[DOWNLOAD] "Cook & Nichol Inc. v. Plimsoll Club" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Cook & Nichol Inc. v. Plimsoll Club
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 28, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This heated controversy over air cooling the members of New Orleans Plimsoll Club proves again that a complaint above the Plimsoll line may not be dismissed for failure to state a claim. It reminds us of the need for periodic exercise, for over and over and over again -- but apparently not often enough -- this Court has stated, explained, reiterated, stressed, rephrased, and emphasized one simple, long-established, well-publicized rule of Federal practice: a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would not be entitled to recover under any state of facts which could be proved in support of his claim. Webb v. Standard Oil Co., 5 Cir., 1969, 414 F.2d 320; Millet v. Godchaux Sugars, 5 Cir., 1957, 241 F.2d 264; Arthur H. Richland Co. v. Harper, 5 Cir., 1962, 302 F.2d 324; Barber v. Motor Vessel "Blue Cat", 5 Cir., 1967, 372 F.2d 626; Pred v. Board of Public Instruction of Dade County, Florida, 5 Cir., 1969, 415 F.2d 851 -- just to name five of the more than sixty cases which this Court alone has reversed since 1938 after a Trial Court had dismissed the complaint for failure to state a claim upon which relief could be granted. Still, with regularity, case after case comes before this Court where a complaint has been dismissed on "barebones pleadings" alone, and the casualty count continues to soar.

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