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Tucker v. National Linen Service Corp.

TUCKER Et Al. v. NATIONAL LINEN SERVICE CORP. Et Al.

Tucker v. Nat'l Linen Serv. Corp., 188 F.2d 265 (5th Cir. 1951)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 10, 1951
Docket
No. 13351_1
Judges
Hutcheson, McCORD, Wright
Citations
188 F.2d 265

Opinion — Hutcheson

*266 HUTCHESON, Chief Judge.

This appeal from a judgment dismissing for want of requisite diversity the stockholders derivative action, brought on behalf of Crescent City Laundries, Inc., presents fundamentally the same questions as are presented in the case of Tucker v. New Orleans Laundries, 5 Cir., 188 F.2d 263 .

Heard after the New Orleans case was heard and decided, the opinion and judgment of the district judge in this case followed and were based largely on the opinion and judgment there.

While in the course of his decision, the district judge did discuss and consider other matters, the decision on the diversity issue is dispositive of the case, and makes unnecessary our consideration of those matters.

It is sufficient to say that the decision in this case is controlled by that in the New Orleans case and that, for the reasons given in the affirmance of the judgment in that case, the judgment of dismissal in this case is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1953: 21959: 21962: 119532026peak 1953 · 2

Relies on it most ⓘ

  1. Tucker v. New Orleans Laundries, Inc.114 So. 2d 866 (La. 1959)
  2. Tucker v. National Linen Service Corp.200 F.2d 858 (5th Cir. 1953)
  3. Crawford v. Lydick179 F. Supp. 211 (W.D. Mich. 1959)
  4. Smith v. Sperling117 F. Supp. 781 (S.D. Cal. 1953)
  5. Tucker v. New Orleans Laundries, Inc.145 So. 2d 365 (La. Ct. App. 1962)

Most recent

  1. Tucker v. New Orleans Laundries, Inc.145 So. 2d 365 (La. Ct. App. 1962)
  2. Crawford v. Lydick179 F. Supp. 211 (W.D. Mich. 1959)
  3. Tucker v. New Orleans Laundries, Inc.114 So. 2d 866 (La. 1959)
  4. Smith v. Sperling117 F. Supp. 781 (S.D. Cal. 1953)
  5. Tucker v. National Linen Service Corp.200 F.2d 858 (5th Cir. 1953)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Tucker v. New Orleans Laundries, Inc., 188 F.2d 263 (5th Cir. 1951) 8

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