McBride v. Smith

Supreme Court of the United States

October Term, 1966.

March 18, 1968

Supreme Court of the United States · decided 1968-03-18

Cited by 49 later decisions (1 by the Supreme Court) — most recently February 1978 · most notably United States v. Brickey (1970), Robert P. Smith v. James R. Schlesinger, Secretary of Defense (1975)

46 federal appellate · 1 district ·

Key passage — most relied on by later courts

“in accordance with the suggestion of the Solicitor General”

quoted by 1 later decision, including McBride v. Smith

“and upon an independent examination of the entire record.”

quoted by 1 later decision, including McBride v. Smith

Relies on Schneider v. Smith

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1968-03-18

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Melvin L. Wulf and Marvin M. Karpatkin, for petitioner.

Solicitor General Griswold, for respondent.

On Petition for rehearing.

PER CURIAM.

¶1

The petition for rehearing is granted and the order of May 29, 1967, denying certiorari is vacated. The petition for a writ of certiorari is granted, the judgment of the United States Court of Appeals for the Second Circuit vacated and the case is remanded to the United States District Court for the Southern District of New York for further consideration in light of Schneider v. Smith, 390 U.S. 17, 88 S.Ct. 683, 19 L.Ed.2d 799, in accordance with the suggestion of the Solicitor General and upon an independent examination of the entire record.

¶2

Mr. Justice MARSHALL took no part in the consideration or decision of this petition.