BLACK ET AL.
v.
AMEN ET AL.
Per Curiam.
Petitioners' amended motion, concurred in by the attorneys for respondents, is granted. The case is remanded to the Court of Appeals with directions to remand the cause to the United States District Court for the District of Kansas to enable the parties to file their joint motion for the entry of judgment dismissing the action, as provided in paragraph 3 of the Settlement Agreement dated February 27, 1958, a copy of which is annexed to the amended motion.
Mr. Justice Frankfurter desires to have it added that he assumes that the legal effect of the Court’s order, in which he joins, upon the opinion and judgment of the Court of Appeals in this case is the conventional one when a case has become moot here pending our decision on the merits. United States v. Munsingwear, 340 U. S. 36, 39.
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Snyder v. Harris, 394 U.S. 332 (U.S. 1969)…for the assertion of this principle, with respect to both “true” class actions, Montgomery Ward & Co. v. Langer, 168 F. 2d 182 (C. A. 8th Cir. 1948), and those merely “spurious,” Amen v. Black, 234 F. 2d 12 (C. A. 10th Cir. 1956), dismissed as moot, 355 U. S. 600 (1958).…
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Speyer, Inc. v. Humble OIL & Ref. Co. & A. O. Smith Corp. Speyer, Inc., 403 F.2d 766 (3d Cir. 1968)…nviction that a mistake has been committed”. Eastern Express, Inc. v. Mack Warehouse Corp., 326 F. 2d 554 (3 Cir. 1964); International Industries, Inc. v. Warren Petroleum Corp., 248 F. 2d 696 (3 Cir. 1959), cert. denied, 355 U.S. 943, 78 S.Ct. 529, 2 L.Ed.2d 523 (1959); Williams v. Babcock & Wilcox Co., 262 F. 2d 253 (3 Cir. 1959), cert. denied, 359 U.S. 969, 79 S.Ct. 880, 3 L.Ed.2d 836 (1959). The basic evidence on liability was introduced by expert witnesses. The matter of weighing the credibility and pe…
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Emmett Thomas v. Honeybrook Mines, 428 F.2d 981 (3d Cir. 1970)…nviction that a mistake has been committed’. Eastern Express, Inc. v. Mack Warehouse Corp., 326 F. 2d 554 (3 Cir. 1964); International Industries, Inc. v. Warren Petroleum Corp., 248 F. 2d 696 (3 Cir. 1959), cert. denied, 355 U.S. 943, 78 S.Ct. 529, 2 L.Ed.2d 523 (1959); Williams v. Babcock & Wilcox Co., 262 F. 2d 253 (3 Cir. 1959), cert. denied, 359 U.S. 969, 79 S.Ct. 880, 3 L.Ed.2d 836 (1959).” (Emphasis supplied.) As the majority notes, it is most significant that Judge Nealon found the following: “It m…
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- United States v. Munsingwear, Inc., 340 U.S. 36 (U.S. 1950)