Burns v. Spiller

D.C. Circuit

Burns v. Spiller

161 F.2d 377, 82 U.S. App. D.C. 91, 1947 U.S. App. LEXIS 2777

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 24, 1947

DocketNo. 9360

StatusPublished

Cited by5 cases

This text of 161 F.2d 377 (Burns v. Spiller) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Spiller, 161 F.2d 377, 82 U.S. App. D.C. 91, 1947 U.S. App. LEXIS 2777 (D.C. Cir. 1947).

Pincite

Opinion

PER CURIAM.

Rule 8(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, requires a complaint to contain “a short and plain statement of the claim showing that the pleader is entitled to relief * * The District Court rightly dismissed appellant’s complaint, since it contained neither a short and plain statement nor any statement which showed that he was entitled to relief. The complaint undertakes to describe several episodes. Though it characterizes appellees’ alleged conduct as wrongful, unlawful, and malicious, it does not sufficiently disclose the conduct to enable a court to judge whether or not it was tortious.

The complaint shows that appellant and appellees were army officers. It may be that an official privilege covers the whole case, but we have no occasion to decide that broad question.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Rule 8(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, requires a complaint to contain “a short and plain statement of the claim showing that the pleader is entitled to relief * * The District Court rightly dismissed appellant’s complaint, since it contained neither a short and plain statement nor any statement which showed that he was entitled to relief. The complaint undertakes to describe several episodes. Though it characterizes appellees’ alleged conduct as wrongful, unlawful, and malicious, it does not sufficiently disclose the conduct to enable a court to judge whether or not it was tortious.

The complaint shows that appellant and appellees were army officers. It may be that an official privilege covers the whole case, but we have no occasion to decide that broad question.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

161 F.2d 377, 82 U.S. App. D.C. 91, 1947 U.S. App. LEXIS 2777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-spiller-cadc-1947.

Opinion

Related

Cite This Page — Counsel Stack