GIBBS ET AL.

v.

UNITED STATES

Citator

Cited By

• The First Nat'l Bank OF Cincinnati v. Pepper, 454 F.2d 626 (2d Cir. 1972)
  …s or other evidentiary material, they must be taken as true in ruling on the motion. See 3 Barron & Holtzoff, Federal Practice and Procedure § 1235, at 140-41 (Wright ed. 1958); Furton v. City of Menasha, 149 F. 2d 945, 947 (7th Cir.), cert, denied, 326 U.S. 771, 66 S.Ct. 176, 90 L.Ed. 466 (1945). Applying these standards, the facts as we must assume them for the purposes of this appeal appear to be as follows. The dispute between the parties arose out of a series of machinations in connection with the sal…
• Wilson v. The Health & Hosp. Corp. OF Marion Cnty., 620 F.2d 1201 (7th Cir. 1980)
  …ng movant demonstrate the absence of a genuine issue as to any material fact] has been met. Central Oil & Supply Corp. v. United States, 557 F. 2d 511, 515 (5th Cir. 1977). Cf. Furton v. City of Menasha, 149 F. 2d 945, 947 (7th Cir.), cert. denied, 326 U.S. 771, 66 S.Ct. 176, 90 L.Ed. 466 (1945). Given this, I think plaintiff has failed to allege facts from which it can be found that his Fourth Amendment rights were invaded. Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), establi…
• Gov't of the Virgin Islands v. Raphello Harris, Sr., 938 F.2d 401 (3d Cir. 1991)
  …5 & Supp.1990); 7 J. Wigmore, Evidence § 2071 (Chadbourn rev.ed. 1978 & Supp.1990). To establish a corpus delicti, the government need only prove that a crime has been committed. United States v. Di Orio, 150 F. 2d 938, 939 (3d Cir.), cert. denied, 326 U.S. 771, 66 S.Ct. 175, 90 L.Ed. 465 (1945). Identifying the defendant as the perpetrator of the crime is not required. See United States v. Wilson, 529 F. 2d 913, 915 (10th Cir.1976) (citing United States v. Charpentier, 438 F. 2d 721, 725 (10th Cir.1971));…