Legal Opinion
McElwain v. Wickwire Spencer Steel Co.
Court of Appeals for the Second Circuit
Decided February 21, 1942No. 188PublishedCited by 20 opinions
1Opinion of the Court
CHASE, Circuit Judge.
In this action, which was originally brought in the Supreme Court of New York for Niagara County to recover for permanent partial disability from an occupational disease and was removed to the District Court for the Western District of New York on the ground of diversity, a summary judgment for the defendant was entered upon its motion supported by affidavits and opposed with counter affidavits filed by the plaintiff. From that judgment under Rule 56 Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the plaintiff has taken an appeal.
It appears from the…
2Cases cited5 opinions
- Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940
- Baker v. GriceSupreme Court of the United States · 1898
- Miller v. MillerCourt of Appeals for the D.C. Circuit · 1941
- Arkansas Fuel Oil Co. v. Louisiana Ex Rel. MuslowSupreme Court of the United States · 1938
- Houghton Mifflin Co. v. Stackpole Sons, Inc.Court of Appeals for the Second Circuit · 1940
3Cited by20 opinions
- Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Toebelman v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Third Circuit · 1942
- Walling v. Fairmont Creamery Co.Court of Appeals for the Eighth Circuit · 1943
- Sprague v. VogtCourt of Appeals for the Eighth Circuit · 1945
- Snyder v. Dravo Corp.District Court, W.D. Pennsylvania · 1947
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