CHESAPEAKE & OHIO RAILWAY CO. ET AL.

v.

CRUZ

Citator

Cited By

• William Inglis & Sons Baking Co. v. ITT Cont'l Baking Co., Inc., 668 F.2d 1014 (9th Cir. 1981)
  …t, or rely on conduct or events different from those involved in the original action, the statute of limitations should be applied. See Blau v. Lamb, 191 F.Supp. 906, 906 (S.D.N.Y.1961), rev’d on other grounds, 314 F. 2d 618 (2d Cir.), cert. denied, 375 U.S. 813, 84 S.Ct. 44, 11 L.Ed.2d 49 (1963). Where, however, the original pleading gave notice that the alleged wrongful conduct was of a continuing nature, supplemental pleadings addressed to the same conduct should not encounter statute of limitations ques…
• Mays v. Pioneer Lumber Corp., 502 F.2d 106 (4th Cir. 1974)
  …would be absurd to hold that we may not grant similar relief because of the error of the district judge in failing to either grant or refuse the motion for a new trial. Vera Cruz v. Chesapeake & O. R. R., 312 F. 2d 330, 332 (7th Cir.), cert. denied, 375 U.S. 813, 84 S.Ct. 44, 11 L. Ed.2d 49 (1963). See Powell v. Lititz Mut. Ins. Co., 419 F. 2d 62 (5th Cir. 1969). We think that no useful purpose would be served by remanding to the district judge to entertain and decide a renewed motion for a new trial. Ther…
• George C. Levin and James v. Hallisey in Reorganization of the Ests. of Swan-Finch Oil Corp., 333 F.2d 592 (2d Cir. 1964)
  …an order appointing a receiver, 213 F.Supp. 638 (S.D.N.Y.1962), which this court affirmed on the basis that “a reversal of this order might render nugatory and futile further action by Judge Palmieri,” 313 F. 2d 140, cert. denied, Jakobson v. Levin, 375 U.S. 813, 84 S.Ct. 44, 11 L.Ed.2d 49 (1963); the receiver cancelled Jakobson’s lease under a termination clause. Plaintiffs then discontinued the action against Jakobson. They later amended their complaint to add as a defendant Lois B. Morrill, to whom vario…