Legal Opinion

Atwater v. North American Coal Corporation

Court of Appeals for the Second Circuit

Decided April 8, 1940No. 224Published

1Opinion of the Court

111 F.2d 125 (1940)

ATWATER

v.

NORTH AMERICAN COAL CORPORATION et al.

No. 224.

Circuit Court of Appeals, Second Circuit.

April 8, 1940.

Henry S. Miller, of New York City, for appellant.

Hodges, Reavis, Pantaleoni & Downey, of New York City (C. Frank Reavis and Martin D. Jacobs, both of New York City, of counsel), for appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

2Per curiam

The plaintiff's complaint was in four counts. In each count the effort was made to charge the defendants with joint liability. On motion by the defendants to dismiss for failure to state a claim, the district court ordered the…

3Cases cited12 opinions

  1. Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
  2. Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
  3. Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940
  4. Bank of Rondout v. SmithSupreme Court of the United States · 1895
  5. Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930

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