Legal Opinion
Joseph R. Armstrong, Sr. v. The Frostie Company, a New Jersey Corporation
Court of Appeals for the Fourth Circuit
Decided December 30, 1971No. 71-1434PublishedCited by 45 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
Joseph Armstrong appeals from an order of the district court that (1) vacated his notice of dismissal without prejudice of an action he had filed against The Frostie Company, and (2) granted summary judgment for Frostie. We affirm.
In response to Armstrong’s original complaint, Frostie filed an answer and a motion for summary judgment. At a hearing on the motion for summary judgment, the district court denied the motion, but entertained a motion to dismiss the complaint for failure to state a claim upon which relief could be granted. It then dismissed the complaint,…
2Cases cited6 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- Waller v. WallerCourt of Appeals of Maryland · 1946
- Butler v. DentonCourt of Appeals for the Tenth Circuit · 1945
- Rollison v. Washington Nat. Ins.Court of Appeals for the Fourth Circuit · 1949
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Fed. Sec. L. Rep. P 96,038 Randolph Phillips v. John E. Tobin, Ralph K. Gottshall, and Alleghany CorporationCourt of Appeals for the Second Circuit · 1976
- In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
- Marex Titanic, Inc. v. Wrecked & Abandoned VesselCourt of Appeals for the Fourth Circuit · 1993
- The Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. Homestake Mining Co.Court of Appeals for the Eighth Circuit · 1984
- Pedrina v. ChunCourt of Appeals for the Ninth Circuit · 1993
40 more not listed; retrieve them via the Exa API.