Legal Opinion

De Luca v. Atlantic Refining Co.

Court of Appeals for the Second Circuit

Decided July 18, 1949No. 19, Docket 20998PublishedCited by 67 opinions

1Opinion of the Court

L. HAND, Chief Judge.

The plaintiff appeals (1) from a judgment summarily dismissing his complaint in an action to recover damages for injuries done by the defendant to his real estate in the State of Pennsylvania; and (2) from an order denying him leave to amend the complaint. The plaintiff is a citizen of New York, the defendant is a Pennsylvania corporation, and the jurisdiction of the district court depends upon diverse citizenship. The litigation has had a long history, and, as the defence is the Statute of Limitations, it will be necessary to state the earlier proceedings in a little…

2Cases cited10 opinions

  1. United States v. ClassicSupreme Court of the United States · 1941
  2. Burnet v. Commonwealth Improvement Co.Supreme Court of the United States · 1932
  3. Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
  4. Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
  5. Duignan v. United StatesSupreme Court of the United States · 1927

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3Cited by67 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Middle Atlantic Utilities Co. v. S. M. W. Development Corp.Court of Appeals for the Second Circuit · 1968
  3. Robin Construction Company, a Corporation of New Jersey, Richard D. Masia and Judith Masia v. United StatesCourt of Appeals for the Third Circuit · 1965
  4. Rex Applegate v. Top Associates, Inc., Theodore O. ProunisCourt of Appeals for the Second Circuit · 1970
  5. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986

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