Legal Opinion
Englert v. S. Birch & Sons Const. Co.
Court of Appeals for the Ninth Circuit
Decided June 27, 1947No. 11313PublishedCited by 3 opinions
1Opinion of the Court
MATHEWS, Circuit Judge.
Appellant (F. J. Englert) brought an action against appellees (S. Birch & Sons Construction Company and Morrison-Knudsen Company). The complaint was in four counts. Appellees answered, a trial was had, and a judgment was entered dismissing counts 1-3 and granting in part the relief sought in count 4. From so much of the judgment as dismissed counts 1-3 this appeal is prosecuted.
Count 1 stated a claim of appellant. Count 2 stated a claim assigned to appellant by Donald D. Stuart. Count 3 stated a claim assigned to appellant by John A. Rude.
All the claims were based on §§…
2Cases cited30 opinions
- Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- McLeod v. ThrelkeldSupreme Court of the United States · 1943
- D. A. Schulte, Inc. v. GangiSupreme Court of the United States · 1946
- Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
25 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Maitrejean v. Metcalfe Construction Co.Court of Appeals for the Eighth Circuit · 1948
- Soderberg v. S. Birch & Sons Const. Co.Court of Appeals for the Ninth Circuit · 1947
- Wirtz v. National Electric Co.District Court, W.D. Oklahoma · 1968