MARILYN MARIE MONTEILH ET AL., PLAINTIFFS-APPELLANTS,
v.
ST. LANDRY PARISH SCHOOL BOARD ET AL., DEFENDANTS-APPELLEES, UNITED STATES OF AMERICA, AMICUS CURIAE
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The court granted the defendant's motion to dismiss, finding that the complaint failed to state a cause of action for class action because the case involved complex questions of negligence and damages unsuitable for class treatment, and also failed to sufficiently allege a cause of action for negligence.
The court held that the case was not appropriate for a class action due to the complex questions of proximate cause, assumption of risk, contributory negligence, and damages, and dismissed the class action claim.
The plaintiffs alleged injuries resulting from an interruption of power, which caused traffic signals to be inoperative. The minor plaintiff claimed i…
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BY THE COURT:
The order appealed from, reflecting the informed judgment of the district court, is affirmed, Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971). The district court correctly retained jurisdiction of this proceeding. and should continue to maintain that jurisdiction for a minimum period of three years. In no event should the district court dismiss this action without notice to the plaintiffs below and a hearing providing opportunity to plaintiffs to show that deliberate action by school authorities or some other agency of the State has affected the unitary status of this system so that further intervention of the district court is required. See Swann, supra, and Calhoun v. Cook, 451 F. 2d 583 (5th Cir. 1971) and the cases cited in that opinion.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Swann v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1 (U.S. 1971)
- Calhoun v. Cook, 451 F.2d 583 (5th Cir. 1971)