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WARD v. STUDEBAKER SALES CORPORATION

No. 7227.

113 F.2d 567 (1940)

WARD v. STUDEBAKER SALES CORPORATION OF AMERICA.

Circuit Court of Appeals, Third Circuit.

July 8, 1940.

Attorney(s) appearing for the Case

Joseph E. Gold and Thomas J. Minnick, Jr., both of Philadelphia, Pa., for appellant.

J. Horace Churchman and Carl W. Funk, both of Philadelphia, Pa. (Drinker, Biddle & Reath, of Philadelphia, Pa., of counsel), for appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The appellee here is in the embarrassing position of the small boy in the apple orchard. The farmer has pulled the ladder from under the tree. In the case at bar, the farmer is the United States Supreme Court and it has pulled the same ladder from under the various "inferior" Federal courts.1

That ladder was reliance upon the Supreme Court's previous interpretation of Section 51 of the Judicial Code, 28 U...

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