Legal Opinion
Placid Oil Co. v. Ashland Oil, Inc.
Temporary Emergency Court of Appeals
Decided March 6, 1986No. 5-117PublishedCited by 13 opinions
1Opinion of the Court
DUNIWAY, Judge:
This case presents two technical questions: whether this court has jurisdiction, *1129and whether, on appeal from a judgment of dismissal without prejudice, we can review denial of a motion for partial summary judgment. It also presents a question of what remedy is available when a party repeatedly says that it has abandoned or will abandon certain claims with prejudice and then does not do so. In this respect, this case is almost sui generis to the members of this panel.
I. Facts.
Placid Oil Company filed this action in Texas state court in Dallas on March 20, 1985. The pertinent…
2Cases cited21 opinions
- Pitney Bowes, Inc., Cross-Appellee v. Celina Mestre, Personal Representative of the Estate of Luis Mestre, Deceased, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- The State of New York v. The Nuclear Regulatory CommissionCourt of Appeals for the Second Circuit · 1977
- Deborah M. Bertrand, Etc. v. International Mooring & Marine, Inc. v. Fidelity & Casualty CompanyCourt of Appeals for the Fifth Circuit · 1983
- The State of Washington, Etc. v. The American League of Professional Baseball ClubsCourt of Appeals for the Ninth Circuit · 1972
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.Court of Appeals for the Ninth Circuit · 1992
- Bill Phillips v. Illinois Central Gulf RailroadCourt of Appeals for the Fifth Circuit · 1989
- Simmons Oil Corporation (A/k/a David Christopher Corporation) v. Tesoro Petroleum CorporationCourt of Appeals for the Federal Circuit · 1996
- Barhold v. RodriguezCourt of Appeals for the Second Circuit · 1988
- American Motorists Insurance Company v. United Furnace Co., Inc., F/k/a "United Foundry,"Court of Appeals for the Second Circuit · 1989
8 more not listed; retrieve them via the Exa API.