(DOWNLOAD) "Millet v. Godchaux Sugars Inc." by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Millet v. Godchaux Sugars Inc.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 08, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A principle, repeated with remarkable frequency in the plainest terms of direct simplicity, and carrying with it a compelling sense of emphasis, has again been misread, misunderstood, or misapplied, requiring again its republication. For the District Court, indicating no basis for departure from the rule, "* * * that a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim * * *," Des Isles v. Evans, 5 Cir., 200 F.2d 614, 615, dismissed Millets Complaint seeking Workmens Compensation under the Louisiana Statute by testing it as would a Louisiana Court on whether it (i.e., the pleaded words) stated a cause of action and not, as must a Federal Court, whether evidence might be presented on which, applying Louisiana substantive standards, a recovery might be had.
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