Legal Opinion · Concurrence

In re the Investigation of Alleged Unfair Methods of Competition & Unfair Acts

Court of Customs and Patent Appeals

Decided May 25, 1928No. 3009Published

1Concurrence

CONCURRING OPINION

Barber, Judge:

I concur in the conclusions reached by the court, but it would, in my opinion, be more in conformity with the established practice of this court to enter judgment denying the motion to dismiss without now handing down an opinion.

The only controverted issue is whether or not a case or controversy,, within the meaning of section 2 of Article III of the Constitution,, is presented, of which this court, as an inferior court, ordained and established by Congress under section 1 of said article, has jurisdiction. An opinion on that question can better be written…

2Cases cited1 opinion

  1. Atlantic Transport Co. v. United StatesCourt of Customs and Patent Appeals · 1914

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