Legal Opinion

McDonald v. E. J. Lavino Co.

Court of Appeals for the Fifth Circuit

Decided July 31, 1970No. 28402PublishedCited by 152 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge.

This appeal is the result of a drama played out in an Alabama courtroom against the backdrop of a Mississippi statute. The dramatis personae included an injured employee, his employer’s workmen’s compensation carrier, a third-party tortfeasor, and lawyers who were never able to reach agreement on how to settle the compensation carrier’s subrogation interest. The issue now before us arose when the trial court denied the compensation carrier’s motion to intervene filed one day after judgment. The carrier now appeals, challenging the court’s conclusion that the motion was…

2Cases cited14 opinions

  1. Diaz v. Southern Drilling Corp.Court of Appeals for the Fifth Circuit · 1970
  2. Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
  3. Smith Petroleum Service, Inc. v. Monsanto Chemical Company, Monsanto Chemical Company v. Smith Petroleum Service, Inc.Court of Appeals for the Fifth Circuit · 1970
  4. Simms v. AndrewsCourt of Appeals for the Tenth Circuit · 1941
  5. Washington Gas Light Co. v. Baker. Public Utilities Commission of District of Columbia v. Baker. Case v. BakerCourt of Appeals for the D.C. Circuit · 1951

9 more not listed; retrieve them via the Exa API.

3Cited by152 opinions

  1. National Ass'n for the Advancement of Colored People v. New YorkSupreme Court of the United States · 1973
  2. Lawton Chiles, Jr., Bob Martinez, Metropolitan Dade County, Intervenors-Appellants v. Richard Thornburgh, Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 1989
  3. Sierra Club v. EspyCourt of Appeals for the Fifth Circuit · 1994
  4. Piambino v. BaileyCourt of Appeals for the Fifth Circuit · 1980
  5. Robert Blake v. Sant Pallan v. Willie R. Barnes, Commissioner of Corporations of the State of California, Plaintiff-In-Intervention/appellantCourt of Appeals for the Ninth Circuit · 1977

147 more not listed; retrieve them via the Exa API.

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