Legal Opinion

Bill E. Davis v. United States

Court of Appeals for the Fifth Circuit

Decided October 29, 1991No. 90-2737PublishedCited by 73 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Plaintiff Bill E. Davis (“Davis”) appeals the district court’s dismissal of his claims, alleging that the district court incorrectly dismissed his claims for lack of subject matter jurisdiction. Davis also alleges error in the district court’s refusal to grant his motion to file a relation back amendment. Upon our review of the record, we affirm the dismissal of Davis’ action, but we vacate the final order of dismissal and remand to the district court for the entry of a judgment of dismissal without prejudice.

I

BACKGROUND

Davis executed and delivered a promissory…

2Cases cited12 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. William H. Addington v. Farmer's Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1981
  3. 39 Fair empl.prac.cas. 162, 38 Empl. Prac. Dec. P 35,583 Eligio Castro and Rafael Diaz Diaz v. United States of AmericaCourt of Appeals for the First Circuit · 1985
  4. Voisin's Oyster House, Inc. v. Jesse J. Guidry, Louisiana Department of Wildlife and Fisheries, and Louisiana Wildlife and Fisheries CommissionCourt of Appeals for the Fifth Circuit · 1986
  5. Delores Ross v. Houston Independent School DistrictCourt of Appeals for the Fifth Circuit · 1983

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3Cited by73 opinions

  1. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  2. Billy Wayne Horton v. Janie CockrellCourt of Appeals for the Fifth Circuit · 1996
  3. United States of America, Ex Rel. John Doe v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 2003
  4. Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United StatesCourt of Appeals for the Tenth Circuit · 1993
  5. Blanca Ruiz v. Meagan BrennanCourt of Appeals for the Fifth Circuit · 2017

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

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