Bobrecker v. Denebeim
District Court, W.D. Missouri
1Opinion of the Court
REEVES, District Judgei
The opinion in the above matter dated October 29, 1938, is withdrawn. Immediately upon its delivery my attention was called to the opinion of the Supreme Court in Mumm v. Decker & Sons, 301 U.S. 168, 57 S.Ct. 675, 81 L.Ed. 983.
This opinion directly overruled the opinion of the Circuit Court of Appeals in the same case and found in 8 Cir., 86 F.2d 77. In my opinion I had relied on the opinion of the Circuit Court of Appeals. Both the litigants contend that the principle announced in the Mumm Case does not apply in the case being considered.
As stated in the original…
2Cases cited12 opinions
- Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
- Danks v. GordonCourt of Appeals for the Second Circuit · 1921
- M. Witmark & Sons v. CallowayDistrict Court, E.D. Tennessee · 1927
- Bosselman v. RichardsonCourt of Appeals for the Second Circuit · 1909
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3Cited by4 opinions
- Remick Music Corp. v. Interstate Hotel Co. of NebraskaDistrict Court, D. Nebraska · 1944
- Archer v. Citizens Fidelity Bank & Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
- Sweet v. City of ChicagoDistrict Court, N.D. Illinois · 1996
- April Productions, Inc. v. Strand Enterprises, Inc.District Court, S.D. New York · 1948