William Fuqua, Harold L. Mischel and Shirley B. Embry v. Vernie Bidwell

Sixth Circuit

William Fuqua, Harold L. Mischel and Shirley B. Embry v. Vernie Bidwell

281 F.2d 753, 1960 U.S. App. LEXIS 4031

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 12, 1960

Docket14212

StatusPublished

Cited by5 cases

This text of 281 F.2d 753 (William Fuqua, Harold L. Mischel and Shirley B. Embry v. Vernie Bidwell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

William Fuqua, Harold L. Mischel and Shirley B. Embry v. Vernie Bidwell, 281 F.2d 753, 1960 U.S. App. LEXIS 4031 (6th Cir. 1960).

Pincite

Opinion

PER CURIAM.

This day this cause came on to be heard upon the motion of the appellee to dismiss the appeal.

Upon consideration whereof the Court finds, that the appellants were commissioners of the City of Owensboro, Kentucky, at the time the appellee filed his complaint in the United States District Court, for the Western District of Kentucky; that they were sued in their capacity as city commissioners and also personally for the sum of $15,000 compensatory and punitive damages; that subsequently their terms of office expired and that they were not city commissioners of the City of Owensboro at the time of the trial on appellee’s complaint, in the District Court; that they were not proper parties after their terms of office expired in their representative capacity in an action against the city; Snyder v. Buck, 340 U.S. 15, 18, 71 S.Ct. 93, 95 L.Ed. 15; that the appellants’ successors in office became parties defendant to the action within six months after their terms of office began (Rule 25(d), F.R.Civ.P., 28 U.S.C.A.); that the action for damages against the appellants was adjudicated in their favor and that consequently there is no adverse judgment against them by which they are aggrieved or which gives them any interest in the order from which they attempt to appeal. Milgram v. Loew’s Inc., 3 Cir., 192 F.2d 579, 586, certiorari denied 343 U.S. 929, 72 S.Ct. 762, 96 L.Ed. 1339; In re Michigan-Ohio Bldg. Corporation, 7 Cir., 117 F.2d 191, 192; Atlas et al. v. United States, 3 Cir., 50 F.2d 808, 810.

It is therefore ordered, adjudged and decreed that the appeal be and it is hereby dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This day this cause came on to be heard upon the motion of the appellee to dismiss the appeal.

Upon consideration whereof the Court finds, that the appellants were commissioners of the City of Owensboro, Kentucky, at the time the appellee filed his complaint in the United States District Court, for the Western District of Kentucky; that they were sued in their capacity as city commissioners and also personally for the sum of $15,000 compensatory and punitive damages; that subsequently their terms of office expired and that they were not city commissioners of the City of Owensboro at the time of the trial on appellee’s complaint, in the District Court; that they were not proper parties after their terms of office expired in their representative capacity in an action against the city; Snyder v. Buck, 340 U.S. 15, 18, 71 S.Ct. 93, 95 L.Ed. 15; that the appellants’ successors in office became parties defendant to the action within six months after their terms of office began (Rule 25(d), F.R.Civ.P., 28 U.S.C.A.); that the action for damages against the appellants was adjudicated in their favor and that consequently there is no adverse judgment against them by which they are aggrieved or which gives them any interest in the order from which they attempt to appeal. Milgram v. Loew’s Inc., 3 Cir., 192 F.2d 579, 586, certiorari denied 343 U.S. 929, 72 S.Ct. 762, 96 L.Ed. 1339; In re Michigan-Ohio Bldg. Corporation, 7 Cir., 117 F.2d 191, 192; Atlas et al. v. United States, 3 Cir., 50 F.2d 808, 810.

It is therefore ordered, adjudged and decreed that the appeal be and it is hereby dismissed.

9 Fair empl.prac.cas. 165, 9 Empl. Prac. Dec. P 9867 Utility Contractors Association of New Jersey, Inc. v. Adrian R. Toops, Etc. Appeal of Local 122 of the United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, Afl-Cio, No. 74-1130. Appeal of Local 236 of the United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States and Canada, Afl-Cio, No. 74-1131. Appeal of Local No. 69 (Local 14) of the United Association of Journeymen& Apprentices of the Plumbing & Pipefitting Industry of the United States& Canada, Afl-Cio, in No. 74-1132

507 F.2d 83 (Third Circuit, 1974)

Utility Contractors Ass'n of New Jersey, Inc. v. Toops

507 F.2d 83 (Third Circuit, 1974)

Blassie v. Kroger Co.

345 F.2d 58 (Eighth Circuit, 1965)

Nicholas M. Blassie and Otto Etzel v. The Kroger Company, the Great Atlantic & Pacific Tea Company, Inc., and National Food Stores, Inc., Harry R. Poole and Frank X. Davis v. The Kroger Company, the Great Atlantic & Pacific Tea Company, Inc., and National Food Stores, Inc.

345 F.2d 58 (Eighth Circuit, 1965)

Cite This Page — Counsel Stack

Bluebook (online)

281 F.2d 753, 1960 U.S. App. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-fuqua-harold-l-mischel-and-shirley-b-embry-v-vernie-bidwell-ca6-1960.

Opinion

Related

Cite This Page — Counsel Stack