Legal Opinion
Murray Ferguson, as Trustee in Reorganization of Equitable Plan Company v. Bartels Brewing Company (Pa.)
Court of Appeals for the Second Circuit
Decided January 10, 1961No. 26355_1PublishedCited by 19 opinions
1Opinion of the Court
CLARK, Circuit Judge.
Defendant The Bartels Brewing Co. (Pa.) appeals from a judgment for $118,-101.55 in favor of plaintiff granted by Judge Palmieri in the United States District Court for the Southern District of New York under F.R. 37(d), based on the failure of defendant’s president, Jay F. Fisher, to appear for examination before trial. The case was argued to us on the merits and, notwithstanding Fisher’s willful default, presented obvious, difficulties. A very large judgment had been entered against the appellant corporation on the basis of affidavits claiming its participation in a…
2Cases cited8 opinions
- Foster-Milburn Co. v. Knight, Chief JudgeCourt of Appeals for the Second Circuit · 1950
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Goldlawr, Inc. v. Marcus Heiman, Select Operating Corporation and United Booking Office, Inc., and Milton Shubert, William Klein and Sylvia W. GoldeCourt of Appeals for the Second Circuit · 1960
- Siegmund v. General Commodities CorporationCourt of Appeals for the Ninth Circuit · 1949
- Bradshaw v. Miners' Bank of JoplinCourt of Appeals for the Seventh Circuit · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Ferguson v. TabahCourt of Appeals for the Second Circuit · 1961
- United States v. Franklin StudivantCourt of Appeals for the Third Circuit · 1976
- Feliciano Ruiz v. Alfonso Development Corp.Supreme Court of Puerto Rico · 1968
14 more not listed; retrieve them via the Exa API.