Sprague Specialties Co. v. Mershon

First Circuit

Sprague Specialties Co. v. Mershon

73 F.2d 379, 1934 U.S. App. LEXIS 2709

CourtCourt of Appeals for the First Circuit

DecidedNovember 10, 1934

DocketNo. 2880

StatusPublished

Cited by1 cases

This text of 73 F.2d 379 (Sprague Specialties Co. v. Mershon) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sprague Specialties Co. v. Mershon, 73 F.2d 379, 1934 U.S. App. LEXIS 2709 (1st Cir. 1934).

Pincite

Opinion

PER CURIAM.

The decree appealed from rested solely on the decree in the New York case, Mershon v. O’Neill (D. C.) 3 F. Supp. 26. As that decree has now been reversed by the Circuit Court of Appeals for the Second Circuit, there is nothing on which the decree before us can stand. In this situation the proper course is for us to reverse the decree appealed from and remand the case for further proceedings. Butler v. Eaton, 141 U. S. 240, 11 S. Ct. 985, 35 L. Ed. 713; Ransom v. City of Pierre (C. C. A.) 101 F. 665, 670; Du Pont de Nemours & Co. v. Richmond Guano Co. (C. C. A.) 297 F. 580. See Deposit Bank v. Board of Councilmen of Frankfort, 191 U. S. 499, 24 S. Ct. 154, 48 L. Ed. 276.

The decree of the District Court is reversed, with costs to the appellant, and the case is remanded to that court for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The decree appealed from rested solely on the decree in the New York case, Mershon v. O’Neill (D. C.) 3 F. Supp. 26. As that decree has now been reversed by the Circuit Court of Appeals for the Second Circuit, there is nothing on which the decree before us can stand. In this situation the proper course is for us to reverse the decree appealed from and remand the case for further proceedings. Butler v. Eaton, 141 U. S. 240, 11 S. Ct. 985, 35 L. Ed. 713; Ransom v. City of Pierre (C. C. A.) 101 F. 665, 670; Du Pont de Nemours & Co. v. Richmond Guano Co. (C. C. A.) 297 F. 580. See Deposit Bank v. Board of Councilmen of Frankfort, 191 U. S. 499, 24 S. Ct. 154, 48 L. Ed. 276.

The decree of the District Court is reversed, with costs to the appellant, and the case is remanded to that court for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

73 F.2d 379, 1934 U.S. App. LEXIS 2709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprague-specialties-co-v-mershon-ca1-1934.

Opinion

Related

Cite This Page — Counsel Stack