# Lucy v. Board of Trustees of University of Alabama

> Court of Appeals for the Fifth Circuit · June 15, 1954 · 213 F.2d 846

URL: https://www.frixlaw.com/law-library/cases/234303

## Case

- **Full name:** LUCY Et Al. v. BOARD OF TRUSTEES OF UNIVERSITY OF ALABAMA Et Al.
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 15, 1954
- **Citations:** 213 F.2d 846; 1954 U.S. App. LEXIS 3581
- **Precedential status:** Published
- **Opinion:** Opinion by Holmes
- **Judges:** Holmes, Strum, Thomas
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/234303

## Opinion text

HOLMES, Circuit Judge.
In the order appealed from, dismissing the complaint as to each of the defendants in this cause, the court below allowed the plaintiffs fifteen days within which to amend their complaint. It also allowed one of the defendants until October 27, 1953, to file objections to the application to substitute him as a party defendant for defendant Bidgood. The order appealed from was dated October 9 1953, and the notice of appeal was filed October 27, 1953. There is nothing in the record to show that the plaintiffs did not amend their complaint within the fifteen days allowed them for that purpose, and there is nothing in the record to show that Oliver Cromwell Carmichael did not file objections to the application to substitute him as a party defendant for defendant Bidgood. Accordingly, the appeal was prematurely filed and should be dismissed for that reason. Western Electric Co. v. Pacent Reproducer Corporation, 2 Cir., 37 F.2d 14 . It is so ordered.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/234303. Public record. Not legal advice.