Black v. Amen, 13

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; FRANKFURTER
Citation355 U.S. 600,2 L.Ed.2d 523,78 S.Ct. 530
PartiesWilliam H. BLACK and Ruth F. Black, petitioners, v. A. M. AMEN et al
Docket NumberNo. 13,13
Decision Date03 March 1958

355 U.S. 600
78 S.Ct. 530
2 L.Ed.2d 523
William H. BLACK and Ruth F. Black, petitioners,

v.

A. M. AMEN et al.

No. 13.

Supreme Court of the United States

March 3, 1958

Mr. Dean Acheson (Messrs. Stanley L. Temko, Scott W. Lucas and Malcolm Miller, on the brief), for petitioners.

Mr. Douglas F. Smith (Messrs. Arthur R. Seder, Jr., D. Arthur Walker, Jack O. Brown and Oliver H. Hughes, on the brief), for respondents.

On writ of certiorari to the United States Court of Appeals for the Tenth Circuit.

PER CURIAM.

Petitioners' amended motion, concurred in by the attorneys for respondents, is granted. The case is remanded to the Court of Appeals with directions to remand the cause to the United States District Court for the District of Kansas to enable the parties to file their joint motion for the entry of judgment dismissing the action, as provided in paragraph 3 of the Settlement Agreement dated February 27, 1958, a copy of which is annexed to the amended motion.

Mr. Justice FRANKFURTER desires to have it added that he assumes that the legal effect of the Court's order, in which he joins, upon the opinion and judgment of the Court of Appeals in this case is the conventional one when a case has become moot here pending our decision on the merits. United States v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36.

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31 practice notes
  • Byrd v. Blue Ridge Rural Electric Cooperative, 57
    • United States
    • United States Supreme Court
    • May 19, 1958
    ...238 F.2d 346. We granted certiorari, 352 U.S. 999, 77 S.Ct. 557, 1 L.Ed.2d 544, and subsequently ordered reargument, 355 U.S. 950, 78 S.Ct. 530, 2 L.Ed.2d 527. The respondent is in the business of selling electric power to subscribers in rural sections of South Carolina. The petitioner was ......
  • Snyder v. Harris Gas Service Company v. Coburn, s. 109
    • United States
    • United States Supreme Court
    • March 25, 1969
    ...Langer, 168 F.2d 182 (C.A.8th Cir. 1948), and those merely 'spurious,' Amen v. lack, 234 F.2d 12 (C.A.10th Cir. 1956), dismissed as moot, 355 U.S. 600, 78 S.Ct. 530, 2 L.Ed.2d 523 (1958)....
  • Hatten v. City of Houston, 14255
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • October 17, 1963
    ...Production Co. v. Texas City, Tex.Civ.App., 295 S.W.2d 697, aff'd 157 Tex. 450, 303 S.W.2d 780, appeal dism. 355 U.S. 603, 78 S.Ct. 533, 2 L.Ed.2d 523; Greer v. Railroad Commission of Texas, Tex.Civ.App., 117 S.W.2d 142; English Freight Co. v. Knox, Tex.Civ.App., 180 S.W.2d 633, error ref.;......
  • Halderman, by Halderman v. Pennhurst State School & Hosp., 82-1147
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 24, 1983
    ...International Industries, Inc. v. Warren Petroleum Corp., 248 F.2d 696, 699 (3d Cir.1957), cert. dismissed, 355 U.S. 943, 78 S.Ct. 529, 2 L.Ed.2d 523 (1958). Further, we will reverse a district court's findings under the clearly erroneous standard only if they are "completely devoid of mini......
  • Request a trial to view additional results
31 cases
  • Byrd v. Blue Ridge Rural Electric Cooperative, 57
    • United States
    • United States Supreme Court
    • May 19, 1958
    ...238 F.2d 346. We granted certiorari, 352 U.S. 999, 77 S.Ct. 557, 1 L.Ed.2d 544, and subsequently ordered reargument, 355 U.S. 950, 78 S.Ct. 530, 2 L.Ed.2d 527. The respondent is in the business of selling electric power to subscribers in rural sections of South Carolina. The petitioner was ......
  • Snyder v. Harris Gas Service Company v. Coburn, s. 109
    • United States
    • United States Supreme Court
    • March 25, 1969
    ...Langer, 168 F.2d 182 (C.A.8th Cir. 1948), and those merely 'spurious,' Amen v. lack, 234 F.2d 12 (C.A.10th Cir. 1956), dismissed as moot, 355 U.S. 600, 78 S.Ct. 530, 2 L.Ed.2d 523 (1958)....
  • Hatten v. City of Houston, 14255
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • October 17, 1963
    ...Production Co. v. Texas City, Tex.Civ.App., 295 S.W.2d 697, aff'd 157 Tex. 450, 303 S.W.2d 780, appeal dism. 355 U.S. 603, 78 S.Ct. 533, 2 L.Ed.2d 523; Greer v. Railroad Commission of Texas, Tex.Civ.App., 117 S.W.2d 142; English Freight Co. v. Knox, Tex.Civ.App., 180 S.W.2d 633, error ref.;......
  • Halderman, by Halderman v. Pennhurst State School & Hosp., 82-1147
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 24, 1983
    ...International Industries, Inc. v. Warren Petroleum Corp., 248 F.2d 696, 699 (3d Cir.1957), cert. dismissed, 355 U.S. 943, 78 S.Ct. 529, 2 L.Ed.2d 523 (1958). Further, we will reverse a district court's findings under the clearly erroneous standard only if they are "completely devoid of mini......
  • Request a trial to view additional results

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