Legal Opinion
Associated Press v. Emmett
District Court, S.D. California
Decided June 19, 1942No. 1926-YPublishedCited by 11 opinions
1Opinion of the Court
YANKWICH, District Judge.
The motions involve three questions. First, the question of jurisdiction. Then, arbitrariness and unilaterality of the ByLaws, and, especially, of the sections relating to withdrawal. And, finally, the invalidity of the provision for liquidated damages, which might, also, result in the court lacking jurisdiction of the case.
The two latter grounds are also urged as grounds for refusing recovery. One of the first things we learn when we come to this bench from the state trial courts is that, despite what we or the Bar may think about our position, we are merely federal…
2Cases cited59 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
54 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- H. J. McGrath Co. v. WisnerCourt of Appeals of Maryland · 1947
- Smith v. Royal Manufacturing Co.California Court of Appeal · 1960
- Olan Mills, Inc., of Tenn. v. Enterprise Pub. Co.Court of Appeals for the Fifth Circuit · 1954
- Associated Press v. Southern Arkansas Radio Co.Court of Appeals of Arkansas · 1991
- Associated General Contractors of America, New York State Chapter, Inc. v. Lapardo Bros. Excavating Contractors, Inc.New York Supreme Court · 1964
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