Elmer Davis, AKA Robert Brown v. Leroy R. Eide

Second Circuit Court of Appeals

Dec. 21, 1967.

Second Circuit Court of Appeals · decided 1967-12-21

2 counsel of record

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Opinion by Per Curiam · Decided 1967-12-21

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Cited by 13 later decisions — most recently July 2012

2 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Elmer Davis, in pro. per.

Roger Arnebergh, City Atty., John A. Daly, Asst. City Atty., Thomas M. Rosenberg, Deputy City Atty., Los Angeles, Cal., for appellees.

Before BARNES and JERTBERG, Circuit Judges, and McNICHOLS,1 District Judge.

PER CURIAM:

¶1

The judgment is reversed, and the matter is remanded to the district court. It appears obvious to us that the complaint states a cause of action. From the order entered below (C.T. 38-39), we cannot ascertain which of the two grounds set forth in appellees' motion, was relied upon by the district court in dismissing the action.

Hon. Ray McNichols, United States District Judge, Boise, Idaho, sitting by designation