SHAWNEE MANUFACTURING CO. ET AL.

v.

HARTFORD-EMPIRE CO.

Citator

Cited By

• Viles v. Prudential Ins. Co. of Am., 124 F.2d 78 (10th Cir. 1941)
  …we have indicated, was in the insured. It follows that the trial court rightfully sustained the motion to strike the beneficiary as a party plaintiff. In Henderson v. United States Radiator Corporation, 10 Cir., 78 F. 2d 674, 675, certiorari denied 296 U.S. 635, 56 S.Ct. 157, 80 L.Ed. 452, this court said: “The doctrine of res judicata embodies two main rules which may be stated as follows: “(1) The final judgment or decree of a court of competent jurisdiction upon the merits concludes the parties and th…
• Mut. Ben. Health & Accident Ass'n v. Moyer, 94 F.2d 906 (9th Cir. 1938)
  …injuries “while participating in or in consequence of having participated in aeronautics.” The Circuit Court of Appeals for the Eighth Circuit reached the opposite conclusion in Gregory v. Mutual Life Ins. Co., 78 F. 2d 522, 523, certiorari denied 296 U.S. 635, 56 S.Ct. 157, 80 L.Ed. 451. The court held that a passenger was not participating within the meaning of the term participation in aeronautics.” It was pointed out that the word “aeronautics” ordinarily implies something more than the mere making us…
• Sulzbacher v. Cont'l Cas. Co., 88 F.2d 122 (8th Cir. 1937)
  …on an aeroplane as a passenger was not participating in aeronautics. This opinion was not published in the advance sheets of the Federal Reporter until September 30, 1935. Application for certiorari was denied by the Supreme Court October 28, 1935, 296 U.S. 635, 56 S.Ct. 157, 80 L.Ed. 451, while this case was tried October 17, 1935. In denying the motion for a new trial, the court stated that the case had been tried by both parties upon the claim that the accident from which the insured died was covered b…