PARKS
v.
SIMPSON TIMBER CO. ET AL.

U.S. | 1967-10-16
No. 1335
Mr. Justice Marshall took no part in the consideration or decision of this petition and order.
389 U.S. 909 Supreme Court of the United States (1967) Positive Treatment
Cited by 6 cases

Opinion of the Court

388 U. S. 459. Rehearing denied. The per curiam opinion issued in this case on June 12, 1967, is hereby amended to provide that the judgment of the United States Court of Appeals for the Ninth Circuit be vacated rather than reversed, and that the case be remanded to that court in order that it may pass upon the issues in the case not covered by its prior opinion. The judgment heretofore entered in this case is hereby amended in the same maner. Mr. Justice Marshall took no part in the consideration or decision of this petition and order.


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  • Moser v. Tex. Trailer Corp., 623 F.2d 1006 (5th Cir. 1980)
    …1429, 47 L.Ed.2d 360 (1976); Watz v. Zapata Off-Shore Co., 431 F. 2d 100 (5th Cir. 1970); Schaeffer v. Michigan-Ohio Navigation Co., 416 F. 2d 217 (6th Cir. 1969); cf. Simpson Timber Co. v. Parks, 369 F. 2d 324 (9th Cir. 1966), vacated and remanded, 389 U.S. 909, 88 S.Ct. 210, 19 L.Ed.2d 227 (1967). Since the trial court based its finding of liability upon Texas Trailer’s failure to cover the openings, it did not reach the issue of negligent design and failure to warn. We therefore remand to the trial court…
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  • …manded the case to this court “in order that it may pass upon the issues in the case not covered by its prior opinion.” Parks v. Simpson Timber Co., et al., 388 U.S. 459, 87 S.Ct. 2115, 18 L.Ed.2d 1319 (1967), amending per curiam opinion reported at 389 U.S. 909, 88 S.Ct. 210, 19 L.Ed.2d 227 (1967). Two of the issues not covered by our prior opinion relate to the main cause: (1) whether a mistrial should have been granted because of a statement made by the longshoreman’s attorney in his opening statements;…
  • …n expanded almost without limit. See Italia Societa v. Oregon Stevedoring Co., supra; Crumady v. The Joachim Hendrik Fisser, 358 U.S. 423, 79 S.Ct. 445, 3 L.Ed.2d 413 (1959); Simpson Timber Co. v. Parks, 369 F. 2d 324 (9th Cir. 1966), remanded mem., 389 U.S. 909, 88 S.Ct. 210, 19 L.Ed.2d 227 (1967), aff’d in part, 390 F. 2d 353 (9th Cir. 1968); D/S Ove Skou v. Herbert, 365 F. 2d 341 (5th Cir. 1966). . The Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972 (Act of October 27, Pub.L. No.…

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