BREATON
v.
UNITED STATES

U.S. | 1959-11-23
No. 54
361 U.S. 117 Supreme Court of the United States (1959) Positive Treatment
Cited by 1 case

Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted.. The judgment is vacated and the case is remanded to the District Court for further consideration in the light of Public Law 86-320, approved September 21, 1959, 73 Stat. 590.


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  • Winters v. Abe Lavine, 574 F.2d 46 (2d Cir. 1978)
    …” Id. at 521. It is somewhat doubtful, however, whether the New York courts would share this view. See O’Brien v. Commissioner of Education, 4 N.Y.2d 140, 145, 173 N.Y.S.2d 265, 267, 149 N.E. 2d 705, 706-07 (1958), appeal dismissed and cert. denied, 361 U.S. 117, 80 S.Ct. 207, 4 L.Ed.2d 154 (1959). . We note that the Appellate Division’s affirmance of the administrative action on this ground may well have been erroneous inasmuch as the ground was not a basis upon which the administrative agency itself had…

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