MASTINI

v.

AMERICAN TELEPHONE & TELEGRAPH CO. ET AL.

Citator

Cited By

• Emmett J. Stebbins v. Keystone Ins. Co., 481 F.2d 501 (D.C. Cir. 1973)
  …nds of the appellate court was a correctible lack of precondition of suit. We have no occasion to reconsider the appropriate rule for that particular situation. . See Mastini v. American Tel. & Tel. Co., 369 F. 2d 378 (2d Cir., 1966), cert. denied, 387 U.S. 933, 87 S.Ct. 2055, 18 L.Ed.2d 994 (1967) ; Atchison, T. & S. F. Ry. v. Barrett, 246 F. 2d 846 (9th Cir., 1957) ; Assmann v. Fleming, 159 F. 2d 332 (8th Cir., 1947) ; 7 J., Moore supra ¶ 60.24[5]. Gf. Rule 9(b), Fed.R.Civ.P. (allegations of fraud to be…
• Powell v. McCORMACK, 395 F.2d 577 (D.C. Cir. 1968)
  …p. 354, 360 (D.D.C.1967). On April 27, 1967, this court denied Appellants’ motion for summary reversal. Appellants’ petition for writ of certiorari prior to judgment in this court was denied by the Supreme Court on May 29, 1967, Powell v. McCormack, 387 U.S. 933, 87 S.Ct. 2056, 18 L.Ed.2d 995 (1967). While these legal proceedings were pending Mr. Powell was re-elected to the House of Representatives on April 11, 1967. The formal certification of election was received by the House on May 1, 1967. Mr. Powell…
• Fleming v. NEW York Univ., 865 F.2d 478 (2d Cir. 1989)
  …60(b)(3) motion cannot be granted absent clear and convincing evidence of material misrepresentations and cannot serve as an attempt to relitigate the merits. Mastini v. American Tel. & Telegraph Co., 369 F. 2d 378, 379 (2d Cir.1966), cert. denied, 387 U.S. 933, 87 S.Ct. 2055, 18 L.Ed.2d 994 (1967); Nederlandsche Handel-Maatschappij, [*485] N.V. v. Jay Emm, Inc., 301 F. 2d 114, 115 (2d Cir.1962). The University was not required on the summary judgment motion to come forward with information regarding the a…