Legal Opinion

Cordovan Associates, Incorporated v. Dayton Rubber Company

Court of Appeals for the Sixth Circuit

Decided June 7, 1961No. 14029PublishedCited by 63 opinions

1Opinion of the Court

WEICK, Circuit Judge.

This case was remanded by the Supreme Court for consideration in the light of Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 80 S.Ct. 1190, 4 L.Ed.2d 1218. Duberstein had not been decided at the time our original opinion in this case 1 was announced. We have complied with the mandate of the Supreme Court. Additional briefs were filed by counsel after the remand and the case was again heard on oral arguments.

As we understand Duberstein, not only are findings of fact made by the District Court binding on an appellate court unless clearly erroneous, 2 but the…

2Cases cited14 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1957
  4. Bogardus v. CommissionerSupreme Court of the United States · 1937
  5. Baumgartner v. United StatesSupreme Court of the United States · 1944

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3Cited by63 opinions

  1. International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, IncorporatedCourt of Appeals for the Sixth Circuit · 1983
  2. Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
  3. Marjorie Glasson v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 1975
  4. Island Creek Coal Company Garden Creek Pocahontas Company v. Lake Shore, Inc.Court of Appeals for the Fourth Circuit · 1987
  5. Union Planters National Bank of Memphis v. United StatesCourt of Appeals for the Sixth Circuit · 1970

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

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