SIMON v. UNITED STATES

No. 82-3420.

711 F.2d 740 (1983)

J. Minos SIMON, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendants, James F. Neal, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 29, 1983.


Attorney(s) appearing for the Case

Raymond Morgan Allen, Clay Morgan Allen, Lafayette, La., for plaintiff-appellant.

Voorhies & Labbe, D. Mark Bienvenu, Lafayette, La., for defendant-appellee.

Before CLARK, Chief Judge, THORNBERRY and RANDALL, Circuit Judges.


THORNBERRY, Circuit Judge:

INTRODUCTION:

J. Minos Simon (Simon) appeals from the district court's grant of summary judgment to appellee James F. Neal (Neal). Concluding that the district court in granting Neal's motion failed to entertain the cause of action actually pleaded by Simon, we REVERSE and REMAND for proceedings not inconsistent with this opinion.

FACTS AND PROCEDURAL HISTORY:

Simon alleges...

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