Fischler v. McCarthy

Ninth Circuit Court of Appeals

Argued Dec. 7, 1954.

Decided Dec. 20, 1954.

Ninth Circuit Court of Appeals · decided 1954-12-20

2 counsel of record

Applies 28 U.S.C. § 1391

Relies on Helvering v. Taylor · Lewis v. Reynolds · Stone v. White

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1954-12-20

How this case has been cited

Cited by 45 later decisions — most recently July 1989 · most notably Dysart v. United States (1965), Compton v. United States (1964)

15 federal appellate · 9 district ·

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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¶1Harry Green, New York City (Samuel A. Bloom, New York City, on the brief), for plaintiffs-appellants.

¶2Alfred P. O’Hara, Asst. U. S. Atty., New York City (Daniel G. Buckley, J. Edward Lumbard, U. S. Atty., and Thomas A. Bolan, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

¶3Before CLARK, Chief Judge, and MEDINA and HARLAN, Circuit Judges.

¶4PER CURIAM.

¶5The dismissal is affirmed for lack of venue in the district court. See 28 U. S.C. § 1391 (b); Butterworth v. Hill, 114 U.S. 128, 5 S.Ct. 796, 29 L.Ed. 119; and the opinion of Judge Kaufman below as reported in D.C.S.D.N.Y., 117 F. Supp. 643, at pages 646-647.