KELLY

v.

LANE, WARDEN

Citator

Cited By

• Swingline, Inc. v. I. B. Kleinert Rubber Co., 399 F.2d 283 (C.C.P.A. 1968)
  …should not hear the appeal on the merits and has not done so. It seems to me that the proper practice, as has been stated, is to dismiss the appeal leaving the parties as the court has found them. I therefore dissent. . See Brenner v. Hofstetter, 389 U.S. 5, 88 S.Ct. 29, 19 L.Ed.2d 5 (1967); United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).…

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• Application of Jaap E. Naber and Fritz M. Dautzenberg, 503 F.2d 1059 (C.C.P.A. 1974)
  …case. Furthermore, this court has not applied the “rule of doubt” since its decision in In re Hofstetter, 362 F. 2d 293, 53 CCPA 1545, (1966), cert. granted sub nom. Brenner v. Hofstetter, 386 U.S. 990, 87 S.Ct. 1304, 18 L.Ed.2d 333 (1967), vacated 389 U.S. 5, 88 S.Ct. 29, 19 L.Ed.2d 5 (1967), appeal dismissed, 55 CCPA 1493 (1967). The “rule of doubt,” as the solicitor uses the term, is of ancient origin and did not originate in this court, which was not created until 1929. The rule appears, indeed, to…
• Application of James Lenhart Mixon, Jr., 470 F.2d 1374 (C.C.P.A. 1973)
  …this court overtly applied the “rule of doubt,” as it has come to be called, was in In re Hofstetter, 362 F. 2d 293, 53 C.C.P.A. 1545 (1966), cert. granted sub nom. Brenner v. Hofstetter, 386 U.S. 990, 87 S.Ct. 1304, 18 L.Ed.2d 333 (1967), vacated, 389 U.S. 5, 88 S.Ct. 29, 19 L.Ed.2d 5 (1967), appeal dismissed, 55 C.C.P.A. 1493 (1967), although it was further discussed and defended in In re Warner, 379 F. 2d 1011, 54 C.C.P.A. 1628 (1967). However, with the passage of time, it seems that we are now the o…