Legal Opinion
John Beary v. City of Rye
Court of Appeals for the Second Circuit
Decided June 13, 1979No. 774, Docket 79-7022PublishedCited by 12 opinions
1Opinion of the Court
OAKES, Circuit Judge:
This appeal is an example of a trial court’s permitting its zeal for clearing its calendar to overcome the right of a party to a full and fair trial on the merits. Because' we believe that the United States District Court for the Southern District of New York, Lloyd F. MacMahon, Judge, erroneously required the appellant, who was the plaintiff below, to rest at the conclusion of the testimony of three witnesses on the first day of trial, we reverse the judgment granting dismissal of the complaint made orally by the court immediately after it declared the plaintiff at rest…
2Cases cited8 opinions
- Edward Davis v. United Fruit Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1969
- Mohamed Ali and Nadia Ali v. A & G Company, Inc. And Saadi IbrahimCourt of Appeals for the Second Circuit · 1976
- Frederick Michelsen v. Moore-Mccormack Lines, Inc.Court of Appeals for the Second Circuit · 1970
- Richard A. Peterson v. Term Taxi Inc. (Sued Herein as Terminal Taxi Inc.), John Diaz and Miriam HayesCourt of Appeals for the Second Circuit · 1970
- James C. Winston v. Prudential Lines, Inc.Court of Appeals for the Second Circuit · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Outley v. City of New YorkCourt of Appeals for the Second Circuit · 1988
- Joan Cody v. Keith Mello and Thomas MurrayCourt of Appeals for the Second Circuit · 1995
- James L. HARDING, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
- Gene Merker and Timothy Ebneth v. Robin Rice, Gordon Car & Truck Rental, Avis Rent-A-Car Systems, Inc.Court of Appeals for the Second Circuit · 1981
- State v. SchreinerNebraska Supreme Court · 2008
7 more not listed; retrieve them via the Exa API.