LYSFJORD ET AL., DOING BUSINESS AS AABETA COMPANY,
v.
FLINTKOTE COMPANY

U.S. | 1957-10-14
No. 318
355 U.S. 835 Supreme Court of the United States (1957) Caution
Cited by 70 cases

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Cited By (68 total)

  • Vining v. Martyn, 660 So. 2d 1081 (Fla. 4th DCA 1995)
    …no Florida case law directly on point, Martyn has cited numerous federal cases which support her argument that the verdict should have been trebled before deducting the offset. See Flintkote v. Lysfjord, 246 F. 2d 368, 398 (9th Cir.), cert. denied, 355 U.S. 835, 78 S.Ct. 54, 2 L.Ed.2d 46 (1957) (the plaintiffs having already received $20,000, it was proper to deduct that sum from the trebled amount. Any other method would have resulted in plaintiffs receiving less than the whole to which they were entitled…
  • …972); Washington State Bowling Proprietors Ass’n v. Pacific Lanes, Inc., 356 F. 2d [*1057] 371, 377 (9th Cir.), cert. denied, 384 U.S. 963, 86 S.Ct. 1590, 16 L.Ed.2d 674 (1966); Flintkote Co. v. Lysfjord, 246 F. 2d 368, 394 (9th Cir.), cert. denied, 355 U.S. 835, 78 S.Ct. 54, 2 L.Ed.2d 46 (1957). Our holding, however, finds support in the authorities that recognize that in appropriate cases, the trial court, following the filing of a supplemental complaint, may permit the recovery of damages resulting from…
  • United States v. Alphonse Cirillo, 499 F.2d 872 (2d Cir. 1974)
    …90 S.Ct. 1276, 25 L.Ed.2d 539 (1969). Otherwise, a defendant could be convicted solely on the basis of hearsay evidence which he had had no opportunity to impeach or refute. See Flintkote Co. v. Lysfjord, 246 F. 2d 368, 387 (9th Cir.), cert. denied, 355 U.S. 835, 78 S.Ct. 54, 2 L.Ed.2d 46 (1957). While the government’s non-hearsay evidence against an alleged co-conspirator may be entirely circumstantial, see United States v. Garguilo, 310 F. 2d 249, 253 (2d Cir. 1962), mere association with persons engaged…

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