Legal Opinion
Fischer v. Dover S. S. Co.
District Court, E.D. New York
Decided April 27, 1954No. Civ. No. 14067PublishedCited by 4 opinions
1Opinion of the Court
BRUCHHAUSEN, District Judge.
The defendant makes this motion for summary judgment, under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the complaint upon the ground that there has been a prior adjudication on the merits of the plaintiff’s complaint.
Three separate actions, including the present action, have been instituted by the plaintiff. The complaints in the two prior actions were dismissed. For a proper determination of this motion, it is essential that the steps taken in the litigation and the Courts’ rulings therein be considered, in chronological order.
The…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- American Nat. Bank & Trust Co. v. United StatesCourt of Appeals for the D.C. Circuit · 1944
- Esquire, Inc. v. Varga Enterprises, Inc. (Two Cases)Court of Appeals for the Seventh Circuit · 1950
- Producers Releasing Corp. De Cuba v. PRC Pictures, Inc.Court of Appeals for the Second Circuit · 1949
- Daley v. Sears, Roebuck & Co.District Court, N.D. Ohio · 1950
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3Cited by4 opinions
- Hinchee v. FisherSupreme Court of Florida · 1957
- Carter v. McGowanDistrict Court, D. Nevada · 1981
- Flores v. Steamship "SS George Lykes"District Court, D. Puerto Rico · 1960
- Fletcher v. Pickwick, Inc.District of Columbia Court of Appeals · 1958