Opinion · Court of Appeals for the D.C. Circuit

Levy v. Hayward

248 F.2d 152

Type
Opinion
Court
Court of Appeals for the D.C. Circuit
Jurisdiction
Federal
Date
1957-09-05
Topic
general

PER CURIAM. The District Court dismissed the complaint in this case on the ground that it fails to state a cause of action on which relief could be granted. The complaint, as amended, claims damages from the two defendants named for “deceit and *153misrepresentation, in pursuance to a long-standing conspiracy” with two others. The overt act alleged is that they, with intent to defraud and cheat plaintiff, gave false testimony as witnesses in a previous suit by plaintiff against the United States in the Court of Claims, 1953, 125 Ct.Cl. 145, certiorari denied 1954, 346 U.S. 931, 74 S.Ct. 321, 98 L.Ed. 422, and that this resulted in plaintiff’s failure to recover in that suit a .judgment entitling him to receive back salary following his discharge from the War Production Board with “its concomitant ruinous impact upon his professional standing and career.” There is no allegation that the plaintiff has undertaken at any time or in any fashion to bring the matter of the alleged false testimony to the attention of the Court •of Claims for its consideration and possible action. Construing the allegations most favorably to the plaintiff-appellant and giving him the benefit of every permissible inference, we think that the complaint was properly dismissed for failure to state a cause of action on which damages could be awarded.

Citator

UpLaw has not yet analyzed Levy v. Hayward. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions