Legal Opinion

Bobrecker v. Denebeim

District Court, W.D. Missouri

Decided November 3, 1938No. 2997PublishedCited by 4 opinions

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The opinion in the above matter dated October 29, 1938, is withdrawn.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

  1. Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
  2. American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
  3. Danks v. GordonCourt of Appeals for the Second Circuit · 1921
  4. M. Witmark & Sons v. CallowayDistrict Court, E.D. Tennessee · 1927
  5. Bosselman v. RichardsonCourt of Appeals for the Second Circuit · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Remick Music Corp. v. Interstate Hotel Co. of NebraskaDistrict Court, D. Nebraska · 1944
  2. Archer v. Citizens Fidelity Bank & Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
  3. Sweet v. City of ChicagoDistrict Court, N.D. Illinois · 1996
  4. April Productions, Inc. v. Strand Enterprises, Inc.District Court, S.D. New York · 1948

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