Legal Opinion
John & Sal's Automotive Service, Inc. v. Sinclair Refining Co.
District Court, S.D. New York
Decided October 2, 1959Published
1Opinion of the Court
; RYAN, Chief Judge.
This suit is again before us on a motion to dismiss the complaint for (1) failure to state a claim upon which relief can be granted and (2) failure to join an indispensable party.
The jurisdiction is predicated on diversity of citizenship and the requisite amount is alleged.
From the pleadings it appears that, on March 24, 1955, plaintiff, John and Sal’s Automotive Service Incorporated, a New York corporation, entered into an agreement with defendant Sinclair Refining Company, a Maine corporation, under which plaintiff was to supply emergency road service for a portion of…
2Cases cited11 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
- Stewart v. United StatesSupreme Court of the United States · 1855
- Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
- Horton E. Ryan, Individually and as Next Friend of Shana Ryan v. W. T. ScogginCourt of Appeals for the Tenth Circuit · 1957
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