Brannan v. Sohio Petroleum Co.

RIZLEY, District Judge.

In the initial proceedings of this case in the trial court, Judge Eugene Rice sustained the defendant’s motion to dismiss the plaintiff’s complaint on the grounds that the complaint failed to state facts upon which relief could be granted. Upon appeal to the Court of Appeals the dismissal was first affirmed but on rehearing the decision was vacated and the ease remanded.1 In its original opinion, the Court of Appeals predicated its decision on the case of Rees v. Briscoe2 which opinion never became final. In its final opinion the Court of Appeals predicated its decision…