INDEPENDENCE LEAD MINES CO.

v.

KINGSBURY ET AL.

Citator

Cited By (16 total)

• Greater Boston Television Corp. v. Fed. Commc'ns Comm'n, 463 F.2d 268 (D.C. Cir. 1971)
  …permit the trial court to consider the Rule 60(b) motion only where the showing reasonably indicates that, if leave is granted, the trial court might properly grant the motion. Baruch v. Beech Aircraft Corp., 172 F. 2d 445 (10th Cir.), cert. denied, 338 U.S. 900, 70 S.Ct. 251, 94 L.Ed. 554 (1949). A separate problem is presented where the appellate court has already affirmed the district court judgment and issued its mandate. While there are conflicting views, the prevailing position holds that notwithstan…
• Dupree v. United States, 264 F.2d 140 (3d Cir. 1959)
  …Cregar, 1937, 327 Pa. 1, 8, 192 A. 667. . gee the Pennsylvania cases cited Note 7, supra, which are in accord with the general rule. As to other jurisdictions, see Baruch v. Beech Aircraft Corporation, 10 Cir., 1949, 175 F. 2d 1, certiorari denied 338 U.S. 900, 70 S.Ct. 251, 94 L.Ed. 554; Now York Trust Co. v. Island Oil & Transport Corporation, 2 Cir., 1929, 34 F. 2d 649, 652, certiorari denied Receivers of Gulf States Oil & Refining Corporation v. Island Oil & Transport Corporation, 281 U.S. 724, 50 S.C…
• W. PAC. R.R. Corp. v. W. PAC. R. Co., 197 F.2d 994 (9th Cir. 1951)
  …at the hands of a court of three judges. This hopeful concept of the right of litigants appears to stem from declarations in the dissenting opinion in Independence Lead Mines v. Kingsbury, 9 Cir., 1949, 175 F. 2d 983, at page 992, certiorari denied 338 U.S. 900, 70 S.Ct. 249, 94 L.Ed. 554, to the effect that two judges in a court or divi [*1014] sion of three are without authority to pass upon or deny a petition for rehearing addressed to all the circuit judges. The numerous petitions of this nature have…