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PARKER v. McKEITHEN

No. 71-2499.

488 F.2d 553 (1974)

George O. PARKER, Plaintiff-Appellant, v. John J. McKEITHEN, Governor of the State of Louisiana, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 15, 1974.

Attorney(s) appearing for the Case

David L. Morgan, Jr., New Orleans, La., for plaintiff-appellant.

Jack P. F. Gremillion, Atty. Gen., Stanford O. Bardwell, Jr., Baton Rouge, La., for defendants-appellees.

Paul P. Rutledge, New Orleans, La., for Hartford Accident & Ind. Co.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

George O. Parker, the plaintiff below appeals from the entry of what was styled below as a summary judgment in favor of the appellees, McKeithen and others. Decision was withheld to await the result of other litigation and the appeal is now ripe for our decision. In our view, the order entered below amounted to a dismissal for failure to state a claim, an erroneous disposition. Since summary judgment is now a proper disposition, we vacate the...

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