BANKER

v.

MARONEY, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (12 total)

• United States v. Mills, 597 F.2d 693 (9th Cir. 1979)
  …in the normal case, an appellant should not be entitled to raise an issue on appeal based on matters outside the record without compliance with Rule 10(c). See, Murphy v. St. Paul Fire and Marine Insurance Co., 314 F. 2d 30 (5th Cir.), cert. denied, 375 U.S. 906, 84 S.Ct. 197, 11 L.Ed.2d 146 (1963) (decided under the predecessor rule, Fed.R.Civ.P. 75(n)); 9 Moore’s Federal Practice, 1210.06. It makes little sense to me, however, to elevate Rule 10(c) into a jurisdictional requirement, as the majority appea…
• United States v. Smallwood, 443 F.2d 535 (8th Cir. 1971)
  …United States, 221 U.S. 361, 31 S.Ct. 538, 55 L.Ed. 771 (1911); Fineberg v. United States, 393 F. 2d 417 (9th Cir. 1968); [*539] Galbraith v. United States, 387 F. 2d 617 (10th Cir. 1968); United States v. Fago, 319 F. 2d 791 (2d Cir.), cert. denied 375 U.S. 906, 84 S.Ct. 197, 11 L.Ed.2d 146 (1963). In this regard, it is significant that the Court in Mancusi specifically noted that the earlier Supreme Court decision in Wilson, supra, was not contrary to its holding because Wilson, like the matter presently…
• The Md. Cas. Co. v. Armco, Inc., 822 F.2d 1348 (4th Cir. 1987)
  …reimburse a party for restoring the status quo. It might very well cost far more to restore a contaminated marsh than it would to pay damages for its loss. See, e.g., Peevyhouse v. Garland Coal & Mining Co., 382 P. 2d 109 (Okla.1962), cert. denied, 375 U.S. 906, 84 S.Ct. 196, 11 L.Ed.2d 145 (1963) (where the cost of restoring strip-mined land was more than quadruple its potential value in the restored condition). Second, even assuming that the costs to the defendant are the same regardless of whether the…