# Arthur Quiller, Lillie Mae Quiller, and All Other Persons Similarly Situated v. Barclays American/credit, Inc.

> Court of Appeals for the Eleventh Circuit · May 22, 1984 · 727 F.2d 1067

URL: https://www.frixlaw.com/law-library/cases/9471791

## Case

- **Full name:** Arthur QUILLER, Lillie Mae Quiller, and All Other Persons Similarly Situated, Plaintiffs-Appellants, v. BARCLAYS AMERICAN/CREDIT, INC., Defendant-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** May 22, 1984
- **Citations:** 727 F.2d 1067; 1984 U.S. App. LEXIS 22285
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** , Godbold, Kravitch, Roney
- **Cited by:** 148 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471791

## How later opinions describe it (automated extraction)

- stating that the decision to dismiss on Rule 12(b)(6) must be made on the *854 basis of the allegations made on the face of the complaint
- stating that the decision to dismiss on Rule 12(b)(6) must be made on the basis of the allegations made on the face of the complaint
- recognizing that the affirmative defense of federal preemption can be the basis of a Rule 12(b)(6) motion
- recognizing that issue of preemption can be the basis of a Rule 12(b)(6) motion

## Opinion text

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before GODBOLD, Chief Judge, RO-NEY, TJOFLAT, HILL, FAY, ■ VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
*1073 BY THE COURT:
A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en bane briefs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471791. Public record. Not legal advice.