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List of United States Supreme Court cases, volume 276

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 276 of United States Reports, decided by the Supreme Court of the United States in 1928.

Justices of the Supreme Court at the time of volume 276 U.S.

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The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 276 were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
William Howard Taft Chief Justice Connecticut Edward Douglass White June 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)
Pierce Butler Associate Justice Minnesota William R. Day December 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney January 29, 1923
(Acclamation)
February 19, 1923

March 8, 1930
(Died)
Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)

Citation style

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Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 276 U.S.

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Delaware, Lackawanna and Western Railroad Company v. Rellstab 1 (1928) Holmes none none 3d Cir. reversed
In re Gilbert I 6 (1928) Taft none none S.D.N.Y. continued
Finance and Guaranty Company v. Oppenhimer 10 (1928) Holmes none none 4th Cir. reversed
Wuchter v. Pizzutti 13 (1928) Taft none Brandeis; Stone N.J. reversed
Linstead v. Chesapeake and Ohio Railway Company 28 (1928) Taft none none 6th Cir. reversed
Harkin v. Brundage 36 (1928) Taft none none 7th Cir. reversed
Marlin v. Lewallen 58 (1928) VanDevanter none none Okla. reversed
Longest v. Langford 69 (1928) VanDevanter none none Okla. reversed
Liberty Warehouse Company v. Burley Growers' Cooperative Marketing Association 71 (1928) McReynolds none none Ky. affirmed
Denny v. Pacific Telephone and Telegraph Company 97 (1928) McReynolds none none W.D. Wash. affirmed
Brimstone Railroad and Canal Company v. United States 104 (1928) McReynolds none none W.D. La. reversed
Gulf Fisheries Company v. MacInerney 124 (1928) Brandeis none none S.D. Tex. affirmed
Richardson Machinery Company v. Scott 128 (1928) Brandeis none none Okla. dismissed
Brown v. United States 134 (1928) Sutherland none none 7th Cir. affirmed
Kornhauser v. United States 145 (1928) Sutherland none none Ct. Cl. reversed
Bountiful Brick Company v. Giles 154 (1928) Sutherland none none Utah affirmed
United States v. Magnolia Petroleum Company 160 (1928) Butler none none Ct. Cl. reversed
Toledo, St. Louis and Western Railroad Company v. Allen 165 (1928) Butler none none Mo. reversed
Mississippi ex rel. Robertson v. Miller 174 (1928) Butler none none Miss. reversed
T. Smith and Son, Inc. v. Taylor 179 (1928) Butler none none La. Cir. Ct. App. affirmed
Delaware, Lackawanna and Western Railroad Company v. Morristown 182 (1928) Butler Brandeis none 3d Cir. reversed
United States Shipping Board Emergency Fleet Corporation v. Rosenberg Brothers and Company 202 (1928) Sanford none none 9th Cir. reversed
Liberty National Bank of Roanoke v. Bear 215 (1928) Sanford none none 4th Cir. reversed
Commercial Credit Company v. United States 226 (1928) Sanford none none 9th Cir. reversed
Hellmich v. Hellman 233 (1928) Sanford none none 8th Cir. reversed
Sioux County v. National Surety Company 238 (1928) Stone none none 8th Cir. reversed
Interstate Busses Corporation v. Blodgett 245 (1928) Stone none none D. Conn. affirmed
Western Union Telegraph Company v. Priester 252 (1928) Stone none none Ala. reversed
Saltonstall v. Saltonstall 260 (1928) Stone none none Mass. affirmed
Miller v. Schoene 272 (1928) Stone none none Va. affirmed
Levy v. Industrial Finance Corporation 281 (1928) Holmes none none 4th Cir. affirmed
McMaster v. Gould 284 (1928) Sanford none none N.Y. Sup. Ct. dismissed
Goodyear Tire and Rubber Company v. United States 287 (1928) Sanford none Holmes Ct. Cl. affirmed
In re Gilbert II 294 (1928) Taft none none S.D.N.Y. suspended from bar
Mitchell v. Hampel 299 (1928) Holmes none none 5th Cir. reversed
Kansas City Southern Railway Company v. Jones 303 (1928) Holmes none none Tex. reversed
Fairbanks, Morse and Company v. American Valve and Meter Company 305 (1928) VanDevanter none none 7th Cir. reversed
Swift and Company v. United States 311 (1928) Brandeis none none D.C. Cir. multiple
Nigro v. United States 332 (1928) Taft none none 8th Cir. certification
Corona Cord Tire Company v. Donovan Chemical Corporation 358 (1928) Taft none none 3d Cir. reversed
Krauss Brothers Lumber Company v. Mellon 386 (1928) Taft none none 5th Cir. reversed
J.W. Hampton, Jr. and Company v. United States 394 (1928) Taft none none Ct. Cust. App. affirmed
Casey v. United States 413 (1928) Holmes none McReynolds; Brandeis; Butler; Sanford 9th Cir. affirmed
Chesapeake and Ohio Railway Company v. Leitch 429 (1928) Holmes none none W. Va. reversed
Larkin v. Paugh 431 (1928) VanDevanter none none Neb. affirmed
Untermyer v. Anderson 440 (1928) McReynolds none Holmes; Brandeis 2d Cir. reversed
Wilson v. Pacific Mail Steamship Company Company 454 (1928) McReynolds none none 9th Cir. multiple
United States v. Manzi 463 (1928) McReynolds none none 1st Cir. reversed
Alaska Packers' Association v. Industrial Accident Commission of California 467 (1928) McReynolds none none Cal. affirmed
Lamborn v. National Bank of Commerce of Norfolk 469 (1928) Brandeis none Stone 4th Cir. reversed
Texas and New Orleans Railroad Company v. The Northside Belt Railway Company 475 (1928) Brandeis none none 5th Cir. affirmed
Midland Valley Railroad Company v. Barkley 482 (1928) Brandeis none none Ark. reversed
Humes v. United States 487 (1928) Brandeis none none Ct. Cl. affirmed
Grosfield v. United States 494 (1928) Sutherland none none 6th Cir. affirmed
Montana National Bank of Billings v. Yellowstone County 499 (1928) Sutherland none none Mont. reversed
Donnelley v. United States 505 (1928) Butler none none 9th Cir. affirmed
Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company 518 (1928) Butler none Holmes 6th Cir. affirmed
Moore v. City of Nampa 536 (1928) Butler none none 9th Cir. affirmed
Danciger and Emerich Oil Company v. Smith 542 (1928) Sanford none none Tex. Civ. App. affirmed
City of New Brunswick v. United States 547 (1928) Sanford none none 3d Cir. reversed
New Mexico v. Texas I 557 (1928) Sanford none none original rehearing denied
New Mexico v. Texas 558 (1928) Sanford none none original boundary set
Work v. Braffet 560 (1928) Stone none none D.C. Cir. reversed
Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Risty 567 (1928) Stone none none D.S.D. affirmed
Shaw v. Gibson-Zahniser Oil Corporation 575 (1928) Stone none none 8th Cir. certification
Heiner v. Tindle 582 (1928) Stone none none 3d Cir. reversed

Notes and references

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  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
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