"[W]e have no doubt that the rules of notice pleading apply with as much vigor to petitions for removal as they do to other pleadings, which according to Rule 8(f) of the Federal Rules of Civil Procedure ‘shall be so construed as to do substantial justice.’ ”
How later courts described this case
- "[W]e have no doubt that the rules of notice pleading apply with as much vigor to petitions for removal as they do to other pleadings, which according to Rule 8(f) of the Federal Rules of Civil Procedure ‘shall be so construed as to do substantial justice.’ ”
Written by the judges who cited it.
Distinguished
Distinguished by Bruce Baines v. City of Danville, Virginia, Hildreth G. McGhee v. City of Danville, Virginia, 357 F.2d 756 (1966)
Rachel and Cox are clearly distinguishable because of the absence in those cases of any factual dispute and the clear showing that the Constitution foreclosed a successful prosecution in the state court.
The opinion
WHITEHURST, District Judge
(concurring in part and dissenting in part):
I concur in Judge TUTTLE’s opinion on the merits. However, the Notice of Appeal having been filed six days later than permitted under Rule 37(a) (2) of the Rules of Criminal Procedure, I would dismiss the appeal.