GABRIELLI

v.

KNICKERBOCKER ET AL.

Citator

Cited By (11 total)

• Love v. Chandler, 124 F.2d 785 (8th Cir. 1942)
  …t Court was without jurisdiction to review the administrative action of which the appellant had complained in that case, the complaint in the instant action, under the rule announced in Mitchell v. Greenough, 9 Cir., 100 F. 2d 184, certiorari denied 306 U.S. 659, 59 S.Ct. 788, 83 L.Ed. 1056, did not state a claim for damages resulting from a conspiracy to deprive the appellant of any right or privilege dependent upon a law of the United States. The statutes which the appellant seeks to invoke were passed s…
• Laughlin v. Rosenman, 163 F.2d 838 (D.C. Cir. 1947)
  …0 of Revised Statutes, 1878, 8 U.S.C.A. §§ 43, 47, upon which the second count is based, do not support a cause of action based upon such facts as are alleged in that count. Mitchell v. Greenough, 9 Cir., 1938, 100 F. 2d 184, certiorari denied 1939, 306 U.S. 659, 59 S.Ct. 788, 83 L.Ed. 1056. The plaintiff in that case alleged that by virtue of a conspiracy on the part of a prosecuting attorney, his deputy, a superior court judge, two witnesses and a complaining witness, he was convicted of embezzlement on t…
• Sierra Club v. Hodel, 848 F.2d 1068 (10th Cir. 1988)
  …-96 (8th Cir.1977) (appellant may not raise issue in petition for rehearing not argued as part of original appeal); Mitchell v. Greenough, 100 F. 2d 1006, 1006 (9th Cir.) (“A party cannot on petition for rehearing shift his position”), cert. denied, 306 U.S. 659, 59 S.Ct. 788, 83 L.Ed. 1056 (1939); cf. United States v. Smith, 781 F. 2d 184 (10th Cir.1986) (prohibiting government from using petition for rehearing to raise an issue it had previously conceded). Additionally, Judge Barrett would grant Garfiel…