254 F.2d 348 - Madison v. Phillips — 254 F.2d 348

How this case has been cited

Cited by 6 later decisions — most recently September 1974

5 federal appellate ·

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.

¶1Mr. Robert J. Harlan, Washington, D. C., with whom Mr. J. Franklin Wilson, Washington, D. C., was on the brief, for appellants.

¶2Mr. Louis Ginberg, Washington, D. C., with whom Mr. Fred Somkin, Washington, D. C., was on the brief, for appellee.

¶3Before Washington, Danaher and Bastían, Circuit Judges.

¶4PER CURIAM.

¶5Defendants in the District Court (appellants here) appeal from a judgment for plaintiff (appellee) entered in a suit for personal injuries.

¶6Most of the issues presented on this appeal are raised for the first time in this court. Appellant’s attorney1 vigorously urges that this court is vested with the power, under both Rule 17(i) 2 and decisions of this court, to consider such issues. However, under the circumstances of this case, we see no reason to exercise this discretion. See also Rules 46 and 51 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

¶7So far as the other issues presented are concerned, we find no error affecting substantial rights.

¶8Affirmed.