Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Larry O. Kurtenbach

Court of Appeals for the Eighth Circuit

Decided December 30, 1975No. 75--1002PublishedCited by 32 opinions

1Opinion of the Court

VAN OOSTERHOUT, Senior Circuit Judge.

Merrill Lynch, Pierce, Fenner & Smith, Inc., a commodities broker, brought this diversity action to recover balances allegedly due under a commodity account agreement. The trial court entered judgment for plaintiff in the amount of $8,158.75 which represents only a portion of the $14,781.25 allegedly due. Merrill Lynch seeks to .appeal such final judgment. We dismiss the appeal for want of subject matter jurisdiction by reason of plaintiff’s failure to file a timely notice of appeal.

Final judgment denying in part plaintiff’s claim for relief was entered by…

2Cases cited11 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1960
  2. Plant Economy, Inc. v. Mirror Insulation Company, Inc.Court of Appeals for the Third Circuit · 1962
  3. Stirling v. Chemical BankCourt of Appeals for the Second Circuit · 1975
  4. Lavina TOROCKIO Et Al., Appellants, v. CHAMBERLAIN MFG. CO., a Corp., Et Al.Court of Appeals for the Third Circuit · 1972
  5. Eugene Whipp v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1974

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

3Cited by32 opinions

  1. Phyllis G. Kyle v. Campbell Soup CompanyCourt of Appeals for the Ninth Circuit · 1994
  2. Alejandro Sanchez v. Board of Regents of Texas Southern UniversityCourt of Appeals for the Fifth Circuit · 1980
  3. Monark Boat Company v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1983
  4. Michael Joseph Haley v. Lindsay W. SimmonsCourt of Appeals for the Eighth Circuit · 1976
  5. Darron K. Campbell v. Carl WhiteCourt of Appeals for the Eighth Circuit · 1983

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

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