HATAHLEY ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Honorable Willis W. Ritter, 540 F.2d 459 (10th Cir. 1976)
  …id not endorse this court’s criticism of the atmosphere of the case. In a footnote it expressed the opinion that the judge’s findings were not impaired. The cause was retried and again came before this court, 257 F. 2d 920 (10th Cir.), cert. denied, 358 U.S. 899, 79 S.Ct. 222, 3 L.Ed.2d 148 (1958). On that occasion the1 cause was reversed again because of the excessiveness of the damages, and in the course of the opinion it was suggested that Judge Ritter recuse himself because it was said that he was unabl…

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• Pfizer Inc. v. Honorable Miles W. Lord, 456 F.2d 532 (8th Cir. 1972)
  …the affidavit was held to be sufficient because of the openly espoused anti-German animus of the trial judge. Cf. Tumey v. Ohio, 273 U.S. 510, 47 S.Ct. 437, 71 L.Ed. 749 (1927). In United States v. Hatahley, 257 F. 2d 920 (10th Cir.), cert. denied, 358 U.S. 899, 79 S.Ct. 222, 3 L.Ed.2d 148 (1958), the trial judge was openly biased in favor of the plaintiff Indians and “[a] public appeal on behalf of the plaintiffs was made for funds and supplies to be cleared through the Judge’s chambers.” Id., 257 F. 2d a…
• United States v. The Denver & RIO Grande W. R.R. Co., 547 F.2d 1101 (10th Cir. 1977)
  …undamental principle of damages is to restore the injured party, as nearly as possible, to the position he would have been in had it not been for the wrong of the other party.” United States v. Hatahley, 257 F. 2d 920 (10th Cir. 1958), cert. denied, 358 U.S. 899, 79 S.Ct. 222, 3 L.Ed.2d 148. We believe the correct measure of damages under the circumstances in this case to be the reasonable cost of restoration of the land to its condition immediately prior to the fire. Union Pacific RR v. Vale, Oregon Irr. D…