Legal Opinion

Kilpatrick v. Texas & P. Ry. Co.

Court of Appeals for the Second Circuit

Decided March 4, 1948No. 169 and 170, Dockets 20863, 20864PublishedCited by 80 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

These are appeals in two actions at law under the Federal Employers’ Liability Act. As the complaints, motions and affidavits, and the court’s action upon them were the same in both actions, it will be plainer to speak of them as though there had been only one. Each appeal is from two orders: One vacated a notice of dismissal served by the plaintiff before answer, and stayed the further prosecution of an action commenced later in the same court upon the same claim by the same plaintiff against the same defendant; the other denied the plaintiff’s motion for leave to…

2Cases cited11 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Pennoyer v. NeffSupreme Court of the United States · 1878
  4. Hess v. PawloskiSupreme Court of the United States · 1927
  5. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907

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3Cited by80 opinions

  1. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  2. Freestream Aircraft (Bermuda) v. Aero Law GroupCourt of Appeals for the Ninth Circuit · 2018
  3. Edward O. Thorp v. John Scarne and Simon & Schuster, Inc.Court of Appeals for the Second Circuit · 1979
  4. Elkhart Engineering Corporation v. Dornier WerkeCourt of Appeals for the Fifth Circuit · 1965
  5. Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973

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