Legal Opinion
Thelma M. Wade, as Administratrix of the Estate of Russell L. Smith, Deceased v. Dan Rogala, Doing Business as Rogala Fisheries
Court of Appeals for the Third Circuit
Decided September 17, 1959No. 12848PublishedCited by 91 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
This appeal is taken from the Order 1 of the District Court for the Western District of Pennsylvania dismissing the plaintiff’s complaint with prejudice on the ground that the jurisdictional amount, 28 U.S.C. § 1331, was not involved.
Of course, the dismissal “with prejudice” is not res judicata as a final' decision upon the merits since the ground of dismissal is jurisdictional. 2 But the primary issue presented on this appeal is the correctness of the determination that the jurisdictional amount was not involved.
Plaintiff is the administratrix of the-estate of Russell…
2Cases cited28 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Land v. DollarSupreme Court of the United States · 1947
- Gibbs v. BuckSupreme Court of the United States · 1939
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
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3Cited by91 opinions
- Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
- Latshaw v. JohnstonCourt of Appeals for the Fifth Circuit · 1999
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- Nelson v. KeeferCourt of Appeals for the Third Circuit · 1971
- James Walker v. Walter E. Washington, Mayor District of ColumbiaCourt of Appeals for the D.C. Circuit · 1980
86 more not listed; retrieve them via the Exa API.