Legal Opinion
Arthur H. Richland Company v. Edward A. Harper and Rose B. Harper
Court of Appeals for the Fifth Circuit
Decided April 27, 1962No. 19125PublishedCited by 48 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This is another case proving that final disposition of a civil action on the basis of bare bones pleadings is a tortuous thing. How a standard so simply expressed, so often repeated, is apparently so often overlooked without even so much as a deferential mention of it is hard to understand. Although it seems now to be an affectation, we repeat it again, though citation of ease names as a shorthand symbol of the principle ought to be enough. We have phrased it and rephrased it in these terms. “ ‘ * * a motion to dismiss for failure to state a claim should not be…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Braniff v. Jackson Ave.-Gretna Ferry, Inc.Court of Appeals for the Fifth Circuit · 1960
- Norman Millet v. Godchaux Sugars, Inc.Court of Appeals for the Fifth Circuit · 1957
- Beverly Carss v. Outboard Marine CorporationCourt of Appeals for the Fifth Circuit · 1958
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967
- New Amsterdam Casualty Company, and Cross-Appellant v. Gladys N. Waller, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1963
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
- Gloria W. Walker v. South Central Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1990
43 more not listed; retrieve them via the Exa API.