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302 U.S. 643

Docket No. 12.

Anderson v. Atherton

Supreme Court of the United States

Argued October 15, 1937.

Decided October 18, 1937.

Supreme Court of the United States · decided 1937-10-18

1 counsel of record

Relies on Langnes v. Green · United States v. Curtiss-Wright Export Corp. · United States v. American Ry Express Co Southeastern Express Co

Good law ✅— No negative treatment on recordhow we know

Decided 1937-10-18

How this case has been cited

Cited by 24 later decisions (2 by the Supreme Court) — most recently December 1989

12 federal appellate · 1 district · 3 state decisions

80193719401950196019701980decided

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.

View the full empirical analysis of this case →

¶1Messrs. George P. Barse and Eugene P. Locke, with whom Messrs. E. B. Stroud, Maurice E. Purnell, Arthur Peter, and John G. Heyburn were on the brief, for petitioner. Mr. John C. Doolan, with whom Messrs. Newton D. Baker, Howard F. Burns, William W. Crawford, Allen P. Dodd, Churchill Humphrey, T. Kennedy Helm, Graddy Cary, David R. Castleman, Charles G. Middleton, Huston Quin, Henry E. McElwain, Jr., Thomas A. Barker, and Henry J. Tilford were on the brief, for respondents. Messrs. T. Kennedy Helm, Edward A. Dodd, and Henry J. Tilford were on a brief for respondents Dr. Oscar E. Block et al.

¶2Certiorari, 300 U. S. 652, to the Circuit Court of Appeals for the Sixth Circuit.

¶3Per Curiam:

¶4The Court is of the opinion that the Circuit Court of Appeals was in error in ruling that, in the absence of a cross appeal, the question whether common law liability for negligence would support the decree was not before the court for review. United States v. American Express Co., 265 U. S. 425, 435, 436; Langnes v. Green, 282 U. S. 531, 538, 539; Public Service Commission v. Havemeyer, 296 U. S. 506, 509; United States v. Curtiss-Wright Corp., 299 U. S. 304, 330; Morley Construction Co. v. Maryland Casualty Co., 300 U. S. 185, 191. The decree of the Circuit Court of Appeals is reversed and the cause is remanded to that court for the determination of that question.

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