Legal Opinion

Wymard v. McCloskey & Co.

District Court, E.D. Pennsylvania

Decided October 8, 1964No. Civ. A. No. 28147Published

1Opinion of the Court

WOOD, District Judge.

On May 13, 1963, we entered judgment in favor of the plaintiff Receivers in this plenary action to recover a contract claim against the defendant, McCloskey & Company (McCloskey).1 Subsequently, Mc-Closkey appealed to the United States Court of Appeals for the Third Circuit which vacated the judgment and remanded the matter to the District Court on June 18, 1964.2

A rehearing en banc was held on September 17, 1964, and the Court of Appeals vacated its prior Order, but remanded the case for further proceedings by its Order of September 21, 1964, which reads in part as…

2Cases cited12 opinions

  1. National Mutual Insurance v. Tidewater Transfer Co.Supreme Court of the United States · 1949
  2. Kerr Steamship Co. v. United StatesSupreme Court of the United States · 1962
  3. Schumacher v. BeelerSupreme Court of the United States · 1934
  4. Williams v. AustrianSupreme Court of the United States · 1947
  5. Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961

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