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Radio Station Wow, Inc. Vs. Johnson

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  • US Supreme Court
  • Jun 18, 1945

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  1. American Surety Co. Vs. Baldwin US Supreme Court · Nov 14, 1932
  2. Thomson Vs. Dean US Supreme Court · Jan 01, 1868
  3. Winthrop Iron Co. Vs. Meeker US Supreme Court · Nov 05, 1883
  4. Forgay Vs. Conrad US Supreme Court · Jan 01, 1848
  5. Simmerman Vs. Nebraska US Supreme Court · Dec 07, 1885
  6. California National Bank Vs. Stateler US Supreme Court · Oct 17, 1898
  7. U.S. 120 (1945) U.S. Supreme Court Radio Station WOW, Inc. v. Johnson
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  8. U.S. 120 (1945) Radio Station WOW, Inc. v. Johnson
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  9. system not to permit an appeal until a litigation has been concluded in the court of first instance. See Heike v. United
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  10. Cobbledick v. United
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  11. Catlin v. United
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  12. master or a lower State court of an account upon which a further decree is to be entered. See California National Bank v. Stateler
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  13. it suffices to say that Forgay v. Page
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  14. U. S. 126 Conrad, 6 How. 201, and Carondelet Canal Co. v. Louisiana
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  15. it is independent of, and unaffected by, another litigation with which it happens to be entangled. Compare Clark v. Williard
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  16. raise other federal questions that may later come here, such as is true of eminent domain cases, see Grays Harbor Co. v. Coats-Fordney
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  17. Supreme Court directed immediate possession of the property to be transferred, the case comes squarely within Forgay v. Conrad
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  18. supra, and Carondelet Canal Co. v. Louisiana
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  19. that the case could have been brought here had the questions been raised prior to the original disposition. Simmerman v. Nebraska
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  20. Godchaux Co. v. Estopinal
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  21. Lynch v. New
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  22. of the nonfederal ground unless it is an obvious subterfuge to evade consideration of a federal issue. See Neilson v. Lagow
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  23. precludes its consideration on rehearing. These are matters of State law, and not our concern. Cf. Fair Haven R. Co. v. New
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  24. which it unambiguously rejected in its opinion it did not mean to assert through its judgment. Hotel Employees' Local v. Board
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  25. Burke v. Unique
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  26. opportunity to pass authoritatively on State issues involved in federal litigation. See, e.g., Spector Motor Service v. McLaughlin
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  27. Most of the cases cited which involve an accounting have come from federal courts. In this category are Forgay v. Conrad
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  28. Keystone Manganese & Iron Co. v. Martin
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  29. McGourkey v. Toledo
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  30. Gulf Refining Co. v. United
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  31. would be subjected to irremediable injury, for execution had been awarded. Also held final was the decree in Thomson v. Dean
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  32. stock and an accounting to determine the amounts paid and to be paid and the dividends accrued. In Gulf Refining Co. v. United
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  33. with immediate delivery of possession of the subject matter of the suit. This consideration was emphasized in Grant v. Phoenix
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  34. Ins. Co., 106 U. S. 429 , 106 U. S. 431 -432, and in Collins v. Miller
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  35. U. S. 364 , 252 U. S. 371 . Another line of cases starts with Winthrop Iron Co. v. Meeker
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  36. had been prayed for in the bill. This unsubstantial distinction was seized upon in Keystone Manganese & Iron Co. v. Martin
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  37. supra, and in McGourkey v. Toledo
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  38. cases where an accounting had been sought. The cases from State courts are less numerous. California National Bank v. Stateler
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  39. of money to be turned over remained to be ascertained, as did the existence of the stock. And, in Sand Springs Home v. Naharkey
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  40. Opposed to the general observations in the Stateler case is the square ruling in Carondelet Canal Co. v. Louisiana
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  41. U.S. Supreme Court Radio Station WOW, Inc. v. Johnson
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  42. See Heike v. United
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  43. See California National Bank v. Stateler
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  44. Forgay v. Page
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  45. and Carondelet Canal Co. v. Louisiana
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  46. Compare Clark v. Williard
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  47. Grays Harbor Co. v. Coats-Fordney
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  48. See Neilson v. Lagow
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  49. Cf. Fair Haven R. Co. v. New
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  50. Hotel Employees' Local v. Board
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