Legal Opinion

Paul Martin and Verla Martin v. Reynolds Metals Corporation

Court of Appeals for the Ninth Circuit

Decided December 7, 1961No. 17438_1PublishedCited by 77 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge.

This case presents novel questions under ' Rules 27 and 34, F.R.Civ.P. We conclude that the order appealed from was within the powers of the court below. That court, as we shall show, had jurisdiction under 28 U.S.C. § 1332 (diversity). The appeal is proper under 28 U.S.C. § 1291, since the order is final so far as the proceeding below is concerned. (Mosseller v. U. S., CA 2, 158 F.2d 380, 382; cf. Todd Engineering Dry Dock & Repair Co., Inc. v. U. S., CA 5, 32 F.2d 734, 735)

Appellee, to which we shall refer as “Reynolds”, filed a “Petition to Perpetuate Evidence”,…

2Cases cited12 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. MARTIN ET UX v. Reynolds Metals Co.Oregon Supreme Court · 1959
  3. Mosseller v. United StatesCourt of Appeals for the Second Circuit · 1946
  4. Elsa W. De Wagenknecht v. Mrs. Hugo StinnesCourt of Appeals for the D.C. Circuit · 1957
  5. Reynolds Metals Company v. Paula Martin Yturbide, Reynolds Metals Company v. Verla Martin, Reynolds Metals Company v. Paul MartinCourt of Appeals for the Ninth Circuit · 1958

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3Cited by77 opinions

  1. Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
  2. United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977
  3. Yates v. United StatesSupreme Court of the United States · 2015
  4. Hector Santiago v. Paul J. Fenton, Etc.Court of Appeals for the First Circuit · 1989
  5. In Re San Juan Dupont Plaza Hotel Fire Litigation. Petition of the Plaintiffs' Steering CommitteeCourt of Appeals for the First Circuit · 1988

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