Papaliolios v. Durning
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
FRANK, Circuit Judge.
1. The gist of the action was the validity of the demand for payment of the fine to obtain clearance in 1948. Since the master, in bringing the action, had been acting for the owner and the agents, payment of the fine by the agents did not, we think, render the action moot. The District Court should have allowed the complaint tO' be amended so that the suit could continue as one for the recovery of the $1,500, Intervention by the agents was permissible under Rule 24(b) (2), Federal Rules of Civil Procedure, 28 U.S.C.A. The District Court had discretion to refuse it, but did not exercise that discretion, basing its determination on a mistaken conclusion that the suit was moot.
2. Absent a showing that the defendant is likely again to repeat the conduct of which plaintiff complains, that part of the action which seeks a declaratory judgment is moot. However, the District Court should allow plaintiffs, should they so request, to amend the complaint to allege facts, if any, showing such a likelihood. See Southern Pac. Terminal Co. v. Interstate Commerce Commission, 219 U.S. 498, 515-516 , 31 S.Ct. 279 , 55 L.Ed. 310 ; Walling v. Mutual Wholesale Food & Supply Co., 8 Cir., 141 F.2d 331, 334-335 , and cases there cited; Walling v. Haile Gold Mines, 4 Cir., 136 F.2d 102, 105 , and cases there cited.
Reversed and remanded.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
- Papaliolios v. Durning
- Field Enterprises Educational Corp. v. Cove Industries, Inc.
- Lucien Lelong, Inc. v. Dana Perfumes, Inc.
- General Dynamics Corporation v. Local 5, Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio, General Dynamics Corporation v. Local 5, Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio, and Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio
- Butler v. District of Columbia
- General Dynamics Corp. v. Local 5, Industrial Union of Marine & Shipbuilding Workers
Most recent
- General Dynamics Corporation v. Local 5, Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio, General Dynamics Corporation v. Local 5, Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio, and Industrial Union of Marine and Shipbuilding Workers of America, Afl-Cio
- General Dynamics Corp. v. Local 5, Industrial Union of Marine & Shipbuilding Workers
- Field Enterprises Educational Corp. v. Cove Industries, Inc.
- Butler v. District of Columbia
- Lucien Lelong, Inc. v. Dana Perfumes, Inc.
- Papaliolios v. Durning
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.