Legal Opinion

Osborn v. Emporium Videos

Wyoming Supreme Court

Decided March 11, 1993No. 92-141PublishedCited by 36 opinions

1Opinion of the Court

URBIGKIT, Justice.

Challenging the propriety of the sua sponte dismissal of a complaint for failure to state a claim upon which relief can be granted, Richard B. Osborn (Osborn) appeals the district court’s order. We hold that the procedure used by the district court failed to provide adequate notice and opportunity to respond after the district court determined it would act on its own motion. We reverse and remand.

FACTS

Osborn filed his complaint in the District Court for the Seventh Judicial District, Na-trona County, Wyoming alleging fraud and unfair trade practices in the sale of an “adult…

2Cases cited31 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
  5. Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981

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3Cited by36 opinions

  1. Brown v. City of CasperWyoming Supreme Court · 2011
  2. People v. AndersonAppellate Court of Illinois · 2004
  3. Hamburg v. HeilbrunWyoming Supreme Court · 1995
  4. Feltner v. Casey Family ProgramWyoming Supreme Court · 1995
  5. TC & GC v. State (In re L-Mhb)Wyoming Supreme Court · 2018

31 more not listed; retrieve them via the Exa API.

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