HIGGINS, COLLECTOR OF INTERNAL REVENUE,

v.

SMITH

Citator

Cited By

• In re Fid. Mortg. Invs. v. Camelia Builders, Inc., 550 F.2d 47 (2d Cir. 1976)
  …has imposed would seem to be the proper course.” In re Probst, 205 F. 512, 513 (2d Cir. 1913). The contempt powers of a federal court are specifically limited by statute, Berry v. Midtown Service Corp., 104 F. 2d 107, 109 (2d Cir.), cert. granted, 308 U.S. 536, 60 S.Ct. 114, 84 L.Ed. 452, appeal dismissed per stipulation, 308 U.S. 629, 60 S.Ct. 297, 84 L.Ed. 525 (1939); and such powers should not be extended beyond the plain terms of the statute which grants them. Denver-Greeley Valley Water Users’ Ass’n…
• Project B.A.S.I.C. v. Kemp, 947 F.2d 11 (1st Cir. 1991)
  …ry v. Midtown Serv. Corp., 104 F. 2d 107, 111 (2d Cir.) (“Before a person should be subject to punishment for violating a command of the court, the order should inform him in definite terms as to the duties thereby imposed upon him.”), cert granted, 308 U.S. 536, 60 S.Ct. 114, 84 L.Ed. 452, cert. dismissed, 308 U.S. 629, 60 S.Ct. 297, 84 L.Ed. 525 (1939). To be sure, the Secretary participated in an appeal of the 1989 Order, which arouses some suspicion that HUD may have thought the order applied to it. HU…
• United States v. Wefers, 435 F.2d 826 (1st Cir. 1970)
  …at an intent by the court to reverse the field, so as to bind Wefers [*830] by the order with which he sought to restrain the Trustees, called for great specificity. See Berry v. Midtown Service Corp., 2 Cir., 1939, 104 F. 2d 107, 111, cert. granted 308 U.S. 536, 60 S.Ct. 114, 84 L.Ed. 452, dismissed per stipulation, 308 U.S. 629, 60 S.Ct. 297, 84 L.Ed. 525. We do not accept the government’s argument that the second paragraph of the original order had such specificity because unless read as a directive lim…