Richardson v. Board of Public Instruction of Palm Beach County, Fla.

Fifth Circuit

Richardson v. Board of Public Instruction of Palm Beach County, Fla.

188 F.2d 832, 1951 U.S. App. LEXIS 3112

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 1, 1951

Docket13452_1

StatusPublished

This text of 188 F.2d 832 (Richardson v. Board of Public Instruction of Palm Beach County, Fla.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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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Richardson v. Board of Public Instruction of Palm Beach County, Fla., 188 F.2d 832, 1951 U.S. App. LEXIS 3112 (5th Cir. 1951).

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Opinion

PER CURIAM.

We think that the District Court erred in dismissing appellants’ suit with prejudice; but that the error may be corrected and substantial justice done by modifying the judgment so as to provide that the dismissal be without prejudice, and that the cost of this appeal be paid by the Board, one of the appellees. It is, therefore, ordered that the judgment appealed from be modified so as to provide for the dismissal of appellants’ complaint without prejudice, and for the entire cost of this appeal to be taxed against the Board of Public Instruction of Palm Beach County, Florida. As so modified, the judgment is affirmed.

Affirmed.

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PER CURIAM.

We think that the District Court erred in dismissing appellants’ suit with prejudice; but that the error may be corrected and substantial justice done by modifying the judgment so as to provide that the dismissal be without prejudice, and that the cost of this appeal be paid by the Board, one of the appellees. It is, therefore, ordered that the judgment appealed from be modified so as to provide for the dismissal of appellants’ complaint without prejudice, and for the entire cost of this appeal to be taxed against the Board of Public Instruction of Palm Beach County, Florida. As so modified, the judgment is affirmed.

Affirmed.

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188 F.2d 832, 1951 U.S. App. LEXIS 3112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-board-of-public-instruction-of-palm-beach-county-fla-ca5-1951.