Legal Opinion

W. C. Case v. Dan C. Abrams

Court of Appeals for the Tenth Circuit

Decided October 25, 1965No. 8014_1PublishedCited by 67 opinions

1Opinion of the Court

MURRAH, Chief Judge.

Two related questions are presented on this appeal: (1) whether the trial court erroneously refused to instruct on a matter not within the pre-trial order, but about which some testimony was admitted without objection; and (2) whether the trial court abused its discretion by excluding a defense witness not mentioned in the pre-trial order.

The claim, based on diversity and requisite amount in controversy, is that the appellant, Case, and Appellee, Abrams, entered into an oral partnership for the sole purpose of selling certain oil well drilling equipment for the owner and…

2Cases cited5 opinions

  1. Arthur Clark v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1964
  2. Century Refining Company v. Charles T. Hall, Charles T. Hall, Cross-Appellant v. Century Refining Company, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1963
  3. Miller v. BrazelCourt of Appeals for the Tenth Circuit · 1962
  4. Globe Cereal Mills v. Shirlee S. ScrivenerCourt of Appeals for the Tenth Circuit · 1956
  5. Leona Holcomb, Individually Leona Holcomb, as Guardian of the Person of Donald George Fleming, a Minor Donald George Fleming, a Minor Frank T. Denham May Cecilia Denham Dorothy Lee Denham, a Minor Carolyn Denham Lumley May Cecilia Denham as Guardian of Dorothy Lee Denham, a Minor George Denham Clarence Denham Mary Jane Hopkins, Nee Wright and Mary Ellen Cash v. ætna Life Insurance Company, a Corporation Francis X. Rettenmeyer, of the Estate of Joseph A. Rettenmeyer, Deceased F. E. Pence Virgil F. Sprankle Grover D. Strother A. N. Murphy Justin W. Faherty and First National Bank and Trust Company of Oklahoma City, Donald George Fleming, a Minor, Individually, and by Leona Holcomb as Guardian Mary Jane Hopkins Frank T. Denham May Cecilia Denham Dorothy Lee Denham, a Minor Carolyn Denham Lumley May Cecilia Denham as Guardian of Dorothy Lee Denham, a Minor George Denham Clarence Denham and Leona Holcomb, Individually v. ætna Life Insurance Company, a Corporation, and F. E. PenceCourt of Appeals for the First Circuit · 1958

3Cited by67 opinions

  1. Hardin v. Manitowoc-Forsythe Corp.Court of Appeals for the Tenth Circuit · 1982
  2. John H. Smith v. Ford Motor CompanyCourt of Appeals for the Tenth Circuit · 1980
  3. Gerard M. Monod and Alys Monod v. Futura, Inc., a Delaware Corporation, Highlands, Inc., a Colorado Corporation, and Whipple Van Ness JonesCourt of Appeals for the Tenth Circuit · 1969
  4. Eli Trujillo v. Uniroyal Corporation, a New Jersey CorporationCourt of Appeals for the Tenth Circuit · 1979
  5. Mantz v. FollingstadNew Mexico Court of Appeals · 1972

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