Walter C. Lindley

U.S. Court of Appeals for the Seventh Circuit circuit Retired 1958 · served 1949–1958 Appointed by Harry S. Truman (Democratic) 25 signed orders read

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

How Judge Lindley decides

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

Procedural preferences

Lindley treated unreliable hearsay in an administrative record as prejudicial when it deprived the affected person of a fair hearing.

“plaintiff was not afforded a fair hearing.”

He confined appellate review to issues actually presented and refused to decide the merits of a claim that the lower court had not adjudicated.

“We do not pass upon the validity of the claim. As the merits have never been presented, they are beyond the purview of this disposition.”

Cautions

He valued finality but would not use it to deny parties a chance to litigate validity and infringement against defendants who had not participated in the earlier case.

“there should be an end to litigation. But this beneficent result cannot be attained at the expense of depriving plaintiffs of the right to show, if they can, that, as against defendants who have not previously been in court, the patent is valid and infringed.”

Signed rulings

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

Elizabeth Kley Criscuolo v. United States of America, and Audrey Schmuck Zoch Linde
250 F.2d 388 (7th Cir. 1957) · 1957-12-27
Appeal (competing beneficiary/appellant) Granted

“The judgment is reversed, and the cause remanded for further proceedings consistent with this opinion.”

Intertype Corporation v. Clark-Congress Corporation
249 F.2d 626 (7th Cir. 1957) · 1957-11-13
Appeal (prevailing litigant/appellant) Granted

“the decision is reversed and remanded for further proceedings in accord with this opinion.”

United States of America Ex Rel. Edward Sieg v. Joseph E. Ragen, Warden, Illinois State Penitentiary
247 F.2d 638 (7th Cir. 1957) · 1957-09-11
Appeal (habeas petitioner/appellant) Denied

“the judgment from which this appeal was taken be and it is hereby affirmed.”

Andrew Peter Yiannopoulos v. Robert H. Robinson, District Director of Immigration, U. S. Immigration and Naturalization Service
247 F.2d 655 (7th Cir. 1957) · 1957-08-23
Appeal (immigration director/appellant) Denied

“The judgment is affirmed.”

The United States v. John J. Doyle
246 F.2d 418 (7th Cir. 1957) · 1957-06-21
Appeal (post-conviction petitioner/appellant) Denied

“the judgment is affirmed.”

Simonsen Industries, Inc., Edward H. Simonsen and Ethel G. Simonsen v. Commissioner of Internal Revenue
243 F.2d 407 (7th Cir. 1957) · 1957-04-22
Appeal (taxpayers/petitioners) Denied

“The decision is affirmed.”

Robert S. Davis v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Robert S. Davis
241 F.2d 701 (7th Cir. 1957) · 1957-03-01
Appeal (taxpayer and Commissioner/cross-appellants) Granted

“Each of the judgments of the Tax Court is reversed. Each of the causes is remanded for further proceedings in accord with the announcements herein contained.”

Fleming v. Lake Delton Development Co.
241 F.2d 865 (7th Cir. 1957) · 1957-02-26
Appeal (lien claimant/appellant) Granted

“The order of November 17, 1955, from which the appeal is taken, is declared void and vacated and the cause remanded to the district court with directions to proceed to determine the merits of appellant’s claim for lien after the issues pertaining thereto have been properly joined.”

Sidney Alterman v. Albert Lydick
241 F.2d 50 (7th Cir. 1957) · 1957-02-14
Appeal (indemnitee/appellant) Granted

“The judgment is reversed for further proceeding consistent with this opinion.”

John H. Gooch v. Commissioner of Internal Revenue
240 F.2d 324 (7th Cir. 1957) · 1957-01-24
Appeal (taxpayer/petitioner) Denied

“The petition for review is denied and the judgment of the Tax Court affirmed.”

Stella C. Davis and Betty Horrigan v. Ray M. Foreman and the United State of America
239 F.2d 579 (7th Cir. 1956) · 1956-12-21
Appeal (plaintiffs/appellants) Denied

“The orders of dismissal are affirmed”

Devandlis Wiggins v. Joseph E. Ragen, Warden, Illinois State Penitentiary
238 F.2d 309 (7th Cir. 1956) · 1956-11-29
Appeal (habeas petitioner/appellant) Granted

“The order is reversed and remanded, with directions to proceed in accord with the announcements contained herein.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not carry a single assigned trial caseload.

A historical record

Judge Lindley 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.