William J. Warner, Etc. v. Board of Trustees of the Police Pension Fund of the City of New Orleans, and Its Members, Capt. Alvin H. Rankin

Fifth Circuit

William J. Warner, Etc. v. Board of Trustees of the Police Pension Fund of the City of New Orleans, and Its Members, Capt. Alvin H. Rankin

522 F.2d 1384

Court of Appeals for the Fifth Circuit·Decided December 9, 1975·No. 74-2303·Published·Cited by 8 cases

Opinions

PER CURIAM:

This appeal, submitted at the same time as the case of Muzquiz v. City of San Antonio et al., 5th Cir., 520 F.2d 993 dec., October 8, 1975, presents precisely the same jurisdictional issues as, and its disposition is controlled by, our decision in that case.

We hold that the trial court’s order dismissing the complaint for want of federal subject matter jurisdiction was error for the reasons stated by us in the San Antonio case. What we have said on the merits of the complaint in San Antonio may also have disposed of the claims of the plaintiffs here when the case is submitted on remand. However, neither party addressed the merits here so we do not reach the question whether plaintiffs have alleged a state of facts upon which relief could be granted.

The judgment of dismissal is reversed and the case is remanded for further proceedings.

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PER CURIAM:

This appeal, submitted at the same time as the case of Muzquiz v. City of San Antonio et al., 5th Cir., 520 F.2d 993 dec., October 8, 1975, presents precisely the same jurisdictional issues as, and its disposition is controlled by, our decision in that case.

We hold that the trial court’s order dismissing the complaint for want of federal subject matter jurisdiction was error for the reasons stated by us in the San Antonio case. What we have said on the merits of the complaint in San Antonio may also have disposed of the claims of the plaintiffs here when the case is submitted on remand. However, neither party addressed the merits here so we do not reach the question whether plaintiffs have alleged a state of facts upon which relief could be granted.

The judgment of dismissal is reversed and the case is remanded for further proceedings.

William J. Warner, Etc. v. Board of Trustees of the Police Pension Fund of the City of New Orleans, and Its Members, Capt. Alvin H. Rankin, 522 F.2d 1384 (5th Cir. 1975).

Pincite

522 F.2d 1384 (William J. Warner, Etc. v. Board of Trustees of the Police Pension Fund of the City of New Orleans, and Its Members, Capt. Alvin H. Rankin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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