Legal Opinion
Lumbermen's Mutual Casualty Company v. Rayford J. Wright
Court of Appeals for the Fifth Circuit
Decided September 19, 1963No. 19070PublishedCited by 49 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This case started out in 1947 as a run-of-the-mine tort action. Unfortunately, it developed eccentricities and a life of its own singularly resistant to routine. It is before this Court for the second time.
In the first proceedings, in 1954, the district judge held that Erie compelled
dismissal of the complaint under Article 3519 of the LSA-Civil Code. This article requires dismissal of a suit for want of prosecution for five years. In such case the interruption of prescription by filing suit is considered as having never happened. The plaintiff appealed. We reversed the…
2Cases cited22 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Messenger v. AndersonSupreme Court of the United States · 1912
17 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
- Petition of United States Steel Corporation, as Owner of the Steamship Cedarville, and the Petition of Den Norske Amerikalinje A/s, as Owner of the M/v Topdalsfjord, for Exoneration From or Limitation of Liability. Barbara J. Fuhrman, Administratrix of the Estate of Arthur J. Fuhrman, Deceased, Claimants-Appellants v. United States Steel Corporation and Den Norske Amerikalinje A/s, United States Steel Corporation and Den Norske Amerikalinje A/s, Cross-Appellants v. Billy R. Holley, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1973
- In the Matter of Martin M. Decker and Kathleen H. Decker, Individually and Jointly, Bankrupts. Appeal of Martin M. DeckerCourt of Appeals for the Third Circuit · 1979
- Eyerly Aircraft Co. v. Jack Killian, Individually and for and on Behalf of Jan Killian, a MinorCourt of Appeals for the Fifth Circuit · 1969
44 more not listed; retrieve them via the Exa API.