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Bartsch v. Chamberlin Company of America, Inc.

United States Court of Appeals, Sixth Circuit
Apr 11, 1959
266 F.2d 357 (6th Cir. 1959)

Summary

confirming that dismissal for reasons other than lack of jurisdiction or improper venue was an adjudication on the merits unless otherwise stated

Summary of this case from Gen. Motors LLC v. FCA US LLC

Opinion

No. 13742.

April 11, 1959.

Robert F. Belovich and Belovich Berdis, Parma, Ohio, for appellant.

Charles D. Johnson, of Baker, Hostetler Patterson, Cleveland, Ohio, Armstrong, Helm, Marshall Schumann, Detroit, Mich., for appellee.

Before MARIS and MILLER, Circuit Judges, and MATHES, District Judge.


Appellant filed an action in the District Court against the appellee for breach of contract. Appellee moved to dismiss the action for the reason that the complaint failed to state a claim upon which relief could be granted. By order of July 3, 1957, the District Judge granted appellee's motion and ordered "that the complaint herein is hereby dismissed at plaintiff's costs." No appeal was taken.

On September 30, 1957, appellant filed the present action in the District Court against the appellee upon the same alleged cause of action. Appellee filed a motion for summary judgment in which it referred to the order of July 3, 1957, in the first case and stated that it constituted a complete bar against the prosecution by the appellant of this action. The District Judge ruled "Motion granted, pursuant to Rule 41(b).", and an order was entered dismissing the action at appellant's costs. This appeal followed.

Since the order of dismissal in the first case was not by reason of lack of jurisdiction or improper venue and did not specify that it was not upon the merits, under Rule 41(b), Rules of Civil Procedure, 28 U.S.C.A. it operated as an adjudication upon the merits. Van Brode Milling Co. v. Kellogg Co., D.C. Del., 113 F. Supp. 845, 847; Bartfield v. Parkhurst, D.C.Puerto Rico, 117 F. Supp. 82, 83. Appellant did not request leave to amend or that the order of dismissal provide that it was without prejudice. The District Judge correctly ruled that it operated as a bar to the present action. American National Bank Trust Co. v. United States, 79 U.S.App.D.C. 62, 142 F.2d 571.

The judgment is affirmed.


Summaries of

Bartsch v. Chamberlin Company of America, Inc.

United States Court of Appeals, Sixth Circuit
Apr 11, 1959
266 F.2d 357 (6th Cir. 1959)

confirming that dismissal for reasons other than lack of jurisdiction or improper venue was an adjudication on the merits unless otherwise stated

Summary of this case from Gen. Motors LLC v. FCA US LLC

In Bartsch v. Chamberlin, [ 266 F.2d 357 (6th Cir. 1959)] this court held that a Rule 12(b)(6) dismissal, by operation of Rule 41(b) Fed.R.Civ.Proc., is a decision on the merits.

Summary of this case from Rampy v. ICI Acrylics, Inc.
Case details for

Bartsch v. Chamberlin Company of America, Inc.

Case Details

Full title:Paul BARTSCH, Appellant, v. CHAMBERLIN COMPANY OF AMERICA, INC., Appellee

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 11, 1959

Citations

266 F.2d 357 (6th Cir. 1959)

Citing Cases

Rampy v. ICI Acrylics, Inc.

In the federal courts, a dismissal pursuant to 12(b)(6) is considered a decision on the merits with full res…

Mowett v. JPMorgan Chase Bank, N.A.

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