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Rapps v. Jackson

U.S.
Mar 30, 1992
503 U.S. 960 (1992)

Summary

holding that although the court declined to consider a stock purchase agreement, offering memorandum and warrant on a Rule 12(b) motion to dismiss, it could have viewed them without converting that motion into one for summary judgment where the non-moving party had notice of these documents because they were either in their possession or they had used them in bringing the action

Summary of this case from Holland v. Cole National Corp.

Opinion

No. 91-1311.

March 30, 1992, OCTOBER TERM, 1991.


C.A. 8th Cir. Certiorari denied. Reported below: 947 F. 2d 332.


Summaries of

Rapps v. Jackson

U.S.
Mar 30, 1992
503 U.S. 960 (1992)

holding that although the court declined to consider a stock purchase agreement, offering memorandum and warrant on a Rule 12(b) motion to dismiss, it could have viewed them without converting that motion into one for summary judgment where the non-moving party had notice of these documents because they were either in their possession or they had used them in bringing the action

Summary of this case from Holland v. Cole National Corp.

finding that leave may be denied where amendment would be futile

Summary of this case from Stamatio v. Hurco Companies, Inc., (S.D.Ind. 1995)

noting that the court may also consider documents upon which the complaint relies and which are integral to the complaint

Summary of this case from Fedele v. Harris

noting that a court ruling on a Rule 12(b) motion may consider documents which are referred to in the Complaint and upon which [the plaintiff] relies in bringing the action, without converting it to a motion for summary judgment

Summary of this case from Westmoreland v. Prince George's County, Maryland

Noting that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated."

Summary of this case from Bath Petroleum Storage v. Market Hub Partners
Case details for

Rapps v. Jackson

Case Details

Full title:RAPPS, INDIVIDUALLY AND AS DIRECTOR OF THE MISSOURI DIVISION OF CHILD…

Court:U.S.

Date published: Mar 30, 1992

Citations

503 U.S. 960 (1992)

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In this case, because the Agreement was attached to Microtel's complaint, I may consider it in my resolution…

Bath Petroleum Storage v. Market Hub Partners

On a motion to dismiss pursuant to Rule 12(b)(6), the Court's "consideration is limited to the factual…