ZIMBERG ET AL.

v.

UNITED STATES

Citator

Cited By (46 total)

• Shores v. Ida Murphy and her husband, 88 So. 2d 294 (Fla. 1956)
  …cretion of the trial courts in ordering a jury trial under the Federal Rules was recognizd by the Circuit Court of Appeals for the Fifth Circuit and approved by the Supreme Court of the United States in Roth v. Hyer, 142 F. 2d 227, certiorari denied 323 U.S. 712, 65 S.Ct. 38, 89 L.Ed. 573. Although we do not have a Florida Rule similar to Federal Rule 39, it should be noted that under Florida Rule 1.15(e) a trial judge is granted an exceedingly broad discretion in permitting amendments in procedural matter…
• United States v. Borelli, 336 F.2d 376 (2d Cir. 1964)
  …ffirmative evidence.” Stewart v. Baltimore & Ohio R.R., 137 F. 2d 527, 529 (2 Cir. 1943) ; the trier of the facts has “two conflicting statements * * * of equal force as evidence,” Zimberg v. United States, 142 F. 2d 132, 136 (1 Cir.), cert. denied, 323 U.S. 712, 65 S.Ct. 38, 89 L.Ed. 573 (1944). See also Harman v. United States, 199 F. 2d 34, 36 (4 Cir. 1952); Finnegan v. United States, 204 F. 2d 105, 115 (8 Cir.), cert. denied, 346 U.S. 821, 74 S.Ct. 36, 98 L.Ed. 347 (1953).11 In the discussions of requ…
• Dirring v. United States, 328 F.2d 512 (1st Cir. 1964)
  …t. den. Jacobs v. United States, 84 S.Ct. 667. However, contradiction ordinarily leaves merely a question of fact, with the jury free to decide what to accept as the truth. Zimberg v. United States, 1 Cir., 1944, 142 F. 2d 132, 136-137, cert. den. 323 U.S. 712, 65 S.Ct. 38, 89 L.Ed. 573; United States v. Bushwick Mills, Inc., 2 Cir., 1947, 165 F. 2d 198, 203; Craig v. United States, 9 Cir., 1936, 81 F. 2d 816, 828, cert. den. 298 U.S. 690, 56 S.Ct. 959, 80 L.Ed. 1408. In the light of the pressure this wi…