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Notre Dame Law School

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1930

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Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara Jan 1930

Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara

Journal Articles

The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.