SPELLER

v.

NORTH CAROLINA

Citator

Cited By

• Brown v. Allen, 344 U.S. 443 (U.S. 1953)
  …s and the Federal courts will not ordinarily reexamine State denials of relief to prisoners, while in others they felt that the claim had been fairly considered in the State courts. Brown v. North Carolina, 341 U. S. 943; Speller v. North Carolina, 340 U. S. 835; Daniels v. North Carolina, 339 U. S. 954. We reach this conclusion after consideration of the second paragraph of 28 U. S. C. §2254: “An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the…

  ← 1 / 2 →
• Brown v. Chaffee, 612 F.2d 497 (10th Cir. 1979)
  …s held, in a case squarely on point, that necessity of discovery before summary judgment cannot be raised on appeal if no complaint was made in the trial court. Adkins v. E. I. Du Pont De Nemours & Co., 181 F. 2d 641, 642 (10th Cir.), cert. denied, 340 U.S. 835, 71 S.Ct. 18, 95 L.Ed. 613 (1950). IV USFIC’S MOTION FOR AWARD OF DAMAGES AND COSTS USFIC has filed a motion asking that we impose its attorney’s fees and double costs on appellant Brown. Fed.R.App.P. 38 provides that the court of appeals can awa…
• Weir v. The Anaconda Co., 773 F.2d 1073 (10th Cir. 1985)
  …e summary judgment cannot be raised on appeal if no complaint was made in the trial court.” Brown v. Chaffee, 612 F. 2d 497, 505 (10th Cir.1979); see also Adkins v. E.I. [*1083] Du Pont De Nemours & Co., 181 F. 2d 641, 642 (10th Cir.), cert. denied, 340 U.S. 835 (1950). . In a case strikingly similar to the case at bar, the Seventh Circuit reached a similar result. In Foster v. General Motors Corp., 191 F. 2d 907 (7th Cir.1951), cert. denied, 343 U.S. 906 (1952), employees sued their employer for vacation…