Fletcher v. Evening Star Newspaper Co.
Cases that cite this one
37 later published cases cite this decision. The 24 that cite it most often are listed here.
- Ragsdale v. McLaughlin (Tex. App. 1955)
- Jones v. Willoughby (Tex. App. 1951)
- Laverpool v. Taylor Bean & Whitaker Reo LLC (District Court, District of Columbia 2017)
- Washington v. United States (D.C. 2000)
- Washington v. United States (D.C. 2000)
- Ss v. Dm (D.C. 1991)
- S.S. v. D.M. (D.C. 1991)
- S.S. v. D.M. (D.C. 1991)
- United States v. Barker (D.C. Cir. 1975)
- Barrera v. ROSCOE, SNYDER AND PACIFIC RAILWAY CO. (District Court, N.D. Texas 1973)
- Benjamin Polycarpo Soley v. The Star & Herald Co. (5th Cir. 1968)
- Lula A. McGlasson v. The United States (Court of Claims 1968)
- Lark v. West (District Court, District of Columbia 1960)
- Hipp v. Hipp (District Court, District of Columbia 1960)
- Corporation v. Basiliko (D.C. Cir. 1958)
- Fletcher v. Pickwick, Inc. (D.C. 1958)
- T.V.T. Corp. v. Basiliko (D.C. Cir. 1958)
- Foltz v. News Syndicate Co. (District Court, S.D. New York 1953)
- Rolfe v. Swearingen (Tex. App. 1951)
- McKay v. Dunlap (Tex. App. 1951)
- Funk v. Commissioner of Internal Revenue (3d Cir. 1947)
- Rossmann v. United States State Department Passport Division (District Court, District of Columbia 2021)
- Mitchell v. Smith (District Court, District of Columbia 2018)
- Nnaka v. Federal Republic of Nigeria (District Court, District of Columbia 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Th*e controlling question raised on this appeal is whether a lower court, on a motion made for summary judgment, and in determining that there is no genuine issue as to any material fact, can take judicial notice of its own records in concluding the issue thus raised.
We take this to be too well settled to be seriously questioned. United States v. California Co-op. Canneries, 279 U.S. 553, 49 S.Ct. 423, 73 L.Ed. 838; McDonough v. Owl Drug Company, 9 Cir., 75 F.2d 45, certiorari denied, 295 U.S. 750, 55 S.Ct. 829, 79 L.Ed. 1694; United States v. North American Oil Consolidated, 9 Cir., 264 F. 336, affirming D.C. 1917, 242 F. 723, appeal dismissed 1922, 258 U.S. 633, 42 S.Ct. 315, 66 L.Ed. 802; Freshman v. Atkins, 269 U. S. 121, 46 S.Ct. 41, 70 L.Ed. 193; Booth v. Fletcher, 69 App.D.C. 351, 101 F.2d 676, certiorari denied 307 U.S. 628, 59 S.Ct. 835, 83 L.Ed. 1511; Suren v. Oceanic S. S. Co., 9 Cir., 85 F.2d 324, certiorari denied 300 U.S. 653, 57 S.Ct. 430, 81 L.Ed. 863.
Not only that, but it is settled law that the court may take judicial notice of other cases including the same subject matter or questions of a related nature between the same parties. United States v. North American Oil Consolidated, supra; Sunkist Drinks, Inc., v. Calif. Fruit Growers Exchange, D.C., 25 F.Supp. 400; Freshman v. Atkins, supra; Booth v. Fletcher, supra; *396 Kithcart v. Metropolitan Life Ins. Co., 8 Cir., 88 F.2d 407; National Fire Ins. Co. of Hartford v. Thompson, 281 U.S. 331, 50 S.Ct. 288, 74 L.Ed. 881.
Nor is there anything in the contention that a motion for summary judgment must be accompanied by supporting affidavits. (Federal Rules of Civil Procedure Rule 56, U.S.C.A. Tit. 28, following Section 723c.) The Rule does not make such mandatory. Reynolds v. Needle, — U.S.App.D.C. —, 132 F.2d 161, decided Dec. 14, 1942.
There being no reversible error, it follows, therefore, that the judgment of the lower court must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.