DAMPSKIBSSELSKABET NORDEN AKTIESELSKAB ET AL.

v.

UNITED STATES

Citator

Cited By

• Burton Stern v. Barnett, 452 F.2d 211 (7th Cir. 1971)
  …d be applicable thereto. 5 Moore, Federal Practice |fjJ41.05 [1] and 41.-09, at 1059 and 1103 (2d ed. 1969); Conway v. Union Bank of Switzerland, 204 F. 2d 603, 608 (2d Cir. 1953), appeal dismissed, Silesion Holding Co. v. Union Bank of Switzerland, 350 U.S. 978, 76 S.Ct. 454, 100 L.Ed. 848 (1956). Subsection (a) (2) of Rule 41 governs voluntary dismissals upon order of the court. It is the intent of Rule 41(a) (2) to prevent voluntary dismissals which unfairly affect the opposing party. Alamance Industrie…
• Pac. Architects & Eng'rs Inc. & Advanced Maint. Corp. v. The United States, 491 F.2d 734 (Ct. Cl. 1974)
  …rcent of estimate and does not offer to relinquish such benefits as it may have obtained from the contract in the other months. See Svendborg v. United States, 130 F.Supp. 363, 367, 131 [*744] Ct.Cl. 399, 406-407 (1955) petition for cert. dismissed, 350 U.S. 978, 76 S.Ct. 455, 100 L.Ed. 848 (1956); 5 Corbin, Contracts § 1114 at 607, 608, 618. Finally plaintiff’s claim to a profit on its performance for the 7 months is inconsistent with a choice of rescission and restitution. Restitution would entitle plain…
• In re Gibraltor-Amusements Ltd., 315 F.2d 210 (2d Cir. 1963)
  …Point Seating Co., 2 Cir., 1950, 181 F. 2d 747, 750, and Conway v. Union Bank of Switzerland, 2 Cir., 1953, 204 F. 2d 603, 606, n. 4, petition for writ of certiorari dismissed per stipulation, Silesion Holding Co. v. Union Bank of Switzerland, 1956, 350 U.S. 978, 76 S. Ct. 454, 100 L.Ed. 848. In the latter case, Judge Learned Hand summed up the present state of the law as follows: “Every since Hutchinson v. Otis, Wilcox & Co., 1903, 190 U.S. 552, 555, 23 S.Ct. 778, 47 L.Ed. 1179 it. has been a common-place…