CHUMNEY v. NIXON

No. 77-1370.

615 F.2d 389 (1980)

Vern F. CHUMNEY and Marjorie Ann Chumney, Plaintiffs-Appellants, v. Roy C. NIXON, C. Harris Cole, Edward A. Rankin, Gene L. McDaniel, William R. Hicks, Murray E. Stern, Regency Travel, Inc., and Braniff International Airlines, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1980.


Attorney(s) appearing for the Case

James F. Schaeffer, Schaeffer & McDougal, Memphis, Tenn., for plaintiffs-appellants.

W. Carlton Barnes, Hanover, Walsh, Barnes & Jalenak, Memphis, Tenn., for Nixon, Cole and Rankin.

Donald W. Schwendimann, James D. Causey, Memphis, Tenn., for McDaniel and Hicks.

J. Woodward Norvell, Nelson, Norvell, Wilson, McRae, Ivy & Sevier, Alan R. Strain, Memphis, Tenn., for Stern Regency Travel, Inc. and Braniff International Airlines, Inc.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and PECK, Senior Circuit Judge.


EDWARDS, Chief Judge.

Plaintiffs-appellants Chumney, man and wife, appeal from dismissal of their complaint. The District Judge before whom this matter was argued, after considerable deliberation, granted defendants-appellees' motions to dismiss. He reached his final conclusion on motion to reconsider or rehear his dismissal, at which point he held that "the claims could not be said to arise under this criminal statute."...

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