MINNESOTA ET AL.
v.
RESERVE MINING CO. ET AL.

U.S. | 1974-07-09
No. A-1272
Mr. Justice Douglas would grant the application.
418 U.S. 911 Supreme Court of the United States (1974) Positive Treatment
Cited by 5 cases

Opinion

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  • …he good faith preparation and implementation of an acceptable plan.15 The State of Minnesota applied to the Supreme Court to vacate this stay. The Court denied Minnesota this relief in an order entered July 9, 1974. Minnesota v. Reserve Mining Co., 418 U.S. 911, 94 S.Ct. 3203, 41 L.Ed.2d 1156 (1974). Meanwhile, in accordance with the stay order, the district court evaluated compliance with our order that Reserve proceed in good faith to present a plan of abatement. In a memorandum opinion filed August 3, 1…
  • Lerman v. Flynt Distrib. Co., Inc., 745 F.2d 123 (2d Cir. 1984)
    …1013, 98 S.Ct. 727, 54 L.Ed.2d 756 (1978). Accord, Braun v. Flynt, 726 F. 2d 245, 250 (5th Cir.1984); Rinsley v. Brandt, 700 F. 2d 1304, 1307 (10th Cir.1983); Berry v. National Broadcasting Co., 480 F. 2d 428, 431 (8th Cir.1973), cert, dismissed, 418 U.S. 911, 94 S.Ct. 3203, 41 L.Ed.2d 1157 (1974); Dresbach v. Doubleday & Co., 518 F.Supp. 1285, 1288 (D.D.C.1981). Therefore, we must address the federal constitutional question to determine the appropriate standard of fault plaintiff should have been requi…
  • Janklow v. Newsweek, Inc., 759 F.2d 644 (8th Cir. 1985)
    …41 (White, J., concurring). While newspapers have long been liable for that which they publish, they have never been liable solely for that which was omitted. Cf. Berry v. National Broadcasting Company, 480 F. 2d 428 (8th Cir.1973), cert. dismissed, 418 U.S. 911, 94 S.Ct. 3203, 41 L.Ed.2d 1157 (1974). We see no constitutionally significant distinction between the law struck down in Miami Herald, which made it a misdemeanor not to publish a specific item, and a cause of action that would permit a plaintiff t…

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