Legal Opinion
United States v. Pacific Fruit & Produce Co.
Court of Appeals for the Ninth Circuit
Decided October 18, 1943No. 10340PublishedCited by 18 opinions
1Opinion of the Court
GARRECHT, Circuit Judge.
This court has been asked to determine whether or .not there was an abuse of discretion when the court below dismissed with prejudice the appellant’s action for an accounting, after the appellant had virtually admitted a failure of proof and had requested a voluntary nonsuit.
The appellant’s complaint set up twenty separate causes of action against the ap-pellee. Typical of these was the third cause of action, which involved the following undisputed facts:
In 1936 and 1937, tha United States, through the Farm Security Administration (formerly the Resettlement…
2Cases cited10 opinions
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Refior v. Lansing Drop Forge Co.Court of Appeals for the Sixth Circuit · 1942
- Sweeney v. AndersonCourt of Appeals for the Tenth Circuit · 1942
- Inderbitzen v. Lane HospitalCalifornia Court of Appeal · 1936
- Preferred Accident Ins. v. PattersonCourt of Appeals for the Third Circuit · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Caryl Chessman v. Harley O. Teets, Warden, California State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1956
- Ockert v. Union Barge Line Corp.Court of Appeals for the Third Circuit · 1951
- United States v. BransenCourt of Appeals for the Ninth Circuit · 1944
- Edwin Jones Montgomery, Sr. And Dorothy Scott Montgomery v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1966
- Stanley v. Continental Oil Co.Court of Appeals for the Tenth Circuit · 1976
13 more not listed; retrieve them via the Exa API.