LEONARD, TRADING AS COMMUNITY VARIETY STORE,
v.
MAXWELL, COMMISSIONER OF REVENUE

U.S. | 1939-11-13
No. 447
308 U.S. 516 Supreme Court of the United States (1939) Caution
Cited by 8 cases
Per_curiam
Per Curiam:

Per Curiam:

The motion for leave to file a statement as to jurisdiction is granted. The motion to dismiss is also granted and the appeal is dismissed for want of a substantial federal question. (1) American Sugar Refining Co. v. Louisiana, 179 U. S. 89, 93-95; Carmichael v. Southern Coal Co., 301 U. S. 495, 509-510; Rapid Transit Corp. v. New York, 303 U. S. 573, 578-581. (2) Smiley v. Kansas, 196 U. S. 447, 457; Darnell v. Indiana, 226 U. S. 390, 398.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Sherwood, 312 U.S. 584 (U.S. 1941)
    …or must make certain that respondent has legal authority to relinquish the judgment debtor’s claim in excess of $10,000, and that this has been accomplished by the limitation of his demand for judgment to that amount. See Franklin v. United States, 308 U. S. 516; Otis Elevator [*592] Co. v. United States, 18 F. Supp. 87. The Government’s consent to litigate such issues is hardly to be inferred from its consent to be sued upon a claim for damages for breach of contract. Cf. National Surety Co. v. Washington…
  • Owen v. The United States, 851 F.2d 1404 (Fed. Cir. 1988)
    …he United States to improve navigation.” 457 F. 2d at 977 (citing W.A. Ross Constr. Co. v. Yearsley, 103 F. 2d 589 (8th Cir.1939), aff'd, 309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554 (1940), and Franklin v. United States, 101 F. 2d 459 (6th Cir.), aff'd, 308 U.S. 516, 60 S.Ct. 170, [*1413] 84 L.Ed. 439 (1939)). However, examination reveals that the Supreme Court’s affir-mances of the judgments in Ross and Franklin were on entirely different grounds than those described in the two Court of Appeals opinions relie…
  • Pitman v. The United States, 457 F.2d 975 (Ct. Cl. 1972)
    …t the paramount power of the United States to improve navigation. W. A. Ross Const. Co. v. Yearsley, 103 F. 2d 589 (8th Cir. 1939) aff’d 309 U.S. 18, 60 S. Ct. 413, 84 L.Ed. 554 (1940); Franklin v. United States, 101 F. 2d 459 (6th Cir. 1939); aff’d 308 U.S. 516, 60 S.Ct. 170, 84 L.Ed. 439. Upon facts which are so similar that they control the result in this case, this court reached the same conclusion in Southern Pacific Co. v. United States, 58 Ct.Cl. 428 (1923); aff’d 266 U.S. 586, 45 S.Ct. 124, 69 L.Ed.…

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