CHESAPEAKE & OHIO RAILWAY CO.

v.

LUDWIG, GUARDIAN, ET AL.

Citator

Cited By (22 total)

• United States v. Kelly, 349 F.2d 720 (2d Cir. 1965)
  …ck was not, the trial judge lumped them all together and gave the “all or nothing” charge condemned by Judge Friendly in United States v. Borelli, 2 Cir., 1964, 336 F. 2d 376, 384-386 & n. 4, cert. denied sub nom. Cinquegrano v. United States, 1965, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555. Thus, in this case, the trial judge instructed the jury: “In analyzing the evidence you must determine whether there was a single, continuing overall conspiracy or separate, independent conspiracies with separate and…
• United States v. Barnes, 604 F.2d 121 (2d Cir. 1979)
  …of criminal trials against this kind of disruption, whether it emanated from defendants’ enemies, from their friends, or from neither.” United States v. Borelli, 336 F. 2d 376, 392 (2d Cir. 1964), cert. denied sub nom. Cinquegrano v. United States, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555 (1965). It seems that the tiihe has come to approve the precautions suggested in Borelli. It will not do to say that, because there were no actual threats received in the case at bar, Judge Werker’s action was inappropr…

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• United States v. Al Taylor, 562 F.2d 1345 (2d Cir. 1977)
  …e gist of the offense [of conspiracy] remains the agreement, and it is therefore essential to determine what kind of agreement or understanding existed as to each defendant.” United States v. Borelli, 336 F. 2d 376, 384 (2d Cir. 1964), cert. denied, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555 (1965). In making this determination, courts often look to such factors as knowledge and dependency as evidence of an agreement. These factors, in turn, may be inferred from an assessment of the nature of the criminal e…

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