DEFRATES
v.
ILLINOIS

U.S. | 1947-04-28
No. 1116
331 U.S. 811 Supreme Court of the United States (1947) Positive Treatment
Cited by 14 cases

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  • United States v. Monroe, 164 F.2d 471 (2d Cir. 1947)
    …nce as Government exhibits is the price per yard set forth in the said contracts by Verney Fabrics Corporation.”' We think the stipulation disposes of appellant’s contention. Cf. United States v. Hefler, 2 Cir., 159 F. 2d 831, 833, certiorari denied 331 U.S. 811, 67 S.Ct. 1202. 6. Monroe, who legally changed his name from Mcnroe Kaplan in 1940, was indicted under the name of “Monroe Kaplan,, -alias ‘John Porter Monroe.’ ” By the agreement of all parties and the court, no mention was made of the name Kaplan…
  • …216(b) evaluation. It is long established that an award of attorney fees under § 216(b) is mandatory but the amount awarded is within the discretion of the district court. Montgomery Ward & Co. v. Antis, 158 F. 2d 948, 952 (6th Cir.), cert. denied, 331 U.S. 811, 67 S.Ct. 1202, 91 L.Ed. 1831 (1947). Thus, the appellate issue is whether the lower court abused that discretion by awarding an unreasonable fee. Hodgson v. Miller Brewing Co., 457 F. 2d 221, 228-29 (7th Cir.1972). See also Conklin v. Joseph C. Ho…
  • …him Mango Co. v. Reliance Insurance Co., 291 F. 2d 437, 442 (2d Cir. 1961). And of course an undeclared de facto war may exist between sovereign states. See New York Life Insurance Co. v. Bennion, 158 F. 2d 260, 263 (10th Cir. 1946), cert. denied, 331 U.S. 811, 67 S.Ct. 1202, 91 L.Ed. 1871 (1947); cf. Arce v. State, 83 Tex.Cr.R. 292, 202 S.W. 951 (1918). But the all risk insurers propose to push the mean ing of war much further. Central to their argument is the proposition that war as it is used in prop…

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