Legal Opinion · Dissent

United States v. Cooper Corp.

Court of Appeals for the Second Circuit

Decided August 8, 1940No. 363Published

1DissentClark, Circuit Judge

The occasional decisions in which the word “person” has been said to exclude the sovereign have never attained the dignity of a firm rule of law. In many cases the state or United States has been held in-eluded within legislative contemplation when “person” appeared in a statute, often under circumstances harmful, rather than helpful, to the sovereign. See Stanley v. Schwalby, 147 U.S. 508, 517, 13 S.Ct. 418, 37 L.Ed. 259; Ohio v. Helvering, 292 U.S. 360, 54 S.Ct. 725, 78 L.Ed. 1307 [cf. Helvering v. Stockholms Enskilda Bank, 293 U.S. 84, 86, 55 S.Ct. 50, 79 L.Ed. 211]; Nardone v. United…

2Cases cited11 opinions

  1. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
  2. Nardone v. United StatesSupreme Court of the United States · 1937
  3. Ohio v. HelveringSupreme Court of the United States · 1934
  4. Stanley v. SchwalbySupreme Court of the United States · 1893
  5. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896

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