Stella McSparran Adm'x of the Est. of Ignatius Peter Kane, Deceased v. Edward Thomas Subers. Stella McSparran Adm'x of the Est. of Ignatius Peter Kane, Deceased v. John Hanigan, Individually & Trading as the Hanigan Constr. Co., Walter Hinkle, Individually & Trading as the Hinkle Excavation Co. & Robert R. Tyler, Individually & Trading as the Robert R. Tyler & Co. & John McShain Inc. (Third-Party Plaintiff) v. William H. Walters & Sons, Inc. (Third-Party Defendant). Stella McSparran Adm'x of the Est. of Ignatius Pater Kane, Deceased, in No. 15477. John Hanigan, Individually & Trading as the Hanigan Constr. Co., in No. 15478. Walter Hinkle, Individually & Trading as the Hinkle Excavation Co., in No. 15479. Robert R. Tyler, Individually & Trading as the Robert R. Tyler Co., in No. 15480, 356 F.2d 983 (3rd Cir. 1966). · Go Syfert
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Stella McSparran Adm'x of the Est. of Ignatius Peter Kane, Deceased v. Edward Thomas Subers. Stella McSparran Adm'x of the Est. of Ignatius Peter Kane, Deceased v. John Hanigan, Individually & Trading as the Hanigan Constr. Co., Walter Hinkle, Individually & Trading as the Hinkle Excavation Co. & Robert R. Tyler, Individually & Trading as the Robert R. Tyler & Co. & John McShain Inc. (Third-Party Plaintiff) v. William H. Walters & Sons, Inc. (Third-Party Defendant). Stella McSparran Adm'x of the Est. of Ignatius Pater Kane, Deceased, in No. 15477. John Hanigan, Individually & Trading as the Hanigan Constr. Co., in No. 15478. Walter Hinkle, Individually & Trading as the Hinkle Excavation Co., in No. 15479. Robert R. Tyler, Individually & Trading as the Robert R. Tyler Co., in No. 15480, 356 F.2d 983 (3rd Cir. 1966). Cases Citing This Book View Copy Cite
48 citation events (7 in the last 25 years) across 22 distinct courts.
Strongest positive: Alstrin v. St. Paul Mercury Insurance (ded, 2002-01-16)
Treatment trajectory · 1966 → 2026 · click a year to view as-of
1966 1996 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited "see" Alstrin v. St. Paul Mercury Insurance
D. Del. · 2002 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628, 636-37 (E.D.Pa.1963), aff'd, 356 F.2d 983 (3d Cir.1966) (an answer to a request under Rule 36 is ... a studied response ... to a request to assert the truth or falsity of a relevant fact pointed out by the request for admission ....
cited Cited "see" O'Bryant v. Allstate Insurance
D. Conn. · 1985 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628, 636-37 (D.Pa.1963), aff'd, 356 F.2d 983 (3rd Cir.1966).
cited Cited "see" Earl Realty, Inc. v. Leonetti (In Re Leonetti)
E.D. Pa. · 1983 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628 (E.D.Pa.), aff'd, 356 F.2d 983 (3d Cir.1966).
cited Cited "see" Pease v. Zazza
Iowa · 1980 · signal: see · confidence high
See McSparren v. Hanigan, 225 F.Supp. 628, 634 (E.D.Pa.1963), aff’d per curiam, 356 F.2d 983 (3d Cir. 1966); Restatement (Second) of Agency §§ 350-51 (1958).
cited Cited "see" Vizzini v. Ford Motor Co.
E.D. Pa. · 1976 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628 (E.D.Pa.1963), aff’d, 356 F.2d 983 (3d Cir. 1966); Tompkins v. Pilots Association for Bay and River Delaware, 32 F.Supp. 439 (E.D.Pa.1940).
cited Cited "see" Basurto v. Utah Construction & Mining Company
Ariz. Ct. App. · 1971 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628, 635 (E.D.Pa.1963) Aff’d 356 F.2d 983 (3 Cir. 1966).” 375 F.2d at 470 .
discussed Cited "see" Howard Jamison, Administrator of the Estate of Jesse Click, Deceased v. Westinghouse Electric Corporation, a Pennsylvania Corporation (2×) also: Cited "see, e.g."
3rd Cir. · 1967 · signal: see · confidence high
See McSparran v. Hanigan, 225 F.Supp. 628, 635 (E.D.Pa.1963), aff’d, 356 F.2d 983 (3 Cir. 1966).
discussed Cited "see, e.g." United States ex rel. Bibby v. Wells Fargo Bank, N.A.
N.D. Ga. · 2012 · signal: see also · confidence low
See also United States v. Klein, 230 F.Supp. 426, 442 (W.D.Pa.1964) (finding defendants liable under the FCA for procuring veterans to apply for VA guaranteed loans for proper ties they never intended to occupy, which subsequently went into foreclosure), aff'd mem., 356 F.2d 983 (3d Cir.1966); United States v. Inc. Village of Island Park, 888 F.Supp. 419, 440 (E.D.N.Y.1995) ("[T]he Village’s fraudulent conduct caused false claims to be presented to the government by the innocent mortgagee on behalf of purchasers who were illegally selected in violation of the first-come, first-served require…
discussed Cited "see, e.g." United States v. Bornstein (2×)
SCOTUS · 1976 · signal: compare · confidence low
Compare United States v. Klein, 230 F. Supp. 426, 443 (WD Pa.), aff'd per curiam, 356 F. 2d 983 (CA3) (damages doubled after offsetting credits deducted), with United States v. Globe Remodeling Co., 196 F. Supp. 652, 657 (Vt.) (damages doubled before offsetting credits deducted). [13] The Government's actual damages are equal to the difference between the market value of the tubes it received and retained and the market value that the tubes would have had if they had been of the specified quality.
Retrieving the full opinion text from the archive…
Stella McSparran Administratrix of the Estate of Ignatius Peter Kane, Deceased
v.
Edward Thomas Subers. Stella McSparran Administratrix of the Estate of Ignatius Peter Kane, Deceased v. John Hanigan, Individually and Trading as the Hanigan Construction Company, Walter Hinkle, Individually and Trading as the Hinkle Excavation Company and Robert R. Tyler, Individually and Trading as the Robert R. Tyler and Co. And John McShain Inc. (Third-Party Plaintiff) v. William H. Walters & Sons, Inc. (Third-Party Defendant). Stella McSparran Administratrix of the Estate of Ignatius Pater Kane, Deceased, in No. 15477. John Hanigan, Individually and Trading as the Hanigan Construction Company, in No. 15478. Walter Hinkle, Individually and Trading as the Hinkle Excavation Company, in No. 15479. Robert R. Tyler, Individually and Trading as the Robert R. Tyler Company, in No. 15480
15476-15480_1.
Court of Appeals for the Third Circuit.
Apr 5, 1966.
356 F.2d 983
Cited by 2 opinions  |  Published

356 F.2d 983

Stella McSPARRAN, Administratrix of the Estate of Ignatius
Peter Kane, Deceased, Appellant,
v.
Edward Thomas SUBERS.
Stella McSPARRAN, Administratrix of the Estate of Ignatius
Peter Kane, Deceased
v.
John HANIGAN, Individually and Trading as the Hanigan
Construction Company, Walter Hinkle, Individually and
Trading as the Hinkle Excavation Company and Robert R.
Tyler, Individually and Trading as the Robert R. Tyler and
Co. and John McShain, Inc. (Third-Party Plaintiff) v.
WILLIAM H. WALTERS & SONS, INC. (Third-Party Defendant).
Stella McSparran, Administratrix of the Estate of Ignatius
pater Kane, Deceased, Appellant in No. 15477.
John Hanigan, Individually and Trading as the Hanigan
Construction Company, Appellant in No. 15478.
Walter Hinkle, Individually and Trading as the Hinkle
Excavation Company, Appellant in No. 15479.
Robert R. Tyler, Individually and Trading as the Robert R.
Tyler Company, Appellant in No. 15480.

Nos. 15476-15480.

United States Court of Appeals Third Circuit.

Argued Feb. 7, 1966.
Decided Feb. 18, 1966, Rehearing Denied in No. 15479 March
11, 1966, Rehearing Denied in No. 15480 April 5, 1966.

Appeals from the United States District Court for the Eastern District of Pennsylvania; Alfred L. Luongo, Judge, 225 F.Supp. 628.

Norman Paul Harvey, Liebert, Harvey, Herting & Short, Philadelphia, Pa., for appellant Hanigan, ect.

Joseph G. Manta, Esq., LaBrum & Doak, Philadelphia, Pa. (James M. Marsh, Philadelphia, Pa., on the brief), for appellant Hinkle, etc.

Harry Nixon, Philadelphia, Pa. (Michael A. Foley, Philadelphia, Pa., on the brief), for appellant Tyler, etc.

Kenneth Syken, Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa. (B. Nathaniel Richter, Jack J. Bernstein, Philadelphia, Pa., on the brief), for appellant McSparran. Counsel for appellee Hanigan and others.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.

PER CURIAM.

1

We find that as to the merits, with particular reference to the primary questions of liability of appellants, the first trial of these suits was without substantial error and that the issues were properly submitted to the jury.

2

We further find that the refusal of the trial judge to mold the verdicts in these causes after the first trial thereof was within his discretion.

3

The judgments in these cases will be affirmed.