Legal Opinion · Dissent

Union Co-operative Ins. v. Bannerman

Court of Appeals for the D.C. Circuit

Decided June 17, 1935No. 6397Published

1DissentHitz, Associate Justice

I am unable to agree with the judgment and opinion in this case, because the court, as the opinion states, feels itself constrained to remain consistent with its decision in Darby v. Montgomery County Nat. Bank, 63 App. D. C. 313, 72 F.(2d) 181; and there are other compelling reasons for dissent.

Although the case presents a new and important question respecting group insurance, and thereby touching the interest of many persons, the court declines to consider the merits of the cause, but disposes of it on a detail of procedure based on the omission of counsel to recite all of a rhetorical…

2Cases cited9 opinions

  1. Bennett v. ButterworthSupreme Court of the United States · 1851
  2. Young v. MartinSupreme Court of the United States · 1869
  3. Moline Plow Co. v. WebbSupreme Court of the United States · 1891
  4. Baltimore & Potomac Railroad v. Trustees of Sixth Presbyterian ChurchSupreme Court of the United States · 1875
  5. Balt. & Pot. Rr Co. v. Trustees, Etc.Supreme Court of the United States · 1875

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