Legal Opinion
Tabben v. Ohio Casualty Insurance Co.
District Court, E.D. Kentucky
Decided February 24, 1966No. 1216PublishedCited by 17 opinions
1Opinion of the Court
SWINFORD, Chief Judge.
This action has been brought before the court on the defendant’s motion to dispose of its defenses that the plaintiff has failed to state a claim on which relief can be granted, Federal Rule of Civil Procedure 12(b) (6), and that the plaintiff is not the real party in interest, Federal Rule 17(a). Jurisdiction is based upon diversity of citizenship. On January 26 of this year a hearing was held on this motion and at the conclusion thereof an order was entered sustaining the motion and dismissing the action at the cost of the plaintiff. This opinion is entered in support…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
- Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. JerniganCourt of Appeals for the Fifth Circuit · 1965
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ammerman Ex Rel. Ammerman v. Farmers Insurance ExchangeUtah Supreme Court · 1967
- Brown v. CandeloraSuperior Court of Pennsylvania · 1998
- Gerald Bourget, and Security Insurance Company of Hartford, Inc., Intervening v. Government Employees Insurance CompanyCourt of Appeals for the Second Circuit · 1972
- State Farm Mutual Automobile Insurance Co. v. MarcumCourt of Appeals of Kentucky (pre-1976) · 1967
- Bean v. Allstate InsuranceCourt of Appeals of Maryland · 1979
12 more not listed; retrieve them via the Exa API.