· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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