BALTIMORE & OHIO RAILROAD CO.

v.

KEPNER

Citator

Cited By

• Baltimore & Ohio R.R. Co. v. Kepner, 314 U.S. 44 (U.S. 1941)
  …was deemed a federal question of substance,1 undecided by this Court, and concerning which there was lack of uniformity in the state court decisions,2 certiorari was granted, 312 U. S. 671, the decree below affirmed here by an equally divided court, 313 U. S. 542, and the petition for rehearing allowed, 313 U. S. 597. [*48] This proceeding originally was brought by the petitioner, an interstate railroad, in the Court of Common Pleas of Hamilton County, Ohio, against the respondent Kepner, an injured resident…
• The Three Affiliated Tribes of the Fort Berthold Reservation v. The United States, 390 F.2d 686 (Ct. Cl. 1968)
  …t. A mere disparity is not sufficient. Creek Nation v. United States, 97 Ct.Cl. 602, 612 (1942), cert. denied, 318 U.S. 787, 63 S.Ct. 980, 87 L.Ed. 1154 (1943); Seminole Nation v. United States, 92 Ct.Cl. 210, 216 (1940), cert. denied, 313 U.S. 563, 61 S.Ct. 841, 85 L.Ed. 1523 (1941). A second difference in result is that appellant would be entitled to recover interest on any claim arising under the Fifth Amendment to the Constitution. Interest from the time of taking is automatically included in order to…
• In re Ira Laurence Hunter v. Ira Laurence Hunter, 780 F.2d 1577 (11th Cir. 1986)
  ….D.Ohio 1983); In re Musser, 24 B.R. 913 [*1580] (W.D.Va.1982); In re Colasante, 12 B.R. 635 (E.D.Pa.1981). In spite of Schweig’s protestations to the contrary, Davison-Paxon Co. v. Caldwell, 115 F. 2d 189 (5th Cir.1941), cert. denied 313 U.S. 564, 61 S.Ct. 841, 85 L.Ed. 1523 (1941), remains the law of this circuit on failure to disclose and states that “not making full disclosure ... is not within the exception.” The court was clear that there must be actual overt false pretense or representation to come…