Edward J. Brennan, Jr. v. James A. Rhodes, Governor

Defendants-appellees have filed a motion pursuant to Rule 8(b), Rules of the United States Court of Appeals for the Sixth Circuit, seeking affirmance of the judgment of the District Court. The District Court dismissed plaintiff’s complaint on the ground that it failed to state a claim upon which relief can be granted.

A dismissal for failure to state a claim upon which relief can be granted is a judgment on the merits. Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939 (1946). Although we affirm the judgment of the District Court we deem it unnecessary to reach the merits of this case.

Plain…