FARINELLA ET AL.

v.

UNITED STATES

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. 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…
• United States v. Dara, 429 F.2d 513 (5th Cir. 1970)
  …t). Each was also acquitted on a conspiracy count and two substantive count's of violating that Act. In Esperti v. United States, 5 Cir. 1969, 406 F. 2d 148, we affirmed the judgments of conviction. Certiorari was denied. Farinella v. United States, 394 U.S. 1000, 89 S.Ct. 1591, 22 L.Ed.2d 777, rehearing denied, 395 U.S. 954, 89 S.Ct. 2013, 23 L.Ed.2d 473. The appellants then filed a motion for new trial in the District Court on the basis of newly discovered evidence, which was denied. A supplemental motion…