Legal Opinion · Dissent
Western Pac R.R. Corp. v. Western Pac. R. Co. Metzger v. Western Pac. R. Co.
Court of Appeals for the Ninth Circuit
Decided September 11, 1952No. 12506_1Published
1DissentJames Alger Fee, District Judge
This cause involves the disposition of over $21,000,000. The solution requires application of novel statutory language affecting the fields of bankruptcy and taxes. I have expressed myself heretofore and still feel that the findings of -the lower court do not support the determination made by two judges on the panel here.
I am unable to agree with either the denial of rehearing or the striking of the petitions which ask for a rehearing by the *1013full complement of Circuit Judges of this Court en banc. Two District Judges and one Circuit Judge constituted the panel which heard the case. As has…
2Cases cited41 opinions
- Waley v. JohnstonSupreme Court of the United States · 1942
- Southport Petroleum Co. v. National Labor Relations BoardSupreme Court of the United States · 1942
- Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
- John Hancock Mutual Life Insurance v. BartelsSupreme Court of the United States · 1939
- United States v. GallagherCourt of Appeals for the Third Circuit · 1950
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