Universal Oil Prods. Co. v. Root Refining Co., 328 U.S. 575 (1946). · Go Syfert
Universal Oil Prods. Co. v. Root Refining Co., 328 U.S. 575 (1946). Cases Citing This Book View Copy Cite
277 citation events (105 in the last 25 years) across 92 distinct courts.
Strongest positive: Frazier v. Southeast Georgia Health System, Inc. (gasd, 2024-03-01)
Treatment trajectory · 1946 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Frazier v. Southeast Georgia Health System, Inc.
S.D. Ga. · 2024 · quote attribution · 1 verbatim quote · confidence high
the inherent power of a federal court to investigate whether a judgment was obtained by fraud, is beyond question.
examined Cited as authority (verbatim quote) Wong v. Luu (2×)
Mass. · 2015 · quote attribution · 2 verbatim quotes · confidence high
if a court finds 'that fraud has been practiced upon it, or that the very temple of justice has been defiled,' it may assess attorney's fees against the responsible party
examined Cited as authority (quoted) Affordable Country Homes, LLC v. Smith (2×)
Colo. Ct. App. · 2008 · quote attribution · 2 verbatim quotes · confidence low
the inherent power of a federal court to investigate whether a judgment was obtained by fraud is beyond question.
discussed Cited as authority (quoted) Devonish v. Garza
W.D. Tex. · 1981 · signal: see · quote attribution · 1 verbatim quote · confidence high
federal court can always call on law officers of the united states to serve as amici.
cited Cited as authority (rule) Robert Sofaly v. Portfolio Recovery Associates LLC
3rd Cir. · 2025 · confidence medium
Co., 328 U.S. 575, 580 (1946).
discussed Cited as authority (rule) Dobyns v. United States
Fed. Cl. · 2025 · confidence medium
The court may assess fees under subsection (b) if the court finds “that fraud has been practiced upon it, or that the very temple of justice has been defiled,” Univer- sal Oil Products Company v. Root Refining Company, 328 U.S. 575, 580 (1946), or if a party shows the government acted in bad faith by “delaying or disrupting the litigation or by hampering enforcement of a court order,” Hutto v. Finney, 437 U.S. 678 , 689 n.14 (1978).
cited Cited as authority (rule) Iconoclast Advisors, LLC v. GoBig Solar, LLC
S.D.N.Y. · 2025 · confidence medium
Co., 328 U.S. 575, 580 (1946)).
cited Cited as authority (rule) Ghera v. Wells Fargo Bank, N.A.
W.D.N.C. · 2024 · confidence medium
Co., 328 U.S. 575, 580 (1946)).
discussed Cited as authority (rule) Bloomfield Investment Resources Corp v. Daniloff
S.D.N.Y. · 2024 · confidence medium
Attorneys’ fees may therefore be awarded “if a court finds ‘that fraud has been practiced upon it, or that the very temple of justice has been defiled.’” Id. (quoting Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 (1946)).
cited Cited as authority (rule) Mountain East Conference v. Franklin University
N.D.W. Va. · 2024 · confidence medium
Co., 328 U.S. 575, 580 (1946)).
cited Cited as authority (rule) Trex Properties LLC v. 25th Street Holding Company Inc.
W.D.N.C. · 2022 · confidence medium
Id., citing Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 (1946).
examined Cited as authority (rule) In re: Alexander Sittenfeld (3×)
6th Cir. · 2022 · confidence medium
Co., 328 U.S. 575, 580 (1946).
discussed Cited as authority (rule) URS Holdings. v. John Ripley
C.D. Cal. · 2022 · confidence medium
Co., 328 U.S. 575, 580 (1946) (“No 27 doubt, if the court finds . . . that fraud has been 28 practiced upon it, or that the very temple of justice 44 Case 2:17-cv-05398-RSWL-AGR Document 417 Filed 02/25/22 Page 45 of 48 Page ID #:10339 1 has been defiled, the entire cost of the proceedings 2 could justly be assessed against the guilty parties. 3 Such is precisely a situation where ‘for dominating 4 reasons of justice’ a court may assess counsel fees as 5 part of the taxable costs.” (citation omitted)).
cited Cited as authority (rule) Rusk v. New York State Thruway Authority
W.D.N.Y. · 2021 · confidence medium
Co. v. Root Refining Co., 328 U.S. 575, 580 (1946), and the “integrity of the judicial process” undermined.
cited Cited as authority (rule) Mar-Bow Value Partners, LLC v. McKinsey Recovery & Transformation Services U.S., LLC
E.D. Va. · 2020 · confidence medium
Co. v. Root Refining Co., 328 U.S. 575, 580-81 (1946); Hazel-Atias Glass Co. v. Hartford-Empire Co., 332 U.S. 238, 246 (1944).
cited Cited as authority (rule) Miller v. Southwest Credit Systems, L.P.
D. Maryland · 2019 · confidence medium
Root Refining Co., 328 U.S. 575, 580 (1946).
cited Cited as authority (rule) Leroy Haeger v. the Goodyear Tire & Rubber Co
9th Cir. · 2016 · confidence medium
Co. v. Root Refining Co., 328 U.S. 575, 580 (1946) (citing Hazel-Atlas Glass Co. v. Hartford Empire Co., 332 U.S. 238 (1944)).
cited Cited as authority (rule) Leroy Haeger v. the Goodyear Tire & Rubber Co
9th Cir. · 2015 · confidence medium
Co. v. Root Refining Co., 328 U.S. 575, 580 (1946) (citing Hazel-Atlas Glass Co. v. Hartford Empire Co., 332 U.S. 238 (1944)).
cited Cited as authority (rule) Cassell v. Portelance
Wash. Ct. App. · 2012 · confidence medium
“Amici selected by the court to vindicate its honor ordinarily ought not be in the service of those having private interests in the outcome.” Universal Oil, 328 U.S. at 581.
cited Cited as authority (rule) NC-DSH, INC. v. Garner
Nev. · 2009 · confidence medium
Co., 328 U.S. 575, 580 (1946). “[A] case of fraud upon the court [calls] into question the very legitimacy of the judgment.” Calderon v. Thompson, 523 U.S. 538, 557 (1998).
cited Cited as authority (rule) Britt v. Rosenberg
Mass. App. Ct. · 1996 · confidence medium
Co., 328 U.S. 575, 580 (1946) (Frankfurter, J.), does a disservice to the bench, the bar, and the public.” Hodge v. Klug, 33 Mass. App. Ct. 746, 759-760 (1992) (Brown, J., concurring).
cited Cited as authority (rule) Hodge v. Klug
Mass. App. Ct. · 1992 · confidence medium
Co., 328 U.S. 575, 580 (1946) (Frankfurter, J.), does a disservice to the bench, the bar, and the public.
discussed Cited as authority (rule) Chambers v. Nasco, Inc. (2×)
SCOTUS · 1991 · confidence medium
See Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238 (1944); Universal Oil Products Co. v. Root Refining Co., 328 U. S. 575, 580 (1946).
cited Cited as authority (rule) MacDonald v. MacDonald
Mass. · 1990 · confidence medium
Co., 328 U.S. 575, 580 (1946).
cited Cited as authority (rule) Magoon v. Magoon
Haw. · 1989 · confidence medium
Co. v. Root Refining Co., 328 U.S. 575, 580 (1946) (citing Hazel-Atlas Co. v. Hartford-Empire Co., 322 U.S. 238 (1944)).
discussed Cited as authority (rule) Parker v. Shonfeld
N.D. Cal. · 1976 · signal: cf. · confidence medium
Rich Co., 417 U.S., at 129 [94 S.Ct., at 2165] (citing Vaughan v. Atkinson, 369 U.S. 527 [ 82 S.Ct. 997 , 8 *883 L.Ed.2d 88] (1962)); cf. Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 [ 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 ] (1946).
discussed Cited as authority (rule) Miller v. Carson
M.D. Fla. · 1975 · signal: cf. · confidence medium
Rich Co., supra, 417 U.S. [116], at 129 [ 94 S.Ct. 2157, at 2165 , 40 L.Ed.2d 703 ] (citing Vaughan v. Atkinson, 369 U.S. 527 [ 82 S.Ct. 997 , 8 L.Ed.2d 88 ] (1962); cf. Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 [ 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 ] (1946)).
examined Cited as authority (rule) Alyeska Pipeline Service Co. v. Wilderness Society (4×)
SCOTUS · 1975 · signal: cf. · confidence medium
Rich Co., 417 U. S., at 129 (citing Vaughan v. Atkinson, 369 U. S. 527 (1962); cf. Universal Oil Products Co. v. Root Refining Co., 328 U. S. 575, 580 (1946).
discussed Cited as authority (rule) A. B. Dick Co. v. Marr
2d Cir. · 1952 · confidence medium
The answer to this suggestion is that we think it clear from the language in Universal Oil Co. v. Root Refining Co., 1946, 328 U.S. 575, 580, 581 , 66 S.Ct. 1176 , 90 L.Ed. 1447 , that in private litigation such as this it is primarily the function of the law officers of the United States serving as amici, as the Attorney General and the Solicitor General did in this case, to protect the public interest by rendering impartial assistance to the courts in uncovering and punishing frauds upon the courts, and that it is the function of a party in cases like this to raise and prosecute such *503 ac…
discussed Cited "see" In Re: Guardianship Of Benveniste
Nev. · 2021 · signal: see · confidence high
See NC-DSH, Inc. v. Garner, 125 Nev. 647, 653 , 218 P.3d 853, 858 (2009) (allowing relief from a final judgment "when the court finds after a proper hearing that fraud has been practiced upon it (quoting Universal Oil Co. v. Root Refining Co., 328 U.S. 575, 580 (1946) (internal quotation marks ornitted))); see also NRCP 60(b)(3) (permitting relief from a judgment for "fraud . . . , misrepresentation or other misconduct of an adverse party").
discussed Cited "see" Bezanson v. Gaudette (In Re R & R Associates of Hampton)
Bankr. D.N.H. · 2000 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946)(the entire cost of proceedings may be assessed against a party where it is found to have committed fraud on the court); Tri-Cran, Inc. v. Fallon (In re Tri-Cran, Inc.), 98 B.R. 609, 624 (1st Cir.l989)(ordering that sale be vacated and awarding attorney’s fees, costs and expenses to the Trustee). 4 Therefore, based *7 on the complaint, the Court may set aside the order approving the Law Firm Defendants as counsel for the Debtor, order a disgorgement of the fees awarded to the Law Firm…
discussed Cited "see" In Re Fraser
E.D. Tex. · 1999 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 579 , 66 S.Ct. 1176 , 1179 (1946), reh’g denied, 329 U.S. 823 , 67 S.Ct. 24 , 91 L.Ed. 700 (1946) (“the inherent power of a federal court to investigate whether a judgment was obtained by fraud, is beyond question”), See also Kokkonen, 511 U.S. at 380 , 114 S.Ct. at 1677 (the court has inherent authority to investigate and prosecute violations of a court’s order).
discussed Cited "see" In Re Purpura
Bankr. E.D.N.Y. · 1994 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1779, 90 L.Ed. 1447 (1946), reh’g denied, 329 U.S. 823 , 67 S.Ct. 24 , 91 L.Ed. 700 (1946); Alberta Gas Chems., Ltd. v. Celanese Corp., 650 F.2d 9, 12-13 (2d Cir.1981); In re Holden, et al., 271 N.Y. 212, 218 , 2 N.E.2d 631 (1936).
cited Cited "see" Yagman v. Republic Insurance
C.D. Cal. · 1991 · signal: see · confidence high
See, Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946).
discussed Cited "see" In Re Houck
7th Cir. · 1989 · signal: see · confidence high
See Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514, 525 (3d Cir.1948) (quoting Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed.1447 (1946)) (intervention to set aside judgment for fraud warranted as to those affected by outcome), cert. denied sub nom.
discussed Cited "see" Houck ex rel. United States v. Folding Carton Administration Committee
7th Cir. · 1989 · signal: see · confidence high
See Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514, 525 (3d Cir.1948) (quoting Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946)) (intervention to set aside judgment for fraud warranted as to those affected by outcome), cert. denied sub nom.
cited Cited "see" Alicia Morales v. James Turman v. American Orthopsychiatric Association, Amici Curiae-Appellees
5th Cir. · 1987 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 581 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946).
discussed Cited "see" Synanon Foundation, Inc. v. Bernstein
D.C. · 1986 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946); Toledo Scale Co. v. Computing Scale Co., 261 U.S. 399, 426-28 , 43 S.Ct. 458, 465-66 , 67 L.Ed. 719 (1923).
cited Cited "see" Trehan v. Von Tarkanyi
S.D.N.Y. · 1986 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946).
discussed Cited "see" Leber-Krebs, Inc. v. Capitol Records
2d Cir. · 1985 · signal: see · confidence high
See Universal Oil Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946); Alberta Gas Chemicals, Ltd. v. Celanese Corp., 650 F.2d 9, 12-13 (2d Cir.1981); see also 7 Moore’s Federal Practice ¶¶ 60.16[5], 60.33 (1979).
discussed Cited "see" Leigh v. Engle
N.D. Ill. · 1982 · signal: see · confidence high
The amicus is treated as a potential litigant in future cases, as an ally of one of the parties, or as the representative of an interest not otherwise represented.” Krislov, supra at 704; see Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946).
cited Cited "see" USM Corp. v. SPS Technologies, Inc.
N.D. Ill. · 1981 · signal: see · confidence high
See Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946).
discussed Cited "see" Brisacher v. Tracy-Collins Trust Company
10th Cir. · 1960 · signal: see · confidence high
See summary of principles in Walsh v. National Savings & Trust Co., 101 U.S.App.D.C. 195 , 247 F.2d 781, 782 . 23 The allowance of counsel fees for an opposing party has been committed to the discretion of the trial court in certain equity actions, but that discretion must be exercised in accordance with the admonition of Sprague v. Ticonic Bank, 307 U.S. 161 , 59 S.Ct. 777, 780 , 83 L.Ed. 1184 , '* * * such allowances are appropriate only in exceptional cases and for dominating reasons of justice.' Classically, such extraordinary cases are class or representative suits as in Sprague v. Ticoni…
discussed Cited "see, e.g." Ray v. Schile
D. Idaho · 2025 · signal: see also · confidence low
See Eliopulos v. Idaho State Bank, 922 P.2d 401 (Idaho Ct. App. 1996) (state court judge concluded fraud claims had to be brought before the individual court upon which the fraud was allegedly practiced); see also Universal Oil Co. v. Root Refining Co., 328 U.S. 575 , 580–81 (1946); Weisman v. Charles E.
discussed Cited "see, e.g." Settlement Funding, LLC v. Brenston
Ill. App. Ct. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 (1946) (citing Hazel-Atlas Glass Co. v. Hartford- Empire Co., 322 U.S. 238 (1944) (a rule of equity, firmly established in English practice, effectively states that under certain circumstances, including an after-discovered fraud, relief will be granted against judgments which are deemed sufficiently gross or manifestly unconscionable to demand a departure from rigid adherence to a term rule), rev’d on other grounds, Standard Oil Co. v. United States, 429 U.S. 17 (1976)); E.L., 315 Ill.
cited Cited "see, e.g." Eastern Financing Corp. v. JSC Alchevsk Iron & Steel Works
S.D.N.Y. · 2008 · signal: see also · confidence low
See also Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946).
discussed Cited "see, e.g." Schmude v. Sheahan
N.D. Ill. · 2004 · signal: see also · confidence low
However, even if the court were to have conducted an investigation beyond simply taking of judicial notice of the In re Special State’s Attorneys proceeding, there would be nothing inappropriate with doing so, and subsequently issuing the Rule to Show Cause. “[T]he court’s inherent authority includes the ‘power to conduct independent investigations in order to determine whether the court has been the victim of fraud or deceit.’ ” United States v. Johnson, 327 F.3d 554, 561 (7th Cir.2003) (quoting Winkler v. Eli Lilly & Co., 101 F.3d 1196 , 1200 n. 2 (7th Cir.1996)); see also Univer…
discussed Cited "see, e.g." Cobell v. Norton
D.D.C. · 2002 · signal: see, e.g. · confidence low
See, e.g., Universal Oil Products v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946) (noting that the "inherent power of a federal court to investigate whether a judgment was obtained by fraud, is beyond question."); Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1119 (1st Cir.1989) (recognizing that "[t]here is an irrefragable linkage between courts' inherent powers and the rarely-encountered problem of fraud on the court.").
discussed Cited "see, e.g." Landano v. Rafferty
D.N.J. · 1989 · signal: see, e.g. · confidence low
See, e.g., Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946); Hazel-Atlas Glass Co. v. Hartford Empire Co., 322 U.S. 238, 250-51 , 64 S.Ct. 997, 1003 , 88 L.Ed. 1250 (1944); Virgin Islands Housing Authority v. David, 823 F.2d 764, 766 (3d Cir.1987).
discussed Cited "see, e.g." Andersen v. Roszkowski (2×)
N.D. Ill. · 1988 · signal: see, e.g. · confidence low
See, e.g., Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580 , 66 S.Ct. 1176 , 1179, 90 L.Ed. 1447 (1946), on remand Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514 (3rd Cir.1948), cert. denied sub nom, Universal Oil Products Co. v. William Whitman Co., 335 U.S. 912 , 69 S.Ct. 481 , 93 L.Ed. 444 (1949).
Universal Oil Products Co.
v.
Root Refining Co. (Two Cases)
48 and 64.
Supreme Court of the United States.
Oct 14, 1946.
328 U.S. 575
Ralph S. Harris argued the cause for petitioner. With him on the brief were Robert T. McCracken, John R. McCullough and Frederick W. P. Lorenzen., By special leave of Court, Thorley von Holst argued the cause pro se and for the Skelly Oil Company et al., as amici curiae, urging affirmance. With him on the brief were /. Bernhard Thiess, Sidney Neuman and Robert W. Poore.
Frankfurter, Black, Murphy, Jackson.
Cited by 186 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Colorado Court of Appeals (2) · W.D. Texas (1)
Mr. Justice Frankfurter

delivered the opinion of the Court.

Petitioner, Universal Oil Products Company, is a patent-holding and licensing company. In 1929 and 1931, it brought suits for infringement against the WinklerKoch Engineering Co. and the Root Refining Company, respectively. The suits were consolidated, the validity of the patents sustained, and decrees for their infringement entered. 6 F. Supp. 763. The Circuit Court of Appeals for the Third Circuit, in an opinion by Judge J. Warren Davis, affirmed the decrees, 78 F. 2d 991, and this Court, in October, 1935, denied certiorari. Root Refining Co. v. Universal Oil Products Co., 296 U. S. 626. Both before and after the decision in the Root case, Universal started similar infringement suits against other oil companies. Universal invoked the Root decisions as res judicata against some of these companies. It maintained that, although these companies had not been parties of record in the Root suit, they were members of a “patent club,” to which Root belonged and which had been formed[*577] to pool money for the defense of any member of the “club” in an infringement suit against it, and that the Root case had been defended by the attorneys for the “patent club.” Universal contended that these circumstances made the other oil companies substantial parties to the Root litigation and as such bound by its outcome.

On June 2, 1941, during the pendency of these latter cases, attorneys who had represented Root and were representing the other oil companies advised the attorneys of the petitioner that on June 5, 1941, they would bring to the attention of the judges of the Third Circuit Court of Appeals the circumstances surrounding the appeal in the Root case, and, more particularly, the relations of one Morgan S. Kaufman to the outcome of that appeal, and invited petitioner’s attorneys to attend. At the hearing on June 5, the moving attorneys suggested, in substance, that testimony taken at the trial of Judge Davis pointed to bribery of Judge Davis by Kaufman to secure a decision favorable to Universal in the Root appeal. They urged an investigation of the questionable features surrounding affirmance of the Root decree, but expressed doubt as to the capacity in which they could formally make such a request of the Court. Their difficulty was due to the fact that after this Court had denied certiorari in the Root case, Root had settled its controversy with Universal and was unwilling to disturb the agreement by an attempt to reopen the law suit. The other oil companies who were in litigation with Root insisted that they were neither formal nor substantial parties to the Root case. And so their attorneys, who were the attorneys in the Root litigation and the moving attorneys in the present proceedings, could not move on their behalf to have the Root decree vacated. But these other oil companies had an interest in the Root decree since it might be used in pending cases to their disadvantage. Universal offered[*578] to consent to a reargument of the Root case and to preserve to the Root Company the benefits of the existing agreement, even if Universal should prevail upon reargument. Throughout these proceedings Universal stood ready to carry out this offer, but nothing ever came of it, presumably because Root was not represented at these hearings and the other oil companies were not parties of record in the original litigation.

The dilemma of the attorneys who initiated these proceedings to set aside a fraudulent judgment but could not speak for any client prepared to come before the court as a party in interest, was resolved by a suggestion from the presiding judge of the Circuit Court of Appeals. The suggestion was that the court would accept the services of these attorneys as amici curiae. Accordingly, they offered themselves in that role. Upon their acceptance as such by the court, they asked for the appointment of a master to investigate the Root appeal. While they thus proceeded as amici they stated quite candidly that they were also concerned with the interests of their clients, the oil companies in pending litigation. As a matter of law, however, their status was only that of amici, for their clients did not subject themselves to the court’s jurisdiction. The relation of these lawyers to the court, after it recognized them as amici, remained throughout only that of amici.

A master was appointed and he conducted an extensive investigation. He examined records in the possession of the United States Attorney for the Southern District of New York, the records of proceedings before a Philadelphia grand jury, bank records, and various statements of interested parties. From this mass of material, he selected those documents which he deemed appropriate for submission to the inspection of the amici and of counsel for Universal. Witnesses were also heard and petitioner[*579] was given the right to cross-examine. But the investigation was not governed by the customary rules of trial procedure. Petitioner’s counsel duly excepted to the manner in which the investigation was being conducted, “if it were to involve any property rights of our clients, including the validity of any judgment . . .” The master evidently did not view the proceedings in the light of an adversary litigation. He ruled “that the investigation — for that is all it is — should [not] be conducted strictly according to the rules of evidence in litigation.” At the conclusion of this investigation, the master rendered a report in which he concluded “that there was in connection with this case such fraud as tainted and invalidated the judgments” in the Root appeal.

On the basis of this conclusion, the Court of Appeals on June 15, 1944, entered an order directing that the judgments be vacated and the cause be reargued. The relief thus granted was that to which petitioner had consented before the investigation got under way. On July 24, 1944, the amici applied to the court below for an order directing that the expenses and compensation of the master be taxed against Universal. In view of the fact that Universal appeared and participated in the investigation before the master, with acquiescing knowledge that the master’s fees and expenses would be assessed by the court, we do not disturb the taxation of the master’s fees and expenses. The amici also asked the Court to assess against Universal their expenses and reasonable attorneys’ fees. The court awarded $54,606.57 in expenses, part of which was for the amount they had advanced in payment to the master, and $100,000 as compensation for their services. These amounts had in fact already been paid to the attorneys by their oil company clients. The awards thus constituted an order for reimbursement of the clients by Universal. The case was heard by the court en banc, [*580] and two of the judges thought that the amici were only-entitled to a compensation of $25,000. 147 F. 2d 259. Questions of importance in judicial administration were obviously involved by the disposition below, and so we brought the case here. 324 U. S. 839.

The inherent power of a federal court to investigate whether a judgment was obtained by fraud, is beyond question. Hazel-Atlas Co. v. Hartford-Empire Co., 322 U. S. 238. The power to unearth such a fraud is the power to unearth it effectively. Accordingly, a federal court may bring before it by appropriate means all those who may be affected by the outcome of its investigation. But if the rights of parties are to be adjudicated in such an investigation, the usual safeguards of adversary proceedings must be observed. No doubt, if the court finds after a proper hearing that fraud has been practiced upon it, or that the very temple of justice has been defiled, the entire cost of the proceedings could justly be assessed against the guilty parties. Such is precisely a situation where “for dominating reasons of justice” a court may assess counsel fees as part of the taxable costs. Sprague v. Ticonic National Bank, 307 U. S. 161, 167. But, obviously, a court cannot deprive a successful party of his judgment without a proper hearing. This question is not before us, except as it bears on the order allowing attorneys' fees and costs. But if the judgment could not be nullified without adequate opportunity to be heard in a proper contest, neither is it just to assess the fees of attorneys and their expenses in conducting an investigation where petitioner throughout objected to the character of the investigation if it was to be used as a basis for adjudicating rights.

The case may readily be disposed of on a narrower ground. No doubt, a court that undertakes an investi[*581] gation of fraud upon it may avail itself, as did the court below, of amici to represent the public interest in the administration of justice. But compensation is not the normal reward of those who offer such services. After all, a federal court can always call on law officers of the United States to serve as amici. Here the amici also represented substantial private interests. Their clients were interested in vacating the Root judgment though they would not subject themselves to the court’s jurisdiction and the hazards of an adverse determination. While the amici formally served the court, they were in fact in the pay of private clients. Amici selected by the court to vindicate its honor ordinarily ought not be in the service of those having private interests in the outcome. Certainly it is not consonant with that regard for fastidiousness which should govern a court of equity, to award fees and costs of amici curiae who have already been compensated by private clients so that these be reimbursed for what they voluntarily paid.

In No. 48, the judgment is reversed and remanded to the Circuit Court of Appeals for the entry of a judgment in conformity with this opinion.

In No. 64, the writ of certiorari invoked under § 262 of the Judicial Code, 28 U. S. C. § 377, is dismissed.

Mr. Justice Black concurs in the narrower ground of the opinion. Mr. Justice Murphy and Mr. Justice Jackson took no part in the consideration or decision of this case.