Fleming v. Brown

Third Circuit Court of Appeals

Argued March 7, 1947.

Decided June 3, 1947.

Third Circuit Court of Appeals · decided 1947-06-03

2 counsel of record

Relies on Fleming v. Mohawk Wrecking & Lumber Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1947-06-03

How this case has been cited

Cited by 13 later decisions (2 by the Supreme Court) — most recently January 1966

7 federal appellate · 1 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1David London, of Washington, D. C. (William E. Remy, of Washington, D. C., Kenneth V. Fisher, of New York City, Samuel Mermin, and Stanley B. Frosh, both of Washington, D. C, on the brief), for appellant.

¶2Atwood Cranston, of Jersey City, N. J., and Jacob S. Spiro, of New York City, for appellees.

¶3Before BIGGS, GOODRICH, and O’-CONNELL, Circuit Judges.

¶4PER CURIAM.

¶5The contention that the appeal at bar is moot cannot be supported in view of the allegations contained in the affidavits filed by the parties.

¶6Every question presented by the appeal at bar must be decided in favor of the appellant by reason of the decisions of the Supreme Court in Fleming v. Mohawk Wrecking and Lumber Co. and Raley v. Fleming, 1947, 67 S.Ct. 1129. The appellee’s motion filed in this court to abate or to dismiss the action will be denied. The order of the court below, appealed from, will be reversed.