GRACE

v.

CUNNINGHAM, PENITENTIARY SUPERINTENDENT

Citator

Cited By (11 total)

• United States v. Ross, 321 F.2d 61 (2d Cir. 1963)
  …gned to Ross. This. evidence, along with the inference from Ross’ failure to deny that he called Mueller and Gairing or that his number was 24, was clearly sufficient, N. Sims Organ & Co. v. S. E. C., 293 F. 2d 78, 80-81 (2 Cir. 1961), cert. denied, 368 U.S. 968, 82 S.Ct. 440, 7 L.Ed.2d 396 (1962), if Kelly’s testimony was admissible. Ross contends that admission of the testimony violated both the hearsay rule and the best evidence rule. It is plain enough that Kelly’s testimony about Sussman’s pointing to…
• Sec. & Exch. Comm'n v. Commonwealth Chem. Sec., Inc., 574 F.2d 90 (2d Cir. 1978)
  …January 10,1973. The SEC sought to eke out this rather meagre evidence with Mrs. Kleinman’s failure to testify and the adverse inference that could be drawn therefrom, see N. Sims Organ & Co. v. SEC, 293 F. 2d 78, 80-81 (2 Cir. 1961), cert. denied, 368 U.S. 968, 82 S.Ct. 440, 7 L.Ed.2d 396 (1962). The case is also close, particularly in light of the SEC’s failure to introduce any oral testimony about Mrs. Kleinman, and we might well have found differently than did the district court, but in this instance…
• Kuehnert v. Texstar Corp., 412 F.2d 700 (5th Cir. 1969)
  …3, 15 U.S.C. §§ 77q(a) (1), (3), and under 10(b), involved here, to enjoin a potential fraud or prosecute a fraud that failed, without proof of actual loss to any victim. N. Sims Organ & Co. v. SEC, 2 Cir., 1961, 293 F. 2d 78, 80 n. 3, cert. denied 368 U.S. 968, 82 S.Ct. 440, 7 L.Ed.2d 396; Hughes v. SEC, 1949, 85 U.S.App.D.C. 56, 174 F. 2d 969; Trussell v. United Underwriters, Ltd., D. Colo., 1964, 228 F.Supp. 757, 767. The absence of actual harm to his vendors, as far as Kuehnert was concerned, was a pur…