Crosby ex rel. Crosby v. Holsinger

ERVIN, Circuit Judge:

This case arose on appeal before any facts were found by the court below and even before the parties had engaged in much investigation of their own. The following sketch, then, is based on the pleadings, briefs and oral arguments and is intended only to outline the issues before the court, not to settle any factual disputes that may exist. The action was dismissed sua sponte by the district court at a hearing on a request for a preliminary injunction. In this procedural posture, the plaintiffs are entitled to the court’s most liberal reading of the allegations in their…