Legal Opinion

Charles N. Schwarz, Jr. v. Harry Folloder, Alexander Grant & Company

Court of Appeals for the Fifth Circuit

Decided August 1, 1985No. 83-2743PublishedCited by 227 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This case presents us with the anomalous situation of a defendant appealing from a dismissal with prejudice against the plaintiffs. Despite its apparent success on the merits, the appellant — Alexander Grant & Company, a national partnership of certified accountants — disagrees with two aspects of the district court’s disposition: first, it argues that the district court improperly refused to enter “judgment” in its favor, thereby denying it both “prevailing party” status and the accompanying award of costs; second, it argues that it was entitled to an award of…

2Cases cited46 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  5. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983

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3Cited by227 opinions

  1. Pacheco v. MinetaCourt of Appeals for the Fifth Circuit · 2006
  2. MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
  3. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997
  4. Teague v. BakkerCourt of Appeals for the Fourth Circuit · 1994
  5. Provident Life & Accident Insurance v. GoelCourt of Appeals for the Fifth Circuit · 2001

222 more not listed; retrieve them via the Exa API.

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