Legal Opinion
Marvin Thomason v. Hospital T v. Rentals, Inc., a Corporation
Court of Appeals for the Eighth Circuit
Decided December 16, 1959No. 16300_1PublishedCited by 34 opinions
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal from an order of the District Court dismissing the amended complaint of the plaintiff (appellant) upon the ground that it failed to state a claim upon which relief could be granted.
The question for decision is whether it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. Lada v. Wilkie, 8 Cir., 250 F.2d 211, 212-213 and cases cited; Conley v. Gibson, 355 U.S. 41, 45-48, 78 S.Ct. 99, 2 L.Ed.2d 80.
The amended complaint alleged: That the action is based on 15…
2Cases cited4 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Publicity Building Realty Corporation v. HanneganCourt of Appeals for the Eighth Circuit · 1943
- Lada v. WilkieCourt of Appeals for the Eighth Circuit · 1957
3Cited by34 opinions
- Brian Dale Bramlet v. James A. WilsonCourt of Appeals for the Eighth Circuit · 1974
- Walker Distributing Company v. Lucky Lager Brewing CompanyCourt of Appeals for the Ninth Circuit · 1963
- Highland Supply Corporation v. Reynolds Metals Company, a CorporationCourt of Appeals for the Eighth Circuit · 1964
- Douglas L. Lewis v. Chrysler Motors CorporationCourt of Appeals for the Eighth Circuit · 1972
- Stifel, Nicolaus & Co. v. Dain, Kalman & Quail, Inc.Court of Appeals for the Eighth Circuit · 1978
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