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Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 (1941)
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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.
Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 (1941)
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Reconstruction Finance Corporation v. J. G. Menihan Corp. No. 200 Argued January 10, 1941 Decided February 3, 1941 312 U.S. 81
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1.Rule 54(d) of the Rules of Civil Procedure, providing that "costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law," is merely declaratory, and effected no change of principle. P. 83.
2. The Reconstruction Finance Corporation, a government agency whose transactions are akin to those of private enterprise and which is empowered by statute to sue and be sued, has not been endowed by Congress with governmental immunity from the cost and equitable allowance which are the natural and appropriate incidents of litigation. P. 83.
Held, that, in an unsuccessful suit by the Corporation to enjoin alleged infringements of trademarks, the right to which it claims as part of property on which it has taken mortgages and assignments as security for a loan, the Corporation is liable for cost and the additional allowance made by courts of equity in such cases in accordance with sound equity practice.
111 F.2d 940 affirmed.
Certiorari, 311 U.S. 625, to review the affirmance of a decree which reversed an order of the District Court denying costs and an additional allowance, 29 F.Supp. 853, in a suit to enjoin an alleged infringement of trademarks.
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Chicago: U.S. Supreme Court, "Syllabus," Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 (1941) in 312 U.S. 81 312 U.S. 82. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZYIY8UVJM4RZSYF.
MLA: U.S. Supreme Court. "Syllabus." Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 (1941), in 312 U.S. 81, page 312 U.S. 82. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZYIY8UVJM4RZSYF.
Harvard: U.S. Supreme Court, 'Syllabus' in Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 (1941). cited in 1941, 312 U.S. 81, pp.312 U.S. 82. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZYIY8UVJM4RZSYF.
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