Legal Opinion
Howard G. Dindo v. Harold O. Whitney
Court of Appeals for the First Circuit
Decided November 12, 1971No. 71-1200PublishedCited by 22 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
Following remand of this case with our order vacating the district court’s sustaining of the defense of the statute of limitations, 429 F.2d 25, the defendant pleaded, successfully, that the action was barred by reason of plaintiff’s having failed to assert it as a compulsory counterclaim, pursuant to F.R.Civ.P. 13 (a), in a prior action. This question we had raised ourselves, but declined to resolve because of lack of briefing, and because of its possible complexity. In now granting defendant’s motion to dismiss on this ground, the court had before it certain testimony…
2Cases cited11 opinions
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- United States of America, Libelant-Appellant v. Eastport Steamship CorporationCourt of Appeals for the Second Circuit · 1958
- Dragor Shipping Corporation, a Corporation, Formerly Ward Industries Corporation v. Union Tank Car Company, a CorporationCourt of Appeals for the Ninth Circuit · 1967
- Irwin H. Lawhorn v. The Atlantic Refining CompanyCourt of Appeals for the Fifth Circuit · 1962
- Coastwise Packet Company, Inc. v. United StatesCourt of Appeals for the First Circuit · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- First State Bank of Hudson County v. The United States of AmericaCourt of Appeals for the First Circuit · 1979
- Louis J. Martino and McDonald Drive-In of Ottumwa, Iowa, Inc., Plaintiffs v. McDonald System, Inc. And Franchise Realty Interstate CorporationCourt of Appeals for the Seventh Circuit · 1979
- Zimmerman v. First Federal Savings & Loan Ass'n of Rapid City, S.D.Court of Appeals for the Tenth Circuit · 1988
- Carteret Savings & Loan Association, F.A. v. Dr. Neil D. JacksonCourt of Appeals for the First Circuit · 1987
- Hartford Accident & Indemnity Co. v. SullivanCourt of Appeals for the Seventh Circuit · 1988
17 more not listed; retrieve them via the Exa API.