KELLY
v.
JOHNSTON, WARDEN

U.S. | 1943-01-11
No. 398
317 U.S. 699 Supreme Court of the United States (1943) Caution
Cited by 3 cases

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  • …delphia Marine Terminal Ass’n, 276 F. 2d 931 (3d Cir. 1960), is not to the contrary because in that ease the appeal was taken and decided before the twenty day period had expired. See Benitez v. Anciani, 127 F. 2d 121 (1st Cir. 1942), cert. denied, 317 U.S. 699, 63 S.Ct. 439, 87 L.Ed. 559 (1943) and Southard & Co. v. Salinger, 117 F. 2d 194 (7th Cir. 1941) where the courts, upon finding that temporary restraining orders bad expired by virtue of the Rule 65(b) limitations, held that there was no existing or…
  • Levine-Appellee v. Comcoa Ltd., 70 F.3d 1191 (11th Cir. 1995)
    …n finding that temporary restraining orders had expired by virtue of the Rule 65(b) limitations, was to hold that there was no existing order to review and dismiss the appeals as moot. Benitez v. Anciani, 127 F. 2d 121 (1st Cir.1942), cert. denied, 317 U.S. 699, 63 S.Ct. 439, 87 L.Ed. 559 (1943) and Southard & Co. v. Salinger, 117 F. 2d 194 (7th Cir.1941). Subsequent courts have distinguished these cases where, as here, a district court has ordered an indefinite extension of the TRO. See Pan American Wor…
  • Kelly v. Squier, 166 F.2d 731 (9th Cir. 1948)
    …der dismissing the petition is affirmed. * See Kelly v. Johnston, 9 Cir., 1940, 111 F. 2d 613; Id., 1941, 312 U.S. 691, 61 S.Ct. 710, 85 L.Ed. 1127; Id., 1941, 312 U.S. 715, 61 S.Ct. 803, 85 L.Ed. 1145; Id., 9 Cir., 1942, 128 F. 2d 793; Id., 1943, 317 U.S. 699, 63 S.Ct. 439, 87 L.Ed. 559; Id., 1943, 318 U.S. 798, 63 S.Ct. 558, 87 L.Ed. 1162; Kelly v. United States, 9 Cir., 1943, 135 F. 2d 919; Kelly v. Johnston, 1946, 326 U.S. 695, 66 S.Ct. 328, 90 L.Ed. 409.…

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