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Senator Edward Kennedy — Part 25

249 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 249 pages OCR'd
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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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