CITY OF SALAMANCA ET AL.
v.
UNITED STATES

U.S. | 1942-06-01
No. 1195
Me. Justice Jackson took no part in the consideration or decision of this application.
316 U.S. 694 Supreme Court of the United States (1942) Positive Treatment
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  • …l statutory guidance, the governing rule of decision would be fashioned by the federal court in the mode of the common law.” Id., at 674 (citing United States v. Forness, 125 F. 2d 928 (CA2), cert, denied sub nom. City of Salamanca v. United States, 316 U. S. 694 (1942)). In keeping with these well-established principles, we hold that the Oneidas can maintain this action for violation of their possessory rights based on federal common law. B Pre-emption Petitioners argue that the Nonintercourse Acts pree…
  • …2 (1964). For the nature and purpose of findings of fact and conclusions of law and the duty of the trial judge in their preparation, see United States v. Forness, 125 F. 2d 928, 942-943 (2d Cir.), cert. denied, City of Salamanca v. United States, 316 U.S. 694, 62 S.Ct. 1293, 86 L.Ed. 1764 (1942). Some courts have indicated that it is not impermissible for the District Court to adopt, verbatim, proposed findings and conclusions in a case involving highly technical issues, such as may be involved in paten…

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