Legal Opinion

West v. American Tel. & Tel. Co.

Court of Appeals for the Sixth Circuit

Decided June 25, 1941No. Nos. 8140, 8141PublishedCited by 5 opinions

1Opinion of the Court

ALLEN, Circuit Judge.

Upon the former hearing of these cases (6 Cir., 108 F.2d 347), this court held that recovery must be denied, as the plaintiffs’ bill was not timely filed, and therefore the court did not consider the questions of res judicata, acceleration of remainder, and measure of damages. The Supreme Court reversed the decision of this court (311 U.S. 223, 61 S.Ct. 179, 185, 85 L.Ed. 139, 132 A.L.R. 956), and remanded the case for decision upon these points as “involving questions of state law.”

Prior to the filing of their bill in equity in the federal court, the plaintiffs, who…

2Cases cited12 opinions

  1. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  2. Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
  3. Six Companies of Cal. v. Joint Highway Dist. No. 13 of Cal.Supreme Court of the United States · 1940
  4. Marshall v. VicksburgSupreme Court of the United States · 1873
  5. Quinn v. State Ex Rel. LeroyOhio Supreme Court · 1928

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3Cited by5 opinions

  1. Jose Estevez v. Horace A. Nabers, Acting Officer in Charge, New Orleans Office Immigration& Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1955
  2. W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, Inc.Court of Appeals for the Second Circuit · 1951
  3. Trust Co. Of Chicago v. Pennsylvania R. CoCourt of Appeals for the Seventh Circuit · 1950
  4. Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. Ouida J. Weissinger A/K/A Ouida Boyd and Mrs. George Boyd v. United StatesCourt of Appeals for the Fifth Circuit · 1968

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