Legal Opinion

Time, Inc., D/B/A Life v. Michael J. McLaney A/K/A Mike McLaney

Court of Appeals for the Fifth Circuit

Decided February 11, 1969No. 25585_1PublishedCited by 120 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

We are here presented with an unusual appeal, since it has heretofore hardly ever fallen to the lot of this court to consider an appeal from the denial by the trial court of a motion for summary judgment. Prior to the adoption by the Congress of the 1958 Amendment to 28 U.S.C.A. § 1292, by adding Section (b), no appeal could be taken from such an order by the trial court because it was not a “final order.” Now, however, this court has jurisdiction to entertain such an appeal when the provisions of Section (b) are complied with.1

Here the trial court made the required…

2Cases cited9 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. St. Amant v. ThompsonSupreme Court of the United States · 1968
  5. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967

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

3Cited by120 opinions

  1. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971
  2. Dupler v. Mansfield Journal Co.Ohio Supreme Court · 1980
  3. Nader v. De ToledanoDistrict of Columbia Court of Appeals · 1979
  4. Barry M. Goldwater v. Ralph Ginzburg, Warren Boroson, and Factmagazine, Inc.Court of Appeals for the Second Circuit · 1969
  5. Bon Air Hotel, Inc. v. Time, Inc. And Dan JenkinsCourt of Appeals for the Fifth Circuit · 1970

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

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