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20 Jun 2022, 3:11 am by Andrew Lavoott Bluestone
A motion to dismiss a complaint based on documentary evidence “may be appropriately granted only where the documentary evidence utterly refutes [the] plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Goshen v Mutual Life Ins. [read post]
9 May 2007, 4:33 am
Mar. 01, 2007):As a preliminary matter, we must decide whether the district court stayed the proceedings pursuant to the court's inherent powers or abstained under Colorado River Water Conservation District v. [read post]