Opinion · Court of Appeals for the First Circuit

Sprague Specialties Co. v. Mershon

Sprague Specialties Co. v. Mershon, 73 F.2d 379 (1st Cir. 1934)

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1934-11-10
Topic
general

PER CURIAM. The decree appealed from rested solely on the decree in the New York case, Mershon v. O’Neill (D. C.) 3 F. Supp. 26.

Citator

UpLaw has not yet analyzed Sprague Specialties Co. v. Mershon. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
SPRAGUE SPECIALTIES CO. v. MERSHON,73 F.2d 379(1st Cir. 1934)
SPRAGUE SPECIALTIES CO. v. MERSHON et al.
No. 2880.
Circuit Court of Appeals, First Circuit.
November 10, 1934.
Appeal from the District Court of the United States for the District of Massachusetts; James A. Lowell, Judge.

Suit by Ralph D. Mershon and others against the Sprague Specialties Company. From an adverse decree, defendant appeals.

Reversed and remanded.
Vernon M. Dorsey, of Washington, D.C. (William J. Nolan, of Boston, Mass., and Frank C. Cole, of New York City, on the brief), for appellant.

C. Blake Townsend, of New York City (Odin Roberts and Roberts, Cushman Woodberry, all of Boston, Mass., and Drury W. Cooper, of New York City, on the brief), for appellees.
Before WILSON and MORTON, Circuit Judges, and MORRIS, District Judge.
PER CURIAM.
The decree appealed from rested solely on the decree in the New York case, Mershon v. O'Neill (D.C.)3 F. Supp. 26. As that decree has now been reversed by the Circuit Court of Appeals for the Second Circuit, there is nothing on which the decree before us can stand. In this situation the proper course is for us to reverse the decree appealed from and remand the case for further proceedings. Butler v. Eaton,141 U.S. 240,11 S. Ct. 985,35 L. Ed. 713; Ransom v. City of Pierre (C.C.A.) 101 F. 665, 670; Du Pont de Nemours Co. v. Richmond Guano Co. (C.C.A.) 297 F. 580. See Deposit Bank v. Board of Councilmen of Frankfort,191 U.S. 499,24 S. Ct. 154,48 L. Ed. 276.

The decree of the District Court is reversed, with costs to the appellant, and the case is remanded to that court for further proceedings.Page 468