Legal Opinion

Madalyn Murray O'Hair v. Thomas O. Paine

Court of Appeals for the Fifth Circuit

Decided September 22, 1970No. 66PublishedCited by 1 opinion

1Per curiam

Mrs. O’Hair and others appeal from the District Court’s dismissal of her complaint for failure to state a claim upon which relief can be granted. 1 We affirm.

Having reviewed the record and construing the complaint in the light most favorable to Mrs. O’Hair, we concur in the District Court’s finding: she has stated no claim which would entitle her to relief. See Conley v. Gibson, 1957, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80; Delaware Valley Conservation Ass’n v. Resor, 3 Cir. 1968, 392 F.2d 331, 335-336, cert denied, 393 U.S. 915, 89 S.Ct. 239, 21 L.Ed.2d 200; Pauling v. McElroy, 1960,…

2Cases cited8 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  4. Barlow v. CollinsSupreme Court of the United States · 1970
  5. Zorach v. ClausonSupreme Court of the United States · 1952

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3Cited by1 opinion

  1. Madalyn Murray O'Hair v. Thomas O. PaineCourt of Appeals for the Fifth Circuit · 1970

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