Fleming v. Munsingwear, 13391.
Citation | 162 F.2d 125 |
Decision Date | 19 June 1947 |
Docket Number | No. 13391.,13391. |
Parties | FLEMING, Administrator, Office of Temporary Controls, v. MUNSINGWEAR, Inc. |
Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Samuel Rosenwein, of Washington, D. C. (George Moncharsh, David London, Albert M. Dreyer, and George E. Leonard, all of Washington, D. C., on the brief), for appellant.
John M. Palmer, of Minneapolis, Minn. (F. H. Stinchfield and Stinchfield, Mackall, Crouse & Moore, all of Minneapolis, Minn., on the brief), for appellee.
Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.
This was an action brought by appellant's predecessor seeking injunctional relief under Section 205(a) of the Emergency Price Control Act, as amended, 50 U.S.C. A.Appendix, § 925(a), and for statutory damages under Section 205(e) of the same Act. The complaint alleged two distinct causes of action, one for the recovery of damages and the other for a permanent injunction. The cause of action seeking injunctional relief alone was tried resulting in findings which determined all the controverted issues of fact in favor of appellee and in conclusions of law to the effect that appellant was not entitled to equitable relief. On the findings and conclusions so made, filed and entered the court entered judgment of dismissal and this appeal followed. The parties will be referred to as they appeared in the trial court.
Defendant has filed a motion to dismiss the appeal or to affirm the judgment on the grounds that appellant's statement of points failed to attack any specific ruling or action of the trial court with respect to which error is charged, and that appellant's points constitute an attack only upon the trial court's opinion.
In seeking reversal plaintiff in his brief sets forth his points relied upon as follows: Other than the foregoing, the brief contains no statement of points relied upon and intended to be urged on appeal. Rule 11(b) Fourth of this court provides that appellant's brief shall contain, among other things, "A separate and particular statement of each assignment of error (in criminal cases), or of each point relied upon (in civil cases), intended to be urged, with the record page thereof." Although the court entered detailed findings of fact separately paragraphed and numbered, and likewise entered its conclusions of law on the facts so found, the statement of points relied upon challenges no finding of fact nor conclusion of the law, nor alleged error in the admission or rejection of evidence, and does not direct this court's attention to any specific ruling or action of the trial court. Referring to this rule of court, in Cohen v. United States, 8 Cir., 142 F.2d 861, 863, we said:
"The purpose in requiring that appellant's brief contain a separate and particular statement of each point relied upon intended to be urged, is to point out to the appellate court the specific ruling or action of the trial court which is challenged as erroneous and to limit the presentation in the appellate court to the matters in the specifications as stated in the brief."
See, also: New York Casualty Co. v. Young Men's Christian Ass'n., 8 Cir., 119 F.2d 387; American Insurance Co. v. Scheufler, 8 Cir., 129 F.2d 143; E. R. Squibb & Son v. Mallinckrodt Chemical Works, 8 Cir., 69 F.2d 685; Hard & Rand v. Biston Coffee...
To continue reading
Request your trial-
United States v. Munsingwear
...ground that the case had become moot. The Court of Appeals granted the motion and dismissed the appeal for mootness. Fleming v. Munsingwear, Inc., 8 Cir., 162 F.2d 125. Respondent then moved in the District Court to dismiss the treble damage actions on the ground that the unreversed judgmen......
-
Alvarez v. Smith
...mootness because that action—a commodity being decontrolled by Executive Order—was basically unrelated); see also Fleming v. Munsingwear, Inc., 162 F.2d 125, 127 (C.A.8 1947). For these reasons, we believe that the presence of this federal case played no significant role in the termination ......
-
Alvarez v. Smith
...because that action—a commodity being decontrolled by Executive Order—was basically unrelated); see also Fleming v. Munsingwear, Inc., 162 F.2d 125, 127 (C.A.8 1947). For these reasons, we believe that the presence of this federal case played no significant role in the termination of [558 U......
-
Smith v. American Guild of Variety Artists
...67 S.Ct. 982, 91 L.Ed. 1328; Pacific States Box & Basket Co. v. White, 296 U.S. 176, 186, 56 S.Ct. 159, 80 L.Ed. 138; Fleming v. Munsingwear, 8 Cir., 162 F.2d 125, 127; Anderson v. Federal Cartridge Corp., 8 Cir., 156 F.2d 681, 683; Cohen v. United States, 8 Cir., 142 F.2d 861, 863; 5 Am.Ju......