Legal Opinion

United States v. Henry W. Matthews and Nettie Matthews, Doing Business Under the Firm Name and Style of Yuba Livestock Auction Company

Court of Appeals for the Ninth Circuit

Decided May 13, 1957No. 15245PublishedCited by 40 opinions

1Opinion of the Court

LEMMON, Circuit Judge.

Some readers of a comparatively recent Supreme Court decision may discern a trace of nostalgia" for Swift *627v. Tyson1 and its holding that state law should govern Federal courts only in matters “strictly local”, and not as “to question of a more general nature”.

Be that as it may, almost exactly one hundred years after Swift, in a case involving a fraudulently cashed Government check, the Supreme Court said:

“In our choice of the applicable federal rule we have occasionally selected state law. [Case cited.] But reasons which may make state law at times the appropriate…

2Cases cited16 opinions

  1. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  2. Swift v. TysonSupreme Court of the United States · 1842
  3. Stafford v. WallaceSupreme Court of the United States · 1922
  4. Birmingham v. Rice Bros.Supreme Court of Iowa · 1947
  5. Mason City Production Credit Ass'n v. Sig Ellingson & Co.Supreme Court of Minnesota · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Clovis National Bank v. ThomasNew Mexico Supreme Court · 1967
  2. United States v. View Crest Garden Apts., Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1959
  3. United States v. Walter A. Hext, Sr., Harlingen Compress CompanyCourt of Appeals for the Fifth Circuit · 1971
  4. United States v. Sandy Sommerville, Trading and Doing Business Under the Name and Style, New Wilmington Livestock AuctionCourt of Appeals for the Third Circuit · 1964
  5. Sam MacRi & Sons, Inc., a Corporation, and Continental Casualty Company, a Corporation v. U. S. A. For the Use of Oaks Construction CompanyCourt of Appeals for the Ninth Circuit · 1963

35 more not listed; retrieve them via the Exa API.

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