Legal Opinion

In Re Southwestern Bell Telephone Company, American Telephone and Telegraph Company, and C. L. Todd

Court of Appeals for the Fifth Circuit

Decided November 12, 1976No. 76-2237PublishedCited by 39 opinions

1Per curiam

The court en banc affirms the decision of the panel on the basis of the panel opinion except as follows.

It is starkly revealed to the court en banc that plaintiffs do not make any real contentions of fact. They make no claim that Southwestern is not a Missouri corporation or that its principal place of business is not in Missouri. Their claim is one of law rather than fact. Standing squarely on the estoppel theory advanced by them in the District Court and adopted by that court, they say that Southwestern is barred from asserting the undisputed facts as a basis for federal jurisdiction. For…

2Cases cited4 opinions

  1. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  2. In Re Southwestern Bell Telephone Company, American Telephone and Telegraph Company, and C. L. ToddCourt of Appeals for the Fifth Circuit · 1976
  3. Metropolitan Nat. Bank v. Campbell Commission Co.U.S. Circuit Court for the District of Western Missouri · 1896
  4. Gravitt v. Southwestern Bell Telephone Co.District Court, W.D. Texas · 1975

3Cited by39 opinions

  1. Wight v. BankAmerica Corp.Court of Appeals for the Second Circuit · 2000
  2. David E. Tillman v. Csx Transportation, Inc. & Marler L. BennettCourt of Appeals for the Fifth Circuit · 1991
  3. Mary Ann Hansen v. Blue Cross of California Ventura County Foundation for Medical CareCourt of Appeals for the Ninth Circuit · 1989
  4. In re WeaverCourt of Appeals for the Fifth Circuit · 1980
  5. Ayers v. Western Line Consolidated School DistrictCourt of Appeals for the Fifth Circuit · 1977

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