Legal Opinion
Gioia v. Blue Cross Hospital Service, Inc.
Court of Appeals for the Eighth Circuit
Decided February 24, 1981No. 80-1003PublishedCited by 3 opinions
1Opinion of the Court
VAN PELT, Senior District Judge.
Anthony M. Gioia, Receiver of the Estate of North St. Louis Hospital Association (hereinafter the Hospital), appeals a decision by the District Court for the Eastern District of Missouri dismissing with prejudice the Hospital’s1 third suit against Blue Cross Hospital Service, Inc. of Missouri (hereinafter Blue Cross). The dismissal was based on a finding by the district court that the plaintiff had voluntarily dismissed two earlier suits, and that under Fed.R.Civ.P. 41(a)(1)2 the second dismissal operated as an adjudication on the merits. The Hospital argues…
2Cases cited9 opinions
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
- Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Company, a CorporationCourt of Appeals for the Eighth Circuit · 1962
- Morris Diamond v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Dr. And Mrs. Robert A. Katsev v. William T. Coleman, Jr.Court of Appeals for the Eighth Circuit · 1976
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3Cited by3 opinions
- In Re Ozark Restaurant Equipment Co., Inc., Debtor. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Robert Whiteley and Anderson Cajun's Wharf, Kenneth Eads James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Hayden McIlroy of McIlory Bank & Trust, Ed Yancey and Kenneth Eads, Bruce AndersonCourt of Appeals for the Eighth Circuit · 1985
- Gioia v. Blue Cross Hospital Service, Inc.Court of Appeals for the Eighth Circuit · 1981
- Mixon v. AndersonCourt of Appeals for the Eighth Circuit · 1985