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In Re Tyree
Appellants contend that the court abused its discretion by refusing to vacate its order dismissing the complaint for failure to state a claim upon which relief could be granted. 5 The Supreme Court has stated the rule which governs our disposition of this case: “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-102 , 2 L.Ed.2d 80 (1957) (footnote omitted); accord, e.g., Perry v. Distr…
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George
v.
Houston Police Department
v.
Houston Police Department
No. 83-6803.
Supreme Court of the United States.
Oct 1, 1984.
Published
Appeal from C. A. 5th Cir. dismissed for want of jurisd[*805] iction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.