Legal Opinion · Dissent

Capital Investors Co., Norman B. Frost, Deceased, and Harry Dreisen v. Executors of the Estate of Arthur R. Morrison

Court of Appeals for the Fourth Circuit

Decided September 29, 1978No. 75-1498Published

1DissentWidener, Circuit Judge

I respectfully dissent because the opinion of the panel confessedly does not give any weight to the current fact finding of the district court; I think it does not other than formally follow Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565 (1877); and I think it departs from established Virginia precedent which controls us here. My disagreement with the panel on its factual treatment of the case is somewhat intertwined with its treatment of Pennoyer v. Neff, as will be apparent. My disagreement with it on its failing to follow Virginia precedent is self-evident from this dissent.

I

With respect to…

2Cases cited23 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  3. Buchanan v. Brentwood Federal Savings & Loan Assoc.Supreme Court of Pennsylvania · 1974
  4. McKee v. ParadiseSupreme Court of the United States · 1936
  5. Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965

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