Legal Opinion
Safeway Stores v. Marvin Fannan, Marvin Fannan v. Safeway Stores
Court of Appeals for the Ninth Circuit
Decided September 11, 1962No. 17315_1PublishedCited by 36 opinions
1Opinion of the Court
JAMES M. CARTER, District Judge.
This case presents the question as to whether or not in a situation where a defendant has made a motion for a directed verdict, the Court may, on its own motion, grant a dismissal without prejudice. There is also presented the question as to whether or not the plaintiff’s proof was sufficient to entitle him to go to the jury.
Cross appeals are presented. Marvin Fannan, plaintiff below, appeals from an order of dismissal without prejudice under Rule 41(b), F.R.Civ.P. 28 U.S.C.A. 1 Safeway Stores Inc., defendant below, appeals from the refusal of the trial court…
2Cases cited31 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1954
26 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Backlund v. BarnhartCourt of Appeals for the Ninth Circuit · 1985
- Jehan Zeb Mir v. Richard G. Fosburg, Perry Ah-Tye, and Horrace WardenCourt of Appeals for the Ninth Circuit · 1980
- Richard W. Neely v. St. Paul Fire and Marine Insurance Company and Standard Oil Company of CaliforniaCourt of Appeals for the Ninth Circuit · 1978
- Backlund v. BarnhartCourt of Appeals for the Ninth Circuit · 1985
31 more not listed; retrieve them via the Exa API.