WOODS

v.

SKEEN, WARDEN

Citator

Cited By

• Baker v. F & F Inv., 420 F.2d 1191 (7th Cir. 1970)
  …t Premature. Where a complaint reveals that some claims are barred from recovery by limitations, they may be disposed of on a motion to dismiss. Kincheloe v. Farmer, 214 F. 2d 604, 605, 75 S.Ct. 306, 99 L.Ed. 721 (7th Cir. 1954), certiorari denied, 348 U.S. 920; Anderson v. Linton, 178 F. 2d 304, 309-310 (7th Cir. 1949). In many instances insufficient facts are contained in the complaint to afford an adequate basis for determining this issue. In the present case, however, despite allegations of conspiracy…
• Wilburn v. Pepsi-Cola Bottling Co. OF ST. Louis, 492 F.2d 1288 (8th Cir. 1974)
  …and the action for further proceedings. Although the inclusion of dates in the complaint showing the action to be untimely renders the complaint subject to dismissal upon motion, see Kincheloe v. Farmer, 214 F. 2d 604 (7th Cir. 1954), cert. denied, 348 U.S. 920, 75 S.Ct. 306, 99 L.Ed. 721 (1955); see generally 5 Wright and Miller, Federal Practice and Procedure §§ 1226, 1357 (1969), as we have already mentioned, plaintiff sought relief from the court’s ruling by submitting a proposed amended complaint. The…