Legal Opinion

American Nat. Bank & Trust Co. v. United States

Court of Appeals for the D.C. Circuit

Decided May 8, 1944No. 8610PublishedCited by 35 opinions

1Opinion of the Court

EDGERTON, Associate Justice.

Appellant, conservator of an incompetent veteran’s estate, sued on a policy of war risk term insurance. The District Court gave summary judgment for appellee.

Appellant had previously sued on the same policy in the United States District Court for the Northern District of Illinois. That suit was “dismissed for want of prosecution” on January 31, 1940. The present suit was filed in the District of Columbia on January 27, 1941.

Under Rule 41 (a) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, dismissal of a suit at the plaintiff’s…

2Cases cited5 opinions

  1. Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
  2. Carnegie Nat. Bank v. City of Wolf PointCourt of Appeals for the Ninth Circuit · 1940
  3. Barger v. Baltimore & OR Co.Court of Appeals for the D.C. Circuit · 1942
  4. Cavallo v. Agwilines, Inc.District Court, S.D. New York · 1942
  5. American Nat. Bank & Trust Co. of Chicago v. United StatesCourt of Appeals for the Seventh Circuit · 1939

3Cited by35 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Costello v. United StatesSupreme Court of the United States · 1961
  3. Link v. Wabash RailroadSupreme Court of the United States · 1962
  4. Hinchee v. FisherSupreme Court of Florida · 1957
  5. Ringle Development Corporation v. ChavezNew Mexico Supreme Court · 1947

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