NEWLAND

v.

INDIANA

Citator

Cited By (25 total)

• United States v. Gaston Gerald, 624 F.2d 1291 (5th Cir. 1980)
  …edy. The intention of the rule is to serve the ends of justice; therefore it is invoked “only in exceptional circumstances [where necessary] to avoid a miscarriage of justice”. Eaton v. United States, 398 F. 2d 485, 486 (5th Cir.1968), cert. denied, 393 U.S. 937, 89 S.Ct. 299, 21 L.Ed.2d 273. To establish extortion under 18 U.S.C. § 1951 the government must prove the requisite effect on interstate commerce. The statute is violated if the defendant attempts an extortion which, if successful, would “in any w…
• Hendry v. United States, 418 F.2d 774 (2d Cir. 1969)
  …ual on board would not be inimical to the security of the United States” has been held discretionary. Dupree v. United States, 247 F. 2d 819, 822 (3 Cir. 1957). And in Coastwise Packet Co. v. United States, 398 F. 2d 77, 79 (1 Cir.), cert, denied, 393 U.S. 937, 89 S.Ct. 300, 21 L.Ed.2d 274 (1968), the court found discretion in the Coast Guard’s decision not to license a ship as seaworthy, stating that: Plaintiff’s is not a case where there was a single, known, objective standard which, because of adminis…
• Myers & Myers, Inc. v. United States Postal Serv., 527 F.2d 1252 (2d Cir. 1975)
  …within the § 2680(a) exception from jurisdiction where negligence in the performance of a discretionary function is alleged. Scanwell Laboratories, Inc. v. Thomas, supra; Coastwise Packet Co. v. United States, 398 F. 2d 77 (1st Cir.), cert. denied, 393 U.S. 937, 89 S.Ct. 300, 21 L.Ed.2d 274 (1968) (negligent delay in certifying a schooner for passenger trade did not give cause of action where issuance of certificate discretionary); Smith v. United States, 375 F. 2d 243 (5th Cir.), cert. denied, 389 U.S. 84…