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THOMPSON v. ALLSTATE INSURANCE COMPANY

No. 72-2062.

476 F.2d 746 (1973)

James H. THOMPSON, Jr., Individually and d/b/a Rusty Thompson Mid Town Auto Service, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 1973.

Attorney(s) appearing for the Case

Barry Hess, Roderick P. Stout, Mobile, Ala., for plaintiff-appellant.

Lewis G. Odom, Jr., J. Knox Argo, Montgomery, Ala., Robert E. Gibney, Mobile, Ala., for defendant-appellee.

Before WISDOM, BELL and COLEMAN, Circuit Judges.

WISDOM, Circuit Judge:

In appeals to this Court, judgments dismissing a complaint for failure to state a claim on which relief could be granted have a high mortality rate. They should—under federal rules of pleading. In this case the plaintiff, James H. Thompson, Jr., appeals from the district court's decision dismissing his complaint for failure to state a claim on which relief could be granted under Alabama law. In his complaint, the plaintiff alleged facts...

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