Legal Opinion
Wentz v. Alberto Culver Company
District Court, D. Montana
Decided January 27, 1969No. 1382PublishedCited by 19 opinions
1Opinion of the Court
RUSSELL E. SMITH, Chief Judge.
This opinion is concerned with the problem of relation back under Rule 15 (c) of the Rules of Civil Procedure as amended in 1966, and with the problem of jurisdiction arising upon the removal of a case to this court from the state court by a corporation nonexistent under the description of it used in the removal petition.
The facts are these: On January 31, 1966, plaintiff filed in the state court a complaint charging Alberto-Culver Company, an Illinois corporation (hereafter called the Illinois-corporation) with negligence and breach of an implied warranty in…
2Cases cited4 opinions
- Firemen's Insurance Company of Newark, New Jersey v. Robbins Coal Company, Inc.Court of Appeals for the Fifth Circuit · 1961
- Martz v. Miller Brothers CompanyDistrict Court, D. Delaware · 1965
- Merton Shapiro v. Paramount Film Distributing CorporationCourt of Appeals for the Third Circuit · 1960
- County Theatre Co. v. Paramount Film Distributing Corp.District Court, E.D. Pennsylvania · 1958
3Cited by19 opinions
- Harold B. Hughes and Nancy J. Hughes v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
- Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
- Mergenthaler, Inc. v. JeffersonSupreme Court of Delaware · 1975
- John H. Spann v. The Commissioners of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1970
14 more not listed; retrieve them via the Exa API.