Legal Opinion

Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided February 20, 1962No. 16746_1PublishedCited by 36 opinions

1Opinion of the Court

VOGEL, Circuit Judge.

Fred Engelhardt, d/b/a Engelhardt’s Camera Store, hereinafter referred to as plaintiff, appeals from a judgment of the District Court sustaining Bell & Howell Company’s (referred to here as defendant) motion for summary judgment based on the grounds that under Rule 41(a) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., two voluntary dismissals of a prior suit operated as an adjudication upon the merits, thus preventing maintenance of this suit.

Plaintiff is the operator of a retail store handling photographic equipment in St. Louis, Missouri. Defendant is an…

2Cases cited19 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Whitney v. CaliforniaSupreme Court of the United States · 1927
  3. Angel v. BullingtonSupreme Court of the United States · 1947
  4. O'Neil v. VermontSupreme Court of the United States · 1892
  5. United States v. BeebeSupreme Court of the United States · 1901

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

3Cited by36 opinions

  1. Teodore Dorotee Autera v. Manuel Dudley Robinson, Anthony C. Autera v. Manuel Dudley RobinsonCourt of Appeals for the D.C. Circuit · 1969
  2. American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
  3. In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
  4. Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Co., a CorporationCourt of Appeals for the Eighth Circuit · 1964
  5. D. C. Electronics, Inc. v. Nartron Corp. And Norma RautiolaCourt of Appeals for the Sixth Circuit · 1975

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

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