The court reversed the dismissal with prejudice because Ulmer had timely requested writs to secure the attendance of witnesses, but the record did not show that the request had been issued or evaluated.
U.S. Court of Appeals for the Fifth Circuit, 1982
Published opinions from 1982. The case name opens the case page.
1982 opinions
5th Cir.Kaiser Aluminum & Chemical Sales, Inc., Plaintiff-Appellee v. Avondale Shipyards, Inc., Defendant-Appellant
June 7, 1982677 F.2d 1045
The Fifth Circuit affirmed dismissal of Avondale’s antitrust counterclaim and the striking of its antitrust defense. The counterclaim was untimely because the alleged tying injury and resulting damages were ascertainable when the fixed-price contract was executed, and Avondale alleged no later antitrust injury…
5th Cir.United States of America, Plaintiff-Appellee v. Nelson Bell, Defendant-Appellant
June 1, 1982678 F.2d 547
The en banc court affirmed Bell’s conviction under 18 U.S.C. § 2113(b), holding that the statute reaches a felonious taking accomplished by deceit even when the taking is not common-law larceny.
The en banc court held that a party who does not timely object to a magistrate’s report loses the right to a de novo district-court determination of covered issues and generally may not challenge adopted factual findings on appeal, except for plain error or manifest injustice.