MCCOLLUM ET AL.

v.

STAHL, SHERIFF

Citator

Cited By (27 total)

• Czurlanis v. Albanese, 721 F.2d 98 (3d Cir. 1983)
  …neously decided that there was no violation of free speech, it should never have reached the damages issue. Its response on that issue was surplusage and must be disregarded. See McCollum v. Stahl, 579 F. 2d 869, 870-72 (4th Cir.1978), cert. denied, 440 U.S. 912, 99 S.Ct. 1225, 59 L.Ed.2d 460 (1979). Therefore, on remand, plaintiff is entitled to have the issue of proximate cause as to these items of damage and their amount submitted to a jury under proper instructions following an explanation of the prote…
• Harrikah I. Stanton v. Astra Pharm. Prods., Inc., 718 F.2d 553 (3d Cir. 1983)
  …nguish between Rule49(a) and Rule-49(b) questions. Astra has pointed to only one case directly holding that a court may not resubmit to a jury questions propounded under Rule 49(a). See McCollum v. Stahl, 579 F. 2d 869 (4th Cir.1978), cert. denied, 440 U.S. 912, 99 S.Ct. 1225, 59 L.Ed.2d 460 (1979).39 The Court of Appeals for the Fifth Circuit has taken the opposite position and allows resubmission even under Rule 49(a). See Alverez v. J. Ray McDermott & Co., 674 F. 2d 1037, 1040-41 (5th Cir.1982); Mercer…
• City OF Long Beach v. Dep't OF Energy, 754 F.2d 379 (Temp. Emer. Ct. App. 1985)
  …Administration, supra, 536 F. 2d at 386. See also, Union Oil Co. v. DOE, 688 F. 2d 797, 807 (TECA 1982), cert. denied, 459 U.S. 1202, 103 S.Ct. 1186, 75 L.Ed.2d 433 (1983); General Crude Oil Co. v. DOE, 585 F. 2d 508, 515 (TECA 1978), cert. denied, 440 U.S. 912, 99 S.Ct. 1226, 59 L.Ed.2d 461 (1979). The great deference the courts give to the administrative agencies in deciding whether to grant or deny exception relief must also be given to the agencies when the agencies are correcting errors made in the co…