Fleming v. Brown

Third Circuit

Fleming v. Brown

162 F.2d 409, 1947 U.S. App. LEXIS 2134

CourtCourt of Appeals for the Third Circuit

DecidedJune 3, 1947

DocketNo. 9269

StatusPublished

This text of 162 F.2d 409 (Fleming v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fleming v. Brown, 162 F.2d 409, 1947 U.S. App. LEXIS 2134 (3d Cir. 1947).

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Opinion

PER CURIAM.

The contention that the appeal at bar is moot cannot be supported in view of the allegations contained in the affidavits filed by the parties.

Every question presented by the appeal at bar must be decided in favor of the appellant by reason of the decisions of the Supreme Court in Fleming v. Mohawk Wrecking and Lumber Co. and Raley v. Fleming, 1947, 67 S.Ct. 1129. The appellee’s motion filed in this court to abate or to dismiss the action will be denied. The order of the court below, appealed from, will be reversed.

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PER CURIAM.

The contention that the appeal at bar is moot cannot be supported in view of the allegations contained in the affidavits filed by the parties.

Every question presented by the appeal at bar must be decided in favor of the appellant by reason of the decisions of the Supreme Court in Fleming v. Mohawk Wrecking and Lumber Co. and Raley v. Fleming, 1947, 67 S.Ct. 1129. The appellee’s motion filed in this court to abate or to dismiss the action will be denied. The order of the court below, appealed from, will be reversed.

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162 F.2d 409, 1947 U.S. App. LEXIS 2134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-brown-ca3-1947.

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