CAPITOL MEATS, INC. ET AL.

v.

UNITED STATES

Citator

Cited By (11 total)

• Baker v. F & F Inv., 420 F.2d 1191 (7th Cir. 1970)
  …Decision Act. Cf. In re Stupp, 23 Fed.Case No. 13,563, p. 296 at 299, 12 Blatchf. 501 (Cir.Ct., S.D.N. Y.1875); Schatte v. International Alliance, 70 F.Supp. 1008, 1010 (S.D.Calif. 1947) , affirmed, 165 F. 2d 216 (9th Cir. 1948), certiorari denied, 334 U.S. 812, 68 S.Ct. 1018, 92 L.Ed. 1743. Section 1988 is inapplicable where substantive law denies a plaintiff any right to relief. All rules which affect the right of recovery necessarily affect its “remedy.” That does not mean, however, that all such rules…
• Costello v. United States, 255 F.2d 389 (8th Cir. 1958)
  …. 2d 516, affirmed 348 U.S. 121, 75 S.Ct. 127, 99 L.Ed. 150; United States v. Heine, 2 [*398] Cir., 149 F. 2d 485, certiorari denied 325 U.S. 885, 65 S.Ct. 1578, 89 L.Ed. 2000; United States v. Capitol Meats, 2 Cir., 166 F. 2d 537, certiorari denied 334 U.S. 812, 68 S.Ct. 1018, 92 L.Ed. 1743; Lewis v. United States, 10 Cir., 49 F. 2d 272. The court gave the jury what has been referred to as the “Allen instruction” in which the jury was urged to try to agree upon a verdict and we find no error in giving the…
• United States v. Private Brands, Inc., 250 F.2d 554 (2d Cir. 1957)
  …the court are not sustainable. The failure to define “wilfulness” or charge as to the presumption of innocence was not error in the absence of requests to do so. See United States v. Capitol Meats, Inc., 2 Cir., 166 F. 2d 537, 538, certiorari denied 334 U.S. 812, 68 S.Ct. 1018, 92 L.Ed. 1743; United States v. McGuire, 2 Cir., 64 F. 2d 485, 493. The failure of a defendant to re [*558] quest charges omitted or to take exception to the charge as given normally precludes any claim of error,3 although an appella…