Legal Opinion

Usm Corporation v. Gkn Fasteners Limited

Court of Appeals for the First Circuit

Decided July 12, 1978No. 77-1433PublishedCited by 24 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

We face the unusual issue of the retroactive effect of amended pleadings on the jurisdiction of this court. On April 6, 1978, we ruled that no jurisdiction lay with the court of appeals to entertain an appeal from a stay order issued on August 8,1977, by the district court. USM Corp. v. GKN Fasteners, Ltd., 574 F.2d 17 (1st Cir., 1978). We now rule, for reasons which we discuss below, that the pleadings which were amended on May 10,1978, do not retrospectively validate the jurisdiction of this court. We begin with a brief resume of the procedural history of the case.

Follo…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Cobbledick v. United StatesSupreme Court of the United States · 1940
  3. United States v. RobinsonSupreme Court of the United States · 1960
  4. Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
  5. Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888

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3Cited by24 opinions

  1. CONNECTU LLC v. ZuckerbergCourt of Appeals for the First Circuit · 2008
  2. O'Connell v. Hyatt HotelsCourt of Appeals for the First Circuit · 2004
  3. Miguel v. Country Funding Corp.Court of Appeals for the Ninth Circuit · 2002
  4. In re American Colonial Broadcasting Corp.Court of Appeals for the First Circuit · 1985
  5. Lewis v. MoorheadSouth Dakota Supreme Court · 1994

19 more not listed; retrieve them via the Exa API.

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