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Senator Edward Kennedy — Part 25
Page 93
93 / 249
Opinion of the C wets a
our $990.8. Srllabus,
established by the Rules to disclose more precisely th
basis of both claim and defense and to define noe
rowly the disputed facts and issues* Followin he
simple guide of Rule 8 (f) that “al pleadings dul le
$0 construed as to do substantial justice,” we have
WILLIAMS, GOVERNOR OF MICHIGAN, er au v
SIONS, CHIEF JUDGE, UNITED STATES
COURT OF APPEALS FOR THE SIXTH
in in petitioners’ complaint adequately set forth u CIRCUIT, er
and gave the r te ts ts
The Federal Rules tem in Os bas i ox Morton FOR LEAVE 10 FILE PETITION FOR WAIT OF
game of skill in which one mi Pproach that pleading is : MANDAMUS OR IN THE ALTERNATIVE PROHIBITION
sive to the outeome usta teont mayteded AND SANDE
Come and accept the principle that the pur. c
the of leading 18 to facilitate @ proper dson on ar Yo, 74, Mise, Decided November 18, 1957.
em ut
: erits, Cf, Maty v, Graseelli Chemical Co,. 303 oO | 7
§, 197, ” an A Federal District Court issued a temporary restraining order
The judgment Is rey ‘oe «restraining the Cov d other officials of Michigan from cone
ersed ; ae _"Testraining the Governor and 0 gan from con
the District Court for ith n seis remanded lo bat! tiuing with proceedings understate law for the removal of certain
vith ths onion T proceedings not inconsistent we municipal oficers for alleged msfeasance in office. Without pase-
' ey ing on the ‘merits of the complaint or 4 motion to dismiss i,
It is 90 ordered, c three-judge District Coutt convened to consider the case, con
uae oP tinued the temporary restraining order in effect for several months,
C a pending determination of criminal proceedings against the same -
ae ue oF 3, munieipal officers The Governor and Attomey General filed s
ey}. + motion in this Court for leave to file petition for writ of man-. ”
wa damus or for writs of prbibition and mandamus directed against
. the members ofthe threejudge District Court to compel them to °
Sy op) decide the motion for a preliminary injntion and the motion
roar to dans, orto refrain from proceeding further in the cause and
; ‘ 4 to vacate the temporary restraining order, ‘This Court issued an
t
order to the members of the District Court to show cause why 3
writ of mandamus or prohibition should not issue, The District
‘: Court, on motion of one of the complainants in the proceeding
‘ before it, then vacated its temporary restraining order and dix
misced the complaint Held: Tt appearing that the cause has.‘
become moot, the rule to show cause is discharged and the motion
is denied.
9
me R qu Rule 12 (e) (motion for 2 more definite statement)
i 2 ) (motion to stnike portions of the pleading) ; Rule 12 (j
on for judgment on the pleadings) ; Rule 16 (prestria stcedue
G, Mennen Williams, Governor of Michigan, Thomas
M. Kavanagh, Attorney General, Edmund E. Shepherd,
then Solicitor General, Samuel J. Torin, now Solicitor
|
and formulation of issues) » Rules %6- it
Srmuration Ot ues) ; Rules 26-37 (depositions and discovery)
Rule 55 (motion for summary judgment): Rule 15 (right to uel
o)
General, and Joseph 4. Sullivan, Deputy Attorney
General, for petitioners
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