BLACKMAN ET AL.
v.
STONE ET AL.
BLACKMAN ET AL.
STONE ET AL.
300 U.S. 641
Supreme Court of the United States (1937)
Positive Treatment
Cited by 6 cases
Per_curiam
Per Curiam:
The decree entered by the District Court composed of three judges under 28 U. S. C. 380 is vacated upon the ground that the cause, so far as relief by injunction is sought, has become moot (Mills v. Green, 159 U. S. 651, 653; Jones v. Montague, 194 U. S. 147, 151, 152; Richardson v. McChesney, 218 U. S. 487, 492; Mahan v. Hume, 287 U. S. 575), but without prejudice to action by the District Court in relation to any matter which may remain' in the cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gelpi v. Tugwell, 123 F.2d 377 (1st Cir. 1941)…if the appeal is to be dismissed on this ground it would be most unjust to leave the judgment below standing as res judicata; and I think that the doctrine of res judicata is sufficiently flexible to avoid such a harsh result. Cf. Blackman v. Stone, 300 U.S. 641, 57 S.Ct. 514, 81 L.Ed. 856. But it seems to me unfortunate to put upon appellant the burden of subsequent litigation when, as I see it, these issues are legitimately before us for decision now. I shall briefly indicate my view on the merits. Sect…1 / 2
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United States v. Munsingwear, 178 F.2d 204 (8th Cir. 1949)…appeal is to be dismissed on this ground it would be most unjust to leave the judgment below standing as res judicata; and I think that the doctrine of res judicata is sufficiently flexible to avoid such a harsh result. Cf. Blackman v. Stone, [*207] 300 U.S. 641, 57 S.Ct. 514, 81 L.Ed. 856. But it seems to me unfortunate to put upon appellant the burden of subsequent litigation when, as I see it, these issues are legitimately before us for decision now.” In view of the reservations contained in the opinion…
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Blackman v. Stone, 101 F.2d 500 (7th Cir. 1939)…e District Court on the ground that the cause, so far as relief by injunction was sought, had become moot. This order was without prejudice to action by the District Court in relation to any matter which might remain in the cause. Blackman v. Stone, 300 U.S. 641, 57 S.C. 514, 81 L.Ed. 856. On September 29, 1937, appellees filed their motion in the District Court to dismiss the bill. This was heard before the regular district judge and thereafter the three-judge court did not participate. The decree, after…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mills v. Green, 159 U.S. 651 (U.S. 1895)
- Jones v. Montague, 194 U.S. 147 (U.S. 1904)
- Richardson v. McChesney, 218 U.S. 487 (U.S. 1910)
- Sevier Comm'n Co. v. Wallowa Nat'l Bank, 287 U.S. 575 (U.S. 1932)
- Biggs v. Mo. Pac. R. Co., 287 U.S. 575 (U.S. 1932)