IN RE APPLICATION OF MORGAN

Citator

Cited By (11 total)

• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro, 708 F.2d 967 (5th Cir. 1983)
  …. in such a way as to defeat or prejudice a litigant’s rights in state court, that would amount to a denial of equal protection of the laws by persons acting under color of state law.” Dinwiddie v. Brown, 230 F. 2d 465, 469 (5th Cir.), cert. denied, 351 U.S. 971, 76 S.Ct. 1041, 100 L.Ed. 1490 (1956). Conduct by state officers which results in delay in the prosecution of an action in state court may cause such prejudice. As we stated in Rheuark v. Shaw, 628 F. 2d 297 (5th Cir.1980), cert. denied, 450 U.S. 93…
• Hanna v. Home Ins. Co., 281 F.2d 298 (5th Cir. 1960)
  …Cir., 1950, 182 F. 2d 115. See also McGuire v. Todd, 5 Cir., 1952, 198 F. 2d 60, certiorari denied, 344 U.S. 835, 73 S.Ct. 44, 97 L.Ed. 650. Moreover, as this Court stated in Dinwiddie v. Brown, 5 Cir., 1956, 230 F. 2d 465, 469, certiorari denied, 351 U.S. 971, 76 S.Ct. 1041, 100 L.Ed. 1490: “Merely characterizing [defendants’] conduct as con [*304] spiratorial or unlawful does not set out allegations upon which relief can be granted. Snowden v. Hughes, 321 U.S. 1, 8, 64 S.Ct. 397, 88 L.Ed. 497; McGuire v…
• Richardson v. Rivers, 335 F.2d 996 (D.C. Cir. 1964)
  …eated as one for summary judgment. Fowler v. Curtis Publishing Co., 78 F.Supp. 303, 304 (D. D.C.1948), affirmed, 86 U.S.App.D.C. 349, 182 F. 2d 377 (1950). In the words of the court in Dinwiddie v. Brown, 230 F. 2d 465, 467 (5th Cir.), cert. denied, 351 U.S. 971, 76 S.Ct. 1041, 100 L.Ed. 1490 (1956): “It is clear that although the order of dismissal stated that it was granted on a motion to dismiss for failure to state a claim upon which relief could be granted, the district court’s failure to exclude affi…