STEIN

v.

MCGRATH ET AL.

Citator

Cited By (16 total)

• United States v. Daniel "Danny Blue Eyes", 583 F.2d 748 (5th Cir. 1978)
  …the Tomplain era [*761] and notes the absolute dearth of reliance on Tomplain as precedent, it really cannot be said that the “slight evidence” test was the law of this Circuit.2 In Beland v. United States, 5 Cir. 1938, 100 F. 2d 289, cert. denied, 306 U.S. 636, 59 S.Ct. 485, 83 L.Ed. 1037 (1939), the Court clearly employed a “substantial evidence” test. Beland was a drug conspiracy case. I quote from the reported opinion: “Any substantial evidence of knowledge and participation in conspiracy will justify…
• Young v. Katz, 447 F.2d 431 (5th Cir. 1971)
  …cted to balance the scales with the nicety of an apothecary. The very object of a compromise ‘is to avoid the determination of sharply contested and dubious issues’. In re Prudence Co., 2 Cir., 98 F. 2d 559, 560, certiorari denied [Stein v. McGrath] 306 U.S. 636, 50 [59] S. [*434] Ct. 485, 83 L.Ed. 1037. However, the facts and the law must be considered carefully and fully, to the end that a true appraisal be made of the plaintiff’s chances of success upon the issues presented, and a correlative conclusion…
• United States v. Klein, 560 F.2d 1236 (5th Cir. 1977)
  …onspiracy, for the agreement may be shown by concerted action, all the parties working together understandingly with a single design for the accomplishment of a common purpose. Beland v. United States, 5 Cir. 1938, 100 F. 2d 289, cert. denied, 1939, 306 U.S. 636, 59 S.Ct. 485, 83 L.Ed. 1037. However, mere knowledge, acquiescence or approval without cooperation or agreement to cooperate is not enough to constitute one a party to a conspiracy. McDaniel v. United States, 5 Cir. 1928, 24 F. 2d 303. In order to…