Legal Opinion
Davis Elliott International, Inc. v. Pan American Container Corp.
Court of Appeals for the Third Circuit
Decided May 2, 1983No. 82-1531PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Plaintiff appeals from the district court’s sua sponte entry of summary judgment for the defendant, entered before responses to discovery requests were filed, without notice to the parties that disposition on the merits was being considered, and without a hearing. Because the district court’s action departed from the orderly procedures required and contemplated by the Federal Rules of Civil Procedure, we reverse.
Plaintiff Davis Elliott International, Inc. (Davis), an exporter of goods to foreign countries, sued Pan American Corp. (Pan American),…
2Cases cited9 opinions
- Bryson, Paul E. v. Brand Insulations, Inc.Court of Appeals for the Third Circuit · 1980
- Preterm, Inc. v. Michael S. Dukakis, Parents' Aid Society, Inc. v. Alexander E. Sharp Ii, Parents' Aid Society, Inc. v. Alexander E. Sharp IICourt of Appeals for the First Circuit · 1979
- United States v. The Fisher-Otis Company, Inc., and Roy Fisher, Jr., Raymond H. CoitCourt of Appeals for the Tenth Circuit · 1974
- Otis Sims v. Mercy Hospital of MonroeCourt of Appeals for the Sixth Circuit · 1971
- Crown Central Petroleum Corporation v. Waldman, Carl J.Court of Appeals for the Third Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Rose v. BartleCourt of Appeals for the Third Circuit · 1989
- In Re Rockefeller Center Properties, Inc.Court of Appeals for the Third Circuit · 1999
- In Re Rockefeller Center Properties, Inc. Securities LitigationCourt of Appeals for the Third Circuit · 1999
- Gibson v. Mayor And Council Of The City Of WilmingtonCourt of Appeals for the Third Circuit · 2004
- Gamma-10 Plastics, Inc., and Cross-Appellee v. American President Lines, Ltd. American President Companies, Ltd., AndCourt of Appeals for the Eighth Circuit · 1994
28 more not listed; retrieve them via the Exa API.