MATHEWS ET AL.
v.
WEST VIRGINIA EX REL. HAMILTON, PROSECUTING ATTORNEY

U.S. | 1943-10-18
No. 155
320 U.S. 707 Supreme Court of the United States (1943) Positive Treatment
Cited by 30 cases
Per_curiam
Per Curiam:

Per Curiam:

The petition for writ of certiorari is granted. Subsequent to the decision of the Supreme Court of Appeals of West Virginia, denying leave to appeal on the ground that the decree of the Circuit Court of Calhoun County was “plainly right,” this Court in Taylor v. Mississippi, 319 U. S. 583, Benoit v. Mississippi, 319 U. S. 583, Cummings v. Mississippi, 319 U. S. 583, and West Virginia State Board of Education v. Barnette, 319 U. S. 624, considered questions having a bearing on the issues in the present case. Accordingly we vacate the judgment and remand the cause to the Circuit Court of Calhoun County for further consideration in the light of our decisions in those cases. New York ex rel. Whitman v. Wilson, 318 U. S. 688, 690-91, and cases cited.

Mr. Hayden C. Covington for petitioners.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (27 total)

  • Ass'n of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150 (U.S. 1970)
    …only referred to in terms of allowing suits by “private attorneys general,” is inapplicable to the present case. See FCC v. Sanders Bros. Radio Station, 309 U. S. 470; Associated Industries v. Ickes, 134 F. 2d 694, vacated on suggestion of mootness, 320 U. S. 707. Petitioners allege that the Comptroller’s ruling violates the National Bank Act, Rev. Stat. § 5136, 12 U. S. C. § 24 Seventh, which provides that national banks have power to exercise “all such incidental powers as shall be necessary to carry on t…
  • Scanwell Labs., Inc. v. John H. Shaffer (Acting) of The Fed. Aviation Admin., 424 F.2d 859 (D.C. Cir. 1970)
    …was a person aggrieved under the statute, the Court opened the door to the next logical step, which Judge Frank took the following year. In Associated Industries of New York State, Inc. v. Ickes, 134 F. 2d 694, 704 [*864] (2d Cir.), vacated as moot, 320 U.S. 707, 64 S.Ct. 74, 88 L.Ed. 414 (1943), Judge Frank, after emphasizing the above-quoted language from Scripps-Howard, said: [W]e believe that the usual “standing to sue” cases can be reconciled with the Sanders and Scripps-Howard cases, as follows: Whil…
  • Off. OF Commc'n OF the United Church OF Christ v. Fed. Commc'ns Comm'n, 359 F.2d 994 (D.C. Cir. 1966)
    …public interest. Federal Communications Commission v. Sanders Radio Station, 309 U.S. 470, 477, 642, 60 S.Ct. 693, 698, 84 L.Ed. 869, 1037.” Associated Industries of New York State, Inc. v. Ickes, 134 F. 2d 694, 703 (2d Cir. 1943), vacated as moot, 320 U.S. 707, 64 S.Ct. 74, 88 L.Ed. 414 (1943), quoting Scripps-Howard Radio, Inc. v. FCC, 316 U.S. 4, 14, 62 S.Ct. 875, 86 L.Ed. 1229 (1942). On the other hand, some Congressional reports have expressed apprehensions, possibly representing the views of both ad…
    1 / 2

Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw