BERRY

v.

CLEMMER, CORRECTIONS DIRECTOR

Citator

Cited By

• United States ex rel. Floyd Edgar Martin v. McMANN, 348 F.2d 896 (2d Cir. 1965)
  …d Judge Foley’s order denying the petition, 208 F.Supp. 562 (1962), see also 187 F.Supp. 395 (1960), without reaching the merits, on the sole ground that, despite People v. Howard, 12 N.Y.2d 65, 236 N.Y.S.2d 39, 187 N.E. 2d 113 (1962), cert. denied, 374 U.S. 840, 83 S.Ct. 1893, 10 L.Ed.2d 1060 (1963), we were not convinced that New York on coram nobis would refuse to consider Martin’s contention that his post-examination confession had been obtained in violation of his right to the assistance of counsel. Ne…
• Exhibitors Poster Exch., Inc. v. Nat'l Screen Serv. Corp., 517 F.2d 110 (5th Cir. 1975)
  …aintiff’s identical attack. Accord Scooper Dooper, Inc. v. Kraftco Corp., 3 Cir. 1974, 494 F. 2d 840, 845-50; Vogelstein v. National Screen Service Corp., E.D.Pa.1962, 204 F.Supp. 591-595, aff’d per curiam, 3 Cir., 310 F. 2d 738, cert. denied, 1963, 374 U.S. 840, 83 S.Ct. 1894, 10 L.Ed.2d 1061; United States v. Gen [*115] eral Electric Co., S.D.N.Y.1973, 358 F.Supp. 731, 742 n. 11 (dictum); see IB Moore’s Federal Practice ¶ 0.448, at pp. 4238—39 (2d ed. 1974); see also Engelhardt v. Bell & Howell Co., 8 Cir…
• The Poster Exch., Inc. v. Nat'l Screen Serv. Corp., 456 F.2d 662 (5th Cir. 1972)
  …. But in granting summary judgment to the producers in 1963, the District Court found Lawlor and one of its progeny, Vogelstein v. National Screen Service Corp., E.D.Pa., 1962, 204 F.Supp. 591, aff’d, 3 Cir., 1962, 310 F. 2d 738, cert. denied, 1963, 374 U.S. 840, 83 S.Ct. 1894, 10 L.Ed.2d 1061, to be controlling. In the appeal before us now Poster lias intimated that one of the two prior decisions in our Court must therefore be wrong. Of course, if such were the case, only an en bane Court could rectify thi…