Legal Opinion
Norman Millet v. Godchaux Sugars, Inc.
Court of Appeals for the Fifth Circuit
Decided February 8, 1957No. 16221_1PublishedCited by 63 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
A principle, repeated with remarkable frequency in the plainest terms of direct simplicity, and carrying with it a compelling sense of emphasis, has again been misread, misunderstood, or misapplied, requiring ag*ain its republication. For the District Court, indicating no basis for departure from the rule, 1 “ * * * that a motion to dismiss for failure to state a claim should not be granted unless 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 * * Des Isles v.…
2Cases cited18 opinions
- Hemphill v. Tremont Lumber Co.Supreme Court of Louisiana · 1946
- Des Isles v. EvansCourt of Appeals for the Fifth Circuit · 1952
- Lala v. American Sugar Refining Co.Louisiana Court of Appeal · 1949
- Cannella v. Gulf Refining Co.Louisiana Court of Appeal · 1934
- Custer v. Higgins IndustriesLouisiana Court of Appeal · 1946
13 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Myers v. StateMississippi Supreme Court · 1991
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
58 more not listed; retrieve them via the Exa API.