Legal Opinion
Phillip H. Mann v. Merrill Lynch, Pierce, Fenner and Smith, Inc.
Court of Appeals for the Fifth Circuit
Decided December 7, 1973No. 73-1915PublishedCited by 42 opinions
1Per curiam
Appellant Mann questions whether, the doctrine of res judicata was a proper predicate for the dismissal of his diversity complaint in the District Court.
The First Suit. In 1971, Mann filed a complaint against Merrill Lynch alleging wrongs sounding in contract essentially the same as those claimed in the present case. In March of that year, his complaint was dismissed for want of allegations establishing diversity jurisdiction, with leave to amend within 10 days. On April 22, 1971, the complaint was dismissed for failure to obey the Court’s March order. Two motions to vacate the dismissal were…
2Cases cited2 opinions
- Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
- Linda Roberta POND, Plaintiff-Appellant, v. BRANIFF AIRWAYS, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
3Cited by42 opinions
- Yourish v. California AmplifierCourt of Appeals for the Ninth Circuit · 1999
- Applied Underwriters, Inc. v. Larry LichteneggerCourt of Appeals for the Ninth Circuit · 2019
- Gaf Corporation v. United States of America. Keene Corporation v. United States of America. Eagle-Picher Industries, Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1987
- James J. Dozier v. Ford Motor CompanyCourt of Appeals for the D.C. Circuit · 1983
- Hertz Corp. v. Alamo Rent-A-Car, Inc.Court of Appeals for the Eleventh Circuit · 1994
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