ARTHUR

v.

UNITED STATES

Citator

Cited By (11 total)

• Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594 (5th Cir. 1981)
  …the case. We think that that argument has no merit. Of course, the proposition that the amended complaint may supersede the original is valid. Wilson v. First Houston Investment Corp., 5 Cir. 1978, 566 F. 2d 1235, 1237-38, vacated on other grounds, 444 U.S. 959, 100 S.Ct. 442, 62 L.Ed.2d 371 (1979); 6 C. Wright & A. Miller, Federal Practice and Procedure § 1476 (1971). In this case, though, the amended complaint5 continues to state a claim based on tortious interference. The amendment only added allegation…
• Augusta Clark v. Tarrant Cnty., 798 F.2d 736 (5th Cir. 1986)
  …onstitution which had not previously been asserted. This amended complaint entirely superseded and took the place of the original complaint. Wilson v. First Houston Investment Corp., 566 F. 2d 1235, 1237-38 (5th Cir.1978), vacated on other grounds, 444 U.S. 959, 100 S.Ct. 442, 62 L.Ed.2d 371 (1979); 6 Wright & Miller, Federal Practice and Procedure § 1476. Subsequently, in response to this amended complaint — then the only complaint in the [*741] case — Adult Probation, in October 1982, filed its amended m…
• Varnes v. Local 91, 674 F.2d 1365 (11th Cir. 1982)
  …as not barred, by consenting to the dismissal and filing the amended complaint, from raising on appeal the correctness of the dismissal order, Wilson v. First Houston Investment Corp., 566 F. 2d 1235, 1238 (5th Cir. 1978), vacated on other grounds, 444 U.S. 959, 100 S.Ct. 442, 62 L.Ed.2d 371 (1979), nor should she be denied a trial on the merits because of an improper pleading that can be corrected by amendment, see McLain v. Real Estate Board, Inc., 444 U.S. 232, 100 S.Ct. 502, 62 L.Ed.2d 441 (1980); Conl…