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NYE v. UNITED STATES

No. 558.

313 U.S. 33 (1941)

61 S.Ct. 810

85 L.Ed. 1172

NYE ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 14, 1941.

Attorney(s) appearing for the Case

Mr. Lycurgus R. Varser, with whom Messrs. J. Bayard Clark and O.L. Henry were on the brief, for petitioners.

Mr. Herbert Wechsler, with whom Solicitor General Biddle, Assistant Attorney General Berge, and Mr. Louis B. Schwartz were on the brief, for the United States.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioners were adjudged guilty of contempt under § 268 of the Judicial Code (36 Stat. 1163, 28 U.S.C. § 385) for their efforts to obtain a dismissal of a suit brought by one Elmore in the federal District Court for the Middle District of North Carolina. Elmore, administrator of the estate of his son, brought that action, in forma pauperis, against one...

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