Legal Opinion
MacChiavelli v. Shearson, Hammill & Co., Inc.
District Court, E.D. California
Decided October 15, 1974No. Civ. S-2593PublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MacBRIDE, Chief Judge.
Armand Maechiavelli ' (hereafter plaintiff) an investor in stocks, files this complaint against Shearson, Ham-mill & Co. Incorporated (hereafter defendant), a stock brokerage firm and several Does, alleging two causes of action. Initially, it should be noted that there is no provision in the Federal statutes or Federal Rules of Civil Procedure for use of fictitious parties. The Ninth Circuit has consistently rejected the inclusion of “Does” in the complaint and we do the same here. Fifty Associates v. Prudential Insurance Co., 446 F.2d 1187 (9th Cir.…
2Cases cited30 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Wilko v. SwanSupreme Court of the United States · 1953
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Kelly v. KosugaSupreme Court of the United States · 1959
- Fifty Associates, a Massachusetts Corporation v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1970
25 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Fisher v. A.G. Becker Paribas Inc.Court of Appeals for the Ninth Circuit · 1986
- Fed. Sec. L. Rep. P 98,309 Clarance B. Dickinson, a v. Heinold Securities, Inc.Court of Appeals for the Seventh Circuit · 1981
- George Corey, Trust Fund v. New York Stock ExchangeCourt of Appeals for the Sixth Circuit · 1982
- Harper Sibley, Jr., Cross v. Tandy Corporation, Tandy Corporation, CrossCourt of Appeals for the Fifth Circuit · 1976
- United States v. Kensington HospitalDistrict Court, E.D. Pennsylvania · 1991
37 more not listed; retrieve them via the Exa API.