Legal Opinion
McNeil Construction Co. v. Livingston State Bank
District Court, D. Montana
Decided September 30, 1957No. Civ. 94PublishedCited by 7 opinions
1Opinion of the Court
JAMESON, District Judge.
Defendant has moved the court to dismiss (1) on the ground that under the provisions of Section 1406, Title 28 U.S. C. the action is filed in the wrong division, and (2) because the complaint fails to state claim upon which relief can be granted; or, in the event the action is not dismissed, (3) to transfer the action to the Helena Division, and (4) to require the joinder of Seaboard Surety Company as a party plaintiff. Plaintiff has filed a motion for summary judgment.
Before passing upon the other motions, it should be determined whether the action should be…
2Cases cited3 opinions
- Jenner v. MurrayCourt of Appeals for the Fifth Circuit · 1929
- Standish v. Gold Creek Mining Co.Court of Appeals for the Ninth Circuit · 1937
- Patrick Jobbing Co. v. Globe & Rutgers Fire Ins.District Court, W.D. Virginia · 1927
3Cited by7 opinions
- McNeil Construction Company, a Corporation v. The Livingston State Bank, a Montana State BankCourt of Appeals for the Ninth Circuit · 1962
- Guy F. Atkinson Company v. City of SeattleDistrict Court, W.D. Washington · 1958
- McNeil Construction Company, a Corporation v. Livingston State Bank, a CorporationCourt of Appeals for the Ninth Circuit · 1959
- Tassie v. Continental Oil Co.District Court, D. Montana · 1964
- Libby v. RussellDistrict Court, N.D. Mississippi · 1972
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