Brown v. E.W. Bliss Co., 86-1761
| Decision Date | 10 December 1987 |
| Docket Number | No. 86-1761,86-1761 |
| Citation | 831 F.2d 810 |
| Parties | Thurman BROWN, Appellant, v. E.W. BLISS CO., E.W. Bliss Co., Inc., and W.H.B. Co., Inc., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Timothy W. Monsees, Kansas City, Mo., for appellant.
William T. Smith III, Kansas City, Mo., for appellees.
Before HEANEY, Circuit Judge, BRIGHT, Senior Circuit Judge, and ARNOLD, Circuit Judge.
On May 26, 1987, we filed our opinion in this case affirming the judgment of the District Court, which dismissed the complaint with prejudice, 818 F.2d 1405. On September 1, 1987, the panel granted rehearing, thus vacating the opinion and judgment previously filed.
After hearing reargument and carefully considering the positions of the parties, the panel has decided to adhere to its original opinion. The opinion previously filed, and the judgment previously entered in accordance with it, are therefore hereby reinstated.
It is so ordered.
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Anderson v. City of Minneapolis
...the rule of decision for relation back questions. Brown v. E.W. Bliss Co., 818 F.2d 1405, 1408 n.2 (8th Cir.), adhered to by, 831 F.2d 810 (8th Cir. 1987). The rationale for doing so was that the federal rule was more restrictive than the state rule in that case, which created the possibili......
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Schrader v. Royal Caribbean Cruise Line, Inc., 90-2598
...Id. at 31, 106 S.Ct. at 2385. In fact, we held in Brown v. E.W. Bliss Co., 818 F.2d 1405 (8th Cir.), reinstated after rehearing, 831 F.2d 810 (8th Cir.1987), that Schiavone would not permit relation back under Rule 15(c) in a case in which the defendant corporations had been through a mind-......