DE SOUZA

v.

BARBER, DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE

Citator

Cited By (29 total)

• Lubben v. Selective Serv. Sys. Local Bd. NO. 27, 453 F.2d 645 (1st Cir. 1972)
  …f the Lubben injunction. Upon dismissal of the Lubben appeal that decision became final; a change in applicable law does not provide sufficient basis for relief under Rule 60(b) (5). See Title v. United States, 263 F. 2d 28 (9th Cir.), cert, denied, 359 U.S. 989, 79 S.Ct. 1118, 3 L.Ed.2d 978 (1959); Collins v. City of Wichita, 254 F. 2d 837 (10th Cir. 1958); Berryhill v. United States, 199 F. 2d 217 (6th Cir. 1952).17 [*651] III In United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (193…
• Mikus v. United States, 433 F.2d 719 (2d Cir. 1970)
  …was entitled to give little credence to, and could have inferred consciousness of guilt from, the alibi, if it considered the alibi incredible and patently false. United States v. Fabric Garment Co., 262 F. 2d 631, 639 (2d Cir. 1958), cert. denied, 359 U.S. 989, 79 S.Ct. 1117, 3 L.Ed.2d 978 (1959). The judgment below is affirmed. . The three veniremen in question were excused by appellant’s exercise of his peremptory challenges.…
• Polites v. United States, 364 U.S. 426 (U.S. 1960)
  …sserts) radically changed, and in that situation it is unjust to give the judgment prospective effect. The cases under Rule 60 (b)(5) relied on by the United States are readily distinguishable. In Title v. United States, 263 P. 2d 28, cert. denied, 359 U. S. 989, Elgin Nat’l Watch Co. v. Barrett, 213 F. 2d 776, and Berryhill v. United States, 199 F. 2d 217, it was entirely possible that the remedy by appeal would have been successfully invoked. And in Collins v. City of Wichita, 254 F. 2d 837, a modificatio…