Legal Opinion
Doyle Nations and Marie Nations v. Sun Oil Company (Delaware) and Sun Production Company
Court of Appeals for the Fifth Circuit
Decided May 23, 1983No. 82-4041PublishedCited by 33 opinions
1Per curiam
On petition for rehearing, appellee Doyle Nations urges this court to reverse its holding on several grounds. Four arguments require review.
Nations argues that Sun Oil, though it pleaded the statutory employer defense as an alternative affirmative defense, failed to present any evidence in support of the defense. This requires reversal of the panel opinion, he contends. United States v. Indiana Bonding & Surety Co., 625 F.2d 26, 29 (5th Cir.1980). The fact is, Sun Oil never had the opportunity in the second suit to prove the affirmative defense because of the court’s application of offensive…
2Cases cited10 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Nora Faye Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Leslie E. Knighten v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
- Concerned Citizens of Vicksburg v. SillsCourt of Appeals for the Fifth Circuit · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Beaty v. McGrawCourt of Appeals of Tennessee · 1998
- Jack Faucett Associates, Inc. v. American Telephone and Telegraph Co.Court of Appeals for the D.C. Circuit · 1984
- Raytech Corporation v. Earl WhiteCourt of Appeals for the Third Circuit · 1995
- Pennecom B v. V. Merrill Lynch & Co., Inc., Merrill Lynch International, Inc. And Paul A. PittmanCourt of Appeals for the Second Circuit · 2004
- United States v. John H. Thomas, Lonnie D. Clark and John H. ThomasCourt of Appeals for the Fifth Circuit · 1983
28 more not listed; retrieve them via the Exa API.