Legal Opinion
Dan M. Zernial v. United States of America
Court of Appeals for the Fifth Circuit
Decided September 12, 1983No. 83-2146PublishedCited by 81 opinions
1Per curiam
The plaintiff, Dan M. Zernial, seeks reversal of the district court’s dismissal of his complaint for failure to state a claim on which relief could be granted. We affirm the judgment of the district court, albeit in part on other grounds.
I. FACTUAL AND PROCEDURAL BACKGROUND.
Since the district court dismissed the complaint for failure to state a claim, we look only to the well-pleaded factual allegations of the complaint, and take them as true. Dike v. School Board, 650 F.2d 783, 784 (5th Cir.1981). The statement of the facts of this case is thus drawn solely from the complaint, including…
2Cases cited16 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Bell v. HoodSupreme Court of the United States · 1946
- Enochs v. Williams Packing & Navigation Co.Supreme Court of the United States · 1962
- Phillips v. CommissionerSupreme Court of the United States · 1931
- Kush v. RutledgeSupreme Court of the United States · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Hindes v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1998
- 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
- Enplanar, Inc. v. MarshCourt of Appeals for the Fifth Circuit · 1994
- Mike Gustin v. United States of America, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1989
- Michael G. Holdiness v. A.M. Stroud, Jr.Court of Appeals for the Fifth Circuit · 1987
76 more not listed; retrieve them via the Exa API.