Hatfield ex rel. Hatfield v. Bishop Clarkson Memorial Hospital
Court of Appeals for the Eighth Circuit
1DissentLay, Chief Judge
I respectfully dissent. I cannot in good conscience join in the request for certification in Hatfield and Macku v. Drackett Products Co., No. 82-1150 (8th Cir.) filed this date. The majority opinion in requesting certification in this case to the Nebraska Supreme Court totally misconceives the certification process; furthermore, certification in the present case constitutes an abuse of the judicial process itself. The majority decision gives ringing truth to Justice Cardozo’s aphorism of fifty years ago that “postponement of a remedy [can be] equivalent to a denial of justice altogether.” 1
Tod…
2Cases cited13 opinions
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
- Memorial Hospital v. Maricopa CountySupreme Court of the United States · 1974
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960
- State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1976
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