Opinion

Southern Pac. Co. v. Guthrie

  • 186 F.2d 926
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 9, 1951
Status
Published
Author
Bone
On the bench
Pope, Bone, Denman, Stephens
Cited by
68 cases

overruling Southern Pac. Co., 180 F.2d 295 (9th Cir. 1950)

How later courts described this case

  • overruling Southern Pac. Co., 180 F.2d 295 (9th Cir. 1950)
  • taxes too speculative to be used to judge excessiveness

Written by the judges who cited it.

The opinion

BONE, Circuit Judge

(concurring).

I agree that the judgment in this case should be affirmed but I think that we should also specifically overrule our Le-pisto case. The doctrine of that old case lacks support in pronouncements of the Supreme Court and only one Circuit seems to have relied on it as authority for the principle that a federal appellate court may arbitrarily reduce the size of a verdict merely because it regards it as excessive.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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