Legal Opinion
James L. Lester, Administrator of the Estate of Flossie Mae Garner Brown, Deceased v. Heyward McFaddon and Cameron Lumber Company
Court of Appeals for the Fourth Circuit
Decided September 15, 1969No. 12875_1PublishedCited by 80 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The defendant in this wrongful death action questions the District Court’s findings of fact and the admission of certain evidence. We think the receipt of the challenged evidence in a case being tried to the Court without a jury was not erroneous and the findings of fact not clearly so within the meaning of Rule 52 of F.R.Civ.P. Sua sponte, however, this court raised a substantial jurisdictional question which merits our attention. We conclude that maintenance of the action in the District Court was barred by 28 U.S.C.A. § 1359, but equitable considerations impel us to…
2Cases cited31 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Desist v. United StatesSupreme Court of the United States · 1969
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
26 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Mendes v. JohnsonDistrict of Columbia Court of Appeals · 1978
- Lawrence W. Lambert v. David R. Conrad and Martha CarlsonCourt of Appeals for the Seventh Circuit · 1976
- Kevin Gross, as Receiver for Hougland Barge Line, Inc., a Dissolved Delaware Corporation v. Frances M. HouglandCourt of Appeals for the Sixth Circuit · 1983
- 28 Fair empl.prac.cas. 130, 28 Empl. Prac. Dec. P 32,478 Ollie T. Hill, John W. Ward, Charles R. Merriwether, Jr., Edward H. Minatee, Minnie Marble, Mary E. Carter, Individually and on Behalf of All Other Persons Similarly Situated v. Western Electric Company, Inc., Equal Employment Advisory Council, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1982
- De La Rosa v. Reliable, Inc.District Court, D. New Mexico · 2015
75 more not listed; retrieve them via the Exa API.