Glidden Co. v. Zdanok

Glidden Co. v. Zdanok
Supreme Court of the United States
Argued February 21, 26, 1962 Decided June 25, 1962
Full case name	Glidden Company v. Olga Zdanok, John Zacharczyk, Mary A. Hackett, Quitman Williams, and Marcelle Kreischer; Durkee Famous Foods Division, a Foreign Corporation and Benny Lurk v. United States
Citations	370 U.S. 530 (more) 82 S. Ct. 1459; 8 L. Ed. 2d 671; 1962 U.S. LEXIS 2139; 45 Lab. Cas. (CCH) ¶ 17,685; 50 L.R.R.M. 2693
Case history
Prior	Summary judgment granted, Zdanok v. Glidden Co., Durkee Famous Foods Div., 185 F.Supp. 441 (S.D.N.Y. 1960); reversed, 288 F.2d 99 (2d Cir. 1961); on remand, 28 F.R.D. 346 (S.D.N.Y. 1961); cert. granted, 368 U.S. 814 (1961). Lurk v. United States, 296 F.2d 360 (D.C. Cir. 1961); cert. granted, 368 U.S. 815 (1961).
Subsequent	Rehearing denied, 371 U.S. 854 (1962).
Holding
The Court of Claims and the Court of Customs and Patent Appeals are courts created under Article III of the Constitution and their judges are constitutionally protected in tenure and compensation, the designation of judges from those courts to sit on Courts of Appeals and United States District Courts was valid and judgments of the Court of Appeals and District Court were not vitiated by respective participation of such judges.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Tom C. Clark John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White
Case opinions
Plurality	Harlan, joined by Brennan, Stewart
Concurrence	Clark, joined by Warren
Dissent	Douglas, joined by Black
Frankfurter and White took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Article III, §§ 1-2
This case overturned a previous ruling or rulings
Ex parte Bakelite Corp., 279 U.S. 438 (1929) Williams v. United States, 289 U.S. 553 (1933)

Glidden Co. v. Zdanok (consolidated with Lurk v. United States), 370 U.S. 530 (1962), is a United States Supreme Court case in which the Court held that judges of the Court of Claims and the Court of Customs and Patent Appeals were judges created under Article III of the Constitution (also known as Article III judges). As such, it was permissible for the Chief Justice of the United States under 28 U.S.C. § 293(a) to designate judges from the Court of Claims and the Court of Customs and Patent Appeals to serve on district courts and courts of appeals.^[1]