(Download) "Commerce Oil Refining Corp. v. Miner" by United States Court of Appeals First Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Commerce Oil Refining Corp. v. Miner
- Author : United States Court of Appeals First Circuit
- Release Date : January 16, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal involves a relatively small, but important issue. In 1957 defendant-appellant Commerce Oil Refining Corp., a Delaware corporation, brought a diversity action in the United States District Court for the District of Rhode Island against plaintiffs-appellees Miner et al., residents of the island of Conanicut, Rhode Island, hereinafter collectively Miner. The complaint sought damages for conspiracy and an injunction preventing Miner from interfering with Commerces proposed erection of an oil refinery upon the island pursuant to a license from the local authorities. Miner filed a counterclaim asking for a declaration that the license was invalid and for an injunction against the erection of the refinery as a potential nuisance. The case was reached for trial in March 1958, at which time Commerce abandoned its complaint without offering evidence, the complaint was dismissed with prejudice, and the trial proceeded upon the counterclaim. Thereafter the court made determinations in favor of Miner. These were reversed in this court, and the counterclaim was dismissed. Commerce Oil Refining Corp. v. Miner, D.C.R.I., 1959, 170 F.Supp. 396, revd 1 Cir., 1960, 281 F.2d 465, cert. den. 364 U.S. 910, 81 S. Ct. 274, 5 L. Ed. 2d 225. In December 1960, the day after certiorari was denied, Miner instituted the present action in the district court. The complaint was in three counts: count I was for violation of civil rights, count II for malicious use of process, count III for malicious abuse of process. Commerce moved to dismiss each on three grounds; lack of jurisdiction, failure to state a cause of action, and the statute of limitations. The court found jurisdiction, dismissed counts I and III for failure to state a cause of action, but denied the motion with respect to count II. It entered an "Order * * That defendants Motion to Dismiss Count II of the complaint is denied." This action was accompanied by an opinion, 198 F.Supp. 887.