Opinion · Supreme Court of the United States
Cox v. International Longshoremen's Ass'n, Local 1273
Cox v. Int’l Longshoremen's Ass'n, Loc. 1273, 414 U.S. 1116 (1973)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1973-12-17
- Topic
- bankruptcy
reversing the denial of jurisdictional discovery even though the plaintiff had agreed in writing that discovery would not take place until after the district court ruled on the defendants' motions to dismiss | reversing the denial of jurisdictional discovery even though the plaintiff had agreed in writing that discovery would not take place until after the district court ruled on the defendants' motions to dismiss | reversing the denial of jurisdictional discovery even though the plaintiff had agreed in writing that discovery would not take place until after the district court ruled on the defendants' motions to dismiss | reversing the denial of jurisdictional discovery even though the plaintiff had agreed in writing that discovery would not take place until after the district court ruled on the defendants' motions to dismiss | continuance granted "[o]ut of an abundance of caution and to prevent a possible injustice" despite absence of affidavit | continuance granted “[o]ut of an abundance of caution and to prevent a possible injustice” despite absence of affidavit | “[This] fatality rate in summarily disposing of litigation in this manner is high indeed, and largely the result of prematurity through inordinate attention to theories of law at a time when the facts have not been fully developed.” | denial of 56(f) continuance was an abuse of discretion where case complications, in particular the parties’ relative access to the information sought, led to Circuit Court’s determination out of “an abundance of caution and to prevent a possible injustice” | “It is true that this representation was not in affidavit form by plaintiff in person but we think that the written representation by his lawyer [in the brief opposing summary judgment], an officer of the court, is in the spirit of Rule 56(f | police entry proper into storage unit with missing lock | sale and financing of residential property | employee at will held permanent position
Citator
- Cited by
- 41 opinions
C. A. 5th Cir. Certiorari denied.
Mr. Justice Douglas would grant certiorari.