EX PARTE MARSHALL CLARK; AND EX PARTE WILLIAM STAFFORD
EX PARTE MARSHALL CLARK; AND EX PARTE WILLIAM STAFFORD
323 U.S. 673
Supreme Court of the United States (1944)
Positive Treatment
Cited by 11 cases
Opinion
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McALLISTER v. United States, 348 U.S. 19 (U.S. 1954)…S. 533; Moor v. Texas & N. O. R. Co., 297 U. S. 101; Texas & New Orleans R. Co. v. Neill, 302 U. S. 645; Goodman v. United States, 305 U. S. 578; Goins v. United States, 306 U. S. 622; McCullough v. Kammerer Corp., 323 U. S. 327; McCarthy v. Bruner, 323 U. S. 673. I would dismiss the writ as improvidently granted. * See Labor Board v. Pittsburgh S. S. Co., 340 U. S. 498, 503: “This is not the place to review a conflict of evidence nor to reverse a Court of Appeals because were we in its place we would fin…
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Wilkerson v. McCARTHY, 336 U.S. 53 (U.S. 1949)…eral Employers’ Liability Act in a case turning solely on jury issues. The only petition on behalf of a carrier that brought such a case here during this period was dismissed, and rightly, as improvidently granted. McCarthy v. Bruner, 322 U. S. 718; 323 U. S. 673. Nor does what the United States Reports disclose regarding the disposition of petitions for certiorari tell the whole story of the Court’s exercise of discretion in granting or denying them. This is so because of adherence, on the whole, to the wis…1 / 3
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Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521 (U.S. 1957)…appears in quite a different light after argument than it appeared on the original papers. Surely this must be acknowledged regarding one of today’s cases, No. 46, and see McCarthy v. Bruner, certiorari granted, 322 U. S. 718, certiorari dismissed, 323 U. S. 673. The course of argument and the briefs on the merits may disclose that a case appearing on the [*528] surface to warrant a writ of certiorari does not warrant it, see Layne & Bowler Corp. v. Western Well Works, Inc., 261 U. S. 387,5 or may reveal mo…1 / 2
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