SMITH

v.

RAGEN, WARDEN

Citator

Cited By

• Constr. & Gen. Laborers Local Union NO. 438, AFL-CIO v. Hardy Eng'g & Constr. Co., Inc., 354 F.2d 24 (5th Cir. 1965)
  …y erroneous or induced by an erroneous view of the law. Fed.Rules Civ.Proc., rule 52(a) 28 U.S.C.A.; Levy v. Manget, 308 F. 2d 248 (5th Cir. 1962); Local Union 984, Int. Bro. of Teamsters, etc. v. Humko Co., 287 F. 2d 231 (6th Cir. 1961), cert. den. 336 U.S. 962, 81 S.Ct. 1922, 6 L.Ed.2d 1254 (1961). Similarly unassailable are factual conclusions derived from findings of fact amply supported by the evidence. James v. United States, 252 F. 2d 687 (5th Cir. 1958); Shepherd v. Mahannah, 220 F. 2d 737 (5th Cir.…

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• Entin v. John C. Stevens for G. F. E. Indus., Inc., 323 F.2d 894 (8th Cir. 1963)
  …filing of the petition for reorganization [*900] under Chapter X had waived their right to terminate the lease. Under the teachings of the Seventh Circuit in In re Sound, Inc., 171 F. 2d 253 (certiorari denied, Atwell Building Corp. v. Sound, Inc., 336 U.S. 962, 69 S.Ct. 892, 93 L.Ed. 1114), and of this Court in Ten-Six Olive, Inc. v. Curby, supra, pages 123-124 of 208 F. 2d, we think Judge Stephenson did not err in entering the orders which are challenged by the appellants. The orders appealed from are a…
• B. J. M. Realty Corp. v. Ruggieri, 326 F.2d 281 (2d Cir. 1963)
  …without even showing when this check was accepted. This is far weaker evidence of an intent to waive the benefit of a forfeiture clause than appeared in In re Sound, Inc., 171 F. 2d 253 (7 Cir. 1948), cert, denied At-well Bldg. Corp. v. Sound, Inc., 336 U.S. 962, 69 S.Ct. 892, 93 L.Ed. 1114 (1948), the sole case relied on below. In the Sound, Inc. case, the landlord, after being apprised of the debtor’s bankruptcy petition, billed the debtor “for rent in accordance with the terms of the lease” for two month…