Legal Opinion

Charles Resnik v. La Paz Guest Ranch

Court of Appeals for the Ninth Circuit

Decided April 12, 1961No. 16836_1PublishedCited by 72 opinions

1Opinion of the Court

BARNES, Circuit Judge.

The necessary jurisdiction below is in issue in this case. Appellant asserts federal diversity jurisdiction under 28 U.S. C. § 1332. Several appeals are taken (a) from an order of the district court vacating a partial summary judgment and (b) from a further order of the same court dismissing appellant’s action. Jurisdiction on appeal rests on 28 U.S.C. § 1291.

Appellant in 1958 filed in the United States District Court for the Southern District of California an action on a promissory note, in count one, and for money had and received, an open book account and an account…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Stoll v. GottliebSupreme Court of the United States · 1938
  4. McCormick v. SullivantSupreme Court of the United States · 1825
  5. Phillips v. PhillipsCalifornia Supreme Court · 1953

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3Cited by72 opinions

  1. Solomon Lew v. Stanton Moss and Harlean MossCourt of Appeals for the Ninth Circuit · 1986
  2. In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
  3. Donovan Edward Ruby v. Secretary of the United States NavyCourt of Appeals for the Ninth Circuit · 1966
  4. Virgil Cochran v. Francis J. Birkel, Virginia Hager, Bettie Klontz, and Kathy Rubens, All IndividuallyCourt of Appeals for the Sixth Circuit · 1981
  5. United States v. John Hitchmon, A/K/A John Ashanti, and Jessie Lee Fussell, DefendantsCourt of Appeals for the Fifth Circuit · 1979

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