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· 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 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.