Legal Opinion
Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. Weil
Court of Appeals for the Fifth Circuit
Decided September 28, 1971No. 71-1270PublishedCited by 124 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This heated controversy over air cooling the members of New Orleans’ Plimsoll Club proves again that a complaint above the Plimsoll line may not be dismissed for failure to state a claim. It reminds us of the need for periodic exercise, for over and over and over again —but apparently not often enough — this Court has stated, explained, reiterated, stressed, rephrased, and emphasized one simple, long-established, well-publicized rule of Federal practice: a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the…
2Cases cited32 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Day v. National US Radiator CorporationSupreme Court of Louisiana · 1961
27 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
- William E. Mann v. Adams Realty Company, Inc.Court of Appeals for the Fifth Circuit · 1977
- Andrew Sims v. C. L. Adams, IIICourt of Appeals for the Fifth Circuit · 1976
- Ralph Partridge and Betty Partridge v. Two Unknown Police Officers of the City of Houston, TexasCourt of Appeals for the Fifth Circuit · 1986
- Lillian Willene Miller and Bobby Joe Miller v. Fred Stanmore and Fred A. Frey, Warden, FciCourt of Appeals for the Fifth Circuit · 1981
119 more not listed; retrieve them via the Exa API.