Legal Opinion
Irwin H. Lawhorn v. The Atlantic Refining Company
Court of Appeals for the Fifth Circuit
Decided February 14, 1962No. 18960_1PublishedCited by 51 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This appeal brings into focus the relationship between F.R.Civ.P. 12(b) 1 and 13(a), 28 U.S.C.A., 2 and it also raises the recurring problem of whether summary judgment was the proper remedy. The primary question is whether a compulsory counterclaim must be asserted, or lost, by the party whose motion to dismiss is successful because of a failure to state a claim upon which relief could be granted. The District Court said no. We agree. Summary judgment was then inevitable. We accordingly affirm.
Two suits are involved — the first brought by Lawhorn, and the second,…
2Cases cited10 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Hoffman v. BlaskiSupreme Court of the United States · 1960
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
- Perry v. McLendonSupreme Court of Georgia · 1879
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3Cited by51 opinions
- Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.Court of Appeals for the Fifth Circuit · 1985
- City of Houston and Houston Independent School District v. Standard-Triumph Motor Company, Inc.Court of Appeals for the Fifth Circuit · 1965
- Dionte Tyler v. DH Capital Management, Inc.Court of Appeals for the Sixth Circuit · 2013
- Zimmerman v. First Federal Savings & Loan Ass'n of Rapid City, S.D.Court of Appeals for the Tenth Circuit · 1988
- McGruder v. B & L Construction Company, Inc.Supreme Court of Alabama · 1976
46 more not listed; retrieve them via the Exa API.