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MILLET v. GODCHAUX SUGARS

No. 16221.

241 F.2d 264 (1957)

Norman MILLET, Appellant, v. GODCHAUX SUGARS, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

February 8, 1957.

Attorney(s) appearing for the Case

Benjamin E. Smith, New Orleans, La., for appellant.

Stanley E. Loeb, New Orleans, La., Boswell, Loeb, Livaudais, Gordon Boswell, New Orleans, La., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

A principle, repeated with remarkable frequency in the plainest terms of direct simplicity, and carrying with it a compelling sense of emphasis, has again been misread, misunderstood, or misapplied, requiring again its republication. For the District Court, indicating no basis for departure from the rule,1 "* * * that a motion to dismiss for failure to state a claim should not be granted unless it appears...

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