Legal Opinion
George O. Parker v. John J. McKeithen Governor of the State of Louisiana
Court of Appeals for the Fifth Circuit
Decided February 15, 1974No. 71-2499PublishedCited by 49 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
George O. Parker, the plaintiff below appeals from the entry of what was styled below as a summary judgment in favor of the appellees, McKeithen and others. Decision was withheld to await the result of other litigation and the appeal is now ripe for our decision. In our view, the order entered below amounted to a dismissal for failure to state a claim, an erroneous disposition. Since summary judgment is now a proper disposition, we vacate the original judgment below and remand for the entry of summary judgment upon new and independent grounds.
The suit by Parker was…
2Cases cited26 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Louisiana Ex Rel. Francis v. ResweberSupreme Court of the United States · 1947
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
21 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Donald L. Hays, Jr., and Michael C. Potter, Cross-Appellants v. Jefferson County, Kentucky, Wilbur Bilyeu and Russell McDaniel Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1982
- Sheely v. MRI Radiology Network, P.A.Court of Appeals for the Eleventh Circuit · 2007
- Pearl Spence, Individually and as Administratrix of the Estate of Jerome W. Spence, Deceased v. Henry D. StarasCourt of Appeals for the Seventh Circuit · 1974
- William Hardin Bogard, Jr. v. Thomas D. Cook, Former Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1978
- Leite v. City of Providence Ex Rel. McKiernanDistrict Court, D. Rhode Island · 1978
44 more not listed; retrieve them via the Exa API.