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Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950)
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Dickinson v. Petroleum Conversion Corp. No. 150 Argued December 5, 1949 Decided January 16, 1950 338 U.S. 507
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. In April, 1947, the District Court, after hearing, entered a decree in a civil proceeding in which the respondent corporation and others had been allowed to intervene. The decree granted part of the relief prayed by the corporation, but dismissed its other claims. The court reserved jurisdiction as to matters which were of concern to other intervenors but which could not possibly affect the corporation. In August, 1948, a "final decree" was entered which did not in any way change the 1947 decree as to the corporation.
Held: as to the corporation, the 1947 decree was an appealable final decree; its failure to appeal therefrom forfeited its right of review, and appeal from the 1948 decree was ineffective, and should be dismissed. Pp. 508-516.
2. Rule 54(b) of the Federal Rules of Civil Procedure not having been in effect at the time of the 1947 decree, this Court does not determine its effect on cases of this kind. P. 512.
173 F.2d 738 reversed.
A motion to dismiss an appeal by a corporation from a decree of the District Court, on the ground that, as to the corporation, an earlier decree was final and appealable, was denied by the Court of Appeals. 173 F.2d 738. This Court granted a limited certiorari. 338 U.S. 811. Reversed, p. 516.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950) in 338 U.S. 507 338 U.S. 508. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HFZCMMTTXA9IKCW.
MLA: U.S. Supreme Court. "Syllabus." Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950), in 338 U.S. 507, page 338 U.S. 508. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HFZCMMTTXA9IKCW.
Harvard: U.S. Supreme Court, 'Syllabus' in Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950). cited in 1950, 338 U.S. 507, pp.338 U.S. 508. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HFZCMMTTXA9IKCW.
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