Legal Opinion

Kramer v. Smith Barney

Court of Appeals for the Fifth Circuit

Decided April 23, 1996No. 95-10441PublishedCited by 59 opinions

1Opinion of the Court

SCHWARZER, District Judge:

Dr. Quentin T. Kramer brought this action in Texas state court, alleging state law claims for fraud, negligence, securities violations, and breach of contract arising out of purchases of partnership interests from defendants Smith Barney, Inc. and Larry F. Robb. Defendants removed the action to the district court which then granted their motion to dismiss the action under Fed.R.Civ.P. 12(b)(6) as untimely. Kramer appealed. We have jurisdiction under 28 U.S.C. § 1291 and remand with directions.

FACTS

Kramer brought this action as an individual and as trustee of two…

2Cases cited21 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989

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3Cited by59 opinions

  1. Lopresti v. TerwilligerCourt of Appeals for the Second Circuit · 1997
  2. Custer v. SweeneyCourt of Appeals for the Fourth Circuit · 1996
  3. McClelland v. GronwaldtCourt of Appeals for the Fifth Circuit · 1998
  4. Smith v. Provident BankCourt of Appeals for the Sixth Circuit · 1999
  5. Joseph J. Simon v. Pfizer IncorporatedCourt of Appeals for the Sixth Circuit · 2005

54 more not listed; retrieve them via the Exa API.

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