JONES v. POINDEXTER

No. 89-2667.

903 F.2d 1006 (1990)

Mansfield JONES, Plaintiff-Appellant, v. Eleanor C. POINDEXTER, Administratrix of the Estate of Joseph W. Poindexter; Charles F. Purcell; Thomas E. Albro, James N.G. Cauthen, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 25, 1990.

Rehearing and Rehearing Denied June 25, 1990.


Attorney(s) appearing for the Case

J. Benjamin Dick, Charlottesville, Va., for plaintiff-appellant.

George A. Somerville, Mays & Valentine, Richmond, Va., for defendants-appellees.

S.W. Tucker, Hill, Tucker & Marsh, Richmond, Va., on the brief, for plaintiff-appellant.

James C. Roberts, Mays & Valentine, Richmond, Va., on the brief, for defendants-appellees.

Before WIDENER and SPROUSE, Circuit Judges, and HOFFMAN, Senior District Judge for the Eastern District of Virginia, sitting by designation.


Rehearing and Rehearing En Banc Denied June 25, 1990.

WALTER E. HOFFMAN, Senior District Judge:

This appeal is from the district court's dismissal of Jones's complaint under Fed.R.Civ.P. 12(b)(6), for failing to state a cause of action.

On May 12, 1988, the Circuit Court for the County of Louisa, Virginia, entered a $250,000.00 judgment against Jones, the plaintiff in the federal action below. Jones tendered an appeal bond with personal surety to the...

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