Legal Opinion

Gregoire v. Biddle

Court of Appeals for the Second Circuit

Decided October 24, 1949No. 36, Docket 21401PublishedCited by 859 opinions

1Opinion of the Court

L. HAND, Chief Judge.

The plaintiff has appealed from a judgment, which dismissed a complaint in two counts because of its “failure to state a claim upon which relief can be granted”— Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. The first count alleged that the five defendants were two successive Attorneys-General of the United States, two successive Directors of the Enemy Alien Control Unit of the Department of Justice, and the District Director of Immigration at Ellis Island; and that they arrested the plaintiff on the pretence that he was a German and therefore an enemy…

2Cases cited14 opinions

  1. Bradley v. FisherSupreme Court of the United States · 1872
  2. Spalding v. VilasSupreme Court of the United States · 1896
  3. Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
  4. Standard Oil Co. v. City of LincolnSupreme Court of the United States · 1927
  5. Picking v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1945

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3Cited by859 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Crawford-El v. BrittonSupreme Court of the United States · 1998
  4. Briscoe v. LaHueSupreme Court of the United States · 1983
  5. Burns v. ReedSupreme Court of the United States · 1991

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