# John Leary v. United States

> Court of Appeals for the Ninth Circuit · June 30, 1959 · 268 F.2d 623

URL: https://www.frixlaw.com/law-library/cases/9446905

## Case

- **Full name:** John LEARY, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 30, 1959
- **Citations:** 268 F.2d 623
- **Precedential status:** Published
- **Opinion:** Concurrence by Stephens
- **Judges:** Fee, Pope, Stephens, Chambers, Barnes, Hamley, Hamlin, Jertberg
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9446905

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9446905. Public record. Not legal advice.