Legal Opinion
Moynihan v. Elliott
Court of Appeals for the Fifth Circuit
Decided April 5, 1952No. 13652PublishedCited by 1 opinion
1Opinion of the Court
HUTCHESON, Chief Judge.
This appeal from a judgment dismissing the .action for want of the requisite diversity assails the judgment 1 *as erroneously entered. In support of her position, that it was, appellant makes three contentions.
The first of these, and the one mainly labored, is: that Secs. 41(1) and 80, Title 28 U.S.C., invoked and applied below, while in force and fully effective on Jan. 12, 1948, when the suit was filed, were not effective in 1951, when the tendered issue was tried and the dismissal order entered; that effective Sept. 1, 1948, they had been repealed and replaced by…
2Cases cited16 opinions
- Ex Parte CollettSupreme Court of the United States · 1949
- United States v. National City Lines, Inc.Supreme Court of the United States · 1949
- United States v. ObermeierCourt of Appeals for the Second Circuit · 1951
- Minneapolis & St. Louis Railroad v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1926
- United States v. National City Lines, Inc.District Court, S.D. California · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Moynihan v. ElliottCourt of Appeals for the Fifth Circuit · 1954