green
Positive treatment
Quoted verbatim 3×
30.1 score
“the court, it is true, has power 'to affirm, modify, or set aside' the order of the commission 'in whole or in part.' ... but that authority is not power to exercise an essentially administrative function.”
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited "but see"
State v. Blake
We reject the reasoning therein in favor of the majority rule. 2 Federal: Durham v. United States (1971), 401 U. S. 481 ; but see Dove v. United States (1976), 423 U. S. 325 .
discussed
Cited as authority (quoted)
City of Indianapolis v. Bradford Bentley
if the decision of the agency 'is not sustainable on the administrative record made, then the ... decision must be vacated and the matter remanded ... for further consideration.
examined
Cited as authority (quoted)
Dethmers Manufacturing Company, Inc. v. Automatic Equipment Mfg Co., Defendant/cross-Appellant
the court, it is true, has power to affirm, modify, or set aside the order of the commission in whole or in part.... but that authority is not power to exercise an essentially administrative function.
examined
Cited as authority (quoted)
Gilbert P. Hyatt v. Gary W. Boone
the court, it is true, has power 'to affirm, modify, or set aside' the order of the commission 'in whole or in part.' ... but that authority is not power to exercise an essentially administrative function.
cited
Cited as authority (rule)
State v. Isaak
In Dove v. United States, 423 U.S. 325, 325 (1976), the Supreme Court dismissed a petition that was pending when a defendant died.
discussed
Cited as authority (rule)
Lee v. United States
The Second Circuit recently confronted a nearly identical situation in United States v. pending petition for rehearing en banc); Dove v. United States, 423 U.S. 325, 325 (1976) (same as to pending petition for writ of certiorari). 6 Mladen, 958 F.3d 156 (2d Cir. 2020).
cited
Cited as authority (rule)
United States v. Samuel Volpendesto
Dove v. United States, 423 U.S. 325, 325 (1976) (per curiam).
discussed
Cited as authority (rule)
People v. Valdez
In doing so, the Court stated: “To the extent that Durham v. United States may be inconsistent with this ruling, Durham is overruled.” Dove v. United States, 423 U.S. 325, 325 , 96 S.Ct. 579, 579 , 46 L.Ed.2d 531, 532 (1976).
cited
Cited as authority (rule)
United States v. Schumann ex rel. Estate of Schumann
Dove v. United States, 423 U.S. 325, 325 , 96 S.Ct. 579, 579 , 46 L.Ed.2d 531, 532 (1976), overruling Durham v. United States, 401 U.S. 481 , 91 S.Ct. 858 , 28 L.Ed.2d 200 (1971).
cited
Cited as authority (rule)
United States v. Nancy P. Schumann, as the Personal Representative of the Estate of Richard P. Schumann, Deceased, United States of America v. One Assortment of Eighty-Two (82) Firearms
Dove v. United States, 423 U.S. 325, 325 , 96 S.Ct. 579, 579 , 46 L.Ed.2d 531, 532 (1976), overruling Durham v. United States, 401 U.S. 481 , 91 S.Ct. 858 , 28 L.Ed.2d 200 (1971).
discussed
Cited as authority (rule)
Citizens for a Better Environment, Dennis L. Adamczyk v. Anne Gorsuch, Administrator, U.S. Environmental Protection Agency Appeal of American Iron and Steel Institute Natural Resources Defense Council, Inc. v. James I. Agee, in His Official Capacity as Assistant Administrator for Water and Hazardous Materials Environmental Protection Agency Appeal of American Iron and Steel Institute Natural Resources Defense Council, Inc., a Non-Profit New York Corporation v. Anne M. Gorsuch, as Administrator, Environmental Protection Agency Appeal of American Iron and Steel Institute Environmental Defense Fund, Inc., a Non-Profit New York Corporation v. Anne M. Gorsuch, as Administrator, Environmental Protection Agency Appeal of American Iron and Steel Institute Natural Resources Defense Council, Inc. A Non-Profit New York Corporation v. Anne M. Gorsuch, as Administrator, Environmental Protection Agency Appeal of American Iron and Steel Institute Natural Resources Defense Council, Inc. v. James I. Agee, in His Official Capacity as Assistant Administrator for Water and Hazardous Materials Environmental Protection Agency Appeal of American Iron and Steel Institute Environmental Defense Fund, Inc., a Non-Profit New York Corporation v. Anne M. Gorsuch, as Administrator, Environmental Protection Agency Appeal of American Iron and Steel Institute Citizens for a Better Environment v. Anne M. Gorsuch, Administrator, U.S. Environmental Protection Agency Appeal of American Iron and Steel Institute Natural Resources Defense Council, Inc. v. Anne M. Gorsuch, Administrator, Environmental Protection Agency Appeal of Alabama Power Company Natural Resources Defense Council, Inc. v. James I. Agee, in His Official Capacity as Assistant Administrator for Water and Hazardous Materials Environmental Protection Agency Appeal of Alabama Power Company Citizens for a Better Environment v. Anne M. Gorsuch, Administrator, Environmental Protection Agency Appeal of Alabama Power Company Environmental Defense Fund, Inc., a Non-Profit New York Corporation v. Anne M. Gorsuch, Administrator, Environmental Protection Agency Appeal of Alabama Power Company
The consent decree has no practical significance so long as the agency remains willing to follow voluntarily its provisions 5 System Federation No. 91 v. Wright, 364 U.S. 642, 652-53 , 81 S.Ct. 368, 373-374 , 5 L.Ed.2d 349 (1961) 6 Id 7 Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519 , 98 S.Ct. 1197 , 55 L.Ed.2d 460 (1978) 8 National Association of Postal Supervisors v. United States Postal Service, 602 F.2d 420 (D.C.Cir.1979) 9 Metropolitan Housing Development Corp. v. Village of Arlington Heights, 469 F.Supp. 836, 855 (N.D.Ill.1979), aff'd, 616 F.2d 1006 (7th Cir.1980) 10 Strycker's…
discussed
Cited as authority (rule)
Citizens for A Better Environment v. Gorsuch
Strycker's Bay Neighborhood Council, Inc. v. Karlen, 444 U.S. 223, 227-28 , 100 S.Ct. 497, 499-500 , 62 L.Ed.2d 433 (1980) (a reviewing court “cannot ‘interject itself within the area of discretion of the executive as to the choice of the action to be taken.’ ”); FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331-34 , 96 S.Ct. 579, 582-583, 584 , 46 L.Ed.2d 533 (1976) (setting aside court order requiring the FPC to conduct an investigation); FPC v. Idaho Power Co., 344 U.S. 17, 20 , 73 S.Ct. 85, 86 , 97 L.Ed. 15 (1952) (reversing court order which modified an FPC order gran…
discussed
Cited as authority (rule)
Howell v. United States
(2×)
In a brief per curiam opinion, the Supreme Court dismissed the petition and stated, “[t]o the extent that Durham, supra may be inconsistent with this ruling, Durham is overruled.” 423 U.S. at 325 , 96 S.Ct. at 579 (emphasis supplied).
examined
Cited as authority (rule)
United States v. Rick Pauline
(3×)
In 42 cryptic, enigmatic words, the Court in Dove v. United States, 423 U.S. at 325, 96 S.Ct. at 579, 46 L.Ed.2d 531, 532 (1976), overruled Durham : The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975.
discussed
Cited as authority (rule)
Transcontinental Gas Pipe Line Corporation v. Federal Power Commission, Piedmont Natural Gas Co., Inc., Intervenors. Piedmont Natural Gas Company, Inc. v. Federal Power Commission, General Motors Corp., Intervenors. Elizabethtown Gas Company v. Federal Power Commission, General Motors Corp., Intervenors. Consolidated Gas Supply Corporation v. Federal Power Commission, Transcontinental Gas Pipe Line, Intervenors. Atlanta Gas Light Company v. Federal Power Commission, American Textile Manufacturers Institute, Inc., Intervenors. Consolidated Edison Company of New York, Inc. v. Federal Power Commission, American Textile Manufacturers Institute, Inc., Intervenors. State of North Carolina and North Carolina Utilities Commission v. Federal Power Commission, Piedmont Natural Gas Company, Inc., Intervenors
In that respect I would apply the Supreme Court's finding that the majority "overstepped the bounds of its reviewing authority ... [by not confining its review] to 'consideration of the decision of the agency ... and of the evidence on which it was based.' U.S. v. Carlo Bianchi & Co., 373 U.S. 709, 714-715 , 83 S.Ct. 1409, 1413 , 10 L.Ed.2d 652 (1963)." FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331 , 96 S.Ct. at 582 (1976).
discussed
Cited as authority (rule)
Transcontinental Gas Pipe Line Corp. v. Federal Power Commission
In that respect I would apply the Supreme Court’s finding that the majority “overstepped the bounds of its reviewing authority . . [by not confining its review] to ‘consideration of the decision of the agency . . . and of the evidence on which it was based.’ U.S. v. Carlo Bianchi & Co., 373 U.S. 709, 714-715 , 83 S.Ct. 1409, 1413 , 10 L.Ed.2d 652 (1963).” FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331 , 96 S.Ct. at 582 (1976).
discussed
Cited "see"
Deshawn Thomas v. Charles Daniel, et al.
See Dove v. 17 United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from 18 appellate decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 19 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case 20 remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 21 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a writ 22 of habeas corpus should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 11…
discussed
Cited "see"
Ryan Warren-Hunt v. Ronald Oliver, et al.
See Dove v. 18 United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from 19 appellate decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 20 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case 21 remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 22 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a writ 23 of habeas corpus should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 11…
discussed
Cited "see"
Zakouto v. Baca
See Dove v. United 19 States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from appellate 20 decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 F.3d 1052 (9th 21 Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case remanded to 22 district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 23 2005) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas corpus 24 should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 11…
discussed
Cited "see"
Larry Darnell Billings v. Robert Burton
See Dove v. United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from appellate decision in criminal proceedings upon Case 2:22-cv-06423-MWF-DFM Document5 Filed 10/04/22 Page 2of2 Page ID #:67 petitioner’s death); Farmer v. McDaniel, 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas corpus should b…
discussed
Cited "see"
Brewer v. Johnson
See Dove v. 18 United States, 423 U.S. 325, 325 (1976) (per curiam) (dismissing petition for a writ of certiorari 19 from appellate decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 20 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and 21 case remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 22 F.3d 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a 23 writ of habeas corpus should be dismissed as moot.”); Griffey v. Lindsey, 349 F.…
discussed
Cited "see"
State v. Tsosie
See Dove v. United States, 423 U.S. 325 (1976) (dismissing the petition for certiorari review because the petitioner died). {21} The general rule is that “the prosecution abates from the inception of the case upon death of a criminal defendant.” State v. Salazar, 1997-NMSC-044, ¶ 20 , 123 N.M. 778 , 945 P.2d 996 .
discussed
Cited "see"
Thompson v. Baca
See Dove v. United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition 21 for a writ of certiorari from appellate decision in criminal proceedings upon petitioner’s 22 death); Farmer v. McDaniel, 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s 23 death, appeal dismissed as moot and case remanded to district court to dismiss habeas 24 petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (“Because 25 petitioner’s death renders this case moot, the petition for a writ of habeas corpus should 26 27 1The Court takes judicial notice of Petitioner’s curr…
discussed
Cited "see"
Lara v. Baker
See Dove v. United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition 21 for a writ of certiorari from appellate decision in criminal proceedings upon petitioner’s 22 death); Farmer v. McDaniel, 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s 23 death, appeal dismissed as moot and case remanded to district court to dismiss habeas 24 petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (“Because 25 petitioner’s death renders this case moot, the petition for a writ of habeas corpus should 26 27 1The Court takes judicial notice of Petitioner’s curr…
discussed
Cited "see"
State of Arizona v. Richard Allen Reed
(2×)
See Dove v. United States, 423 U.S. 325 (1976); Glassel, 233 Ariz. at 355 ¶ 11.
examined
Cited "see"
Virnetx Inc. v. Apple Inc.
(3×)
See Durham v. United States , 401 U.S. 481 , 483 n.*, 91 S.Ct. 858 , 28 L.Ed.2d 200 (1971), overruled on other grounds by Dove v. United States , 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976) (noting the distinction that "appeals are a matter of right while decisions on certiorari petitions are wholly discretionary," but explaining that "Congress, however, has given a right to petition for certiorari" (emphasis added)).
examined
Cited "see"
Michael George Bruno, Sr. v. Secretary, Florida Department of Corrections
(3×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976).
examined
Cited "see"
Bradford Burbine v. A. Scribner
(3×)
See Dove v. United States, 423 U.S. 325, 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976) (per curiam) (dismissing, without abatement, a certiora-ri petition from an appellate decision in the criminal proceedings after the defendant’s death and explicitly overruling Durham to the extent the cases conflict); Krantz v. United States, 224 F.3d 125, 126-27 (2d Cir.2000) (per curiam) (refusing to abate the criminal proceedings when the petitioner died after the filing of a notice of appeal from the denial of his § 2255 motion, but before a certificate of appealability was granted).
discussed
Cited "see"
National Wildlife Federation v. National Marine Fisheries Service
See FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 333 , 96 S.Ct. 579 , 46 L.Ed.2d 533 (1976) (finding that the court of appeals had “overstepped the bounds of its reviewing authority” by ordering a direct evidentiary report to the court).
discussed
Cited "see"
National Wildlife Federation v. National Marine Fisheries Service
See FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 333 , 96 S.Ct. 579 , 46 L.Ed.2d 533 (1976) (finding 4033 that the court of appeals had “overstepped the bounds of its reviewing authority” by ordering a direct evidentiary report to the court).
discussed
Cited "see"
National Wildlife Federation Idaho Wildlife Federation Washington Wildlife Federation Sierra Club Trout Unlimited Pacific Coast Federation of Fishermen's Associations Institute for Fisheries Resources Idaho Rivers United Idaho Steelhead and Salmon United Northwest Sportfishing Industry Association Salmon for All Columbia Riverkeeper Nw Energy Coalition Federation of Fly Fishers American Rivers, Inc. Eastern Oregon Irrigators Association v. National Marine Fisheries Service United States Army Corps of Engineers U.S. Bureau of Reclamation Donald L. Evans, in His Official Capacity as Secretary of Commerce Noaa Fisheries D. Robert Lohn, in His Official Capacity as Regional Direct of Noaa Fisheries, Northwest Irrigation Utilities Public Power Council Bpa Customer Group Franklin County Farm Bureau Federation Grant County Farm Board Federation Washington Farm Bureau Federation Clarkson Golf & Country Club State of Montana Kootenai Tribe of Idaho, Defendant-Intervenors, and State of Oregon, Plaintiff-Intervenor-Appellee, State of Idaho, Defendant-Intervenor-Appellant. National Wildlife Federation Idaho Wildlife Federation Washington Wildlife Federation Sierra Club Trout Unlimited Pacific Coast Federation of Fishermen's Associations Institute for Fisheries Resources Idaho Rivers United Idaho Steelhead and Salmon United Northwest Sportfishing Industry Association Salmon for All Columbia Riverkeeper Nw Energy Coalition Federation of Fly Fishers American Rivers, Inc. Eastern Oregon Irrigators Association v. National Marine Fisheries Service United States Army Corps of Engineers U.S. Bureau of Reclamation, State of Oregon, Plaintiff-Intervenor-Appellee, and Donald L. Evans, in His Official Capacity as Secretary of Commerce Noaa Fisheries D. Robert Lohn, in His Official Capacity as Regional Director of Noaa Fisheries, Northwest Irrigation Utilities Public Power Council Bpa Customer Group Franklin County Farm Bureau Federation Grant County Farm Board Federation Washington Farm Bureau Federation State of Idaho Clarkson Golf & Country Club State of Montana Kootenai Tribe of Idaho, Defendant-Intervenors
See FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 333 , 96 S.Ct. 579 , 46 L.Ed.2d 533 (1976) (finding 4033 that the court of appeals had "overstepped the bounds of its reviewing authority" by ordering a direct evidentiary report to the court).
examined
Cited "see"
Surland v. State
(6×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976), overruling, in that regard, Durham v. United States, 401 U.S. 481, 483 , 91 S.Ct. 858, 860 , 28 L.Ed.2d 200, 203 (1971); Jones v. State, 302 Md. 153, 158 , 486 A.2d 184, 187 (1985).
cited
Cited "see"
Tarbell v. Department of the Interior
See Federal Power Comm’n v. Transcontinental Gas Pipe Line Corp., 428 U.S. 326, 331 , 96 S.Ct. 579, 582 , 46 L.Ed.2d 533 (1976).
examined
Cited "see"
Ex Parte Estate of Cook
(3×)
See Dove v. United States , 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976).
cited
Cited "see"
United States v. ANDREW ANTHONY CHRISTOPHER
See Dove v. United States, 423 U.S. 325 (1976).
examined
Cited "see"
United States v. Christopher
(3×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976).
discussed
Cited "see"
Custer County Action Ass'n v. Garvey
See Federal Power Comm’n v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331 , 96 S.Ct. 579 , 46 L.Ed.2d 533 (1976); accord Airport Neighbors Alliance, Inc. v. United States, 90 F.3d 426 , 433 n. 7 (10th Cir.1996).
examined
Cited "see"
United States v. Ward
(4×)
See Dove v. United, States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976); Durham v. United States, 401 U.S. 481 , 91 S.Ct. 858 , 28 L.Ed.2d 200 (1971); Berry v. Judges of the United States Army Court of Military Review, 37 MJ 158 (CMA 1993); United States v. Kuskie, 11 MJ 253 (CMA 1981).
cited
Cited "see"
United States v. Young
See id. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
cited
Cited "see"
Commonwealth v. Browner
See Federal Power Comm’n v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331-34 , 96 S.Ct. 579, 582-84 , 46 L.Ed.2d 533 (1976) (per curiam); Virginia Agric.
cited
Cited "see"
Commonwealth of Virginia v. Browner
See Federal Power Comm'n v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331-34 , 96 S.Ct. 579, 582-84 , 46 L.Ed.2d 533 (1976) (per curiam); Virginia Agric.
discussed
Cited "see"
Mausolf v. Babbitt
(2×)
See Federal Power Comm’n v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331 , 96 S.Ct. 579, 582 , 46 L.Ed.2d 533 (1976).
examined
Cited "see"
State v. Dalman
(6×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1971) (dismissing petition for certiorari but leaving the judgment unabated); Keeny v. State, 575 S.W.2d 850 (Mo.Ct.App.1978) (abating appeal from order denying withdrawal of guilty plea but not abating conviction).
examined
Cited "see"
Berry v. Judges of the United States Army Court of Military Review
(3×)
See generally Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976).
examined
Cited "see"
David A. Clarke v. United States
(6×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976), overruling Durham v. United States, 401 U.S. 481 , 91 S.Ct. 858 , 28 L.Ed.2d 200 (1971); accord Warden v. Palermo, 431 U.S. 911 , 97 S.Ct. 2166 , 53 L.Ed.2d 221 (1977).
cited
Cited "see"
Consumers Union of U.S., Inc. v. Federal Reserve Board
See FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 331 , 96 S.Ct. 579, 582 , 46 L.Ed.2d 533 (1976).
examined
Cited "see"
Jackson v. State
(3×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976); United States v. Pauline, 625 F.2d 684 (5th Cir.1980).
cited
Cited "see"
Avesta AB v. United States
See id. at 544-45 , 98 S.Ct. at 1212 (quoting FPC v. Transcontinental Gas Pipe Une Corp., 423 U.S. 326, 333 , 96 S.Ct. 579, 583 , 46 L.Ed.2d 533 (1976)).
examined
Cited "see"
United States v. Schmalfeldt
(3×)
See Dove v. United States, 423 U.S. 325 , 96 S.Ct. 579 , 46 L.Ed.2d 531 (1976) (per curiam) (noting only the petition is dismissed) (other citations omitted).
Retrieving the full opinion text from the archive…
Dove
v.
United States
v.
United States
75-543.
Supreme Court of the United States.
Jan 19, 1976.
White.
Cited by 129 opinions | Published
Citer courts: Federal Circuit (2) · Indiana Court of Appeals (1)
Per Curiam.
The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U. S. 481 (1971), may be inconsistent with this ruling, Durham is overruled.
It is so ordered.
Mr. Justice White dissents.