Legal Opinion · Concurrence

Standard Oil Co. v. Clark

Court of Appeals for the Second Circuit

Decided September 22, 1947No. 185, Docket 20406Published

1ConcurrenceFrank, Circuit Judge

Although the opinions of Judge Wyzan-ski are of unusual excellence, they leave for our consideration several complicated problems with which Judge Clark’s opinion brilliantly deals. Nevertheless, as to sev-' eral items, I think it well to make some further comments.

1. Since its last paragraph disposes of the matter, all else in point 4 of the majority opinion is dictum in which I do not join, especially because the issue there discussed was not orally argued before us and will soon be decided by the Supreme Court.

2. Point 5 discusses defendant’s contention concerning the anti-trust laws as if…

2Cases cited12 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
  3. In Re FriedCourt of Appeals for the Second Circuit · 1947
  4. Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  5. Strong v. United StatesCourt of Appeals for the First Circuit · 1931

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