PFISTER v. ARCENEAUX

No. 22562.

379 F.2d 292 (1967)

James H. PFISTER, Appellant, v. Willie P. ARCENEAUX et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 29, 1967.


Attorney(s) appearing for the Case

C. Ellis Henican, Jr., Henican, James & Cleveland, C. Ellis Henican, New Orleans, La., for appellant.

W. Scott Wilkinson, Wilkinson, Lewis, Woods & Carmody, Shreveport, La., for appellees.

Before BROWN, BURGER, and WISDOM, Circuit Judges.


PER CURIAM.

The petition for rehearing indicates that the third-party defendants fail to give effect to the theory of both the original and the third-party complaints. The petitioners insist that there is no genuine issue of material fact whether the members of the legislative committee actually participated in the illegal raids. The thrust of the original complaint is, however, not that Pfister and the other committee members participated in the raids, but that the raids were carried out "under the direction and in behalf of [the] defendant". In other words the question is whether the committee's investigation was undertaken for a legitimate purpose or with an eye to depriving the plaintiffs of their constitutional rights, either through raids, through harassment and prosecution, or otherwise, whether by the committee's own acts or by the acts of others instigated by the Committee. The record, incorporated in Pfister's "opposition", clearly reveals genuine issues of material fact as to these issues. The petition for rehearing is therefore denied.

FootNotes


* Of the District of Columbia Circuit, sitting by designation.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases