DAYAN

v.

CALIFORNIA

Citator

Cited By

• Moore v. United States, 598 F.2d 439 (5th Cir. 1979)
  …on these issues. Absent exceptional circumstances, this court will not consider new matters raised for the first time in a petition for rehearing. See, e. g., Minute Maid Corp. v. United Foods, Inc., 5 Cir. 1961, 291 F. 2d 577, 585-86, cert. denied, 368 U.S. 928, 82 S.Ct. 364, 7 L.Ed.2d 192; De Witt v. Sorenson, 5 Cir. 1961, 290 F. 2d 562. See also Jamestown Farmers Elevator, Inc. v. General Mills, Inc., 8 Cir. 1977, 552 F. 2d 1285, 1295-96; Bullock v. Mumford, 1974, 166 U.S.App. D.C. 51, 55, 509 F. 2d 384,…
• Donovan v. Bierwirth, 754 F.2d 1049 (2d Cir. 1985)
  …greater, no loss was sustained. See id.; Restatement (Second) of Trusts § 205(c) (1959); see also In re Imperial “400” National, Inc., 456 F. 2d 926, 931 (3d Cir.1972); Perkins v. Waukesha National Bank, 290 F. 2d 912, 918 (7th Cir.), cert. denied, 368 U.S. 928, 82 S.Ct. 363, 7 L.Ed.2d 191 (1961). In determining what the Plan would have earned had the funds been available for other Plan purposes, the district court should presume that the funds would have been treated like other funds being invested durin…
• United States v. Levine, 551 F.2d 687 (5th Cir. 1977)
  …t had relied upon an erroneous legal theory of conspiracy to support joinder of Abrams and Levine in a single criminal prosecution. Cf. Minute Maid Corp. v. United Foods, Inc., 291 F. 2d 577, 585-86 (5th Cir.) (petition for rehearing), cert. denied, 368 U.S. 928, 82 S.Ct. 364, 7 L.Ed.2d 192 (1961). Even accepting the document at face value for purposes of this petition for rehearing, it goes no further than supplying a highly doubtful basis of support.for overt act 10. We have held overt act 10 furnished…