Philip J. Finnegan

U.S. Court of Appeals for the Seventh Circuit circuit Retired 1959 · served 1949–1959 Appointed by Harry S. Truman (Democratic) 25 signed orders read

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

How Judge Finnegan decides

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

Procedural preferences

Finnegan insisted that appellate decisions rest on the trial record rather than conjecture about missing material.

“Speculation is a luxury in which reviewing courts cannot afford to indulge.”

He treated a sufficiently pleaded civil-rights claim as requiring an answer rather than an argument on the merits disguised as a motion to dismiss.

“The sole question on this record is whether on all the facts admitted this complaint states a cause of action.”

Cautions

Finnegan required a post-conviction hearing when the existing record could not resolve the factual issue underlying the claim.

“If § 2255 procedure is to be adequate and effective in this case the order of dismissal must be set aside and the cause remanded for hearing.”

Signed rulings

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

Central Ice Cream Company v. Golden Rod Ice Cream Company
257 F.2d 417 (7th Cir. 1958) · 1958-09-05
Appeal (ice-cream company/appellant) Granted

“Reversed and remanded with directions.”

Harry La Fever v. United States
257 F.2d 271 (7th Cir. 1958) · 1958-09-04
Appeal (post-conviction petitioner/appellant) Granted

“The order appealed is reversed and the cause is remanded for a hearing under and pursuant to 28 U.S.C. § 2255.”

Tadashi Miyaki v. Robert H. Robinson, District Director, Chicago District, Immigration and Naturalization Service
257 F.2d 806 (7th Cir. 1958) · 1958-09-04
Appeal (deportee/appellant) Denied

“Judgment affirmed.”

United States v. Leo Fisher
258 F.2d 362 (7th Cir. 1958) · 1958-07-25
Appeal (naturalized citizen/appellant) Granted

“Judgment reversed.”

Thorvold Repsholdt v. United States
256 F.2d 765 (7th Cir. 1958) · 1958-06-24
Appeal (plaintiff/appellant) Denied

“Judgment affirmed.”

Willmore Knight v. Joseph D. Bibb, Director, Etc.
250 F.2d 283 (7th Cir. 1957) · 1957-12-20
Appeal (prisoner civil-rights plaintiff/appellant) Denied

“The judgment appealed is affirmed.”

The United States v. Herman David
246 F.2d 895 (7th Cir. 1957) · 1957-10-28
Appeal (criminal defendant/appellant) Denied

“Judgment affirmed.”

In the Matter of the Chicago Tunnel Terminal Corp., Debtor. Chicago Tunnel Terminal Corp. v. Rutland Transit Company, Etc.
247 F.2d 487 (7th Cir. 1957) · 1957-09-11
Appeal (debtor corporation/appellant) Denied

“Judgment affirmed.”

Rufus Coleman v. Walter Johnston, Justin A. McGowan Kinzie Bluett and Frank G. Sain
247 F.2d 273 (7th Cir. 1957) · 1957-08-12
Appeal (civil-rights plaintiff/appellant) Granted

“The j'udgment appealed is reversed and the cause is remanded with directions to overrule the motion to dismiss and that defendants answer the complaint.”

Luis Kutner and Rose Kutner v. Commissioner of Internal Revenue
245 F.2d 462 (7th Cir. 1957) · 1957-06-04
Appeal (taxpayer/petitioner) Moot / procedural

“The petition for review is hereby dismissed.”

L. Metcalfe Walling, Administrator of the Wage & Hour Division, Etc. v. Harnischfeger Corporation
242 F.2d 712 (7th Cir. 1957) · 1957-04-09
Appeal (employer/appellant) Denied

“Judgment affirmed.”

Leslie Schmidt v. Minneapolis, St. Paul & Sault Ste. Marie Railroad Co., a Corporation
242 F.2d 606 (7th Cir. 1957) · 1957-04-03
Appeal (railroad/appellant) Denied

“Judgment affirmed.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not carry a single assigned trial caseload.

A historical record

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