Legal Opinion

United States ex rel. Acme Granite & Tile Co. v. F. D. Rich Co.

Court of Appeals for the Ninth Circuit

Decided April 8, 1971No. Nos. 23744, 23745, 23752 and 23753PublishedCited by 5 opinions

1Opinion of the Court

Opinion on Petition for Rehearing

2Per curiam

In a petition for rehearing, F. D. Rich Company, Incorporated, urges that this court has erred in the application of state law.

As noted in our original opinion, 437 F.2d 549 (9th Cir. 1970), Washington law provided when the case was tried in the District Court that the dissolution of a corporation abated any action in which the dissolved corporation was a plaintiff. Washington law with reference to the rights of creditors and shareholders of dissolved corporations makes it clear, however, that even though a procedural rule formerly abated a pending action in…

3Cases cited5 opinions

  1. Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
  2. State ex rel. Everett Trust & Savings Bank v. Pacific Waxed Paper Co.Washington Supreme Court · 1945
  3. United States ex rel. Acme Granite & Tile Co. v. F. D. Rich Co.Court of Appeals for the Ninth Circuit · 1970
  4. Mayflower Realty Co. v. Security Savings & Loan SocietyWashington Supreme Court · 1937
  5. United States v. Spokane Mill Co.District Court, E.D. Washington · 1913

4Cited by5 opinions

  1. In Re Baycol Products LitigationCourt of Appeals for the Eighth Circuit · 2010
  2. United States v. Rich CompanyCourt of Appeals for the Ninth Circuit · 1971
  3. American Renaissance Lines, Inc. v. Saxis Steamship Co.District Court, E.D. New York · 1976
  4. ELMEGREEN v. MERCK & CO., INC.District Court, E.D. Pennsylvania · 2021
  5. Shahrokhi v. HarterDistrict Court, D. Nevada · 2023

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