Legal Opinion
Continuous Zinc Furnace Co. v. American Smelting & Refining Co.
Court of Appeals for the Second Circuit
Decided December 5, 1932No. 59PublishedCited by 6 opinions
1Opinion of the Court
AUGUSTUS F. HAFD, Circuit Judge.
The District Court dismissed the amended complaint on the ground that another aetion was pending between the same parties or their privies for the same cause of aetion. The motion to dismiss was made under rules 106 and 107 of the Rules of Civil Practice of New York because:(1) The plaintiff had no legal capacity to sue, and there was another aetion pending between the same parties or their privies for the same cause of action.(2) The amended complaint did not state faets sufficient to constitute a causa of action.
The amended complaint seeks to recover damages…
2Cases cited17 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Adams v. ClarkNew York Court of Appeals · 1925
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Rowell v. SmithWisconsin Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- World Wrestling Entertainment, Inc. v. Jakks Pacific, Inc.District Court, S.D. New York · 2006
- Mayfield v. First Nat. Bank of Chattanooga, Tenn.Court of Appeals for the Sixth Circuit · 1943
- In Re Associated Gas & Electric Co.District Court, S.D. New York · 1943
- Thomas A. Edison, Inc. v. Blackman Distributing Co.Court of Appeals for the Second Circuit · 1933
- Seaboard Terminal & Refrigeration Co. v. DrosteCourt of Appeals for the Second Circuit · 1935
1 more not listed; retrieve them via the Exa API.