Legal Opinion

Allied Poultry Processors Co. v. Polin

District Court, D. Delaware

Decided June 14, 1955No. Civ. A. 1693PublishedCited by 7 opinions

1Opinion of the Court

RODNEY, District Judge.

This matter involves priority of discovery process under various Rules of Civil Procedure, but presents, for prior disposition, the issue of jurisdiction when such jurisdiction is duly alleged in the complaint and specifically denied in the answer.

The complaint filed March 31, 1955 alleges a jurisdictional amount and is based on diversity of citizenship. It alleges that the defendants, occupying positions of trust and confidence in the plaintiff company, were guilty of breaches of trust and misappropriation of funds to the detriment of the plaintiff company; and the…

2Cases cited5 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
  3. Page v. WrightCourt of Appeals for the Seventh Circuit · 1940
  4. Smith v. SperlingDistrict Court, S.D. California · 1953
  5. Paramino Lumber Co. v. MarshallDistrict Court, W.D. Washington · 1937

3Cited by7 opinions

  1. Davis v. RomneyDistrict Court, E.D. Pennsylvania · 1971
  2. Rosee v. Board of TradeDistrict Court, N.D. Illinois · 1965
  3. Betlyon v. ShyDistrict Court, D. Delaware · 1983
  4. Coastal States Gas Corp. v. Department of EnergyDistrict Court, D. Delaware · 1979
  5. Twardzik v. SepauleyDistrict Court, E.D. Pennsylvania · 1968

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