Legal Opinion

Scarborough v. Eubanks

Court of Appeals for the Third Circuit

Decided November 5, 1984No. 83-5601PublishedCited by 158 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal from a dismissal with prejudice used as a sanction for dilatory conduct by counsel, presenting the same issue as in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, also decided today.

I

Background

It appears from the pleadings and pretrial statements that Robert Scarborough and James Eubanks, through a corporation controlled by them, were granted an exclusive agency by Ryder Truck Lines, Inc. (Ryder) to solicit and sell Ryder freight services in Ohio, West Virginia and parts of Pennsylvania; that Scarborough, Eubanks and their…

2Cases cited4 opinions

  1. Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
  2. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  3. Louis H. GROSS, Lillian C. Gross and Marvin Kowit, Co-Partners, Trading as Gross & Kowit v. STEREO COMPONENT SYSTEMS, INC., AppellantCourt of Appeals for the Third Circuit · 1983
  4. Poulis v. State Farm Fire and Cas. CoCourt of Appeals for the Third Circuit · 1983

3Cited by158 opinions

  1. Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
  2. Briscoe v. KlausCourt of Appeals for the Third Circuit · 2008
  3. Emcasco Insurance Company v. Louis SambrickCourt of Appeals for the Third Circuit · 1987
  4. Gustav A. Adams Andrew F. Dopkins and Robert Malcolm, Deceased, by His Lillian Malcolm v. Trustees of the New Jersey Brewery Employees' Pension Trust Fund Local Union 843, International Brotherhood of Teamsters Falstaff Brewing Corporation and Joseph M. Byrne Co., a Corporation of the State of New Jersey (Newark New Jersey District Civil No. 76-01931) Bruno Michota Walter Lemke Abraham Gellman Lawrence Balback Bolly Bonk William Dunne Bernard Kosciewicz Siegfried Milchram Howard Sears Stephen Gardzinski Harry Wolf Bruno Dziedzic William Riedel Salvatore Guarneri Samuel Monto Fermin Loma Vincent Sadowski Stanley Kiesnowski Anthony Bellina Frank Pavolonis William Roesch Michael Duda Edward Strittmatter Frederick Hubner Peter Rudy Harold Wanthouse Joseph Duffy Joseph Coyle Grace Green, Widow of Harold Green, Deceased v. Anheuser-Busch, Incorporated, (Budweiser) P. Ballantine & Sons Pabst Brewing Company Falstaff Brewing Corporation Investors Funding Corporation Rheingold Breweries, Inc. The New Jersey Brewery Employees' Pension Trust Fund Henry T. Hamilton Herbert v. Johnson Frank A. Jackiewicz Frank Sullivan Herbert Heilmann, Jr. Henry Tchorzewski Benno Merker and Arthur Spinello, as Trustees of the New Jersey Brewery Employees' Pension Trust Fund (Newark New Jersey District Civil No. 77-02543) Pension Benefit Guaranty Corporation ("Pbgc")Court of Appeals for the Third Circuit · 1994
  5. Budget Blinds, Inc. v. WhiteCourt of Appeals for the Third Circuit · 2008

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