SOUTHERN CONSTRUCTION CO., INC., ET AL.
v.
PICKARD, DOING BUSINESS AS PICKARD ENGINEERING CO.

U.S. | 1962-01-22
No. 574
368 U.S. 975 Supreme Court of the United States (1962) Caution
Cited by 36 cases

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  • …ble matter under the contract and in ordering a stay of the action pending completion of arbitration. The Court of Appeals for the Second Circuit affirmed the judgment of the District Court by an equally divided vote.1 This Court granted certiorari (368 U. S. 975), and set the cause for argument immediately following Atkinson v. Sinclair Refining Co., ante, p. 238, decided this day. [*256] The company’s business is baking and selling cakes and other bakery products. On December 16, 1959, the company notifie…
  • S. Constr. Co., Inc. v. Pickard, 371 U.S. 57 (U.S. 1962)
    …ending action and was therefore “compulsory” in that suit; and, accordingly, that such counterclaim could not later be asserted in the present action. We granted certiorari to consider the applicability of Rule 13 (a) in these unusual circumstances. 368 U. S. 975. We accept for present purposes the ruling below that the $35,000 payment had not been allocated as between the Tennessee and Georgia projects and that it therefore could have been asserted in either action. Nevertheless, we do not believe that Rul…
  • …v. United States, 409 F. 2d 1046 (10th Cir. 1969), cert. denied, 396 U.S. 938, 90 S.Ct. 282, 24 L.Ed.2d 240 (1969). A judge presiding over a trial is not a mere umpire. Jordan v. United States, [*1155] 295 F. 2d 355 (10th Cir. 1961), cert. denied, 368 U.S. 975, 82 S.Ct. 479, 7 L.Ed.2d 438 (1962). And an appellant may not complain on appeal of errors which he himself has induced or invited. Sanders v. Buchanan, 407 F. 2d 161 (10th Cir. 1969). It is presumed that jurors will be true to their oath and wil…

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