Hugh Dean McLellan
Judge McLellan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McLellan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McLellan treated binding circuit precedent as controlling even where other authorities or administrative rules suggested a different tax result.
“I am bound by White v. Consolidated Equities”
McLellan confined tort recovery to duties existing independently of a contract, leaving purely contractual obligations to contract remedies.
“But where, as in this case, there is no duty except such as the contract creates, I think the plaintiff’s only remedy is for breach of the contract.”
Procedural preferences
McLellan denied summary judgment when he could not say with assurance that the record eliminated every genuine issue of material fact.
“I cannot say with assurance that ‘there is no genuine issue as to any material fact’”
McLellan treated interrogatories as timely when the governing rules imposed no contrary deadline, while requiring the moving party to use the proper enforcement sequence.
“The Federal Rules of Civil Procedure authorizing 'Interrogatories to Parties (see Rule 33, 28 U.S.C.A. following section 723c) contain no provisions requiring a determination that these interrogatories which were filed in October, 1940, are too late”
Cautions
McLellan did not permit a party to manufacture a diversity defect after filing when jurisdiction existed at the action's commencement.
“The motion may not be allowed upon this ground, because whatever the situation later may have become, there was sufficient diversity of citizenship at the time the action was begun.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the libellee’s exceptions are sus*1021tained.”
“The motion is allowed to the extent hereafter stated and is in other respects denied.”
“I ought to deny the motion as a matter of discretion and that I do.”
“I cannot say with assurance that ‘there is no genuine issue as to any material fact’”
“Such a bill of particulars to be filed in or within thirty (30) days.”
“Under the circumstances the motion for judgment on the pleadings is not granted.”
“these interrogatories should be answered, and it is so ordered.”
“the objections are overruled.”
“The intervenoFs motion that the defendant be ordered to answer the interrogatories, also heard today, is denied”
“The conclusion is that the objection to Interrogatory 3 is overruled, the objection to Interrogatory 12(c) is sustained, and the objections to Interrogatories 13(b) and 14 are sustained.”
“the defendant’s motion to dismiss the action is denied.”
“That part of the defendant’s motion seeking a bill of particulars is granted”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for McLellan's 1932-1941 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge McLellan 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.