Legal Opinion

Paul H. Barrett v. Independent Order of Foresters

Court of Appeals for the Fifth Circuit

Decided August 29, 1980No. 78-3602PublishedCited by 31 opinions

1Per curiam

This is a diversity action, prosecuted pro se, sounding in fraud and contract. The district court granted summary judgment against plaintiff-appellant, finding that no issue of material fact exists as to the contract claim and that as a matter of law appellant is not entitled to redress. The district judge also dismissed appellant’s fraud allegation for failure to state a claim. Those rulings and several other rulings of the district court are raised as error on appeal. We find no merit to these assignments of error and affirm.

In order for a fraud to be actionable, the representation relied…

2Cases cited4 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Ely v. Stratoflex, Inc.Court of Appeals of Georgia · 1974
  3. Cole v. CatesCourt of Appeals of Georgia · 1966
  4. Williams v. RubenSupreme Court of Georgia · 1960

3Cited by31 opinions

  1. Charles L. JORDAN, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1982
  2. Wimm v. Jack Eckerd Corp.Court of Appeals for the Fifth Circuit · 1993
  3. Littlefield v. City of AftonCourt of Appeals for the Eighth Circuit · 1986
  4. William Neal Moore v. Charles Balkcom, Warden, Arthur K. Bolton, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1983
  5. David D. Daly, M.D., ph.d. v. Charles C. Sprague, M.D.Court of Appeals for the Fifth Circuit · 1982

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