LAWRENCE W. SEXTON, RECEIVER, ETC., PETITIONER,
v.
ARMSTRONG CORK COMPANY

U.S. | 1908-01-06
No. 542
207 U.S. 597 Supreme Court of the United States (1908) Caution
Cited by 5 cases

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  • Williams v. Ward, 556 F.2d 1143 (2d Cir. 1977)
    …m), and cases cited in Mastracchio v. Ricci, 498 F. 2d 1257 (1 Cir. 1974), cert. denied, 420 U.S. 909, 95 S.Ct. 828, 42 L.Ed.2d 838 (1975). . In contrast to Halpern, see Kessler v. Armstrong Cork Co., 158 F. 744, 747-48 (2 Cir. 1907), cert. denied, 207 U.S. 597-98, 28 S.Ct. 262, 52 L.Ed. 357 (1908). . Though the criteria are phrased in § 213 and § 214(4) as necessary rather than sufficient conditions, Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient pe…
  • Winters v. Abe Lavine, 574 F.2d 46 (2d Cir. 1978)
    …stated in Halpern, that the decision there was limited to “the facts before us.” Of comparable importance is Judge Friendly’s citation to an old case from this circuit, Kessler v. Armstrong Cork Co., 158 F. 744, 747-48 (2d Cir. 1907), cert. denied, 207 U.S. 597, 28 S.Ct. 262, 52 L.Ed. 357 (1908), as a case to be “contrasted]” with Halpern. Indeed, Kessler does stand in “contrast” to Halpern, for Kessler stands for the traditional proposition that an alternative ground upon which a decision is based should…
  • In re Halpern v. Bankruptcy, 426 F.2d 102 (2d Cir. 1970)
    …In so holding, we think distinguishable the only other case we have found in this circuit which ruled on a somewhat similar issue, Kessler v. Arm [*107] strong Cork Co., 158 F. 744 (2d Cir. 1907), cert. denied sub nom. Sexton v. Armstrong Cork Co., 207 U.S. 597, 28 S.Ct. 262, 52 L.Ed. 357 (1908). To the extent that Patterson v. Saunders, 194 Va. 607, 74 S.E. 2d 204 (1953), Sheldon v. Edwards, 35 N.Y. (8 Tiffany) 279 (1866), Annot., 133 A.L.R. 840, 846 (1941) are to the contrary, we decline to follow them.4…

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