Legal Opinion
Tobin, Secretary of Labor v. Ramey
Court of Appeals for the Fifth Circuit
Decided August 31, 1953No. 14370PublishedCited by 16 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
The appellee seeks a rehearing because the opinion in this case was written by a judge who did not sit during the oral argument. The petition asserts that the right of appeal contemplates a determination “in the Court of Appeals by at least three judges who have participated in the appellate hearing of the casé.” It further contends as follows:
“True, 28 USC 46(c) provides that in the courts of appeals, cases shall ‘be heard and determined by a court or division of not more than three judges,’ implying at first blush, when read out of context, that the hearing may be by…
2Cases cited3 opinions
- Western Pacific Railroad Corp. v. Western Pacific Railroad Co.Supreme Court of the United States · 1953
- Alltmont v. United StatesCourt of Appeals for the Third Circuit · 1950
- Ayrshire Collieries Corp. v. United StatesSupreme Court of the United States · 1947
3Cited by16 opinions
- Nguyen v. United StatesSupreme Court of the United States · 2003
- Hagelstein v. Swift-Eckrich Division of ConAgraNebraska Supreme Court · 1999
- Photo-Sonics, Inc., Instrumentation Marketing Corporation, Photo Digitizing Systems, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1982
- Northeastern Land Services, Ltd. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 2009
- Comer v. Murphy Oil USACourt of Appeals for the Fifth Circuit · 2010
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