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	IOWA: RULING ON CERTAIN DEFENDANTS' MOTION TO DISMISS (8/26/97)
		A motion to dismiss is a disfavored motion in Iowa.
		Dismissal is appropriate only if accepting all pleaded facts as true, and resolving ail ambiguities or doubts in the plaintiff's favor, the Court can conclude that no state of facts is conceivable under which the plaintiff may establish a right of recovery.
		Defendants seek dismissal of Count I of the Petition, claiming that the pleading fails to allege the necessary elements of reliance, damages and intent to deceive.
	stic.neu.edu /Ia/dec8-26.htm (3347 words)

	Minnesota Public Radio 's Motion to Dismiss Lawsuit
		Dismissal is appropriate where a party asserts a claim not recognized under applicable law, or a claim barred on legal grounds, or where the party has not alleged sufficient facts to establish all requisite elements of a claim.
		Dismissal is warranted where the plaintiff's allegations, considered as a whole, are conclusory and devoid of factual basis.
		The Court should dismiss claims at the first opportunity which by their nature subject a speaker to a chilling of First Amendment rights by the very process of answering, discovery, and judicial inquiry.(16) The State's fifth allegation should be dismissed.
	access.minnesota.publicradio.org /aboutMPR/docs/motiontodismiss.html (7321 words)

	Law 10 Chp. 4 Court Procedures Spring 2000
		Motion to dismiss by Devra Cuellar, 2002, Jun 03
		Motion to Dismiss by Julia Mungavin, 2002, Jun 15
		Motion to Dismiss by Simeneh A. Tesfaye, 2002, Dec 18
	hyper.vcsun.org /HyperNews/djordan/get/law10sp20chp4courtproc.html (2952 words)

	Dismiss
		If it is for dismissal, use the last lesson as an exit interview; invite the parent if it is a younger student--optional with an older one.
		If you are dismissing an older student and the parent is not there, give the student the paperwork and call the parent that evening to explain.
		Dismissing students is never easy and nearly always a painful experience for the student, the family, and you.
	www.serve.com /marbeth/dismiss.html (1167 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		This can be based on the complaint failing to allege a cause of action, on a motion for summary judgment, plaintiff's opening statement of what will be proved, or on some development in the evidence by either side which bars judgment for the plaintiff.
		The plaintiff may voluntarily dismiss a cause of action before or during trial if the case is settled, if it is not provable or trial strategy dictates getting rid of a weak claim.
		A defendant may be "dismissed" from a lawsuit, meaning the suit is dropped against that party.
	dictionary.law.com /definition2.asp?selected=538&bold=\|\|\|\| (169 words)

	OPINION AND ORDER OF COURT (Motion to Dismiss)(5/21/97)
		The remaining Defendants then filed a Motion to Dismiss pursuant to Maryland Rule 2-322(b) alleging, inter alia, that all of the common law, statutory, and equitable claims in the complaint fail to properly state a claim upon which relief may be granted.
		In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate.
		When moving to dismiss, a defendant is asserting that, even if the allegations of the complaint are true, the plaintiff is not entitled to relief as a matter of law.
	stic.neu.edu /Md/MD5-21-97.htm (7974 words)

	Brief In Opposition to District of DC's Motion to Dismiss
		In ruling on a motion to dismiss, courts must accept as true all material allegations of the complaint and construe the complaint in favor of the complaining party.
		The court denied defendant's motion to dismiss and stated that the complaint contained the requisite factual specificity that the town's actions in amending and enforcing its zoning ordinance discriminates against persons with disabilities "as to the terms and conditions of rental." Id.
		The District's Motion to Dismiss refers to a debate between itself and the Plaintiffs regarding the possibility of a typographical error in Clifton II.
	www.usdoj.gov /crt/housing/documents/amicus_sherman.htm (7415 words)

	HARRINGTON HOSPITAL'S MOTION TO DISMISS
		In the event that the court is not inclined to grant defendant's Motion to Dismiss, or in the alternative for Summary Judgment, the defendants seek and order, pursuant to Fed.R.Civ.P. rule 12(e), requiring plaintiff to provide a more definitive statement as to the nature and extent of plaintiff's claims against Harrington and Mr.
		Mangion should survive the defendant's motion to dismiss, the plaintiff must be required to set forth in a short and concise manner, her claims against defendants Harrington and Mr.
		Therefore, should the court be inclined to deny the defendants' motion to dismiss any of the claims of the plaintiff's complaint, it should order the plaintiff to provide a more definitive statement as to the nature of her claims against Harrington and Mr.
	graham.main.nc.us /~bhammel/INS/DOCS/motdis121798.html (5704 words)

	WM3.org - Chronology: Response to Motion to Dismiss Amended Petition for Writ of Habeas Corpus
		Petitioner DAMIEN WAYNE ECHOLS hereby responds as follows to Respondent Norris's Motion to Dismiss Petition for Writ of Habeas Corpus for Non-Exhaustion ("Motion to Dismiss"), filed with this Court on March 2, 2005.
		In light of that circumstance, petitioner has asked that the amended petition be stayed and held in abeyance until the state court disposes of the claim.
		Respondent Norris, in turn, has moved for dismissal on the grounds that the Supreme Court and the Eighth Circuit do not permit use of the "stay and hold" procedure.
	www.wm3.org /live/trialshearings/chrono_detail.php?chrono_Id=146&page=1 (835 words)

	The Hindu Business Line : Let's discuss `dismiss'
		In Nepal, the monarch dismissed democracy; in Goa, dismissal came after a government scraped through a controversial confidence vote; in Iraq, Sunni clerics have dismissed Iraqi vote as lacking in legitimacy; and in New York, a lawyer is pressing for the dismissal of a bio-terrorism case that bizarrely involves bacteria obtained for artwork.
		Reporting Othello's instruction, Desdemona would tell her attendant, "He hath commanded me to go to bed, and bade me to dismiss you." That was evidently not a sack order, though we normally understand `dismiss' to mean remove from employment or office.
		Dismissals at a lower court are usually appealed against at a forum up in the judicial hierarchy; for instance, closer home, there are appeals before the High Court challenging the dismissal of bail pleas by a sessions court.
	www.thehindubusinessline.com /2005/02/04/stories/2005020400330900.htm (912 words)

	dismiss. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000. (Site not responding. Last check: 2007-10-09)
		To direct or allow to leave: dismissed troops after the inspection; dismissed the student after reprimanding him.
		To stop considering; rid one's mind of; dispel: dismissed all thoughts of running for office.
		To refuse to accept or recognize; reject: dismissed the claim as highly improbable.
	www.bartleby.com /61/68/D0276800.html (163 words)

	MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT
		When considering a motion to dismiss for lack of subject matter jurisdiction, the Plaintiff bears the burden of proving such jurisdiction; therefore such a motion differs from one for summary judgment under Rule 56 and one for failure to state a claim upon which relief can be granted under rule 12(b)(5).
		The difference is that in motion to dismiss for lack of subject matter jurisdiction, there is no presumption of the truth of the well plead allegations of fact in the complaint.
		In order to survive a motion to dismiss for lack of subject matter jurisdiction, and bring his claim within the waiver of governmental immunity in @ 24-10-106(1), the Plaintiff may not merely make allegations of tort claims within the waivers of immunity.
	www.concentric.net /~perezf/mtdasj.html (5867 words)

	TimesDispatch.com \| Dismiss suit, Infineon argues (Site not responding. Last check: 2007-10-09)
		Infineon Technologies AG argued for dismissal of Rambus Inc.'s patent-infringement lawsuit in Richmond federal court yesterday, alleging evidence destruction, perjury and other suit-related misconduct by Rambus.
		Desmarais said it is permissible for a company to throw away old, unneeded documents but not when they may be needed as evidence by the other side in an upcoming lawsuit.
		He argued that the case's dismissal is the only way to send a message to others not to engage in such conduct.
	www.timesdispatch.com /servlet/Satellite?pagename=RTD/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1031780652134 (531 words)

	American Civil Liberties Union : Manhattan District Attorney Agrees to Dismiss All Cases of People Arrested at ...
		NEW YORK--In response to a request from the New York Civil Liberties Union, the office of District Attorney Robert Morgenthau today announced it would dismiss the criminal prosecutions of 227 people arrested on August 31 at a Republican National Convention demonstration near the World Trade Center.
		At that time, the NYCLU reiterated its request that all the cases be dismissed, and the DA’s office stated it was giving the request serious consideration.
		Today’s announcement about the dismissal of the cases marks the culmination of this process.
	www.aclu.org /SafeandFree/SafeandFree.cfm?ID=16667&c=206 (366 words)

	Microsoft asks judge to dismiss 62 antitrust suits \| CNET News.com
		The plaintiffs in the private antitrust lawsuits hope to use testimony and documents from the government's antitrust case, as well as Jackson's findings of fact and "conclusions of law," as the bulk of evidence in their lawsuits, said Bob Lande, a University of Baltimore Law School professor.
		Microsoft has had great success getting judges to dismiss the cases, not on their merits but on a technicality: a 1977 U.S. Supreme Court ruling known as Illinois Brick.
		"This brief focuses on dismissing the majority of the 62 cases currently part of the MDL (multi-district litigation) process based on the Supreme Court precedent set in Illinois Brick," Microsoft spokesman Jim Cullinan said.
	news.com.com /2100-1001-244026.html?legacy=cnet (1146 words)

	USATODAY.com - Judge won't dismiss digital copyright suit (Site not responding. Last check: 2007-10-09)
		SAN FRANCISCO (Reuters) — A federal judge has denied a motion to dismiss a lawsuit filed against a Russian company accused of violating a controversial U.S. copyright law, saying that even though the activity transpired over the Internet, the United States still has jurisdiction.
		The judge previously denied a defense motion to dismiss conspiracy charges against ElcomSoft, but Burton said the judge will allow him to refile that motion after getting more information.
		On Monday, lawyers for both sides presented their arguments before the judge on two other, more significant motions to dismiss filed by the defense.
	www.usatoday.com /tech/news/2002/04/02/russian-programmer.htm (648 words)

	ABC News: Judge Won't Dismiss Abu Ghraib Charges (Site not responding. Last check: 2007-10-09)
		Judge Refuses to Dismiss Charges Against Abu Ghraib Defendant Spc.
		Harman of Lorton, Va., faces court-martial for her alleged involvement in abusing Iraqi detainees at the Abu Ghraib prison outside Baghdad.
		Her legal team tried to get the photograph-related counts dismissed, arguing that the prisoners were not harmed because they were wearing sandbags on their heads.
	abcnews.go.com /US/wireStory?id=559485&CMP=OTC-RSSFeeds0312 (418 words)

	HMH Motion to Dismiss 12/17/98 (Site not responding. Last check: 2007-10-09)
		THis is the Motion to Dismiss from my former employer.
		Dismiss or in the alternative for Summary Judgement, defendants
		Mangion, such claims should be dismissed for failure to plead with
	www.corporatecrimefighters.com /DOCS/hmh_motion_to_dismiss_12_17_98.html (5323 words)

	EFF: U.S. v. ElcomSoft & Sklyarov
		The hearing is open to the public, and the EFF would like to see a strong showing of support.
		United States' Opposition to Defendants Motions to Dismiss the Indictment on Constitutional Grounds, in US v.
		Amicus curiae brief, by the Electronic Frontier Foundation and several other organizations, in support of ElcomSoft motions to dismiss and seeking a judicial determination that the Digital Millenium Copyright Act (DMCA) is unconstitutional, in US v.
	www.eff.org /IP/DMCA/US_v_Elcomsoft (1943 words)

	dismiss - OneLook Dictionary Search
		Dismiss : Online Plain Text English Dictionary [home, info]
		Phrases that include dismiss: dismiss as insignificant, dismiss from the mind, dismiss motion to, motion to dismiss
		Words similar to dismiss: can, discount, dismissed, dismisses, dismissing, dismission, dismissive, dismissively, disregard, drop, fire, ignore, sack, terminate, axe, brush aside, brush off, force out, give notice, give the axe, more...
	www.onelook.com /cgi-bin/cgiwrap/bware/dofind.cgi?word=dismiss (234 words)

	The New York Times > International > Middle East > Legislators in Iran Dismiss Khatami Ally
		A simple majority is enough to dismiss a minister.
		Interior Minister Abdullah Nouri was dismissed in 1998 by a Parliament also dominated by hard-line politicians.
		Khorram of mismanagement leading to a 24 percent rise in road accidents and 43 percent increase in plane crashes.
	www.nytimes.com /2004/10/04/international/middleeast/04iran.html?ex=1254628800&en=e9d6820204b5f479&ei=5090&partner=rssuserland (416 words)

	Dismiss quotes & quotations
		When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.
		To dismiss it as a bunch of 'cowards' perpetuating 'senseless acts of violence' is complacent nonsense.
		We will not bother to denounce it, we'll dismiss it as a sad, bizarre chapter in human history whose last pages are even now being written.
	en.thinkexist.com /quotes/with/keyword/dismiss (399 words)

	Rule 12(B) Motion To Dismiss Form
		Motion To Dismiss, Presenting Defenses Of Failure To State A Claim, Of Lack Of Service Of Process, Of Improper Venue, And Of Lack Of Jurisdiction Under Rule 12(B) The defendant moves the court as follows: 1.
		To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
		To dismiss the action on the ground that the court lacks jurisdiction because the amount actually in controversy is less than ten thousand dollars exclusive of interest and costs.
	www.lectlaw.com /forms/f146.htm (259 words)

	Bertelsmann Seeking To Dismiss Suits Over Napster
		July 18, 2003, 11:00 AM ET Todd Martens, L.A. Bertelsmann yesterday (July 17) filed a motion to dismiss three copyright-infringement lawsuits filed against it over its relationship with Napster, Billboard Bulletin reports.
		In the suits, Universal Music Group, EMI and a group of music publishers allege that Bertelsmann's $60 million loan to Napster in October 2000 contributed to the infringement of works over the file-sharing network.
		After officially leaving Reprise following its 2003 release "Everything to Everyone," the members of the Barenaked Ladies are finding the indie world to be filled with new opportunities for releasing music.
	www.billboard.com /bbcom/news/article_display.jsp?vnu_content_id=1937481 (356 words)

	Dismiss Christmas lawsuit, workers say (Site not responding. Last check: 2007-10-09)
		If Judge Dlott refuses to dismiss the case, they want to have a voice in the proceedings.
		The motions to dismiss and intervene came from Jeffrey Niemer and Patty Hempstead, both deputy U.S. marshals in Cincinnati, and Anne Dolan, an Army civilian employee in Virginia.
		Ganulin's complaint should be dismissed because he has suffered no injury and therefore lacks standing to bring his suit.
	enquirer.com /editions/1998/11/04/loc_xmas04.html (238 words)

	DaimlerChrysler: Dismiss SCO suit \| CNET News.com
		DaimlerChrysler has asked a judge to dismiss the SCO Group's lawsuit against the company, one of several high-profile cases that have entangled Linux in SCO's intellectual-property claims over Unix.
		In a March lawsuit, SCO charged DaimlerChrysler with breaching the Unix contract between the two companies by refusing to certify compliance with the agreement.
		SCO's cases have sent shock waves through a computing industry increasingly enamored of Linux, a clone of the Unix operating system originally created by AT&T. SCO has threatened to sue Linux users that don't pay for SCO intellectual-property licenses.
	news.com.com /2100-7344_3-5202095.html (934 words)

	News: American Blinds Case: Motion to Dismiss Is Denied
		News: American Blinds Case: Motion to Dismiss Is Denied (John Battelle's Searchblog, 2005-03-31)
		Back in September of 2004 Google argued for a motion to dismiss the case American Blinds had brought against it on illegal use of trademark terms in the AdWords network.
		The court denied its motion to dismiss the case in August 2004,...
	www.webrankinfo.com /english/seo-news/topic-2951.htm (443 words)

	BBC SPORT \| Athletics \| Judge will not dismiss Balco case
		A US judge has rejected a request to dismiss charges against the main defendants in the Balco steroid case.
		Victor Conte, head of the Balco lab south of San Francisco, had asked the court to dismiss charges against him.
		He based his request on the grounds of "outrageous government conduct" and other violations.
	news.bbc.co.uk /sport1/hi/athletics/4131435.stm (341 words)

	Oracle Moves to Dismiss Suit as DOJ Rests Case
		SAN FRANCISCO–Oracle Corp. Thursday asked the court to summarily dismiss the Department of Justice's lawsuit on the grounds that the government had totally failed to prove its case that Oracle's bid to buy PeopleSoft Inc. would violate federal antitrust law.
		Oracle lead attorney Daniel Wall moved to dismiss the suit after the DOJ finally rested its case by presenting a video deposition by Orlando Ayala, Microsoft Corp.'s senior vice president of small and mid-market solutions and partner group.
		A dismissal motion is standard procedure for defendants in a lawsuit after the plaintiff rests its case.
	www.eweek.com /article2/0,1759,1617097,00.asp?kc=EWRSS03119TX1K0000594 (1141 words)

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