Legal Opinion
Baker v. Southern Pacific Transportation
Court of Appeals for the Ninth Circuit
Decided October 1, 1976No. Nos. 75-1783, 75-1784PublishedCited by 3 opinions
1Opinion of the Court
JAMESON, District Judge:
This is a consolidated appeal in two cases involving a claim of A & R Lumber Sales, Inc. for damages to its truck in a collision with Southern Pacific Transportation Company’s train. We conclude that in No. 75-1783 there was no judgment from which an appeal could properly be taken and dismiss the appeal without prejudice. In No. 75-1784 A & R failed to assert a compulsory counterclaim in a prior action, and we affirm the summary judgment of dismissal entered by the district court.
Factual Background
On January 11, 1973 a Southern Pacific train collided with a truck owned…
2Cases cited7 opinions
- United States v. IndrelunasSupreme Court of the United States · 1973
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Dragor Shipping Corporation, a Corporation, Formerly Ward Industries Corporation v. Union Tank Car Company, a CorporationCourt of Appeals for the Ninth Circuit · 1967
- The Richland Trust Company v. Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1973
- Reynolds v. Hartford Accident & Indemnity CompanyDistrict Court, S.D. New York · 1967
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3Cited by3 opinions
- Metal Processing, Inc. v. HummDistrict Court, D. New Jersey · 1999
- State Savings & Loan Ass'n v. RendonNew Mexico Supreme Court · 1986
- Ray Arthur Baker, Individually and a & R Lumber Sales, Inc., an Oregon Corporation v. Southern Pacific Transportation, a Delaware Corporation, a & R Lumber Sales, Inc., an Oregon Corporation v. Southern Pacific Transportation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1976