This is a list of cases reported in volume 276 of United States Reports, decided by the Supreme Court of the United States in 1928.

Justices of the Supreme Court at the time of volume 276 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 276 were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court William Howard Taft Chief Justice Connecticut Edward Douglass White (Acclamation) –February 3, 1930(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton (44–6) –January 31, 1941(Retired) Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar (47–22) –February 13, 1939(Retired) George Sutherland Associate Justice Utah John Hessin Clarke (Acclamation) –January 17, 1938(Retired) Pierce Butler Associate Justice Minnesota William R. Day (61–8) –November 16, 1939(Died) Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney (Acclamation) –March 8, 1930(Died) Harlan F. Stone Associate Justice New York Joseph McKenna (71–6) –July 2, 1941(Continued as chief justice)

Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in volume 276 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Delaware, Lackawanna and Western Railroad Company v. Rellstab1 (1928) Holmes none none 3d Cir. reversed In re Gilbert I6 (1928) Taft none none S.D.N.Y. continued Finance and Guaranty Company v. Oppenhimer10 (1928) Holmes none none 4th Cir. reversed Wuchter v. Pizzutti13 (1928) Taft none Brandeis; Stone N.J. reversed Linstead v. Chesapeake and Ohio Railway Company28 (1928) Taft none none 6th Cir. reversed Harkin v. Brundage36 (1928) Taft none none 7th Cir. reversed Marlin v. Lewallen58 (1928) VanDevanter none none Okla. reversed Longest v. Langford69 (1928) VanDevanter none none Okla. reversed Liberty Warehouse Company v. Burley Growers' Cooperative Marketing Association71 (1928) McReynolds none none Ky. affirmed Denny v. Pacific Telephone and Telegraph Company97 (1928) McReynolds none none W.D. Wash. affirmed Brimstone Railroad and Canal Company v. United States104 (1928) McReynolds none none W.D. La. reversed Gulf Fisheries Company v. MacInerney124 (1928) Brandeis none none S.D. Tex. affirmed Richardson Machinery Company v. Scott128 (1928) Brandeis none none Okla. dismissed Brown v. United States134 (1928) Sutherland none none 7th Cir. affirmed Kornhauser v. United States145 (1928) Sutherland none none Ct. Cl. reversed Bountiful Brick Company v. Giles154 (1928) Sutherland none none Utah affirmed United States v. Magnolia Petroleum Company160 (1928) Butler none none Ct. Cl. reversed Toledo, St. Louis and Western Railroad Company v. Allen165 (1928) Butler none none Mo. reversed Mississippi ex rel. Robertson v. Miller174 (1928) Butler none none Miss. reversed T. Smith and Son, Inc. v. Taylor179 (1928) Butler none none La. Cir. Ct. App. affirmed Delaware, Lackawanna and Western Railroad Company v. Morristown182 (1928) Butler Brandeis none 3d Cir. reversed United States Shipping Board Emergency Fleet Corporation v. Rosenberg Brothers and Company202 (1928) Sanford none none 9th Cir. reversed Liberty National Bank of Roanoke v. Bear215 (1928) Sanford none none 4th Cir. reversed Commercial Credit Company v. United States226 (1928) Sanford none none 9th Cir. reversed Hellmich v. Hellman233 (1928) Sanford none none 8th Cir. reversed Sioux County v. National Surety Company238 (1928) Stone none none 8th Cir. reversed Interstate Busses Corporation v. Blodgett245 (1928) Stone none none D. Conn. affirmed Western Union Telegraph Company v. Priester252 (1928) Stone none none Ala. reversed Saltonstall v. Saltonstall260 (1928) Stone none none Mass. affirmed Miller v. Schoene272 (1928) Stone none none Va. affirmed Levy v. Industrial Finance Corporation281 (1928) Holmes none none 4th Cir. affirmed McMaster v. Gould284 (1928) Sanford none none N.Y. Sup. Ct. dismissed Goodyear Tire and Rubber Company v. United States287 (1928) Sanford none Holmes Ct. Cl. affirmed In re Gilbert II294 (1928) Taft none none S.D.N.Y. suspended from bar Mitchell v. Hampel299 (1928) Holmes none none 5th Cir. reversed Kansas City Southern Railway Company v. Jones303 (1928) Holmes none none Tex. reversed Fairbanks, Morse and Company v. American Valve and Meter Company305 (1928) VanDevanter none none 7th Cir. reversed Swift and Company v. United States311 (1928) Brandeis none none D.C. Cir. multiple Nigro v. United States332 (1928) Taft none none 8th Cir. certification Corona Cord Tire Company v. Donovan Chemical Corporation358 (1928) Taft none none 3d Cir. reversed Krauss Brothers Lumber Company v. Mellon386 (1928) Taft none none 5th Cir. reversed J.W. Hampton, Jr. and Company v. United States394 (1928) Taft none none Ct. Cust. App. affirmed Casey v. United States413 (1928) Holmes none McReynolds; Brandeis; Butler; Sanford 9th Cir. affirmed Chesapeake and Ohio Railway Company v. Leitch429 (1928) Holmes none none W. Va. reversed Larkin v. Paugh431 (1928) VanDevanter none none Neb. affirmed Untermyer v. Anderson440 (1928) McReynolds none Holmes; Brandeis 2d Cir. reversed Wilson v. Pacific Mail Steamship Company454 (1928) McReynolds none none 9th Cir. multiple United States v. Manzi463 (1928) McReynolds none none 1st Cir. reversed Alaska Packers' Association v. Industrial Accident Commission of California467 (1928) McReynolds none none Cal. affirmed Lamborn v. National Bank of Commerce of Norfolk469 (1928) Brandeis none Stone 4th Cir. reversed Texas and New Orleans Railroad Company v. The Northside Belt Railway Company475 (1928) Brandeis none none 5th Cir. affirmed Midland Valley Railroad Company v. Barkley482 (1928) Brandeis none none Ark. reversed Humes v. United States487 (1928) Brandeis none none Ct. Cl. affirmed Grosfield v. United States494 (1928) Sutherland none none 6th Cir. affirmed Montana National Bank of Billings v. Yellowstone County499 (1928) Sutherland none none Mont. reversed Donnelley v. United States505 (1928) Butler none none 9th Cir. affirmed Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company518 (1928) Butler none Holmes 6th Cir. affirmed Moore v. City of Nampa536 (1928) Butler none none 9th Cir. affirmed Danciger and Emerich Oil Company v. Smith542 (1928) Sanford none none Tex. Civ. App. affirmed City of New Brunswick v. United States547 (1928) Sanford none none 3d Cir. reversed New Mexico v. Texas I557 (1928) Sanford none none original rehearing denied New Mexico v. Texas II558 (1928) Sanford none none original boundary set Work v. Braffet560 (1928) Stone none none D.C. Cir. reversed Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Risty567 (1928) Stone none none D.S.D. affirmed Shaw v. Gibson-Zahniser Oil Corporation575 (1928) Stone none none 8th Cir. certification Heiner v. Tindle582 (1928) Stone none none 3d Cir. reversed

Notes and references

External links Case reports in volume 276 from Library of Congress Case reports in volume 276 from Court Listener Case reports in volume 276 from the Caselaw Access Project of Harvard Law School Case reports in volume 276 from Google Scholar Case reports in volume 276 from Justia Case reports in volume 276 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society