HERZBERG'S, INC.

v.

OCEAN ACCIDENT & GUARANTEE CORP.

Citator

Cited By

• Horn v. Burns AND ROE, 536 F.2d 251 (8th Cir. 1976)
  …ice” we must look not to the title or character of the party performing the act, but to the act itself. * * * [citations omitted][8] See also Ocean Accident & Guarantee Corp. v. Herzberg’s, Inc., 100 F. 2d 171, 172-73 (8th Cir. 1938), cert. denied, 306 U.S. 645, 59 S.Ct. 584, 83 L.Ed. 1044 (1939); Village of Dodge v. Guidinger, 87 Neb. 349, 350, 127 N.W. 122, 122-23 (1910). This interpretation was recently adopted by the Nebraska Supreme Court as the standard for analysis of Section 25-222 in Swassing v. B…
• Herzberg's, Inc. v. Ocean Accident & Guar. Corp., Ltd., 132 F.2d 438 (8th Cir. 1943)
  …ent below is reversed and the cause remanded to the district court for further proceedings not inconsistent herewith. It is so ordered.” The plaintiff applied to the Supreme Court of the United States for certiorari, but the application was denied. 306 U.S. 645, 59 S.Ct. 584, 83 L.Ed. 1044. The mandate of this Court provided, in part, as follows: “* * it is now here ordered and adjudged by this Court, that the judgment of the said District Court, in this cause, be, and the same is hereby, reversed with c…
• Magruder v. Washington, 120 F.2d 441 (4th Cir. 1941)
  …e liquidation. A case involving a similar question was before this Court in United States v. Atlantic Coast Line Company, 4 Cir., 99 F. 2d 6, 8, opinion revised, United States v. Atlantic Coast Line Company, 4 Cir., 99 F. 2d 932, certiorari denied, 306 U.S. 645, 59 S.Ct. 584, 83 L.Ed. 1044. There we reviewed the authorities and held that “very slight activity constitutes ‘doing business’ when the end is profit.” There does not necessarily have to be a profit made, the result of doing business may be a loss…