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to make. 3. By imposing the burden of going for- ward at the Hearing on the government and by accordin
S.Ct. 1, 6, 96 L. . 1 ( 51) (opinion of Jackson, J.); Fernandez United States, 81 S.Ct. 642, 5 L. .2d 683 (1961) (opinion of Circuit Justice Harlan) ("District courts have authority as an incid- ent*973 of their inherent powers ... to re- ID 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works.
. •526 Fitch & Grant, of New York City (Elihu Root and William D. Guthrie, both of New York City, of counsel), for appellee Jacob Ruppert. Before WARD, ROGERS, and HOUGH, Circuit Judges. WARD, Circuit Judge. These three cases involve the same question, and in each the appeal is from an order of
act was unconstitutional and void, as being in violation of the Constitution of the United States. The court, in an opinion written by Mr. Justice Harlan, referred approvingly to what was held in Re Sawyer, supra. And in referring to the fact that the toll-gatherers in the plaintiff's service had be
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