Auster Oil & Gas, Inc. v. Matilda Gray Stream

JERRE S. WILLIAMS, Circuit Judge:

The district court dismissed the complaint of appellant Auster Oil & Gas Company as to appellees Matilda Gray Stream and M.G.S. of Lake Charles, Inc., on the ground that Auster had failed to state a claim against them under 42 U.S.C. § 1983. The court also denied Auster’s motion to amend its pleading to allege facts it discovered after the dismissal. We hold that Auster’s original complaint stated a section 1983 claim and that the district court should have allowed the amendment. We accordingly vacate the judgment and remand the ease for further proceedings.

I.…