RUSHING
v.
WILKINSON, WARDEN

U.S. | 1960-12-05
No. 305
364 U.S. 914 Supreme Court of the United States (1960) Positive Treatment
Cited by 21 cases

Opinion

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Citator

Cited By (20 total)

  • ACE Beer Distribs., Inc. v. Kohn, Inc., 318 F.2d 283 (6th Cir. 1963)
    …other beers, is not an unusual business procedure, and, in our opinion, is not an unreasonable restraint of trade. Hohensee v. Akron Beacon Journal Publishing Co., D.C., 171 F.Supp. 90, 174 F.Supp. 450, affirmed 277 F. 2d 359, C.A.6th, cert. denied, 364 U.S. 914, 81 S.Ct. 277, 5 L.Ed.2d 227; Kinnear-Weed Corp. v. Humble Oil & Refining Co., 214 F. 2d 891, C.A.5th, cert. denied, 348 U.S. 912, 75 S.Ct. 292, 99 L.Ed. 715. Plaintiff relies strongly upon Klor’s v. Broadway-Hale Stores, 359 U.S. 207, 79 S.Ct. 705…
  • Gebhard v. United States, 422 F.2d 281 (9th Cir. 1970)
    …e court also held that the charge was susceptible of proof by circumstantial evidence sufficient to satisfy the jury of the defendant’s guilt beyond a reasonable doubt. See also United States v. Magin, 7 Cir., 1960, 280 F. 2d 74, cert. denied, 1960, 364 U.S. 914, 81 S.Ct. 271, 5 L.Ed.2d 228. Under the circumstances it was correct for the judge to instruct that the charges could be proved by circumstantial evidence. Further it was not error for the judge to divide the counts into those provable under the tw…
  • United States v. Sweig, 441 F.2d 114 (2d Cir. 1971)
    …nited States v. Stone, 429 F. 2d 138, 140 (2d Cir. 1970); LaPlaca v. United States, 354 F. 2d 56, 58 (1st Cir. 1965), cert. denied, 383 U.S. 927, 86 S.Ct. 932, 15 L.Ed.2d 846 (1966); United States v. Magin, 280 F. 2d 74, 76 (7th Cir.), cert. denied, 364 U.S. 914, 81 S.Ct. 271, 5 L.Ed.2d 228 (1960). Sweig argues that this essential element of knowledge or wilfulness was not proven here. First, he claims, the evidence was insufficient for a jury to find beyond a reasonable doubt that he wilfully perjured hi…

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