STRINGER

v.

JOHNSON ET AL.

Citator

Cited By

• Sheet Metal Workers Local 19 & Sheet Metal Workers Welf. v. Keystone Heating AND AIR Conditioning, 934 F.2d 35 (3d Cir. 1991)
  …to the ERISA claims, we have not considered Keystone's arguments concerning the residential rate, the so-called “most favored nation" clause, and the vacation fund. . See, e.g., Morgan v. Weinberger, 848 F. 2d 909, 911 (8th Cir.1988), cert. denied, 488 U.S. 1013, 109 S.Ct. 802, 102 L.Ed.2d 793 (1989). . Keystone also contends that the district court erred in admitting certain items of evidence and making certain statements in the jury’s presence. We find that these arguments lack merit.…
• Omaha Indian Tribe v. Tract I-Blackbird Bend Area: Agric. & Indus. Inv. Co., 933 F.2d 1462 (8th Cir. 1991)
  …ction only after the Tribe failed to heed its warning. See Mangan v. Weinberger, 848 F. 2d 909, 911 (8th Cir.1988) (finding dismissal with prejudice was appropriate when plaintiff failed to comply with an order to amend his pleadings), cert. denied, 488 U.S. 1013, 109 S.Ct. 802, 102 L.Ed.2d 793 (1989); Henderson v. Duncan, 779 F. 2d 1421, 1425 (9th Cir.1986) (holding court properly dismissed the plaintiff’s case after plaintiff’s counsel failed to heed the court’s warning that failure to submit an acceptable…
• Atkins v. Gomoll, 967 F.2d 1197 (8th Cir. 1992)
  …rt and plain statement of the claim showing that the pleader is entitled to relief.” A dismissal without prejudice under Rule 8 is within the sound discretion of the trial court. Mangan v. Weinberger, 848 F. 2d 909, 911 (8th Cir.1988), cert, denied, 488 U.S. 1013, 109 S.Ct. 802, 102 L.Ed.2d 793 (1989); Gillibeau v. City of Richmond, 417 F. 2d 426, 431 (9th Cir.1969). First, nothing in the complaint remotely avers to Northwest’s failure to include the 1983 back pay settlement awards into pension calculations…