SHAPIRO ET AL.
v.
EVENING TIMES PRINTING & PUBLISHING CO.

U.S. | 1939-10-09
No. 85
308 U.S. 566 Supreme Court of the United States (1939) Positive Treatment
Cited by 1 case
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  • Debreceni v. The Outlet Co., 784 F.2d 13 (1st Cir. 1986)
    …t 355 (3d ed. 1957) (footnote omitted). “[I]t is a fiction which cannot be applied where the demands of justice do not imperatively require its application.” Pitcairn v. American Refrigerator Transit Co., 101 F. 2d 929, 934 (8th Cir.), cert. denied, 308 U.S. 566, 60 S.Ct. 78, 84 L.Ed. 475 (1939). We conclude that the fiction of retroactivity also should not be applied to affect adversely the rights of third persons. Outlet argues that section 558 was intended to protect employers who were taken unawares by…

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