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Roberts v. Ross

United States Court of Appeals for the Third Circuit
344 F.2d 747 (3d Cir. 1965)


Facts

Herbert Roberts (plaintiff) brought suit against Norman Ross (defendant) to recover money Roberts alleged that Ross owed him for work done as Ross’s realtor. The District Court of the Virgin Islands found in favor of Ross and, rather than drafting an opinion, ordered Ross’s counsel to file proposed findings of fact, conclusions of law, and draft of judgment. The judge then signed, without altering, the draft of judgment, adopting it as his opinion. Roberts appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Maris, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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