J. A. KEMP, T. B. NOBLE, I. H. ROBERTS, ET AL.

v.

UNITED STATES

Citator

Cited By

• Flood v. Kuhn, 407 U.S. 258 (U.S. 1972)
  …d the complaint at the close of the evidence. The Second Circuit affirmed on the ground that the plaintiff’s evidence failed to establish that the interstate transportation was more than incidental. 12 F. 2d 341 (1926). This Court denied certiorari, 273 U. S. 703 (1926). Toolson v. New York Yankees,. Inc., 101 F. Supp. 93 (SD Cal. 1951), aff’d, 200 F. 2d 198 (CA9 1952); Kowalski v. Chandler, 202 F. 2d 413 (CA6 1953). See Salerno v. American League, 429 F. 2d 1003 (CA2 1970), cert. denied, sub nom. Salerno v…
• United States v. Shubert, 348 U.S. 222 (U.S. 1955)
  …a later dismissal if the plaintiff’s evidence failed to establish that the transportation was more than “incidental.” On that basis, the trial court dismissed the action and the Court of Appeals affirmed. 12 F. 2d 341. This Court denied certiorari. 273 U. S. 703. But, as the defendants admit, a denial of certiorari does not constitute [*229] an expression on the merits. Brown v. Allen, 344 U. S. 443, 489-497. That rule is particularly appropriate where the decision sought to be reviewed is essentially a fac…
• Ring v. Spina, 148 F.2d 647 (2d Cir. 1945)
  …isagree with the conclusion below that the restraint in question was not of commerce among the several states. The District Court relied particularly upon the cases of Hart v. B. F. Keith Vaudeville Exchange, 2 Cir., 12 F. 2d 341, certiorari denied 273 U.S. 703, 704, 47 S.Ct. 97, 71 L.Ed. 849, and Federal Base Ball Club of Baltimore v. National League, 259 U.S. 200, 42 S.Ct. 465, 66 L.Ed. 898, 26 A.L.R. 357. These cases held that contracts for the personal services for exhibition purposes of vaudeville an…