ELBERT MOORE, INC.

v.

GREEN, COMPTROLLER OF FLORIDA

Citator

Cited By

• United States v. Gibson, 675 F.2d 825 (6th Cir. 1982)
  …t. denied, 393 U.S. 1056, 89 S.Ct. 695, 21 L.Ed.2d 698 (1969); United States v. Johnson, 345 F. 2d 457 (6th Cir.), cert. denied, 382 U.S. 836, 86 S.Ct. 83, 15 L.Ed.2d 79 (1965); Spindler v. United States, 336 F. 2d 678 (9th Cir. 1964), cert. denied, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965). The controlling principle in this Circuit is that violation of an order directing that witnesses be sepa- i [*836] rated does not automatically bar a witness’ testimony. United States v. Bostic, 327 F. 2d 983 (…
• United States v. Cozzetti, 441 F.2d 344 (9th Cir. 1971)
  …rt has upheld the permitting of witnesses to testify who have been exposed to the testimony of other witnesses in violation of a court order, Spindler v. United States (9 Cir. 1964) 336 F. 2d 678, 682, cert. denied sub nom. Richard v. United States, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965); Weedlin v. United States (9 Cir. 1967) 380 F. 2d 657, 660, and has indicated that “unless the violation has somehow so discredited the witness as to render his testimony incredible as a matter of law he should n…
• United States v. Marson, 408 F.2d 644 (4th Cir. 1968)
  …Leggett, 326 F. 2d 613 (4 Cir. 1964) ; United States v. Johnson, 345 F. 2d 457 (6 Cir.), cert. denied, 382 U.S. 836, 86 S.Ct. 83, 15 L.Ed.2d 79 (1965) ; Spindler v. United States, 336 F. 2d 678 (9 Cir. 1964), cert. denied, Richards v. United States, 380 U.S. 909, 85 S.Ct. 894, 13 L.Ed.2d 797 (1965). Ordinarily the issue before this court would be whether the trial judge abused his discretion in permitting the bank employees to testify under these circumstances. But in this case we are faced with the prelimi…