UPDIKE ET AL., DOING BUSINESS AS UPDIKE AWNING CO.,
v.
WEST ET AL.

U.S. | 1949-05-16
No. 714
337 U.S. 908 Supreme Court of the United States (1949) Caution
Cited by 9 cases

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  • …o keep and render clear and accurate accounts with respect to the administration of the trust.” Restatement (Second) of Trusts § 172 (1959). See also, Sioux Tribe of Indians v. United States, 105 Ct.Cl. 725, 802, 64 F.Supp. 312, 331, cert. denied, 337 U.S. 908, 69 S.Ct. 1045, 93 L.Ed. 1720 (1949); Blackfeet & Gros Ventre Tribes, supra, 32 Ind.Cl.Comm. at 85. In Blackfeet, the Indian Claims Commission specifically found a duty on the Government’s part, to account for its efforts to salvage timber damaged b…
  • Oldland v. Gray, 179 F.2d 408 (10th Cir. 1950)
    …tion to do so is not fatal to the right of removal on that ground. In the absence of a charge that plaintiff acted in bad faith in prosecuting his suit upon a joint cause of action, i. e. see Updike v. West, 10 Cir., 172 F. 2d 663, certiorari denied 337 U.S. 908, 69 S.Ct. 1050, the question whether a separable controversy exists within the purview of the removal statute is to be determined by reference to the complaint at the time of the filing of the petition for removal. Wecker v. National Enameling & Sta…
  • United States v. The Oneida Nation OF NEW York, 576 F.2d 870 (Ct. Cl. 1978)
    …l. 725, 811, vacated and remanded, 329 U.S. 685, 67 S.Ct. 364, 91 L.Ed. 602 (1946) (for consideration of possible claims under Indian Claims Commission Act), prior judgment affirmed and re-entered, 78 F.Supp. 793, 112 Ct.Cl. 50 (1948), cert. denied, 337 U.S. 908, 69 S.Ct. 1046, 93 L.Ed. 1720 (1949). The request is far too late and too nebulous for us to accede to it.5 II. It is not contested on this appeal that New York treated the Oneidas unfairly in inducing them to sell land-interests to the state in 1…

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