Legal Opinion
Walker Distributing Company v. Lucky Lager Brewing Company
Court of Appeals for the Ninth Circuit
Decided September 6, 1963No. 18222_1PublishedCited by 89 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge.
This case presents the question of the sufficiency of counts two and three of a second amended countex’claim, i. e., does either of those counts state a claim upon *3which relief can be granted? (F.R.Civ.P. 12(b) (6)) The trial court ruled that they do not, having similarly ruled upon similar counts which appeared for the first time in an amended counterclaim. Thereafter, the counterclaimants, appellants here, made a motion for final judgment in which they stated:
“That the counter-defendants [sic] herein do not desire to and cannot further amend the second amended…
2Cases cited40 opinions
- United States v. Colgate & Co.Supreme Court of the United States · 1919
- White Motor Co. v. United StatesSupreme Court of the United States · 1963
- United States v. Parke, Davis & Co.Supreme Court of the United States · 1960
- Standard Oil Co. of California v. United StatesSupreme Court of the United States · 1949
- Radovich v. National Football LeagueSupreme Court of the United States · 1957
35 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Joseph E. Seagram & Sons, Inc. v. Hawaiian Oke & Liquors, Ltd.Court of Appeals for the Ninth Circuit · 1969
- Industrial Building Materials, Inc. v. Interchemical CorporationCourt of Appeals for the Ninth Circuit · 1971
- Franchise Realty Interstate Corporation and McDonald Systems of California, Inc. v. San Francisco Local Joint Executive Board of Culinary WorkersCourt of Appeals for the Ninth Circuit · 1976
84 more not listed; retrieve them via the Exa API.