Legal Opinion
Wyatt v. Cole
District Court, S.D. Mississippi
Decided April 13, 1989No. Civ. A. J87-0421(B)PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARBOUR, District Judge.
The Court has before it various motions to dismiss and for summary judgment submitted by the Plaintiff and Defendants. The Court reads the pending motions to dismiss as motions for summary judgment pursuant to Federal Rule of Civil Procedure 12(b). The defenses and claims presented are each intertwined with the claim of the Plaintiff for a declaration that the replevin with bond statute of the State of Mississippi is unconstitutional. The Court has heard argument on the motions, reviewed the extensive pleadings, memo-randa, affidavits and…
2Cases cited4 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance CorporationCourt of Appeals for the Fifth Circuit · 1972
3Cited by18 opinions
- Wyatt v. ColeSupreme Court of the United States · 1992
- Howard L. Wyatt v. Bill Cole, John Robbins, IICourt of Appeals for the Fifth Circuit · 1993
- Foust v. McNeillCourt of Appeals for the Fifth Circuit · 2002
- Bender v. North Meridian Mobile Home ParkMississippi Supreme Court · 1994
- Howard L. Wyatt, Plaintiff-Appellant-Cross-Appellee v. Bill Cole, and Lloyd S. Jones, Wiley Magee & Mike Moore, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
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