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AUSTER OIL & GAS, INC. v. STREAM

No. 84-4486.

764 F.2d 381 (1985)

AUSTER OIL & GAS, INC., Plaintiff-Appellant, v. Matilda Gray STREAM, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 1, 1985.

Attorney(s) appearing for the Case

Stockwell, Sievert, Viccellio, Clements & Shaddock, Bernard H. McLaughlin, Jr., William E. Shaddock, William B. Monk, Charles, La., for plaintiff-appellant.

Camp, Carmouche, Barsh, Hunter, Gray & Hoffman, Geralyn P. Garvey, David R. Frohn, Scofield, Bergstedt, Gerard, Mount & Veron, Lake Charles, La., for defendants-appellees.

Before WISDOM, WILLIAMS and HILL, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

The district court dismissed the complaint of appellant Auster Oil & Gas Company as to appellees Matilda Gray Stream and M.G.S. of Lake Charles, Inc., on the ground that Auster had failed to state a claim against them under 42 U.S.C. § 1983. The court also denied Auster's motion to amend its pleading to allege facts it discovered after the dismissal. We hold that Auster's original complaint stated a section 1983 claim and...

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