Legal Opinion

Charles John Barkhorn, Jr. v. Adlib Associates, Inc., a Nevada Corporation

Court of Appeals for the Ninth Circuit

Decided May 10, 1965No. 19142PublishedCited by 7 opinions

1Opinion of the Court

CHAMBEES, Circuit Judge:

This is a real estate controversy. Jurisdiction was asserted on the basis of diversity of citizenship.

The original complaint alleges: “Plaintiff [Barkhorn] is a citizen of the State of Hawaii, and defendant [Adlib Associates, Inc.] is a corporation organized and existing under the laws of the State of Nevada. The amount in controversy between the parties exceeds $10,-000. ” The answer of Adlib Associates, Inc., fails to respond to the allegation. Ordinarily, such an omission would stand as a conclusive admission.

The pre-trial order comes no closer to any mention of…

2Cases cited4 opinions

  1. Kelly v. United States Steel Corp.Court of Appeals for the Third Circuit · 1960
  2. Harry E. Kern v. Standard Oil CompanyCourt of Appeals for the Eighth Circuit · 1956
  3. James J. Canton, Robert Reeves and L. B. Johnson v. Angelina Casualty CompanyCourt of Appeals for the Fifth Circuit · 1960
  4. Lucille Burkhardt v. James Bates and Janney Semple Hill & Co., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 1962

3Cited by7 opinions

  1. Melvin Morris, Jr., and Ramona Morris v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1975
  2. Hong v. KongHawaii Intermediate Court of Appeals · 1984
  3. Safeguard Mut. Ins. Co. v. Commonwealth of Pa.District Court, E.D. Pennsylvania · 1974
  4. Amerault v. Intelcom Support Services, Inc.Court of Appeals for the Ninth Circuit · 2001
  5. Charles John Barkhorn, Jr. v. Adlib Associates, Inc., a Nevada CorporationCourt of Appeals for the Ninth Circuit · 1969

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