Legal Opinion

Robert W. Johnston v. H. G. Cartwright

Court of Appeals for the Eighth Circuit

Decided April 29, 1965No. 17898PublishedCited by 19 opinions

1Per curiam

The motion of appellee to dismiss the appeal for want of “any order from which an appeal lies” [Rule 54(a), Rules of Civil Procedure, 28 U.S.C.A.] is denied.

The appeal was taken from an order of the District Court which dismissed an action for libel as to one of the three defendants against whom it had been jointly brought, on the ground of failure of the complaint to state a claim upon which relief could be granted as to such defendant (appellee here).

The order did not contain “an express determination that there is no just reason for delay and * * * an express direction for the entry of…

2Cases cited2 opinions

  1. Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1959
  2. Paul Rosso v. Daniel B. MagrawCourt of Appeals for the Eighth Circuit · 1961

3Cited by19 opinions

  1. Heather Wilkinson v. Jacob Allen Shackelford Michelin North America, Inc.Court of Appeals for the Eighth Circuit · 2007
  2. Robert W. Johnston v. H. G. Cartwright, Kiowa Corporation, Walter Brown and H. G. Cartwright v. Robert W. JohnstonCourt of Appeals for the Eighth Circuit · 1966
  3. Schoeman v. New York Life InsuranceWashington Supreme Court · 1986
  4. Porter v. WilliamsCourt of Appeals for the Eighth Circuit · 2006
  5. State Ex Rel. Zidell v. JonesOregon Supreme Court · 1986

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