MONTANYE

v.

NEW YORK

Citator

Cited By

• Application of Stuart M. Kanas, 385 F.2d 506 (2d Cir. 1967)
  …Goodman v. Hearn, 153 F. 2d 186 (5th Cir.) cert. granted, 328 U.S. 833, 66 S.Ct. 1375, 90 L.Ed. 1608, case dismissed, 329 U.S. 667, 67 S.Ct. 24, 91 L.Ed. 589 (1946); United States ex rel. Trainin v. Cain, 144 F. 2d 944 (2d Cir. 1944), cert. denied, 323 U.S. 795, 65 S.Ct. 439, 89 L.Ed. 635 (1945); United States ex rel. Levy v. Cain, 149 F. 2d 338 (2d Cir. 1945). In view of our decision we need not consider the other bases of appeal or the propriety of Judge Dooling’s action on the motions made below. One c…
• Sunal v. Large, 157 F.2d 165 (4th Cir. 1946)
  …only if there is no basis in fact for the classification which it gave the registrant. See Goff v. United States, 4 Cir., 135 F. 2d 610, 612.” See also United States ex rel. Trainin v. Cain, 2 Cir., 144 F. 2d 944, certiorari denied Trainin v. Cain, 323 U.S. 795, 65 S.Ct. 439, 89 L.Ed. 635, cited with approval in the Estep opinion. If the result of the examination of the Local Board’s file as made by the trial judge in this case is to be properly treated as a finding of fact, we would have no proper basis…
• United States ex rel. DE Graw v. Toon, 151 F.2d 778 (2d Cir. 1945)
  …eed not stick in the bark at the word “hearing”; we have recognized that board procedures must be informal and cannot be conducted as legal trials. Cf. United States ex rel. Trainin v. Cain, 2 Cir., 144 F. 2d 944, and cases cited, certiorari denied, 323 U.S. 795, 65 S.Ct. 439. Nevertheless, the essence of a fair determination of a registrant’s case must be preserved, which means that he must have the opportunity to know and confront the evidence against him. United States ex rel. Levy v. Cain, 2 Cir., 149…