William Francis Smith

How Judge Smith rules, drawn from 23 signed orders. Every observation links to the order it came from.

Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Third Circuit
Position
Circuit judge
Status
Deceased
Served
1961–1968
Appointed by
John F. Kennedy (Democratic)
Commissioned
August 30, 1961
Education
Columbia University, Ph.G., 1922; New Jersey Law School, LL.B., 1929
Signed orders read
23

About Judge Smith

William Francis Smith was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President John F. Kennedy, Judge Smith received a commission on August 30, 1961. Judge Smith previously served on the United States District Court for the District of New Jersey, commissioned there on February 15, 1941. Judge Smith served until death on February 26, 1968.

How Judge Smith decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Treats review as complete once the tax court's conclusion has a rational evidentiary basis.

“The ‘judicial function is exhausted when there is found to be a rational basis for the conclusions’ reached by the Tax Court.”

In Foxman v. Commissioner, he affirmed the Tax Court's finding that partners sold a departing partner's interest rather than liquidated it, rejecting their later attempt to avoid the tax consequences of that sale.

“The partners having employed the sale method to achieve their objective, Foxman and Grenell cannot avoid the tax consequences by a hindsight application of principles they now find advantageous to them and disadvantageous to Jacobowitz.”

Procedural preferences

Refuses to substitute judicial judgment for a jury's resolution of disputed facts.

“Neither the trial court nor this Court may substitute its judgment for that of the jury on disputed issues of fact.”

Requires positive assurance that an arbitration clause cannot cover the dispute before denying arbitration.

“An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.”

Cautions

In United States v. Lamacchio and Tuccillo, he upheld warrantless bank-robbery arrests because witness descriptions together with information from agents' earlier investigations supplied probable cause.

“the combination of facts and circumstances existing in this case was sufficient to warrant a reasonable belief that the appellants perpetrated the crime in question.”

In Soles v. Franzblau, Smith found the trial court’s ultimate factual findings clearly erroneous, reversed its judgment, and remanded for entry of judgment for the wrongful-death plaintiffs and a damages determination.

“the ultimate findings of fact were clearly erroneous.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Kruger v. Purcell
· 1962-03-26
Appeal (real-property-appellants) Granted

“Therefore, the judgments will be reversed and the actions are remanded with directions that a new trial be had.”

International Union of Electrical, Radio & Machine Workers, Local 613 v. National Labor Relations Board
· 1962-05-15
Petition for review (petitioner (Erie Resistor Corp.)) Granted

“We reject as unsupportable the rationale of the Board that a preferential seniority policy is illegal however motivated.”

Petition for review (petitioner (Local 613, I.U.E., AFL-CIO)) Moot / procedural

“The additional question raised in the petition for review filed by the Union is rendered moot by our decision; we therefore see no reason to discuss it.”

Application for enforcement (cross-petitioner (National Labor Relations Board)) Denied

“The cross-petition for enforcement will be denied.”

Marino v. Nevitt
· 1963-01-02
Appeal (plaintiff-appellant) Moot / procedural

“This appeal will be dismissed and the action will be remanded to the District Court with directions to vacate the said order.”

Funkhouser v. City of Newark
· 1963-01-18
Appeal (property-claimant-appellant) Moot / procedural

“The appeal will be dismissed and the action will be remanded to the District Court.”

Sunderland v. Pittsburgh & Lake Erie Railroad Co.
· 1963-07-17
Appeal (estate-administrator-appellant) Granted

“The judgment of the court below will be reversed and the action will be remanded with directions that a new trial be ordered.”

United States ex rel. Rinaldi v. State of New Jersey
· 1963-08-26
Appeal (habeas-petitioner-appellant) Denied

“The District Court’s denial of the petition for writ of habeas corpus will be: affirmed.”

Cleveland v. Commissioner of Internal Revenue
· 1964-08-10
Petition for review (taxpayers-petitioners) Denied

“The decision of the Tax Court will be affirmed.”

International Union of Electrical, Radio & Machine Workers v. National Labor Relations Board
· 1964-03-09
Petition for review (employer-and-union-petitioners) Denied

“The prayers of the petition for review will be denied and the prayers of the petition for enforcement will be granted.”

Rinard v. Y B H Sales & Service Co.
· 1964-03-16
Appeal (personal-injury-defendant-appellant) Denied

“The judgment of the court below will be affirmed.”

Killgore v. Blackwell
· 1964-07-07
Appeal (federal-prisoner-appellant) Granted

“This action will be remanded to the district court with directions to vacate the sentence imposed on October 19, 1962, and to reinstate the original sentence imposed on February 16, 1959.”

Shell Oil Co. v. Federal Power Commission
· 1964-07-30
Petition for review (natural-gas-producers-petitioners) Denied

“The order of the Commission will be affirmed.”

United States v. Sams
· 1965-01-13
Appeal (criminal-defendants-appellants) Granted in part

“The judgments of conviction, except that relating to Sams on the second count of the indictment, will be affirmed. The conviction of Sams on the second count will be vacated.”

A historical record

Judge Smith no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.