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Abner J Mikva — Part 2
Page 40
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ao il
. an er 2
Mr. Sourwine. There have been decisions to the contrary’.
in the Supreme Court of the United States, have there not? :
Mr. Mikva. Yes. And then there has been a later case in
the Federal courts in which the United States Supreme Court
denied certiorari, as late as 1933, Southern Pacific Company .v.
Kiinge, 65 F, 2d 85, again in which the judge was held to have ;
abused his discretion in refusing to grant a new trial on the
pasis of Jurors! affidavits. .
Me, Sourwine. Now, returning to the question of the
supervision that you gave the project in Wichita, was it part
of your job to see that proper consent was obtained from counsel
and other interested persons? |
Mr, Mikva, It was my job to do what Judge Hill desired
down there, Tam sure that had he sought to go ahead in any
case without obtaining. the lawyers! consent, I would have been
troubled. The fact is, that situation never arose.
Mr, Sourwine, Now, was any discussion ever had with you
about the ‘question of whether it would be. desirable to consult
the United States Abt vorney with respect to any cases in which
the Government was not a party?
Mr. Mikva. No, sir, at no time.
Mr. Sourwinc. The thougnt never entered?
Mx, Mikva. I do not know that the thought aid or did not
enter, but I think that the thought and the thinicing was, and
still is, that this was the judicioryts problem, and that theiz
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