Legal Opinion

Phelan v. Middle States Oil Corp.

Court of Appeals for the Second Circuit

Decided January 11, 1955No. 284, Docket 22426PublishedCited by 18 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

We dismissed an appeal from the judgment in this case because it was not final against Glass, and because, although it was so against Tumulty and the Middle States Petroleum Corporation, it would have resulted in great duplication of time and expense to go over the same issues twice. We suggested then that the parties might stipulate to delete those parts of the judgment that limited its finality as to Glass and to discharge him unconditionally.1 This they did, but in two other opinions, on January 15 and February 8, 1954,2 we concluded that such amendments must be…

2Cases cited41 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  5. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943

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3Cited by18 opinions

  1. Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1990
  2. In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
  3. Everett Heyman D/B/A Pleasure Products Co. v. Ar. Winarick, Inc., Ar. Winarick, Inc., Dura-Gloss Division, Jules Winarick and Hugo L. BellCourt of Appeals for the Second Circuit · 1963
  4. Fulton National Bank v. Mrs. Lucille M. Tate, Individually, and as Administratrix of the Estate of Steve C. Tate, DeceasedCourt of Appeals for the Fifth Circuit · 1966
  5. National Labor Relations Board v. Southern Bleachery & Print Works, Inc.Court of Appeals for the Fourth Circuit · 1958

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