Legal Opinion

James H. Thompson, Jr., Individually and D/B/A Rusty Thompson Mid Town Auto Service v. Allstate Insurance Company

Court of Appeals for the Fifth Circuit

Decided March 27, 1973No. 72-2062PublishedCited by 59 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

In appeals to this Court, judgments dismissing a complaint for failure to state a claim on which relief could be granted have a high mortality rate. They should — under federal rules of pleading. In this case the plaintiff, James H. Thompson, Jr., appeals from the district court’s decision dismissing his complaint for failure to state a claim on which relief could be granted under Alabama law. In his complaint, the plaintiff alleged facts showing that the defendant, Allstate Insurance Company, had intentionally interfered with his business for the purpose of causing…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
  3. Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967
  4. Sparks v. McCrearySupreme Court of Alabama · 1908
  5. Mitchell v. AldrichSupreme Court of Vermont · 1960

13 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Norman v. Apache Corp.Court of Appeals for the Fifth Circuit · 1994
  2. Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
  3. Fed. Sec. L. Rep. P 94,926 Associated Builders, Inc. v. Alabama Power CompantCourt of Appeals for the Fifth Circuit · 1974
  4. Saunders v. Superior CourtCalifornia Court of Appeal · 1994
  5. R.A.G.S. Couture, Inc. v. Mary M. Hyatt and Oren M. WelborneCourt of Appeals for the Fifth Circuit · 1985

54 more not listed; retrieve them via the Exa API.

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