Legal Opinion
John A. Mitchell v. Bruce King, Governor of the State of New Mexico
Court of Appeals for the Tenth Circuit
Decided June 22, 1976No. 75-1412PublishedCited by 181 opinions
1Opinion of the Court
BARRETT, Circuit Judge.
John A. Mitchell (Mitchell) appeals from the Order of the District Court granting appellee’s Motion to Dismiss the Complaint and cause of action for failure to state a claim upon which relief can be granted.
When a complaint and action are dismissed for failure to state a claim upon which relief can be granted, it must appear beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Dewell v. Lawson, 489 F.2d 877 (10th Cir. 1974); Hudson v. Harris,…
2Cases cited34 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Baker v. CarrSupreme Court of the United States · 1962
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
29 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- Tal v. HoganCourt of Appeals for the Tenth Circuit · 2006
- Charles E. Egger v. Harlan C. PhillipsCourt of Appeals for the Seventh Circuit · 1983
- Wenz v. Memery CrystalCourt of Appeals for the Tenth Circuit · 1995
- Swanson v. BixlerCourt of Appeals for the Tenth Circuit · 1984
- Smith v. PlatiCourt of Appeals for the Tenth Circuit · 2001
176 more not listed; retrieve them via the Exa API.