Legal Opinion
Larry C. Smith v. Nick's Catering Service
Court of Appeals for the Eighth Circuit
Decided February 25, 1977No. 76-1821PublishedCited by 8 opinions
1Per curiam
Larry C. Smith appeals from the district court’s dismissal of his diversity complaint for failure to state a claim. We affirm the judgment of dismissal.
Defendant Nick’s Catering Service is a food catering service engaged in the business of selling food and beverages on location to industrial workers and other purchasers. The company owns approximately 20 trucks, each of which it leases, together with a route, to a driver. The drivers buy their merchandise from Nick’s at wholesale cost and resell it at retail prices to their customers. The leasing cost paid by each driver is computed as a…
2Cases cited9 opinions
- Keener v. Dayton Electric Manufacturing CompanySupreme Court of Missouri · 1969
- Cintrone v. Hertz Truck Leasing & Rental ServiceSupreme Court of New Jersey · 1965
- Price v. Shell Oil Co.California Supreme Court · 1970
- Speyer, Inc. v. Humble Oil & Refining Co.Court of Appeals for the Third Circuit · 1968
- Katz v. SladeSupreme Court of Missouri · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rule v. International Ass'n of Bridge, Structural & Ornamental Ironworkers, Local Union No. 396Court of Appeals for the Eighth Circuit · 1977
- 16 Fair empl.prac.cas. 35, 15 Empl. Prac. Dec. P 7943, 17 Empl. Prac. Dec. P 8409, 2 Fed. R. Evid. Serv. 823 Ronald Rule, Lonnie Vanderson, George Coe, Willie Nichols, Johnnie I. Brown, Hiawatha Davis and Willie West v. International Association of Bridge, Structural and Ornamental Ironworkers, Local Union No. 396, and Ironworkers Joint Apprenticeship Committee of St. Louis, Missouri, and Phillip Crowley, Clyde Quick, Hugh Kempka, Clarence McDonald J. J. Hunt, Sr., J. J. Hunt, Jr., Robert Boulware, J. W. Hardesty, Charles W. Ross, William E. Besl, Ralph Cornell, Fred L. Maddison, Raymond J. Robertson, James J. Willis, Calvin L. Walker, Joe Rowles, Guilford D. White, and Frederick Herzog, as Trustees of the National Ironworkers and Employer Training ProgramCourt of Appeals for the Eighth Circuit · 1978
- Martha Alsup v. Garvin-Wienke, Inc.Court of Appeals for the Eighth Circuit · 1978
- Grenz Super Valu v. Edward John FixCourt of Appeals for the Eighth Circuit · 1977
- United States v. Ronald Steven Two Bulls A/K/A Ron Two BullsCourt of Appeals for the Eighth Circuit · 1978
3 more not listed; retrieve them via the Exa API.