Legal Opinion

Sun Oil Co. v. Burford

Court of Appeals for the Fifth Circuit

Decided July 11, 1942No. 9962PublishedCited by 20 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

Our rules do not cohtemplate a second petition for rehearing,1 but this one was allowed to be filed because of an alleged conflict within the circuit of decisions rendered by this court at this term.2 Although the mandate in this case has been sent down, there is no reason why it may not be recalled by the court during the same term to prevent injustice.3

In opposition to our recalling the mandate and considering a second petition for rehearing, the appellees have cited four decisions of the Supreme Court, some of which contain language indicating that we do not have the…

2Cases cited30 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  3. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  4. Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
  5. Scott v. NeelySupreme Court of the United States · 1891

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3Cited by20 opinions

  1. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  2. Greater Boston Television Corporation v. Federal Communications Commission, Whdh, Inc., a Massachusetts Corporation, Intervenor. Whdh, Inc. v. Federal Communications Commission, Greater Boston Television Corporation, a Massachusetts Corporation, Intervenor. Charles River Civic Television, Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., Intervenors. Whdh, Inc. v. Federal Communications Commission, Boston Broadcasters, Inc., Intervenor. Greater Boston Tv Co., Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcasters Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1971
  3. Burford v. Sun Oil Co.Court of Appeals of Texas · 1944
  4. Landry v. DaleyDistrict Court, N.D. Illinois · 1968
  5. Randy Dale Mayo v. James A. Lynaugh, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1990

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