Super Tire Engineering Co. v. McCorkle, No. 71-1773

CourtU.S. Court of Appeals — Third Circuit
Writing for the CourtMcLAUGHLIN, ADAMS and GIBBONS, Circuit
Citation469 F.2d 911
PartiesSUPER TIRE ENGINEERING COMPANY et al., Appellants, v. Lloyd W. McCORKLE, Commissioner of the Department of Institutions and Agencies of the State of New Jersey, et al., Appellees.
Docket Number71-1774 and 71-1775.,No. 71-1773
Decision Date22 November 1972
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10 practice notes
  • Dworman v. Mayor & Bd. of Aldermen, etc., Morristown, Civ. A. No. 1133-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • January 15, 1974
    ...L. Ed.2d 560 (1972); Benton v. Maryland, 395 U.S. 784, 788, 89 S.Ct. 2056, 23 L. Ed.2d 707 (1969); Super Tire Engineering Co. v. McCorkle, 469 F.2d 911, 914 (3d Cir. 1972). Although the existence of the requisite case or controversy is not always easy to determine, "basically, the question ......
  • Super Tire Engineering Company v. Corkle 8212 1554, No. 72
    • United States
    • United States Supreme Court
    • April 16, 1974
    ...fine or other penalty could be only rarely adjudicated, and the purposes of the Declaratory Judgment Act would be frustrated. Pp. 125—127. 469 F.2d 911, reversed and remanded. Lawrence M. Cohen, Lederer, Fox & Grove, Chicago, Ill., for petitioners. Robert F. O'Brien, Tomar, Parks, Seliger, ......
  • Super Tire Engineering Co. v. McCorkle, Civ. A. No. 853-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • April 29, 1976
    ...States Court of Appeals for the Third Circuit, the action was remanded with instructions to vacate and dismiss the complaint as moot. 469 F.2d 911, 922 (3d Cir. 1972). The United States Supreme Court reversed and remanded for an adjudication on the merits of the controversy holding that dec......
  • AMERICANS U. FOR SEP. OF CHURCH & STATE v. Board of Ed., No. 1561.
    • United States
    • U.S. District Court — Eastern District of Kentucky
    • January 14, 1974
    ...Further, the issues raised in this action satisfy the four "tests" outlined in Super Tire Engineering Co. v. McCorkle, 3d Cir., 469 F.2d 911, 915 "Analysis . . . reveals four concerns that the Supreme Court addresses in terms of mootness. They are: that some sort of judicial decree be possi......
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9 cases
  • Dworman v. Mayor & Bd. of Aldermen, etc., Morristown, Civ. A. No. 1133-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • January 15, 1974
    ...L. Ed.2d 560 (1972); Benton v. Maryland, 395 U.S. 784, 788, 89 S.Ct. 2056, 23 L. Ed.2d 707 (1969); Super Tire Engineering Co. v. McCorkle, 469 F.2d 911, 914 (3d Cir. 1972). Although the existence of the requisite case or controversy is not always easy to determine, "basically, the question ......
  • Super Tire Engineering Company v. Corkle 8212 1554, No. 72
    • United States
    • United States Supreme Court
    • April 16, 1974
    ...fine or other penalty could be only rarely adjudicated, and the purposes of the Declaratory Judgment Act would be frustrated. Pp. 125—127. 469 F.2d 911, reversed and remanded. Lawrence M. Cohen, Lederer, Fox & Grove, Chicago, Ill., for petitioners. Robert F. O'Brien, Tomar, Parks, Seliger, ......
  • Super Tire Engineering Co. v. McCorkle, Civ. A. No. 853-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • April 29, 1976
    ...States Court of Appeals for the Third Circuit, the action was remanded with instructions to vacate and dismiss the complaint as moot. 469 F.2d 911, 922 (3d Cir. 1972). The United States Supreme Court reversed and remanded for an adjudication on the merits of the controversy holding that dec......
  • AMERICANS U. FOR SEP. OF CHURCH & STATE v. Board of Ed., No. 1561.
    • United States
    • U.S. District Court — Eastern District of Kentucky
    • January 14, 1974
    ...Further, the issues raised in this action satisfy the four "tests" outlined in Super Tire Engineering Co. v. McCorkle, 3d Cir., 469 F.2d 911, 915 "Analysis . . . reveals four concerns that the Supreme Court addresses in terms of mootness. They are: that some sort of judicial decree be possi......
  • Request a trial to view additional results

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