Legal Opinion

The Tilley Lamp Company, Limited v. A. W. Thacker

Court of Appeals for the Fifth Circuit

Decided January 31, 1972No. 71-2433PublishedCited by 22 opinions

1Opinion of the Court

DYER, Circuit Judge:

In this appeal we must unravel a procedural and jurisdictional maze developed in a case that never emerged from the pleadings until, after a parlous journey from counterclaim to third amended counterclaim to intervention to summary judgment in the course of two and a half years, A. W. Thacker Company, Inc. prevailed on a claim over which the district court had neither jurisdiction of the parties nor of the subject matter. We reverse.

On January 3, 1969, Tilley, a British corporation, filed suit in the United States District Court for the Middle District of Florida seeking…

2Cases cited7 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  4. Altvater v. FreemanSupreme Court of the United States · 1943
  5. Diaz v. Southern Drilling Corp.Court of Appeals for the Fifth Circuit · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
  2. Atlanta Gas Light Co. v. Aetna Casualty & Surety Co.Court of Appeals for the Eleventh Circuit · 1995
  3. Bulk Distribution Centers, Inc. v. Monsanto Co.District Court, S.D. Florida · 1984
  4. New York Guardian Mortgagee Corp. v. ClelandDistrict Court, S.D. New York · 1979
  5. County of Johnson v. United States Gypsum Co.District Court, E.D. Tennessee · 1984

17 more not listed; retrieve them via the Exa API.

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