LEWES DAIRY, INC.

v.

FREEMAN, SECRETARY OF AGRICULTURE, ET AL.

Citator

Cited By (12 total)

• Potashnick v. Port City Constr. Co. & United States Fid. & Guar. Co., 609 F.2d 1101 (5th Cir. 1980)
  …ar case. Under the prior version of section 455, a judge faced with a close question on disqualification was urged to resolve the issue in favor of a “duty to sit.” See Edwards v. United States, 334 F. 2d 360, 362 n. 2 (5th Cir. 1964), cert. denied, 379 U.S. 1000, 85 S.Ct. 721, 13 L.Ed.2d 702 (1965). The language of the new statute eliminates the so-called “duty to sit.” The use of “might reasonably be questioned” in section 455(a) (emphasis added) clearly mandates that it would be preferable for a judge to…
• Driscoll v. United States, 356 F.2d 324 (1st Cir. 1966)
  …olely on their pleas of not guilty, appellants did not create such a “disputed factual element” in the sense that entitled them to an instruction for a lesser-included offense. Cf. Edwards v. United States, 5 Cir., 1964, 334 F. 2d 360, cert. denied, 379 U.S. 1000, 85 S.Ct. 721, 13 L.Ed.2d 702. In the recent case of United States v. Markis, 2 Cir., 1965, 352 F. 2d 860, evidence of similar nature (i e., statements of a government agent of conversations with defendant about the requirement of a wagering stamp…
• Williamson v. United States, 365 F.2d 12 (5th Cir. 1966)
  …der these facts we would be amiss to find that there was insufficient evidence to warrant jury submission. Glasser v. United States, 1942, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; Edwards v. United States, 5th Cir. 1964, 334 F. 2d 360, cert. denied, 379 U.S. 1000, 85 S.Ct. 721, 13 L.Ed.2d 702; Williamson v. United States, supra; Peel v. United States, 5th Cir. 1963, 316 F. 2d 907. Appellant predicates his second point of error upon the trial court’s denial of his motion to inspect and copy his own signed st…