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Miree Vs. Dekalb County
Cites for this judgment
- US Supreme Court
- Jun 21, 1977
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Miree v. DeKalbSearch
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County - 433 U.S. 25 (1977) U.S. Supreme Court Miree v. DeKalbSearch
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County, 433 U.S. 25 (1977) Miree v. DeKalbSearch
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swarming from the dump into the aircraft's jet engines shortly after takeoff. The rationale of Clearfield Trust Co. v. UnitedSearch
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law, petitioners could sue as third-party beneficiaries, and that governmental immunity would not bar the suit. Miree v. UnitedSearch
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reversed the panel on the breach of contract issue and adopted the panel dissent on this point as its opinion. Miree v. UnitedSearch
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the case would unquestionably be governed by Georgia law, Erie R. Co. v. TompkinsSearch
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decision demands that federal common law, rather than state law, control the contract's interpretation. United States v. SeckingerSearch
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Smith v. UnitedSearch
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First National Bank v. SmallSearch
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Miree v. UnitedSearch
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where a uniform national rule is necessary to further the interests of the Federal Government, Clearfield Trust Co. v. UnitedSearch
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the Clearfield Trust rule follows from the Court's later decision in Bank of America Nat. Trust & Sav. Assn. v. ParnellSearch
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Brief any citation in this list with AI Studio
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interests of the Government. These were dealt with in Clearfield Trust and in National Metropolitan Bank v. UnitedSearch
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sufficient, given the narrow question before us, to call into play the rule of Clearfield Trust. In Wallis v. PanSearch
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argued, nor briefed either in the District Court or in the Court of Appeals, we will not consider it. Cf. Lawn v. UnitedSearch
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Together with No. 76-659, Phillips v. DeKalbSearch
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County, Georgia, et al., No. 76-700, Fireman's Fund Insurance Co. v. DeKalbSearch
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County, Georgia, et al., and No. 76-722, Fields v. DeKalbSearch
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The Clearfield Trust rule may apply in diversity cases. See Sola Electric Co. v. JeffersonSearch
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Bank of America Nat. Trust & Sav. Assn. v. ParnellSearch
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Wallis v. PanSearch
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Government are at issue. I do not agree with such a restrictive approach. I cannot read Clearfield Trust Co. v. UnitedSearch
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States, 318 U. S. 363 (1943), and Bank of America Nat. Trust & Sav. Assn. v. ParnellSearch
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United States v. LittleSearch
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Lake Misere Land Co., 412 U. S. 580 , 412 U. S. 592 n. 10 (1973), quoting United States v BurnisonSearch
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Page 433 U. S. 35 United States v. LittleSearch
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Lake Misere Land Co., supra at 412 U. S. 592 -593. In such a situation, I would not read Wallis v. PanSearch
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application of federal law in this case. See H.R.Rep. No. 91-601 (1969). Accordingly, the rule of Erie R. Co. v. TompkinsSearch
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U.S. Supreme Court Miree v. DeKalbSearch
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of Clearfield Trust Co. v. UnitedSearch
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Erie R. Co. v. TompkinsSearch
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of the Federal Government, Clearfield Trust Co. v. UnitedSearch
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National Metropolitan Bank v. UnitedSearch
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of Clearfield Trust. In Wallis v. PanSearch
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Cf. Lawn v. UnitedSearch
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Phillips v. DeKalbSearch
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Fireman's Fund Insurance Co. v. DeKalbSearch
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Fields v. DeKalbSearch
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See Sola Electric Co. v. JeffersonSearch
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Clearfield Trust Co. v. UnitedSearch
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and Bank of America Nat. Trust & Sav. Assn. v. ParnellSearch
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of Erie R. Co. v. TompkinsSearch
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