Legal Opinion

Bailey v. McCann

Court of Appeals for the Fifth Circuit

Decided April 14, 1977No. 76-1747PublishedCited by 7 opinions

1Opinion of the Court

RONEY, Circuit Judge:

The issue in this case is whether the denial by the United States Trotting Association of a Harness Trainer-Driver’s License to plaintiff was sufficient “state action” to satisfy a § 1983 claim. We affirm the district court’s summary judgment that the Association “is not a person acting under color of state law within the meaning of 42 U.S.C. § 1983, and no action will lie against [it] under the statute.”

Seeking relief against both a state official and the United States Trotting Association, plaintiff appealed from a summary judgment entered in favor of only one…

2Cases cited10 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Shelley v. KraemerSupreme Court of the United States · 1948
  3. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  4. Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
  5. Reitman v. MulkeySupreme Court of the United States · 1967

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3Cited by7 opinions

  1. Carol H. Willis v. University Health Services, Inc., Dba University HospitalCourt of Appeals for the Eleventh Circuit · 1993
  2. Environmental Defense Fund, Inc. v. AlexanderCourt of Appeals for the Fifth Circuit · 1980
  3. Thomas J. Sims v. Jefferson Downs, Inc.Court of Appeals for the Fifth Circuit · 1980
  4. Environmental Defense Fund, Inc., Committee for Leaving the Environment of America Natural, Glenn H. Clemmer, G. Randall Grace, and F. Glenn Liming v. Clifford R. Alexander, Secretary, Dept. Of the Army, the United States Army Corps of Engineers, Dept. Of the Army, and Major General John Morris, Chief of Engineers, Dept. Of the Army, Tombigbee River Valley Water Management District, Tennessee-Tombigbee Waterway Development Authority, State of Alabama and Tombigbee Valley Development Authority, Intervening Defendants- Louisville and Nashville Railroad v. Clifford R. Alexander, Secretary, Dept. Of the Army, the United States Army Corps of Engineers, Dept. Of the Army, and Major General John Morris, Chief of Engineers, Dept. Of the Army, Tombigbee River Valley Water Management District, Tennessee-Tombigbee Waterway Development Authority, State of Alabama, and Tombigbee Valley Development Authority, Intervening DefendantsCourt of Appeals for the Fifth Circuit · 1980
  5. Willis v. University Health Services, Inc.District Court, S.D. Georgia · 1992

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