Bride v. Smith

Decision Date01 October 1966
Docket NumberNo. 1105,1105
Citation19 L.Ed.2d 1271,390 U.S. 411,88 S.Ct. 1111
PartiesJoseph Clinton McBRIDE v. Willard SMITH, Commandant, United States Coast Guard
CourtU.S. Supreme Court

Melvin L. Wulf and Marvin M. Karpatkin, for petitioner.

Solicitor General Griswold, for respondent.

On Petition for rehearing.

PER CURIAM.

The petition for rehearing is granted and the order of May 29, 1967, denying certiorari is vacated. The petition for a writ of certiorari is granted, the judgment of the United States Court of Appeals for the Second Circuit vacated and the case is remanded to the United States District Court for the Southern District of New York for further consideration in light of Schneider v. Smith, 390 U.S. 17, 88 S.Ct. 683, 19 L.Ed.2d 799, in accordance with the suggestion of the Solicitor General and upon an independent examination of the entire record.

Mr. Justice MARSHALL took no part in the consideration or decision of this petition.

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18 cases
  • U.S. v. Chatham, 77-5226
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 27, 1978
    ... ...         Ordinarily, this charge is perfectly correct. Its purpose, which we have explicitly recognized in United States v. Smith, 502 F.2d 1250, 1256, n.9 (5 Cir. 1974), is to apply in the situation in which a lessee or bailee lawfully obtains a vehicle and thereafter forms an ... ...
  • Smith v. Schlesinger
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 15, 1975
    ...367 U.S. 886, 81 S.Ct. 1743, 6 L.Ed.2d 1230 (1961); McBride v. Roland, 369 F.2d 65 (2d Cir. 1966), vacated and remanded, 390 U.S. 411, 88 S.Ct. 1111, 19 L.Ed.2d 1271, on remand, 405 F.2d 1057 (1968).2 In re Robert Paul Smith, No. OSD 66-47 (West. Field Office June 1, 1967).3 In re Robert Pa......
  • United States v. Edwards, 20327.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • July 19, 1971
    ... ... denied, 384 U.S. 991, 86 S.Ct. 1896, 16 L.Ed.2d 1007, reh. denied, 385 U.S. 893, 87 S.Ct. 27, 17 L.Ed.2d 127 (1966). Smith v. United States, 363 F. 2d 143, 145 (5th Cir. 1966), is cited by Edwards on this proposition, but is distinguishable by reason of the fact that in ... ...
  • United States v. Brickey
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • May 25, 1970
  • Request a trial to view additional results
1 books & journal articles
  • When is finality ... final? Rehearing and resurrection in the Supreme Court.
    • United States
    • Journal of Appellate Practice and Process Vol. 12 No. 1, March 2011
    • March 22, 2011
    ...6/16/1969 4/21/1969 U.S., 395 U.S. 710 MHold Jones v. U.S., 6/10/1968 10/9/1967 392 U.S. 299 Resurr. McBride v. 3/18/1968 3/29/1967 Smith, 390 U.S. 411 Resurr. Forgett v. U.S., 3/4/1968 2/28/1966 390 U.S. 203 MGVR O'Connor v. 12/13/1965 10/11/1965 Ohio, 382 U.S. 286 Case Trigger Case Trigge......

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