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Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978)
Bankers Trust Co. v. Mallis No. 76-1359 Argued November 30, 1977 Decided March 28, 1978 435 U.S. 381
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
In dismissing respondents’ action against petitioner under § 10(b) of the Securities Exchange Act of 1934, the District Court failed to set forth the judgment in a separate document as required by Fed.Rule Civ.Proc. 58. Despite the absence of a separate judgment, but without objection by petitioner, the Court of Appeals assumed appellate jurisdiction under 28 U.S.C. § 1291, giving courts of appeals jurisdiction of appeals from all "final decisions" of the district courts, and reversed on the merits.
Held:
1. Under the circumstances, the parties should be deemed to have waived Rule 58’s separate judgment requirement, and hence the Court of Appeals properly assumed appellate jurisdiction under § 1291.
2. Where, however, the case’s posture changed between the time of the Court of Appeals’ decision and the presentation of the case to this Court, respondents’ counsel having urged here that the Court of Appeals’ judgment be affirmed on a theory different from that court’s reasoning in reversing the District Court, the writ of certiorari is dismissed as having been improvidently granted.
Certiorari dismissed. Reported below: 568 F.2d 824.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978) in 435 U.S. 381 435 U.S. 382. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=W3PBU7VFLFI1229.
MLA:
U.S. Supreme Court. "Syllabus." Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978), in 435 U.S. 381, page 435 U.S. 382. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=W3PBU7VFLFI1229.
Harvard:
U.S. Supreme Court, 'Syllabus' in Bankers Trust Co. v. Mallis, 435 U.S. 381 (1978). cited in 1978, 435 U.S. 381, pp.435 U.S. 382. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=W3PBU7VFLFI1229.
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