Legal Opinion
Holt v. Utility Trailers Manufacturing Co.
District Court, E.D. Tennessee
Decided May 13, 1980No. CIV-2-79-48, CIV-2-79-97PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
NEESE, District Judge.
The defendant (and also third-party plaintiff) and the third-party defendant, each, moved for a continuance of the consolidated trial of these actions, on the ground that unexpectedly a material expert witness Mr. Robert E. Herfert will not be able to testify due to illness. 1 Although the matter is not entirely free of doubt, the Court thinks that good cause has been shown. See Local Rule 7.
A crucial issue of fact herein, in both the original and third-party claims, is whether certain steel-rivets were defective. It is represented that Mr. Herfert…
2Cases cited18 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Johnson v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1952
- United States v. Hayward Leslie BrownCourt of Appeals for the Sixth Circuit · 1977
- United States v. Phillip Brooks BarkerCourt of Appeals for the Sixth Circuit · 1977
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3Cited by1 opinion
- United States v. Benjamin JamilCourt of Appeals for the Second Circuit · 1983