Legal Opinion · Dissent

Liberty Mutual Insurance v. Elgin Warehouse & Equipment

Court of Appeals for the Eighth Circuit

Decided August 19, 1993No. 92-2687Published

1Dissent

JOHN R. GIBSON, Circuit Judge,

dissenting from the denial of rehearing en banc, joined by Judges McMILLIAN, BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

I would grant rehearing en banc in this ease simply to summarily dispose of the discussion of the law of the case doctrine in Part II B.

I have no quarrel with the opinion’s statement of the governing principles and authorities. Ordinarily one would not write simply to disagree with the way an opinion is worded. In this case, however, the panel opinion engages in a lengthy discussion and concludes that the first panel’s opinion was…

2Cases cited5 opinions

Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
Roberts v. CooperSupreme Court of the United States · 1858
Wrist-Rocket Manufacturing Co., Inc., Cross-Appellee v. Saunders Archery Company, Cross-AppellantCourt of Appeals for the Eighth Circuit · 1978
James H. White, Trustee in Bankruptcy for Las Olas Inn Corporation, Bankrupt v. Francis J. Murtha and Floyd C. Webb, as Trustees of the Central States, Southeast and Southwest Areas Pension Fund, Francis J. Murtha and Floyd C. Webb, as Trustees of the Central States, Southeast and Southwest Areas Pension Fund v. James H. White, Trustee in Bankruptcy for Las Olas Inn Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1967
James H. White, Trustee in Bankruptcy for Las Olas Inn Corporation, Bankrupt v. Francis J. Murtha and Floyd C. Webb, as Trustees of the Central States, Southeast and Southwest Areas Pension Fund, Francis J. Murtha, and Floyd C. Webb, as Trustees of the Central States, Southeast and Southwest Areas Pension Fund v. James H. White, Trustee in Bankruptcy for Las Olas Inn Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1967