Legal Opinion
McCloud River Railroad Company v. Sabine River Forest Products, Inc.
Court of Appeals for the Fifth Circuit
Decided July 9, 1984No. 83-4470PublishedCited by 21 opinions
1Opinion of the Court
CLARK, Chief Judge:
The district court granted summary judgment for McCloud River Railroad Company on its claim against Sabine River Forest Products to recover unpaid freight charges. The court also dismissed with prejudice Sabine’s counterclaim for damages because of its failure to prosecute. On appeal, Sabine contends that the district court did not follow the procedural requisites of Fed.R.Civ.P. 56(c) for granting summary judgment. Specifically, Sabine maintains that the district court improperly considered an affidavit that had not been filed ten days before summary judgment and had not…
2Cases cited10 opinions
- Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Schy v. Susquehanna Corp.Court of Appeals for the Seventh Circuit · 1970
- Auto Drive-Away Company of Hialeah, Inc., Gertrude McKiernan and B. J. McKiernan v. Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1966
- Dennis J. LEWIS, Plaintiff-Appellant, v. BROWN & ROOT, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- Dorothea N. Hornbuckle v. Arco Oil & Gas CompanyCourt of Appeals for the Fifth Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mercantile Peninsula Bank v. FrenchCourt of Appeals for the Fourth Circuit · 2007
- Willard Rushing and Patricia Rushing v. Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1999
- Donaghey v. Ocean Drilling & Exploration Co.Court of Appeals for the Fifth Circuit · 1992
- American Tel. & Tel. Co. v. Days InnMississippi Supreme Court · 1998
- Mercantile Peninsula Bank v. French (In Re French)Court of Appeals for the Fourth Circuit · 2007
16 more not listed; retrieve them via the Exa API.