Legal Opinion

William Morris Jeanne Morris v. Morgan Stanley & Co. Randal Longfield

Court of Appeals for the Ninth Circuit

Decided September 9, 1991No. 89-15727, 89-16129PublishedCited by 614 opinions

1Opinion of the Court

BRUNETTI, Circuit Judge:

William and Jeanne Morris appeal from a July 1989 Order of the District Court for the Northern District of California dismissing their action for failure to prosecute under Federal Rule of Civil Procedure 41(b). We review a dismissal under Rule 41(b) for abuse of discretion. Carey v. King, 856 F.2d 1439, 1440 (9th Cir.1988) (per curiam). Appellants also assert the district court was without jurisdiction to issue either the order dismissing their suit or a subsequent order clarifying the order dismissing the action. The existence of subject matter jurisdiction is a…

2Cases cited13 opinions

  1. Gregory Carey v. John E. KingCourt of Appeals for the Ninth Circuit · 1988
  2. Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
  3. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  4. Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980
  5. The Anaconda v. American Sugar Refining Co.Supreme Court of the United States · 1944

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3Cited by614 opinions

  1. In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
  2. In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. Intergen N v. v. GrinaCourt of Appeals for the First Circuit · 2003
  4. Elpidio Oliva v. Louis W. Sullivan, SecretaryCourt of Appeals for the Ninth Circuit · 1992
  5. Mark A. Ball v. City of Chicago and Alfred S. Schultz, Individually and as Agent of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1993

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