Day & Zimmermann, Inc. v. Challoner
423 U.S. 3 · Decided November 3, 1975 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Day & Zimmermann, Inc. v. Challoner was decided on November 3, 1975 unanimously (8–0). The Court vacated the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Election of remedies” in the Economic Activity area.
Read the opinion
Case details
- Citations
- 423 U.S. 3 · 96 S. Ct. 167 · 46 L. Ed. 2d 3 · 1975 U.S. LEXIS 90
- Docket number
- 75-245
- Decided
- November 3, 1975
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–0 (unanimous)
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Election of remedies
- Issue area
- Economic Activity
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Concurrence | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Did not participate: William O. Douglas.
Full case caption
Day & Zimmermann, Inc. v. Challoner et al.
SCDB identifiers: case 1975-002, docket 1975-002-01.
Related decisions
Other cases on “Election of remedies”
- Intercounty Construction Corp. v. Walter
- United States v. United Continental Tuna Corp.
- Vella v. Ford Motor Co.
- Massachusetts Mutual Life Insurance Co. v. Ludwig
- Scherk v. Alberto-Culver Co.
- Northeast Marine Terminal Co., Inc. v. Caputo
Same Term, same area (Economic Activity)
- Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc.
- American Foreign Steamship Co. v. Matise
- Foremost-McKesson, Inc. v. Provident Securities Co.
- Michelin Tire Corp. v. WagesAltered precedent
- United States v. Bornstein
- Great Atlantic & Pacific Tea Co., Inc. v. Cottrell
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error