DEPEW PAVING CO., INC.
v.
UNITED STATES

U.S. | 1952-10-20
No. 178
344 U.S. 854 Supreme Court of the United States (1952) Caution
Cited by 4 cases

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  • …It is true, of course, that none of the creditor claimants had any right to the deposited fund until their claims were recognized and distribution was ordered. See Aron v. Snyder, 90 [*162] U. S. App. D. C. 325, 327, 196 F. 2d 38, 40, cert. denied, 344 U. S. 854 (1952). That lack of immediate right, however, does not automatically bar a claimant ultimately determined to be entitled to all or a share of the fund from claiming a proper share of the interest, the fruit of the fund’s use, that is realized in th…
  • Friedman v. The United States, 310 F.2d 381 (Ct. Cl. 1962)
    …ffice required to consider State’s proof); Horton v. United States, 31 Ct.Cl. 148, 150, 157 (administrative determination relating to informer’s award). More recent cases are Schaeffer and Robbins v. United States, 114 Ct.Cl. 568, 570, cert. denied, 344 U.S. 854, 73 S.Ct. 90, (determination by Maritime Commission of just compensation for requisitioned vessels); Smith v. United States, 67 Ct.Cl. 182 (same); cf. Oro Fino Consolidated Mines, Inc. v. United States, 92 F.Supp. 1016, 118 Ct.Cl. 18, 21-22.4 3. In…
  • Winkler v. Andrus, 614 F.2d 707 (10th Cir. 1980)
    …and the issue. Generally speaking, the one who deals with property while it is in litigation does so at his own peril. See 51 Am.Jur.2d, Lis Pendens §§ 1, 39 (1970). See also Wilkin v. Shell Oil Co., 197 F. 2d 42, 49 (10th Cir. 1951), cert. denied, 344 U.S. 854, 73 S.Ct. 92, 97 L.Ed. 663 (1952); 54 C.J.S. Lis Pendens §§ 1a, 36c (1948). We have considered whether the presence of administrative proceedings is notice that a lawsuit is pending, and the majority rule is that a lawsuit is determined pending thro…

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