Dal Millington Lemmon

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1958 · served 1954–1958 Appointed by Dwight D. Eisenhower (Republican) 25 signed orders read

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

How Judge Lemmon decides

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

What persuades

Lemmon required factual findings rather than a bare legal conclusion before resolving the counterclaim.

“a Conclusion of Law should not take the place of a Finding of Fact.”

Procedural preferences

Lemmon enforced Rule 54(b)'s finality requirements when unresolved claims remained.

“Under such circumstances, the appeal herein is premature.”

Lemmon emphasized final-judgment limits as protection against fragmented appellate review.

“the rule that generally only final judgments are appealable in Federal courts”

Cautions

Lemmon treated good-faith reliance on professional and agency advice as inconsistent with a willful tax-payment failure.

“Appellant acted in good faith and had reasonable cause to contest. We conclude that it did not act willfully.”

Signed rulings

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

Lloyd J. Cosgrove and Paul V. Doyle v. United States
13626_1 · 1954-06-18
Appeal (appellant) Granted in part

“the judgment against him on Counts 3, 5, and 7 is reversed”

United States v. Trubow
13654_1 · 1954-06-21
Appeal (appellant) Denied

“Affirmed.”

Foreman & Clark, Inc. v. National Labor Relations Board
13894 · 1954-07-30
Petition for review (petitioner) Denied

“Accordingly, the petition for review and to set aside the decision and order of *411 the Board of June 3, 1953, is hereby denied, and the prayer of the Board for a judgment enforcing in whole the said order of the Board is hereby granted.”

Hunter Douglas Corp. v. Lando Products, Inc.
13372_1 · 1954-08-18
Appeal (appellant) Granted in part

“Affirmed in part, vacated in part, and remanded.”

Michael Campodonico v. United States
14089 · 1955-05-27
Appeal (appellant) Denied

“The judgment is affirmed.”

Zula Swanson v. United States
14231_1 · 1955-06-27
Appeal (appellant) Granted

“Accordingly, the judgment is reversed.”

Wesley Lawrence Uffelman v. United States
17-15449 · 1956-01-27
Appeal (appellant) Denied

“The judgment is affirmed.”

Pacific Homes, Inc. v. United States
14732 · 1956-02-21
Appeal (appellant) Denied

“The judgment is affirmed.”

Louis P. Lutfy v. United States
14630_1 · 1956-03-06
Appeal (appellant) Denied

“Affirmed.”

William R. Russell and Anna L. Russell v. George W. Hackworth
15034_1 · 1956-05-15
Appeal (appellant) Moot / procedural

“the appeal should be and it is hereby dismissed”

Teamsters Local Union No. 183 v. National Labor Relations Board
14779 · 1956-06-14
Petition for review (petitioner) Denied

“its Decision and Order are affirmed.”

Kal W. Lines v. Falstaff Brewing Co.
14821 · 1956-06-15
Appeal (appellant) Granted

“Accordingly, the order appealed from is reversed, with directions to the District Court to affirm the order of the referee.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Lemmon 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.