Legal Opinion

Lada v. Wilkie

Court of Appeals for the Eighth Circuit

Decided December 18, 1957No. 15812PublishedCited by 23 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

This is an appeal from an order of the District Court dismissing the complaint of the plaintiffs (appellants) upon the grounds “that this [District] Court is without jurisdiction to grant a part of the relief demanded in the Complaint” and “that plaintiffs have failed to state a claim upon which relief can be granted (having failed to allege performance of conditions precedent to their right to recover, as required by Rule 9(c), Federal Rules of Civil Procedure [28 U.S.C. A.]).”

Broadly stated, the question for review is whether the complaint presented any issues of fact…

2Cases cited15 opinions

  1. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  2. Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
  3. Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
  4. Louisiana Farmers' Protective Union, Inc. v. Great Atlantic & Pacific Tea Co. of America, Inc.Court of Appeals for the Eighth Circuit · 1942
  5. Cohen v. United StatesCourt of Appeals for the Eighth Circuit · 1942

10 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Highland Supply Corporation v. Reynolds Metals Company, a CorporationCourt of Appeals for the Eighth Circuit · 1964
  2. Gladis v. MellohIndiana Court of Appeals · 1971
  3. Douglas L. Lewis v. Chrysler Motors CorporationCourt of Appeals for the Eighth Circuit · 1972
  4. Marvin Thomason v. Hospital T v. Rentals, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1959
  5. School Dist. of Kansas City v. State of Mo.District Court, W.D. Missouri · 1978

18 more not listed; retrieve them via the Exa API.

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