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· 5/8/1990

Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal Corporation

Citations

  • 901 F.2d 1486
  • 1990 U.S. App. LEXIS 7427
  • 1990 WL 58122

How courts have described this case

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

  • stating that the Eighth Circuit reviews “12(c) motion[s] under the standard that governs 12(b)(6) motions”
  • noting that courts review a Rule 12(c) motion under the same standard that governs a Rule 12(b)(6) motion
  • analyzing a 12(c) motion to dismiss for failure to state a claim under the 12(b)(6) standard
  • noting the “distinction is purely formal” as courts review a Rule 12(c) motion for judgment on the pleadings under the same standard courts consider a Rule 12(b)(6) motion to dismiss
  • noting the “distinction is purely formal” as courts review a Rule 12(c) motion for judgment on the pleadings under the same standard courts consider a Rule 12(b)(6) motion to dismiss
  • construing the city’s Rule 12(b)(6) motion “as if it had been styled as a 12(c) motion” since “a Rule 12(b)(6) motion cannot be filed after an answer has been submitted”

Source: CourtListener parenthetical corpus (CC0).

Judges: McMillian, Gibson, Bowman

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.