Legal Opinion
Fernando R. GUTIERREZ, Plaintiff-Appellant, v. EL PASO COMMUNITY ACTION PROGRAM (Project Bravo, Inc.), Defendant-Appellee
Court of Appeals for the Fifth Circuit
Decided March 28, 1972No. 71-2269PublishedCited by 10 opinions
1Per curiam
The District Court dismissed this case for failure to state a claim of discriminatory discharge under the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e, which is alleged in the complaint to give the Federal court jurisdiction.
An opportunity to amend should have been accorded, so dismissal with prejudice was unwarranted. Whether plaintiff can state a claim under this statute, we do not determine or even faintly intimate.
The fact that the Judge considered affidavits from both sides does not save the order of dismissal with prejudice. Under Rule 12(b) such affidavits at best might bring into…
2Cases cited1 opinion
- Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
3Cited by10 opinions
- Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- Moses Davis, Jr., for Themselves Individually and as Members and Representatives of a Class of Other Persons Similarly Situated v. James HowardCourt of Appeals for the Fifth Circuit · 1977
- Nadeau v. StateSupreme Judicial Court of Maine · 1978
- Underwood v. HunterCourt of Appeals for the Fifth Circuit · 1979
- Jack R. Hanson v. Polk County Land, Inc.Court of Appeals for the Fifth Circuit · 1979
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