Legal Opinion
Johnston v. Earle
District Court, D. Oregon
Decided May 2, 1958No. Civ. 9326PublishedCited by 4 opinions
1Opinion of the Court
EAST, District Judge.
A short synopsis of the prior litigation in this case will be of some interest, and aid in arriving at a just determination of the present issues.
On July 5, 1949, plaintiff herein brought an action against the United States under the Federal Tort Claims Act, 60 Stat. 842, 28 U.S.C.A. § 1346 (1950 ed.) and 28 U.S.C.A. § 2671 et seq. (1950 ed.). The complaint sounds primarily in trespass; however, negligence is also alleged. As set out in the pretrial order in that cause, the conduct giving rise to the litigation was the seizure on July 10,1948, of a D-8 Caterpillar tractor…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bell v. HoodSupreme Court of the United States · 1946
- Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
- Tennessee v. DavisSupreme Court of the United States · 1880
- Strachman v. PalmerCourt of Appeals for the First Circuit · 1949
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3Cited by4 opinions
- Pennsylvania Turnpike Commission v. McGinnesDistrict Court, E.D. Pennsylvania · 1959
- Ove Gustavsson Contracting Co. v. FloeteDistrict Court, E.D. New York · 1959
- DeCicco v. Uniroyal, Inc.District Court, D. Oregon · 1968
- Northwest Pipe & Casing Co. v. Standard Wholesale Supply Co. (In re Northwest Pipe & Casing Co.)United States Bankruptcy Court, D. Oregon · 1986