Opinion

John Leary v. United States

268 F.2d 623

Court: Court of Appeals for the Ninth Circuit
Filed: Jun 30, 1959
Status: Published
Author: Stephens
On the bench: Fee, Pope, Stephens, Chambers, Barnes, Hamley, Hamlin, Jertberg
Cited by: 8 cases
Authority: More cited than 24.6%

The opinion

STEPHENS, Circuit Judge

(concurring).

I concur in Judge BARNES’ opinion as amended.

However, I have been, and yet am, troubled with the Frad v. Kelly, 302 U. S. 312 , 58 S.Ct. 188 , 82 L.Ed. 282 , opinion. I agree that the judgment should be affirmed upon the timid ground that the court was de facto at least. Without further study, I cannot say that the judgment should be affirmed solely upon that ground.

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