John Anthony Esposito v. John H. Klinger

Ninth Circuit

John Anthony Esposito v. John H. Klinger

381 F.2d 13, 1967 U.S. App. LEXIS 5606

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 17, 1967

Docket21491

StatusPublished

This text of 381 F.2d 13 (John Anthony Esposito v. John H. Klinger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John Anthony Esposito v. John H. Klinger, 381 F.2d 13, 1967 U.S. App. LEXIS 5606 (9th Cir. 1967).

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Opinion

PER CURIAM.

The final order of the district court of July 25, 1966, is affirmed insofar as it dismisses the complaint and the action as to the State of California. Also, this court agrees that Esposito was not entitled to a summary judgment.

However, this court is of the opinion that it is possible that the appellant (plaintiff) might be able to state a cause of action against the individual defendants if permitted to amend. Therefore, the district court should vacate its final order of July 25, 1966, insofar as necessary to permit Esposito to file an amended complaint.

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PER CURIAM.

The final order of the district court of July 25, 1966, is affirmed insofar as it dismisses the complaint and the action as to the State of California. Also, this court agrees that Esposito was not entitled to a summary judgment.

However, this court is of the opinion that it is possible that the appellant (plaintiff) might be able to state a cause of action against the individual defendants if permitted to amend. Therefore, the district court should vacate its final order of July 25, 1966, insofar as necessary to permit Esposito to file an amended complaint.

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Bluebook (online)

381 F.2d 13, 1967 U.S. App. LEXIS 5606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-anthony-esposito-v-john-h-klinger-ca9-1967.