Legal Opinion
Smith-Blair, Inc. v. R. H. Baker & Co.
District Court, S.D. California
Decided December 3, 1962No. Civ. No. 18823-SPublishedCited by 2 opinions
1Opinion of the Court
ALBERT LEE STEPHENS, JR., District Judge.
Several motions made after verdict are pending and a proposed form of Judgment has been submitted, to which objections are pending. These matters raise as a primary question, what is the “better practice” 1 for the District Court to follow in a case such as this in the light of the pronouncements of the Supreme Court and of the Court of Appeals for this, the Ninth Circuit? The cases to which reference is made are all familiar to counsel and are cited in this memorandum.
This case was submitted to the jury on a special verdict. The questions put to the…
2Cases cited10 opinions
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- McDonald v. PlessSupreme Court of the United States · 1915
- Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
- Electrical Fittings Corp. v. ThomasSupreme Court of the United States · 1939
- Altvater v. FreemanSupreme Court of the United States · 1943
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ward v. City of San JoseDistrict Court, N.D. California · 1990
- Solvex Corp. v. FreemanDistrict Court, W.D. Virginia · 1977