ENGLAND

v.

AUTOMATIC CANTEEN CO. OF AMERICA

Citator

Cited By

• Verden J. Pratt v. Durkop, 356 So. 2d 1278 (Fla. 2d DCA 1978)
  …there was only a two-week delay. We think not. We find persuasive a decision of the United States Court of Appeals for the Eighth Circuit in Moore Co. of Sikeston, Mo. v. Sid Richardson Carbon & Gas Co., 347 F. 2d 921 (8th Cir. 1965), cert. denied, 383 U.S. 925, 86 S.Ct. 927, 15 L.Ed.2d 845 (1966), which considered a twenty-month delay in service of process. The action there was a federal antitrust action and a federal statute of limitations applied. The court was called upon to construe two federal rules…
• Cream TOP Creamery v. Dean Milk Co., Inc., 383 F.2d 358 (6th Cir. 1967)
  …ld that a dismissal with prejudice constitutes an adjudication of the merits of the controversy as fully and completely as if the order had been entered after trial of the suit. England v. Automatic Canteen Co., 349 F. 2d 988 (C.A. 6), cert. denied, 383 U.S. 925, 86 S.Ct. 928, 15 L. Ed.2d 845; Smoot v. Fox, 340 F. 2d 301 (C.A. 6). With respect to the issue of collateral estoppel, we conclude that Becher v. Contoure Laboratories, Inc., 279 U.S. 388, 49 S.Ct. 356, 73 L.Ed. 752, does not require affirmance of…
• Isaac v. Schwartz, 706 F.2d 15 (1st Cir. 1983)
  …e Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 399 n. 3, 101 S.Ct. 2424, 2428 n. 3, 69 L.Ed.2d 103 (1981) (dismissal under Fed.R.Civ.P. 12(b)(6)); England v. Automatic Canteen Co. of America, 349 F. 2d 988 (6th Cir.1965), cert. denied, 383 U.S. 925, 86 S.Ct. 928, 15 L.Ed.2d 845 (1966) (same). Moreover, here appellant was given a full opportunity to amend his state court complaint, see Mass. R.Civ.P. 15(a), and he might have set forth any additional claims — a circumstance that in Massachusett…