John Foster Symes
Judge Symes no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Symes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He would not resolve limitations or laches on a motion to dismiss when the pleaded facts could place accrual within the permissible period.
“If this is true, it follows that the question of the 20-year statute of limitations, or of laches, cannot be determined at this stage of the litigation.”
He treated federal regulatory power as bounded by the Constitution's enumerated grants rather than a general police power.
“the latter has- no general police powers, but only such as are specifically enumerated in the Constitution”
He assessed antitrust allegations by their practical effect on competition and market prices.
“The natural result of this turn system is to directly restrain competition in the purchase of fat lambs on the Denver market.”
Procedural preferences
He considered equitable bars on his own initiative when the record disclosed them.
“Whenever it is disclosed the court will of its own motion apply the maxim at any stage of the proceedings.”
He allowed intervention when the reorganization court was the only forum capable of protecting the asserted right.
“No other court has jurisdiction to hear such questions, and the inability of the party to obtain relief requires the granting of the petition.”
He kept statutory enforcement schemes distinct and declined to treat one agency proceeding as eliminating a separate judicial remedy.
“The Federal Trade Commission has no jurisdiction over, and cannot afford relief from, Sherman Act violations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated the motion for summary judgment is granted and the complaint dismissed with costs.”
“The motion for a directed verdict is granted and the libel dismissed.”
“The motion to dismiss and suppress the evidence is overruled.”
“The petitions to quash the warrants of distraint should be denied and exceptions allowed.”
“The order appealed from is reversed, and the matter remanded for further proceedings.”
“Motions of the Colorado National Bank of Denver and of the First National Bank of Boulder to dismiss the amended petition are denied.”
“The two motions to dismiss are denied.”
“The motion to dismiss should he granted, and it is so ordered.”
“Injunctive relief is denied and the bill dismissed.”
“For these reasons, the application for temporary injunctive relief will be denied without prejudice to the final hearing, and the plaintiffs may have their exceptions.”
“We conclude that the motion to quash the writ of scire facias should be denied, and it is so ordered.”
Caseload & timing
From public federal docket records for this judge.
Symes handled Colorado's federal trial docket for nearly three decades, including bankruptcy, railroad reorganization, labor, antitrust, tax, intellectual-property, and federal regulatory disputes. No electronic records are available to quantify his caseload.
A historical record
Judge Symes 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.