Larter & Sons, Inc. v. Dinkler Hotels Co., Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from a judgment-dismissing the action. The motion to dismiss was filed by one of the defendants, Dinkier Hotels Company, Inc. So far as-the record shows, the other defendant,. Atlanta Baggage & Cafo Company, did not enter an appearance. As to that defendant, it is apparent that the dismissal was inadvertent, and that the judgment must be reversed insofar as it is concerned.
Dinkier Hotels Company’s motion to dismiss was based upon two grounds: one, the general ground that the complaint fails to state a claim against this defendant upon which relief can be…
2Cases cited5 opinions
- Baldwin v. Iowa State Traveling Men's Assn.Supreme Court of the United States · 1931
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Chappell v. GoltsmanCourt of Appeals for the Fifth Circuit · 1950
- Jarrard v. Southeastern Shipbuilding CorporationCourt of Appeals for the Fifth Circuit · 1947
- Darling Stores Corporation v. BeatusSupreme Court of Georgia · 1945
3Cited by35 opinions
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- Johnson v. SpencerCourt of Appeals for the Tenth Circuit · 2020
- Westwood Chemical Co., Inc. v. Richard W. Kulick, Arthur Fletcher, and Lenape Chemicals, Inc., Garry B. Curtiss and Joseph Drasner, Movants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
- Ellis v. CrockettHawaii Supreme Court · 1969
- Boyd v. Jamaica Plain Co-Operative BankMassachusetts Appeals Court · 1979
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