MUNN ET AL.

v.

HORVITZ CO. ET AL.

Citator

Cited By

• Howard v. United States, 389 F.2d 287 (D.C. Cir. 1967)
  …n founded upon ‘fact’ regardless of whether such fact has been arrived at by direct or circumstantial evidence.” Toliver v. United States, 224 F. 2d 742, 745 (C.A. 9, 1955) ; see United States v. Hopps, 331 F. 2d 332, 334-336 (C.A. 4), cert. denied, 379 U.S. 820, 85 S.Ct. 39, 13 L.Ed.2d 31 (1964). . A court may be more hesitant to hold an ambiguous or incorrect instruction harmless when the evidence is closely balanced. See United States v. Garguilo, 310 F. 2d 249, 254 (C.A. 2, 1962); Cooper v. United Stat…
• United States v. Dichiarinte, 445 F.2d 126 (7th Cir. 1971)
  …ty by stipulating the areas into which they may look. Both may limit a search to certain areas or even to certain specified items within an area. See United States v. Hopps, 215 F.Supp. 734 (D.Md.1962), aff’d, 331 F. 2d 332 (4th Cir.), cert. denied, 379 U.S. 820, 85 S.Ct. 39, 13 L.Ed.2d 31 (1964) ; People v. Schmoll, 383 Ill. 280, 48 N.E. 2d 933 (1943). Thus if government agents obtain consent or a warrant to search for a stolen television set, they must limit their activity to that which is necessary to se…
• Lathers v. United States, 396 F.2d 524 (5th Cir. 1968)
  …nd, in fact, such has been the sentiment in several cases with facts comparable to the case at bar. Gullett v. United States, 8 Cir. 1967, 387 F. 2d 307, 308 (at fn. 1); United States v. Hopps, 4 Cir. 1964, 331 F. 2d 332, 340 (at fn. 8), cert. den., 379 U.S. 820, 85 S.Ct. 39, 13 LEd.2d 31; United States v. Callahan, D. Minn.1964, 256 F.Supp. 739, 742 (at [1]). Cf. Paige v. Potts, 5 Cir. 1965, 354 F. 2d 212, 214 (at [2]), reviewing a state conviction. Numerous other opinions, including at least one in our ow…