Legal Opinion
Remington's Dairy v. Rutland Ry. Corp.
District Court, D. Vermont
Decided May 21, 1954No. Civ. A. No. 1567PublishedCited by 5 opinions
1Opinion of the Court
GIBSON, Judge.
The complaint in this civil action was brought in the name of the partnership, Remington’s Dairy, a Rhode Island entity. The defendant moved to dismiss on two grounds, i. e. that the partnership has no right to maintain the action in its own name, and that the complaint fails to show diversity of citizenship of the parties. Thereafter, the plaintiff moved to amend its complaint so as t<5 allege the citizenship of the members of the partnership. By agreement of counsel, the matter was submitted on briefs and argument was waived.
The Federal Rules, in defining the capacity of…
2Cases cited2 opinions
- Darby v. Philadelphia Transp. Co.District Court, E.D. Pennsylvania · 1947
- F. R. Patch Manufacturing Co. v. CapelessSupreme Court of Vermont · 1906
3Cited by5 opinions
- JOSCAR COMPANY v. Consolidated Sun Ray, Inc.District Court, E.D. New York · 1963
- Jacques Krijn en Zoon v. SchrijverDistrict Court, S.D. New York · 1957
- Feldmann Insurance Agency v. BrodskyDistrict Court, D. Maryland · 1961
- Weinfeld v. Paine, Webber, Jackson & CurtisDistrict Court, D. Massachusetts · 1961
- Universal Steel & Metal Co. (1975) Ltd. v. Railco, Inc.District Court, D. Vermont · 1978