green
Positive treatment
Quoted verbatim 1×
4.7 score
“n order dismissing a complaint with prejudice for failure to state a claim upon which relief can be granted with no mention of amendment and no attempt at amendment shown in the record is a final appealable order....”
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Houghton v. COUNTY COM'RS OF KENT CTY.
n order dismissing a complaint with prejudice for failure to state a claim upon which relief can be granted with no mention of amendment and no attempt at amendment shown in the record is a final appealable order....
discussed
Cited "see"
United States v. Orlando Jacobs
See United States v. Brinklow, 560 F.2d 1003, 1006 (10th Cir.1977) ("Whether the government should be required to accept defendant’s offer to stipulate as to the fact of a prior felony conviction is a discretionary matter with the trial court."), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978); United States v. O'Shea, 724 F.2d 1514, 1516-17 (11th Cir.1984); see also United States v. Dockery, 955 F.2d 50, 54 (D.C.Cir.1992) (dictum). .
cited
Cited "see"
Csx Transportation, Inc. v. United Transportation Union
See Cedar Coal Co. v. United Mine Workers, 560 F.2d 1153 , 1166 (4th Cir.1977), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978); 13A C.
cited
Cited "see"
State v. Hale
See United States v. Brinklow, 560 F.2d 1003 (10th Cir. 1977), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978).
cited
Cited "see"
United States v. Michael John Grassi, Jr.
See United States v. Brinklow, 560 F.2d 1003, 1006 (10th Cir. 1977), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978); Wright, supra, § 5194 at 198-199.
discussed
Cited "see, e.g."
Mt. Graham Red Squirrel v. Madigan
Wright & A. Miller, Federal Practice and Procedure § 2962, at 614 (1973) (“when a court declines to make a formal ruling on a motion for a preliminary injunction, but its action has the effect of denying the requested relief, its refusal to issue a specific order will be treated as equivalent to the denial of a preliminary injunction and will be appeal-able”); see also Cedar Coal Co. v. United Mine Workers, 560 F.2d 1153, 1161-62 (4th Cir.1977) (“the indefinite continuance amounted to the refusing of an injunction and is appealable”), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.…
discussed
Cited "see, e.g."
Mt. Graham Red Squirrel v. Madigan
Wright & A. Miller, Federal Practice and Procedure § 2962, at 614 (1973) ("when a court declines to make a formal ruling on a motion for a preliminary injunction, but its action has the effect of denying the requested relief, its refusal to issue a specific order will be treated as equivalent to the denial of a preliminary injunction and will be appealable"); see also Cedar Coal Co. v. United Mine Workers, 560 F.2d 1153, 1161-62 (4th Cir.1977) ("the indefinite continuance amounted to the refusing of an injunction and is appealable"), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798…
discussed
Cited "see, e.g."
Rolo v. General Development Corp.
See also Cedar Coal Co. v. United Mine Workers, 560 F.2d 1153, 1161-62 (4th Cir.1977), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978); United States v. Lynd, 301 F.2d 818, 822 (5th Cir.), cert. denied, 371 U.S. 893 , 83 S.Ct. 187 , 9 L.Ed.2d 125 (1962).
discussed
Cited "see, e.g."
Jose Rolo, Rosa Rolo, Dr. William Tenerelli v. General Development Corporation, Gdv Financial, Inc., David F. Brown, Robert F. Ehrling, the Home Insurance Company, the Federal Mortgage Loan Association, the Federal Home Loan Mortgage Association, Carteret Mortgage Corp., the Citizens and Southern National Bank, Southeast Bank, N.A., Citizens and Southern Trust Company (Florida) National Association, Ambase Corporation, Chase Federal Savings & Loan Association, Secor National Bank, Capital Bank, John Does, 1-15, City Investing Company Liquidating Trust, Carteret Bancorp, Inc., Carteret Savings Bank, Fa, George T. Scharffenberger, Marshall Manley, Edwin I. Hatch, Eben W. Pyne, Reubin O'd. Askew, Howard L. Clark, Jr., Charles J. Simons, Peter R. Brinckerhoff, Cravath, Swaine, David G. Ormsby, Painewebber Incorporated, Merrill, Lynch, Pierce, Fenner & Smith, Incorporated, the Prudential Insurance Company of America, National Bank of Canada, Citicorp Real Estate, Inc., First National Bank of Boston, Federal National Mortgage Association, Chase Federal Bank, Fsb, Secor Bank, Fsb, Oxford First Corp., the Oxford Finance Companies, Inc., Stanchart Business Credit, Inc., Harbor Federal Savings and Loan Association, Greyhound Financial Corporation, Lloyds Bank Plc, John Does 1-10. Jose Rolo, Rosa Rolo, Dr. William Tenerelli v. General Development Corporation, Gdv Financial, Inc., David F. Brown, Robert F. Ehrling, the Home Insurance Company, the Federal Mortgage Loan Association, the Federal Home Loan Mortgage Association, Carteret Mortgage Corp., the Citizens and Southern National Bank, Southeast Bank, N.A., Citizens and Southern Trust Company (Florida) National Association, Ambase Corporation, Chase Federal Savings & Loan Association, Secor National Bank, Capital Bank, John Does, 1-15, Honorable Harold A. Ackerman, United States District Judge, Nominal
See also Cedar Coal Co. v. United Mine Workers, 560 F.2d 1153, 1161-62 (4th Cir.1977), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 , 54 L.Ed.2d 798 (1978); United States v. Lynd, 301 F.2d 818, 822 (5th Cir.), cert. denied, 371 U.S. 893 , 83 S.Ct. 187 , 9 L.Ed.2d 125 (1962). 32 For an interlocutory order to be immediately appealable under § 1292(a)(1), however, the Rolos "must show more than that the order has the practical effect of refusing an injunction." Carson v. American Brands, Inc., 450 U.S. 79, 84 , 101 S.Ct. 993, 996 , 67 L.Ed.2d 59 (1981).
discussed
Cited "see, e.g."
Sweitzer v. Hewitt
See also United States v. Brinklow, 560 F.2d 1003, 1007 (10th Cir.) (with exculpatory accomplice testimony, accomplice charge may well be inappropriate), cert. denied, 434 U.S. 1047 , 98 S.Ct. 893 (1977).
Retrieving the full opinion text from the archive…
Drielick
v.
Michigan
v.
Michigan
No. 77-816.
Supreme Court of the United States.
Jan 23, 1978.
Cited by 4 opinions | Published
Citer courts: Court of Appeals of Maryland (1)
Sup. Ct. Mich. Certiorari denied.