Legal Opinion
Ockert v. Union Barge Line Corp.
Court of Appeals for the Third Circuit
Decided June 27, 1951No. 10405_1PublishedCited by 56 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
This appeal concerns the civil action brought by the plaintiff as a seaman claiming damages for personal injuries from the defendant by whom he was employed as a deckhand. The subject-matter of the appeal is not concerned with the facts of the plaintiff’s employment or the evidence on which his claim is based. The determining point is a question of law and has to do with the application of Rule 41(a) of the Rules of Civil Procedure, 28 U.S.C.A.
This Rule provides:
“Rule 41. Dismissal of Actions
“(a) Voluntary Dismissal: Effect Thereof
“(1) By Plaintiff; by Stipulation. * *…
2Cases cited18 opinions
- Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
- HOME OWNERS'LOAN CORPORATION v. HuffmanCourt of Appeals for the Eighth Circuit · 1943
- Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939
- Boaz v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1944
- New York, C. & St. L. R. Co. v. VardamanCourt of Appeals for the Eighth Circuit · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Dan Smoot v. Honorable Noel P. Fox, United States District Judge for the Western District of MichiganCourt of Appeals for the Sixth Circuit · 1964
- Stephen G. Conafay, an Infant, by His Father and Next Friend Stephen R. Conafay v. Wyeth Laboratories, a Division of American Home Products Corp.Court of Appeals for the D.C. Circuit · 1986
- John Ferguson, Jr. v. George H. Eakle John Ferguson, Jr. Lois KittredgeCourt of Appeals for the Third Circuit · 1974
- Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973
51 more not listed; retrieve them via the Exa API.