Legal Opinion

John Ferguson, Jr. v. George H. Eakle John Ferguson, Jr. Lois Kittredge

Court of Appeals for the Third Circuit

Decided February 15, 1974No. 73-1649PublishedCited by 75 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The sole question remaining in this appeal is whether the district court abused its discretion in granting a voluntary dismissal of plaintiff-appellees’ complaint in equity. After both the complaint and defendant-appellants’ counterclaim were dismissed, the defendant lodged this appeal. Plaintiff-appel-lee has now conceded that it was error to dismiss the counterclaim.

The record discloses that the plaintiff John Ferguson had represented the defendant Kittredges as a real estate agent in the purchase of a summer home in Avalon. Later, when they…

2Cases cited3 opinions

  1. Ockert v. Union Barge Line Corp.Court of Appeals for the Third Circuit · 1951
  2. Burton Stern, Bankrupt. Burton Stern, Bankrupt v. Ralph Barnett and Phillip Liss, Objecting-Creditors-AppellantsCourt of Appeals for the Seventh Circuit · 1971
  3. The National Research Bureau, Inc. v. Forrest L. Bartholomew, in No. 72-1640. The National Research Bureau, Inc., in No. 72-1641 v. Forrest L. BartholomewCourt of Appeals for the Third Circuit · 1973

3Cited by75 opinions

  1. Jeno F. Paulucci and Lois Paulucci v. City of Duluth and Lake Superior Paper IndustriesCourt of Appeals for the Eighth Circuit · 1987
  2. Sinclair v. Soniform, Inc.Court of Appeals for the Third Circuit · 1991
  3. Stephen G. Conafay, an Infant, by His Father and Next Friend Stephen R. Conafay v. Wyeth Laboratories, a Division of American Home Products Corp.Court of Appeals for the D.C. Circuit · 1986
  4. Dana Hayden v. Westfield Insurance CoCourt of Appeals for the Third Circuit · 2014
  5. Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557Court of Appeals for the Third Circuit · 1981

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