Legal Opinion

Mosseller v. United States

Court of Appeals for the Second Circuit

Decided November 27, 1946No. 22, Docket 20245PublishedCited by 53 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The important question on this appeal is whether the district court had jurisdiction to authorize the taking of a deposition to perpetuate testimony for use in an action to be thereafter commenced in the admiralty seeking damages for personal injuries from the United States of America. A further question as to the appealability of the order granting the authorization has already been decided against the appellee on her preliminary motion to dismiss the appeal, but she has renewed her contention at the argument on the merits.

Petitioner’s son, a minor, was severely injured…

2Cases cited25 opinions

  1. Oklahoma Press Publishing Co. v. WallingSupreme Court of the United States · 1946
  2. Krippendorf v. HydeSupreme Court of the United States · 1884
  3. Cogen v. United StatesSupreme Court of the United States · 1929
  4. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  5. Arizona v. CaliforniaSupreme Court of the United States · 1934

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3Cited by53 opinions

  1. United States of America Ex Rel. Willie Seals, Jr. v. Martin J. Wiman, Warden, Kilby Prison, Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1962
  2. Richard A. Ash, on Behalf of Himself, and on Behalf of Bethelehem Steel Corporation v. Stewart S. Cort, and Bethlehem Steel Corporation, NominalCourt of Appeals for the Third Circuit · 1975
  3. Paul Martin and Verla Martin v. Reynolds Metals CorporationCourt of Appeals for the Ninth Circuit · 1961
  4. Horizons Titanium Corporation v. Norton CompanyCourt of Appeals for the First Circuit · 1961
  5. United States v. Solomon Fried, Albert Fried, Thied-Party Witness-AppellantCourt of Appeals for the Second Circuit · 1967

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