Skip to main content
· 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 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.