WILEY ET AL.
v.
COMMISSIONER OF INTERNAL REVENUE

U.S. | 1959-10-12
No. 233
361 U.S. 831 Supreme Court of the United States (1959) Positive Treatment
Cited by 9 cases

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  • …women’s, and children’s shoes attracting separate groups of customers in Brown Shoe, supra, 370 U.S. at 593-595, 82 S.Ct. 1502; and gospel music devotees in Affiliated Music Enterprises, Inc. v. SESAC, Inc., 268 F. 2d 13, 15 (2d Cir.), cert. denied, 361 U.S. 831, 80 S.Ct. 82, 4 L.Ed.2d 74 (1959). . Whitten invokes a Scan (a McGraw-Hill microfilm service) survey, which found that only 54 of 339 pool projects specifying pipe-less systems also specified conventional systems as an alternative, to support the a…
  • …of Public Roads Policy and Procedure Memorandum 21-11.1. Since the motion for summary judgment was granted, we must accept appellants’ version of the facts. See, e. g., Proctor v. Sagamore Big Game [*716] Club, 265 F. 2d 196 (3 Cir.), cert. denied, 361 U.S. 831, 80 S.Ct. 81, 4 L.Ed.2d 73 (1959). When the ease is viewed in this light and the exception provisions of 28 U.S.C. § 2680 are, for the moment, put to one side, there is no doubt that under the law of Pennsylvania the United States must be deemed t…
  • Glaros v. H.H. Robertson Co., 797 F.2d 1564 (Fed. Cir. 1986)
    …e presenting Luttrell as his expert. He cannot now be heard to complain. Moreover, Robertson’s naked assertion is not an admission of fact required by Rule 56(c). See Proctor v. Sagamore Big Game Club, 265 F. 2d 196, 198-99 (3rd Cir.), cert. denied, 361 U.S. 831, 80 S.Ct. 81, 4 L.Ed.2d 73 (1959). Though Glaros treats Luttrell’s lack of qualification as a fact, the district court made no such finding at any time. . Charging the jury and the court with error at virtually every step, Robertson misconstrues i…

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