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Proper Vs. Clark

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  • US Supreme Court
  • Jun 20, 1949

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75 entries 11 linked 64 unlinked
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  1. Silesian-american Corp Vs. Clark US Supreme Court · Dec 08, 1947
  2. Helvering Vs. Stuart US Supreme Court · Nov 16, 1942
  3. Princess Lida Vs. Thompson US Supreme Court · Jan 03, 1939
  4. Markham Vs. Allen US Supreme Court · Jan 07, 1946
    Relied / Followed
  5. Prudence Realization Corp. Vs. Geist US Supreme Court · Apr 27, 1942
  6. Estate of Spiegel Vs. Commissioner US Supreme Court · Jan 17, 1949
  7. Pennoyer Vs. Neff US Supreme Court · Jan 01, 1878
  8. Herbert Vs. Bicknell US Supreme Court · Apr 06, 1914
  9. Security Savings Bank Vs. California US Supreme Court · Nov 19, 1923
  10. Mcdonald Vs. Mabee US Supreme Court · Mar 06, 1917
  11. Spector Motor Co. Vs. Mclaughlin US Supreme Court · Dec 04, 1944
    Relied / Followed
  12. U.S. 472 (1949) U.S. Supreme Court Proper v. Clark
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  13. U.S. 472 (1949) Proper v. Clark
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  14. Page 337 U. S. 475 that the petitioner had no right, title or interest in the claim in question, Markham v. Taylor
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  15. affirmed. Clark v. Propper
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  16. compensate our citizens or ourselves for the damages done by the governments of the nationals affected. United States v. Chemical
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  17. U. S. 469 , 332 U. S. 476 . We assume that the Court of Appeals of New York held, in Singer v. Yokohama
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  18. power to enact carries with it final authority to declare the meaning of the legislation. Prudence Realization Corp. v. Geist
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  19. but federal law determines whether the event of appointment can free the property from the prior control. Cf. Lyeth v. Hoey
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  20. states unless their conclusions are shown Page 337 U. S. 487 to be unreasonable. Estate of Spiegel v. Commissioner
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  21. MacGregor v. State
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  22. b subject to an attack on constitutional grounds under the doctrine of Pennoyer v. Neff
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  23. U. S. 714 . In our opinion, the argument is without merit. Pennoyer v. Neff
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  24. which is reasonably calculated to give notice to parties whose interests may be affected by the judgment. Cf. Milliken v. Meyer
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  25. be met in other ways than seizure of title, e.g., by an injunction against transfer of the property, Pennington v. Fourth
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  26. by an attachment, Herbert v. Bicknell
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  27. or by personal service on the party holding the property within the state, Security Savings Bank v. California
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  28. as here by appointment of the temporary receiver, it is fair to permit substituted service. Anderson Nat. Bank v. Luckett
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  29. McDonald v. Mabee
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  30. procedure has been followed in order to avoid a decision on a federal constitutional issue -- Spector Motor Co. v. McLaughlin
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  31. Chicago v. Fielderest
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  32. Railroad Comm'n v. Pullman
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  33. Public Utilities Comm'n v. United
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  34. only issue in the case was one of state law, although federal jurisdiction was based on the Bankruptcy Act. Thompson v. Magnolia
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  35. federal determination was subject to equitable discretion and the state issue was the only one in the case. Meredith v. Winter
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  36. practice in federal courts has been, when necessary, to decide both issues. This was the course we followed in Markham v. Allen
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  37. the Enemy Act, where an issue was the construction of a state statute. The state law question in Estate of Spiegel v. Commissioner
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  38. U. S. 335 U.S. 701, 335 U. S. 707 -708. In so doing, it followed the decision in Helvering v. Stewart
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  39. U. S. 154 , 317 U. S. 161 , et seq. Erie R. Co. v. Tompkins
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  40. should have that issue submitted to state courts for decision. See the later decision in the same case, Tompkins v. Erie
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  41. receiver before the promulgation of the freezing order. Reliance is placed on the rulings of cases like Kline v. Burke
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  42. U. S. 456 , 305 U. S. 466 , and Farmers' Loan, Co. v. Lake
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  43. Markham v. Allen
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  44. For opinions of the New York courts relating to the petitioner's action against ASCAP, see Propper v. Buck
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  45. Propper v. Buck
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  46. Propper v. Taylor
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  47. See Clark v. Uebersee
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  48. Compare Great Northern R. Co. v. Sutherland
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  49. Central Trust Co. v. Garvan
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  50. United States v. Chemical
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