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West Vs. American Tel. and Tel. Co.

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  • US Supreme Court
  • Nov 13, 1940

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43 entries 3 linked 40 unlinked
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  1. Russell Vs. Todd US Supreme Court · Feb 26, 1940
  2. Fidelity Union Trust Co. Vs. Field US Supreme Court · Dec 09, 1940
  3. Erie Railroad Co. Vs. Tompkins US Supreme Court · Apr 25, 1938
  4. West v. American
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  5. Tel. & Tel. Co. - 311 U.S. 223 (1940) U.S. Supreme Court West v. American
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  6. Tel. & Tel. Co., 311 U.S. 223 (1940) West v. American
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  7. this case, in which jurisdiction rests exclusively on diversity of citizenship, declined to follow the ruling in West v. American
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  8. of the Judiciary Act of 1789 and of our decision in Erie Railroad Co. v. Tompkins
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  9. and that both had misconstrued and misapplied an earlier decision of the court below in American Steel Foundries v. Hunt
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  10. demand is prerequisite to suit in the case of a remainderman is the decision of the state court of appeals in West v. American
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  11. define the nature and extent of petitioners' right. See Russell v. Todd
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  12. as well as those prescribed by statute. Erie Railroad Co. v. Tompkins
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  13. and persuasive indication that its pronouncement will be modified, limited or restricted. See Wichita Royalty Co. v. City
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  14. and however much the state rule may have departed from prior decisions of the federal courts. See Erie Railroad Co. v. Tompkins
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  15. by other persuasive data that the highest court of the state would decide otherwise. Six Companies of California v. Joint
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  16. ante, p. 311 U. S. 169 . Cf. Graham v. White-Phillips
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  17. Wichita Royalty Co. v. City
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  18. against the petitioner, may hold itself free to modify or reject the ruling thus announced. Village of Brewster v. Hill
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  19. demand was made, the statute of limitations did not begin to run until one or the other of those dates. See Keithler v. Foster
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  20. Ohio G.C., see Cleveland & M. Railroad Co. v. Robbins
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  21. in making it, citing Keither v. Foster
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  22. Cf. Stearns v. Hibben
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  23. In Keithler v. Foster
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  24. In Douglas v. Corry
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  25. Townsend v. Eichelberger
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  26. until after the expiration of the additional limitation period after the demand was made or presumed as in Keithler v. Foster
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  27. Keithler v. Foster
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  28. Douglas v. Corry
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  29. Stearns v. Hibben
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  30. N.E. 1157. There is here Page 311 U. S. 242 no place for any presumption of demand, as in Keithler v. Foster
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  31. was held a bar in both. Though the action was in equity, an action at law might have been maintained ( Stearns v. Hibben
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  32. justifying their delay in making demand ( Keithler v. Foster
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  33. U.S. Supreme Court West v. American
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  34. American Steel Foundries v. Hunt
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  35. See Russell v. Todd
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  36. See Wichita Royalty Co. v. City
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  37. See Erie Railroad Co. v. Tompkins
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  38. Six Companies of California v. Joint
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  39. Cf. Graham v. White-Phillips
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  40. Village of Brewster v. Hill
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  41. See Keithler v. Foster
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  42. Cleveland & M. Railroad Co. v. Robbins
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  43. Keither v. Foster
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