Legal Opinion
Equity Capital Company v. Myron Sponder, Individually and as Trustee, and Lawyers Title Guaranty Fund
Court of Appeals for the Fifth Circuit
Decided August 7, 1969No. 26705_1PublishedCited by 22 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge.
This case is a misfortune. Because the Trial Judge by his unrevealing order of dismissal for failure to state a claim presumably thought, with a good deal of justification, that the plaintiff would never succeed in its claim, he dismissed the claim and it now comes to us with the almost certain necessity of its being reversed because of the Trial Court’s failure to heed at this late date the concept of the Federal Rules. For one of the latest run-downs on the mortality rate of such rulings see Webb v. Standard Oil Co., 5 Cir., 1969, 414 F.2d 320. Now it must go back…
2Cases cited14 opinions
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Norman Millet v. Godchaux Sugars, Inc.Court of Appeals for the Fifth Circuit · 1957
- Beverly Carss v. Outboard Marine CorporationCourt of Appeals for the Fifth Circuit · 1958
- Lola Burton, as Administratrix of the Estate of William C. Burton v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1964
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
- 2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment ServiceCourt of Appeals for the Fifth Circuit · 1969
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Scutieri v. PaigeCourt of Appeals for the Eleventh Circuit · 1987
- Sheldon Engel v. Teleprompter CorporationCourt of Appeals for the Fifth Circuit · 1984
17 more not listed; retrieve them via the Exa API.