· 6/18/1984
William R. Milburn and Richard v. Thompson v. The United States of America
Citations
- 734 F.2d 762
- 39 Fed. R. Serv. 2d 332
- 1984 U.S. App. LEXIS 21446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment
- stating a district court granting summary judgment under Rule 56 is not required to conduct an oral hearing
- \Consideration of matters beyond the complaint is improper in the context of a motion to dismiss....\
- “Consideration of matters beyond the complaint is improper in the context of a motion to dismiss but proper in the context of a motion for summary judgment.”
- “Consideration of matters beyond the complaint is improper in the context of a motion to dismiss[.]”
- “[T]he court converts a motion to dismiss into a motion for summary judgment by considering matters beyond the complaint.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fay, Anderson, Markey, Federal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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