Legal Opinion

Charles Hill v. W. Bruns & Co.

Court of Appeals for the Second Circuit

Decided June 5, 1974No. 786, Docket 73-1383PublishedCited by 44 opinions

1Opinion of the Court

OAKES, Circuit Judge:

Plaintiff-appellant’s appeal is from the grant of a motion for summary judgment by Judge Neaher on the ground of laches. In granting the summary judgment, the judge treated the action as having been commenced, as technically it was, on March 20, 1972. In doing so, however, he did not take into account a previous action brought on this same cause against this same defendant-appellee on May 15, 1970. In that earlier action a motion to dismiss on the ground of laches was denied by Judge Zavatt; the action was voluntarily dismissed — without prejudice, however — on the basis…

2Cases cited9 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Gardner v. Panama RailroadSupreme Court of the United States · 1951
  3. Russell v. ToddSupreme Court of the United States · 1940
  4. Czaplicki v. the Hoegh SilvercloudSupreme Court of the United States · 1956
  5. Demetrios Larios v. Victory Carriers, Inc., and Alexander S. Onassis Corp., and Boyd, Weir & Sewell, Inc., and Cia, Salaminia De Naviera S.A.Court of Appeals for the Second Circuit · 1963

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3Cited by44 opinions

  1. Richard L. Sandstrom, Etc. v. Chemlawn CorporationCourt of Appeals for the First Circuit · 1990
  2. Goodman v. McDonnell Douglas Corp.Court of Appeals for the Eighth Circuit · 1979
  3. In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
  4. Ronald J. Cornetta v. The United States of America and John Lehman, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1988
  5. Joseph Montalbano v. Easco Hand Tools, Inc., the Moore Company, the Stanley Works, Nannen American Corporation and Oh Industries, Rickles Home CentersCourt of Appeals for the Second Circuit · 1985

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