Kamen v. Kemper Financial Services, Inc., No. 90-516 (U.S. Supreme Court) (500 U.S. 90; 111 S.Ct. 1711) (May 20, 1991) (Justice Marshall)
This holding of the court appears at page 99 of its decision.
"When an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of ...
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