ALKER ET AL.

v.

BUTCHER & SHERRERD ET AL.

Citator

Cited By (17 total)

• Standard Oil Co. of Cal. v. United States, 429 U.S. 17 (U.S. 1976)
  …belief that an appellate court’s mandate bars the trial court from later disturbing the judgment entered in accordance with the mandate. See In re Potts, 166 U. S. 263 (1897); Butcher & Sherrerd v. Welsh, 206 F. 2d 259, 262 (CA3 1953), cert. denied, 346 U. S. 925 (1954); Home Indemnity Co. of New York v. O’Brien, 112 F. 2d 387, 388 (CA6 1940). It has also been argued that the appellate-leave requirement protects the finality of the judgment and allows the appellate court to screen out frivolous Rule 60 (b)…
• Greater Boston Television Corp. v. Fed. Commc'ns Comm'n, 463 F.2d 268 (D.C. Cir. 1971)
  …ower to grant relief because of the “judgment” rule prohibiting the district court from departing without leave from the judgment of an appellate court. Butcher & Sherrerd v. Welsh, 206 F. 2d 259, 262 (3rd Cir. 1953), cert, denied, Aiker v. Butcher, 346 U.S. 925, 74 S.Ct. 312, 98 L.Ed. 418 (1954). The rule has been extended to the case where the mandate of the district court was entered after a reversal and remand. Wilson Research Corp. v. Piolite Plastics Corp., 336 F. 2d 303 (1st Cir. 1964). See 7 Moore’s…
• Kent v. United States, 272 F.2d 795 (1st Cir. 1959)
  …ifice himself for such motives, that is his choice, and he cannot reverse it after he is dissatisfied with his sentence, or with other subsequent developments. Cf. Brown v. United States, 5 Cir., 1953, 204 F. 2d 298, 300-301, certiorari denied 1954, 346 U.S. 925, 74 S.Ct. 314, 98 L.Ed. 418. Indeed, a contrary ruling would mean that a defendant could equally say that he pleaded guilty to save himself. It is certainly not duress, if the promise is kept, for the [*799] government to say it will recommend a li…