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Moorish Science Temple of America — Part 20
Page 81
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a
PR 157-8299
S&S. FPRCP 12{B) &. FPilaintiffs failed to atate -
claim upon which relief can be clalmed.
The following are tha court's reasorm for diamiasal
of the sult:
1. Fetitionsra complaint fails to set a claim upon
which relief can be granted,
2. Haines va. Kemer, Ol U.S. 519, 5/20-21 (1972),
such grants will be dismissed if it appears that plaintiff
would be entitled te no relief under any set of facta which
could be provided in support of hie claim.
koh U.8. 1 5/22
Seo also Gray va. Creamer, 465 F. 2D179 (Third
Circuit 1972}, 2A Moore, Federal Practice Section 12.08 at
2271-7 (Second Edition 1968).
See generally U.S. Bx Rel. Mayo va. Saten and
his Staff Sh F.R.D. 282 (W.D. Pennsylvania 1971).
3. Flaintiffs! complaint does not allege that
respondents have violated their first amendment, Right of
Religious Liberty. It averse only that respondents have in
some Way kept mambers of the black race in ignorance of thair
true religious and cultural heritage. Such an allegation
does not state a claim upon which relief can be granted.
; ys Fisgintiffs! complaint is replete with vague
conciveaionary statements. Indeed, reference to the "religious
ereed and principles of their forsfathers," and to their
national flag, are not allegations at all, but proclamations
of religious identity. Moreover, thers ia no nexus between
the allegations of the complainant and named respondents or
between the relief sought and the slleged constitutional
deprivationg, Furthermore, we note that a command to the..
aa Government to Tinanclally support plaintiffs! religiaus
organization would violate the first amendment.
“UO
m?
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