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Gulf Oil Company v. Bill's Farm Center, Inc., and Billy Ray Danner, and Gloria Ann Danner, D/B/A Bill's Farm Center

GULF OIL COMPANY, Appellee, v. BILL’S FARM CENTER, INC., and Billy Ray Danner, and Gloria Ann Danner, D/B/A Bill’s Farm Center, Appellants

Gulf Oil Co. v. Bill's Farm Ctr., Inc., 449 F.2d 778 (8th Cir. 1971)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
December 6, 1971
Docket
No. 20718
Judges
Gibson, Bright, Ross
Citations
449 F.2d 778

Opinion — Per Curiam

PER CURIAM.

Judgment affirmed. See Rule 14, Rules of the United States Court of Appeals for the Eighth Circuit.

The action of the trial judge in entering a default judgment on the liability issue in this open account case for failure of defendants’ then counsel to comply with pretrial orders, the Rules of Civil Procedure and to make discovery was fully warranted; the findings and conclusions of the trial court entered after a plenary hearing on the amount in dispute, and the final judgment of $28,900.-00, plus interest, were fully justified on the record.

We think counsel had an affirmative duty to assist the trial court in expediting and completing pretrial proceedings, delineating the issues and in general advancing the disposition of the case. De-Jay and evasion are added burdens on litigation, causing waste of judicial and legal time, are unfair to the litigants and offend the administration of justice.

This criticism of defendants’ counsel relates only to the delaying and evasive tactics practiced and utilized by defendants’ counsel in the trial court and is not intended as any reflection whatsoever on defendants’ appellate counsel.

How later courts describe this case

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

1974: 11977: 11981: 21982: 11989: 12024: 119742026peak 1981 · 2

Relies on it most ⓘ

  1. National Lawyers Guild v. Attorney General94 F.R.D. 600 (S.D.N.Y. 1982)
  2. Howell Enterprises, Inc. v. First National Bank in Stuttgart (In re Howell Enterprises, Inc.)99 B.R. 413 (Bankr. E.D. Ark. 1989)
  3. American Electronics Laboratories, Inc. v. Dopp369 F. Supp. 1245 (D. Del. 1974)
  4. Savola v. Webster644 F.2d 743 (8th Cir. 1981)
  5. Bankers National Life Insurance v. Continental National Corp.91 F.R.D. 448 (N.D. Ill. 1981)
  6. E. L. Denton v. Mr. Swiss Of Missouri, Inc.564 F.2d 236 (8th Cir. 1977)

Most recent

  1. RAZAK v. UBER TECHNOLOGIES, INC.No. 2:16-cv-00573 (E.D. Pa. July 30, 2024)
  2. Howell Enterprises, Inc. v. First National Bank in Stuttgart (In re Howell Enterprises, Inc.)99 B.R. 413 (Bankr. E.D. Ark. 1989)
  3. National Lawyers Guild v. Attorney General94 F.R.D. 600 (S.D.N.Y. 1982)
  4. Bankers National Life Insurance v. Continental National Corp.91 F.R.D. 448 (N.D. Ill. 1981)
  5. Savola v. Webster644 F.2d 743 (8th Cir. 1981)
  6. E. L. Denton v. Mr. Swiss Of Missouri, Inc.564 F.2d 236 (8th Cir. 1977)

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 0

No citations to other opinions in this database were found.

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