Opinion

United States v. Henry W. Matthews and Nettie Matthews, Doing Business Under the Firm Name and Style of Yuba Livestock Auction Company

244 F.2d 626
1957 U.S. App. LEXIS 3126

Court: Court of Appeals for the Ninth Circuit
Filed: May 13, 1957
Status: Published
Author: Pope
On the bench: Stephens, Pope, Lemmon
Cited by: 35 cases
Authority: More cited than 24.6%

applying federal common law regarding the Packers and Stockyards Act

How later courts described this case

applying federal common law regarding the Packers and Stockyards Act

Written by the judges who cited it.

The opinion

POPE, Circuit Judge

(concurring specially).

I agree that appellant should have judgment. In United States v. Kramel, 234 F.2d 577 , the Eighth Circuit held that state law governs in a case like this. The present case does not require a decision in conflict with that one, for if state law governs the California law makes appellee liable, and if federal law governs, it also requires judgment for appellant as Judge Lemmon properly concludes. Since the federal and the state law are the same we need not decide between them.

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