RODIEK, ANCILLARY EXECUTOR,

v.

UNITED STATES ET AL.

Citator

Cited By

• United States v. Santore, 290 F.2d 51 (2d Cir. 1960)
  …I concede that some support for my colleagues’ position is to be found in language in United States v. Cohen, 2 Cir., 1942, 124 F. 2d 164, 165, certiorari denied Bernstein v. United States, 315 U.S. 811, 62 S.Ct. 796, 86 L.Ed. 1210, rehearing denied 316 U.S. 707, 62 S.Ct. 941, 86 L.Ed. 1774. However, the language relied upon has never been followed prior to the present case. Recently the identical argument which my colleagues here would accept was advanced by the Gov- [*81] eminent in Cellino v. United Stat…

  ← 1 / 2 →
• United States v. Hernandez, 290 F.2d 86 (2d Cir. 1961)
  …aningless and archaic presumption remains the same. In 1941 this court in United States v. Cohen, 2 Cir., 1941, 124 F. 2d 164, certio-rari denied Bernstein v. United States, 315 U.S. 811, 62 S.Ct. 796, 86 L.Ed. 1210 sub nom., rehearing denied 1942, 316 U.S. 707, 62 S.Ct. 941, 86 L.Ed. 1774, affirmed the conviction of Cohen, indicted for violating 21 U.S.C. § 174. Referring to the effect of the aiding and abetting statute upon defendants charged with such violation, the court said: “ * * * under the second…
• Arciniega v. Freeman, 439 F.2d 776 (9th Cir. 1971)
  …s parole, nor may the court pass upon the sufficiency or reliability of the information upon which the revocation was based. Rogoway v. Warden, 122 F. 2d 967 (9th Cir. 1941), cert. denied, 315 U. S. 808, 62 S.Ct. 797, 86 L.Ed. 528, rehearing denied, 316 U.S. 707, 62 S.Ct. 941, 86 L.Ed. 1774. The court may not substitute its judgment for that of the Parole Board because these are all matters within the informed judgment and discretion of the administrative body. Zerbst v. Kidwell, 304 U.S. 359, 362, 58 S.Ct…