dismiss solely because it might be subject to disclosure under FOIA”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cowen, Roth, Rosenn
Read full opinion on CourtListenerSourced 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.