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.