Jarnvagsstyrelsen v. National City Bank of New York

1927-11-21
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Headline: Swedish State Railways denied U.S. Supreme Court review after filing an overly long petition and supporting brief; the Court refused to hear the dispute because the filings violated its concise-filing rule.

Holding:

Real World Impact:
  • Denies the petitioner Supreme Court review due to noncompliant, overly long filings.
  • Enforces Rule 35’s requirement that petitions and briefs be short and concise.
  • Prevents the case from being heard because of procedural filing errors.
Topics: filing rules, procedural dismissal, appellate review, foreign government litigant

Summary

Background

The Royal Administration of the Swedish State Railways (referred to in the opinion by its Swedish name) asked the Supreme Court to review a dispute involving The National City Bank of New York and Dexter & Carpenter, Inc. The petitioner filed two requests asking the Court to take up the matter and supported those requests with a long written brief. The filings were submitted through counsel identified in the opinion as Mr. Gustav Lange, Jr.

Reasoning

The Court’s decision turned on a filing rule called section 2 of Rule 35, which the opinion quotes as requiring a petition to contain only a short summary and a concise statement and for supporting briefs to be direct and concise. The opinion explains that the petitioner’s request did not meet that standard: the petition itself was thirty-four pages long and the supporting brief was one hundred ninety-six pages, including thirty-six pages of factual statement. Because the filings were far longer than permitted by Rule 35, the Court denied the two requests for review.

Real world impact

As a result, the Court refused to consider the underlying dispute at this time because of the procedural defect in how the case was presented. The practical outcome is that the Swedish State Railways did not obtain Supreme Court review based on these filings. The opinion thus enforces the Court’s requirement that parties keep petitions and briefs short and focused when asking the Court to take up a case.

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