Legal Opinion

Henry P. Earnest, Jesse Earnest, Jr., Anita Earnest McCohn and Ida Earnest v. Leo Lowentritt

Court of Appeals for the Fifth Circuit

Decided November 8, 1982No. 82-3103PublishedCited by 74 opinions

1Opinion of the Court

JERRE S. WILLIAMS, Circuit Judge.

Petitioners appeal from the judgment of the district court dismissing their civil right claims under 42 U.S.C. § 1983 and 42 U.S.C. § 1985(3) for failure to state a claim upon which relief can be granted. The court also dismissed their request for declaratory judgment pursuant to 28 U.S.C. § 2201 for lack of jurisdiction. Petitioners claim defendant violated their Fourteenth Amendment due process guarantees during the course of a procedurally defective Louisiana foreclosure action directed against their father’s and husband’s lands in 1940. On appeal, the…

2Cases cited16 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Stump v. SparkmanSupreme Court of the United States · 1978
  3. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  4. Griffin v. BreckenridgeSupreme Court of the United States · 1971
  5. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon PizarroCourt of Appeals for the First Circuit · 1995
  2. Okpalobi v. FosterCourt of Appeals for the Fifth Circuit · 2001
  3. D. Lanty McCartney III v. First City Bank, Collecting Bank, National Association (A Bank in Liquidation) and First City Asset Servicing CompanyCourt of Appeals for the First Circuit · 1992
  4. Hale v. HarneyCourt of Appeals for the Fifth Circuit · 1986
  5. Alaska Pacific Assurance Co. v. BrownAlaska Supreme Court · 1984

69 more not listed; retrieve them via the Exa API.

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