Legal Opinion
Russell Curtis Simon v. City of Clute, Texas
Court of Appeals for the Fifth Circuit
Decided August 31, 1987No. 86-2853PublishedCited by 22 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
On the eve of trial, the district court dismissed this suit without hearing any evidence other than the testimony adduced on the plaintiffs’ motion for a preliminary injunction and without holding either that the plaintiffs had failed to state a claim for which relief could be granted or that the absence of genuinely disputed material facts warranted summary judgment. 646 F.Supp. 1280 (S.D.Tex.1986). Patently, therefore, we must reverse the dismissal and remand for proceedings that give the parties their day in court.
Six City of Clute, Texas police officers…
2Cases cited17 opinions
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Wolston v. Reader's Digest Assn., Inc.Supreme Court of the United States · 1979
- United States v. IndrelunasSupreme Court of the United States · 1973
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Conrad Noyola v. Texas Department of Human ResourcesCourt of Appeals for the Fifth Circuit · 1988
- Clifford Craig v. James A. Lynaugh, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1988
- Cook v. RenoCourt of Appeals for the Fifth Circuit · 1996
- In Re: Daimlerchrysler Corporation, Formerly Known as Chrysler Corporation Ford Motor Company General Motors CorporationCourt of Appeals for the Fifth Circuit · 2002
- Suburban Hospital, Inc. v. KirsonCourt of Appeals of Maryland · 2000
17 more not listed; retrieve them via the Exa API.