UNITED MINE WORKERS OF AMERICA

v.

GILCHRIST ET AL.

Citator

Cited By (46 total)

• Willingham v. Morgan, 395 U.S. 402 (U.S. 1969)
  …relevant information contained in the later-filed affidavits. See 28 U. S. C. § 1653 ; Buell v. Sears, Roebuck & Co., 321 F. 2d 468 (C. A. 10th Cir. 1963); Firemen’s Ins. Co. v. Robbins Coal Co., 288 F. 2d 349 (C. A. 5th [*408] Cir.), cert. denied, 368 U. S. 875 (1961). See also American Law Institute, Study of the Division of Jurisdiction Between State and Federal Courts 264-265 (Tentative Draft No. 6, 1968). Were this a criminal case, a more detailed showing might be necessary because of the more compell…
• Bent E. Mortensen and Lise Lotte Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884 (3d Cir. 1977)
  …332 F. 2d 269 (2d Cir. 1964) plaintiff’s allegations were uncontested, thus giving the plaintiff the benefit of those and their favorable inferences — questions of disputed fact did not arise. In Page v. Work, 290 F. 2d 323 (9th Cir.), cert. denied, 368 U.S. 875, 82 S.Ct. 121, 7 L.Ed.2d 76 (1961), plaintiff was given that advantage, since the court treated it as a Rule 56 motion, and the additional one of having the jurisdictional issue decided after a trial on the merits. . We distinguish United States v.…
• Lehrman v. Gulf OIL Corp., 464 F.2d 26 (5th Cir. 1972)
  …1, 88 S.Ct. at 444, 19 L.Ed. 2d at 555. We are also not persuaded to alter our conclusion that the jury might have premised its jurisdictional finding on TBA sales by the holding of the Ninth Circuit in Page v. Work, 1961, 290 F. 2d 323, cert. den. 368 U.S. 875, 82 S.Ct. 121, 7 L.Ed.2d 76. In that case, the alleged anticompetitive practices of a competitor publication forced the plaintiff newspaper to dissolve and to sell its assets. The assets were purchased by a subsidiary of the defendant and the subsid…