Legal Opinion

Foley v. Alabama State Bar

District Court, N.D. Alabama

Decided November 21, 1979No. Civ. A. 79-M-5092 NEPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

McFADDEN, Chief Judge.

This cause came before the court on June 27, 1979, on plaintiffs’ motion for a preliminary injunction, and defendants’ motion to dismiss. The court denied the motion for a preliminary injunction and reserved ruling on the motion to dismiss. Since the court during the course of the preliminary injunction hearing necessarily heard matters outside the pleadings, the court by order of July 31, 1979, has directed that the motion to dismiss be treated as a motion for summary judgment.

The duty of a district court in passing on a motion for summary judgment is…

2Cases cited14 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  4. Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
  5. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977

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3Cited by2 opinions

  1. Matter of Discipline of AppertSupreme Court of Minnesota · 1981
  2. McFarland v. FolsomDistrict Court, M.D. Alabama · 1994

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