ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA
v.
WIGGINTON

U.S. | 1942-10-12
No. 91
317 U.S. 636 Supreme Court of the United States (1942) Positive Treatment
Cited by 9 cases

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  • …reversal should take place where the trial court misapprehended the effect of undisputed evidence. Hart v. Gallis, 275 F. 2d 297, 299 (7th 1960). See also Wigginton v. Order of United Commercial Travelers, 126 F. 2d 659, 661 (7th 1942), cert. den., 317 U.S. 636, 63 S.Ct. 28, 87 L.Ed. 513, and Pflugradt v. United States, 310 F. 2d 412, 415 (7th 1932). Justice does simply not permit blame to be based solely on conjecture in the guise of inference. Moore v. Chesapeake & Ohio Ry Co., 340 U.S. 573, 578, 71 S.C…
  • Ralston Steel Corp. v. The United States, 340 F.2d 663 (Ct. Cl. 1965)
    …e jurisdiction of the Treasury Department over the claim in issue was exclusive and that its decision was to be final. There is no such exclusionary provision in this case. In Roden Coal Co. v. United States, 95 Ct.Cl. 219, 231 (1941), cert. denied, 317 U.S. 636, 63 S.Ct 28, 87 L.Ed. 513 (1942), plaintiff, in claiming damages for injury to his property caused by the defendant’s1 dredging operations, relied on a Congressional Act providing for maintenance of the waterway being dredged. The court seems to hav…
  • Apolskis v. Concord Life Ins. Co., 445 F.2d 31 (7th Cir. 1971)
    …d on credibility resolutions and inferences drawn from conflicting testimony. See, e. g., Carter Oil Co. v. McQuigg, 112 F. 2d 275 (7th Cir. 1940); Wigginton v. Order of United Commercial Travelers of America, 126 F. 2d 659 (7th Cir.), cert. denied, 317 U.S. 636, 63 S.Ct. 28, 87 L.Ed. 513 (1942); Hart v. Gallis, 275 F. 2d 297, 299 (7th Cir. 1960); Yorke v. Thomas Iseri Produce Co., 418 F. 2d 811 (7th Cir. 1969). The evidence clearly established that the insured knowingly failed to disclose his heart condit…

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