Legal Opinion
Merz v. Hemmerle
District Court, E.D. New York
Decided May 29, 1981No. 78 C 1101PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM ORDER
NEAHER, District Judge.
This intra-family diversity action was begun in May 1978 to recover for the alleged conversion of funds and property formerly held in a New York bank by plaintiff and his now deceased wife. The acts of conversion complained of occurred in about August 1976. The defendant and third-party plaintiff, who is plaintiff’s stepdaughter, has moved to dismiss the action for insufficiency of service of process, Rule 12(b)(5).1 The evident purpose of defendant’s motion is to take advantage of the decision in Walker v. Armco Steel Corp., 446 U.S. 740, 100 S.Ct.…
2Cases cited28 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- David Neifeld v. Meyer Steinberg. David Neifeld v. Meyer SteinbergCourt of Appeals for the Third Circuit · 1971
- Hadden v. Rumsey Products, Inc.Court of Appeals for the Second Circuit · 1952
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gates Learjet Corp. v. JensenCourt of Appeals for the Ninth Circuit · 1984
- City of Richmond v. Madison Management Group, Inc.Court of Appeals for the Fourth Circuit · 1990
- Burton v. Northern Dutchess HospitalDistrict Court, S.D. New York · 1985
- In re the Arbitration between Intercarbon Bermuda, Ltd. & Caltex Trading & Transport Corp.District Court, S.D. New York · 1993
- Gordon v. HuntDistrict Court, S.D. New York · 1987
23 more not listed; retrieve them via the Exa API.