RITCHIE

v.

ILLINOIS

Citator

Cited By

• Odessa Woods v. The Nat'l Life & Accident Ins. Co., 347 F.2d 760 (3d Cir. 1965)
  …in actions on life insurance policies where the defense was fraudulent representations. Croll v. John Hancock Mutual Life Ins. Co., 198 F. 2d 562 (C.A.3, 1952); Mc-Dermott v. John Hancock Mutual Life Ins. Co., 255 F. 2d 562 (C.A.3, 1958), cert. den. 358 U.S. 935, 79 S.Ct. 324, 3 L.Ed.2d 306. In like cases it has also reversed judgments entered on verdicts for plaintiff-beneficiaries with directions to enter judgments n. o. v. in favor of the insurance companies. Landau v. Mutual Life Ins. Co. of N. Y., 199…
• United States ex rel. Larry Johnson v. Vincent, 507 F.2d 1309 (2d Cir. 1974)
  …ngs in the nisi prius court. It does not appear that the trial court erred.” [*1313] While it may be said that Johnson resorted to the wrong state remedy, we held in United States ex rel. Cuomo v. Fay, 257 F. 2d 438, 442 (2 Cir. 1958), cert. denied, 358 U.S. 935 (1959), that: “Invocation of an improper remedy will suffice as an exhaustion only on a clear indication that the federal question was considered on the merits.” (emphasis added). Here, Justice Fein specifically declined to rule on the merits of J…
• Ames v. Middlebrooks, 369 F.2d 113 (5th Cir. 1966)
  …eding has been pending be [*115] fore this Court, appellant has nonetheless failed to sustain the burden of establishing the exhaustion of available state remedies. United States ex rel. Cuomo v. Fay, 2d Cir. 1958, 257 F. 2d 438, cert. denied, 1959, 358 U.S. 935, 79 S.Ct. 325, 3 L.Ed.2d 307. If appellant failed on direct appeal to raise the alleged constitutional infirmities enumerated in the instant petition, these contentions should now be presented to the state courts and adjudicated by means of appropri…