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· 4/2/1985

Tele-Communications of Key West, Inc. v. United States of America

Citations

  • 757 F.2d 1330
  • 244 U.S. App. D.C. 335
  • 1 Fed. R. Serv. 3d 960
  • 1985 U.S. App. LEXIS 28530

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that before converting a motion to dismiss to a motion to summary judgment, the reviewing court “must assure itself that summary judgment would be fair to both parties”
  • requiring court to “assure itself that summary judgment treatment would be fair to both parties” before converting motion to dismiss to motion for summary judgment
  • requiring court to “assure itself that summary judgment treatment would be fair to both parties” before converting motion to dismiss to motion for summary judgment
  • “Consideration of external materials . . . cannot properly take place under a dismissal for failure to state a claim.”
  • “[T]he reviewing court must assure itself that summary judgment treatment would be fair to both parties in that the procedural requirements of the applicable rules were observed.”
  • \[T]he reviewing court must assure itself that summary judgment treatment would be fair to both parties in that the procedural requirements of the applicable rules were observed.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Mikva, MacKinnon

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.