SMITH

v.

JAMES IRVINE FOUNDATION ET AL.

Citator

Cited By

• Bailey v. Meister Brau, Inc., 535 F.2d 982 (7th Cir. 1976)
  …subsequent breach or other such act by the third party, and (4) damage to plaintiff. See e. g., Mellor v. Budget Advisors, Inc., 415 F. 2d 1218, 1221 (7th Cir. 1969); Republic Gear Co. v. Borg-Warner Corp., 406 F. 2d 57, 61 (7th Cir.), cert. denied, 394 U.S. 1000, 89 S.Ct. 1596, 22 L.Ed.2d 777 (1969); General Capital Corp. v. U. S. Family Sporting Goods, Inc., 351 F.Supp. 364, 367 (N.D.Ill. 1972). Bailey I, supra, at 877. . The court below cited Frank Rosenberg, Inc. v. Carson Pine Scott & Co., 28 Ill.2d 5…
• United States v. Mitchell, 463 F.2d 187 (8th Cir. 1972)
  …l with unfair labor practices so affecting interstate commerce.” (Emphasis added.) See also Nick v. United States, 122 F. 2d 660 (8th Cir. 1941); Esperti v. United States, 406 F. 2d 148, 150 (5th Cir. 1969), cert. denied, Farinella v. United States, 394 U.S. 1000, 89 S.Ct. 1591, 22 L.Ed.2d 777. Mitchell argues also that the government failed to establish that he had made any threats of physical violence. The record belies this claim. The evidence of threats of physical violence was strong and convincing. F…
• United States v. Horton, 526 F.2d 884 (5th Cir. 1976)
  …their investigation, to refresh the memories of those witnesses at the time of trial. Appellant’s contention is answered by this Court’s opinion in Esperti v. United States, 406 F. 2d 148, 150-51 (5th Cir.), cert. denied, Farinella v. United States, 394 U.S. 1000, 89 S.Ct. 1591, 22 L.Ed.2d 777 (1969). It is hornbook law that any writing may be used to refresh the recollection of a witness. See Wigmore, Evidence § 758. This is true even where the [*889] document itself would be inadmissible as evidence. Will…