U.S. Court of Appeals for the Fourth Circuit, 1970

Judson H. Blount, Jr. v. State Bank & Trust Company, a North Carolina Corporation

U.S. Court of Appeals for the Fourth Circuit · Decided May 6, 1970 · Haynsworth, Sobeloff, Butzner

425 F.2d 266; 21 Fed. R. Serv. 2d 1452; 1970 U.S. App. LEXIS 9382 (Federal Reporter, Second Series)

Counsel

C. R. Wheatly, Jr., Beaufort, N. C., and Frank M. Wooten, Jr., Greenville, N. C., for appellant., Sam B. Underwood, Jr., Greenville, N. C., Fred Helms, Charlotte, N. C., and Eugene J. Metzger, Washington, D. C., for appellees.

Cases that cite this one

11 later published cases cite this decision. The 10 that cite it most often are listed here.

Shellman v. United States Lines, Inc. (9th Cir. 1975)
Patterson v. State (Ind. 1975)
American Automobile v. Commissioner, MA EPA (1st Cir. 1994)
American Automobile Manufacturers Association v. Commissioner, Massachusetts Department of Environmental Protection (1st Cir. 1994)
American Automobile v. Commissioner, MA EPA (1st Cir. 1994)
Clarendon Ltd. v. Nu-West Industries, Inc. (3d Cir. 1991)
Brookhaven Landscape & Grading Co., Inc. v. J. F. Barton Contracting Company and United States Fidelity and Guaranty Co. (11th Cir. 1982)
Geraldine Waldrop v. United States Department of the Air Force (7th Cir. 1982)
In the Matter of Penn Central Transportation Company, Debtor (3d Cir. 1980)
United States of America, Nisqually Indian Tribe and Puyallup Indian Tribe, Intervenors-Appellants v. State of Washington, Department of Fisheries (9th Cir. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Despite repeated inquiries from our Clerk, to which no response was made, the appellant’s counsel failed to comply with the briefing schedule of the Federal Rules of Appellate Procedure. Finally, after the appellee moved to dismiss the appeal, the appellant proposed to voluntarily dismiss under FRAP 42(b).

We believe, however, that voluntary dismissal is not appropriate when the appellee has been put to trouble and expense because the appellant has not complied with the rules of court. Accordingly, the appellee’s motion to dismiss is granted. Costs on appeal are taxed against C. R. Wheatly, Jr., Esquire, one of appellant’s counsel, without contribution from the appellant or his other counsel.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.