CONNER
v.
SIMLER

U.S. | 1961-06-12
No. 685
367 U.S. 486 Supreme Court of the United States (1961) Caution
Also reported at: 6 L. Ed. 2d 1241 · 81 S. Ct. 1679 · SCDB 1960-139 · 1961 U.S. LEXIS 973
Cited by 42 cases

Per_curiam
Per Curiam.

Per Curiam.

The petition for rehearing is granted. The order entered March 20, 1961, 365 U. S. 844, denying the petition for writ of certiorari is vacated and the petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit is granted. The judgment is vacated and the case is remanded to the Court of Appeals for reconsideration in the light of Southard v. MacDonald, 360 P. 2d 940.

Dissent
The Chief Justice, Mr. Justice Black and Mr. Justice Douglas

The Chief Justice, Mr. Justice Black and Mr. Justice Douglas dissent from vacation of the Court of Appeals judgment which held that the respondent Simler was entitled to have the facts of his case in the United States District Court determined by a jury as we believe is required by Rule 38 of the Federal Rules of Civil Procedure, our prior decisions and the Seventh Amendment to the Constitution of the United States.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (21 total)

  • Joint Ventures, Inc. v. Dep't OF Transp., 563 So. 2d 622 (Fla. 1990)
    …ature may establish alternate procedures [for condemnation] which may be resorted to at the election of the condemnor provided each procedure itself meets the demands of due process and equal protection.”), cert. denied, 367 U.S. 487, 81 S.Ct. 1676, 6 L.Ed.2d 1241 (1961). [*630] State Road Department v. Forehand, 56 So. 2d 901 (Fla.1952), cited by the majority, does indeed stand for the proposition that a taking must accord with due process. However, the portion of that case quoted in the majority opinion, m…
  • United States v. Nino Rinsi Cadena, 585 F.2d 1252 (5th Cir. 1978)
    …ev. at 713-727. . See also United States v. Pizzarusso, 2 Cir. 1968, 388 F. 2d 8, cert. denied, 1968, 392 U.S. 936, 88 S.Ct. 2306, 20 L.Ed.2d 1395; Rocha v. United States, 9 Cir. 1961, 288 F. 2d 545, cert. denied, 1961, 366 U.S. 948, 81 S.Ct. 1902, 6 L.Ed.2d 1241; Restatement (Second) of the Foreign Relations Law of the United States § 33 (1965) (suggesting that a state may prescribe a rule of law attaching legal consequences to conduct outside its territory that merely threatens its security). . The appell…
  • United States v. Dunn, 564 F.2d 348 (9th Cir. 1977)
    …ernment to overcome the force of Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), and its numerous progeny, including our Rocha v. United States, 288 F. 2d 545 (9th Cir. 1961), cert. denied, 366 U.S. 948, 81 S.Ct. 1902, 6 L.Ed.2d 1241 (1961) and Daily v. United States, 282 F. 2d 818 (9th Cir. 1960), the evidence does not, as we see it, provide the rim for the wheel necessary to bind together the appellants, other than Zeligs, with the single conspiracy charged in the indictment.…

Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw