Legal Opinion
Tammy Burke, Royal Insurance Company, Linda Burke Daniels, Plaintiff-Third-Party v. John Smith, Heyl Truck Lines, Inc., Defendants-Third-Party
Court of Appeals for the Third Circuit
Decided May 31, 2001No. 00-15088PublishedCited by 143 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
John Smith and Heyl Truck Lines, Inc. (collectively, the “Defendants”) appeal the district court’s order setting aside the dismissal of a wrongful death action filed against them by four plaintiffs. The district court initially dismissed the action pursuant to a voluntary settlement agreement and release. Subsequently, Tammy Burke (“Tammy”), one of the plaintiffs in the action, filed a motion for relief from judgment of dismissal, which the court granted pursuant to Fed.R.Civ.P. 60(b)(4). For reasons expressed below, we affirm in part and vacate in part, holding that…
2Cases cited25 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Hanna v. PlumerSupreme Court of the United States · 1965
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
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3Cited by143 opinions
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- Sloss Industries Corporation v. EurisolCourt of Appeals for the Eleventh Circuit · 2007
- Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)Court of Appeals for the Eleventh Circuit · 2014
- AT&T Mobility, LLC v. YeagerDistrict Court, E.D. California · 2015
- Lynch, Inc. v. Samatamason Inc.Court of Appeals for the Seventh Circuit · 2002
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