Legal Opinion
Woodward v. D. H. Overmyer Co.
Court of Appeals for the Second Circuit
Decided June 9, 1970No. Nos. 800, 801 and 802, Dockets 34606, 34748 and 34749PublishedCited by 38 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge.
This action by six partners of Woodward-Clyde-Sherard & Associates (sometimes hereafter “the Woodward partners”) to foreclose a second mortgage on property in Albany County, N.Y., executed by D. H. Overmyer Co., Inc., a New York corporation (Overmyer N.Y.), in order to secure notes signed by D. H. Overmeyer Co., Inc., an Ohio corporation (Overmyer Ohio), and for a deficiency judgment, has given rise to a number of procedural problems.
The most important is whether the action is properly in federal court at *882all. The complaint was filed in the Supreme Court of New York…
2Cases cited7 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Colonial Realty Corporation v. Bache & Co.Court of Appeals for the Second Circuit · 1966
- Handley-Mack Co. v. Godchaux Sugar Co.Court of Appeals for the Sixth Circuit · 1924
- Bailey v. Texas Co.Court of Appeals for the Second Circuit · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In Re 1994 Exxon Chemical FireCourt of Appeals for the Fifth Circuit · 2009
- John B. Hull, Inc., the Sandmeyer Oil Company, Community Petroleum Products, Inc., and Dutchess Auto Co. v. Waterbury Petroleum Products, Inc.Court of Appeals for the Second Circuit · 1978
- Korea Exchange Bank, New York Branch v. Trackwise Sales Corp. Moo Sung Ko and Young S. Ko.Court of Appeals for the Third Circuit · 1995
- Brendan Holbein v. Baxter Chrysler Jeep, Inc.Court of Appeals for the Eighth Circuit · 2020
- Carlsberg Resources Corporation v. Cambria Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1977
33 more not listed; retrieve them via the Exa API.