Legal Opinion

Malcolm Gardner v. Robin Harris, M.D.

Court of Appeals for the Fifth Circuit

Decided March 26, 1968No. 24485PublishedCited by 27 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Blackstone said that the concept “that the king can do no wrong is a necessary and fundamental principle of the English constitution.” 1 Now in the 20th Century and in at least a part of the world long made safe for democracy the law persists in the view that seems to say that Blackstone is still right. And not even equity — the King’s conscience— can help. 2 As a result we must hold in this case that a private citizen, deprived of his property right of access to the historic Natchez Trace because of barricades erected by the Federal Superintendent of that highway…

2Cases cited7 opinions

  1. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  2. Dugan v. RankSupreme Court of the United States · 1963
  3. United States v. CausbySupreme Court of the United States · 1946
  4. Malone v. BowdoinSupreme Court of the United States · 1962
  5. Switzerland Company, a Corporation, and Joseph H. Walker v. Stewart L. Udall, Conrad Wirth, and Sam P. WeemsCourt of Appeals for the Fourth Circuit · 1964

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3Cited by27 opinions

  1. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  2. Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
  3. Alabama Rural Fire Insurance Company, a Corporation v. Frank Naylor, Associate Administrator of the Farmers Home AdministrationCourt of Appeals for the Fifth Circuit · 1976
  4. Doe v. United States Civil Service CommissionDistrict Court, S.D. New York · 1980
  5. Bass Angler Sportsman Society v. United States Steel Corp.District Court, N.D. Alabama · 1971

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