Legal Opinion
Joseph A. Orr, Jr., Individually, Etc. v. A. D. Thorpe, Robert R. Johnson
Court of Appeals for the Fifth Circuit
Decided June 10, 1970No. 27674PublishedCited by 38 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this section 1983 case, the district court dismissed the complaint for failure to state a claim upon which relief could be granted. 1 We send the case back to that court “for the normal process of development of the facts and the determination of the real merits of the case.”. Merlite Land, Sea & Sky, Inc. v. Palm Beach Investment Properties, Inc., 5 Cir., 1970, 426 F.2d 495.
Since the district court dismissed the complaint for failure to state a claim, for purposes of our review we construe the complaint liberally and take the allegations as admitted. Hargrave v.…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Monroe v. PapeSupreme Court of the United States · 1961
- McLaughlin v. TilendisCourt of Appeals for the Seventh Circuit · 1968
- Robert H. Hargrave v. Shellie McKinneyCourt of Appeals for the Fifth Circuit · 1969
- American Federation of State, County, and Municipal Employees, Afl-Cio v. WoodwardCourt of Appeals for the Eighth Circuit · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Robert P. Sindermann, for Himself and Others Similarly Situated v. Charles R. PerryCourt of Appeals for the Fifth Circuit · 1970
- Professional Ass'n of College Educators v. El Paso County Community College DistrictCourt of Appeals for the Fifth Circuit · 1984
33 more not listed; retrieve them via the Exa API.