SPIEGLE ET UX.

v.

BOROUGH OF BEACH HAVEN

Citator

Cited By (20 total)

• State v. Tsavaris, 382 So. 2d 56 (Fla. 2d DCA 1980)
  …a recording of a conversation could not be an interception if it was made by a party to the conversation or with his consent. Amsler v. United States, 381 F. 2d 37 (9th Cir. 1967); Glacy v. United States, 361 F. 2d 31 (1st Cir. 1966), cert, denied, 385 U.S. 831, 87 S.Ct. 69, 17 L.Ed.2d 67 (1966). These courts adopted the reasoning of the Carnes case that the only difference between a person testifying to a conversation in which he participated and the introduction of a recording of the conversation is that…
• Carter v. Seamans, 411 F.2d 767 (5th Cir. 1969)
  …at bar. Cf. Robertson v. Chambers, 341 U.S. 37, 71 S.Ct. 547, 95 L.Ed. 726 (1951). But cf. Roberts v. Vance, 119 U.S.App.D.C. 367, 343 F. 2d 236 (1964). . Prairie Band of Pottawatomie Tribe of Indians v. Udall, 355 F. 2d 364 (10 CA), cert. denied, 385 U.S. 831, 87 S.Ct. 70, 17 L.Ed.2d 67 (1966); White v. Administrator, 343 F. 2d 444 (9 CA 1965); Smith v. United States, 333 F. 2d 70 (10 CA 1964); Massachusetts v. Connor, 248 F.Supp. 656 (D.Mass.), aff’d per curiam, 366 F. 2d 778 (1 CA 1966); Application of…
• The State Hwy. Comm'n OF Mo. v. Volpe, 479 F.2d 1099 (8th Cir. 1973)
  …difficulty with mandamus is the judicial gloss requiring that the duty sought must be a positive command so plainly defined as to be free from doubt. Prairie Band of Pottawatomie Tribe of Indians v. Udall, 355 F. 2d 364 (10 Cir. 1966), cert. denied, 385 U.S. 831, 87 S. Ct. 70, 17 L.Ed.2d 67. As the Supreme Court has stated, “where the duty . . . depends upon a statute or statutes the construction or application of which is not free from doubt, it is regarded as involving the character of judgment or discret…