UNITED STATES
v.
AN ARTICLE OF DRUG . . . BACTO-UNIDISK . . . ; FARINELLA ET AL. V. UNITED STATES; JESSY V. SUPERIOR COURT OF CALIFORNIA ET AL.; BULLIS V. HOCKER, WARDEN

U.S. | 1969-06-09
Nos. 343; No. 1126; No. 1713; No. 1732
395 U.S. 954 Supreme Court of the United States (1969) Positive Treatment
Cited by 6 cases

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  • United States v. Dara, 429 F.2d 513 (5th Cir. 1970)
    …ntive 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 for new trial, also based on newly discovered evidence, was sim…
  • …interpretation harmonious with the purpose of the statute. Gonzalez v. Young, 441 U.S. 600, 99 S.Ct. 1905, 60 L.Ed.2d 508 (1979); United States v. Article of Drug * * * Bacto-Unidisk, 394 U.S. 784, 89 S.Ct. 1410, 22 L.Ed.2d 726 (1969), reh’g denied, 395 U.S. 954, 89 S.Ct. 2013, 23 L.Ed.2d 473 (1969). When interpreting tax statutes, we must exercise great care in not according to some taxpayers “double-dips” and “windfalls.” I would hold, in the interest of statutory consistency, that a taxpayer suffers a…
  • Harry FOX Agency, Inc. v. Mills Music, Inc., 720 F.2d 733 (2d Cir. 1983)
    …music business, of a grant to a music publisher followed by subsequent grants to licensees by the publisher to creators of derivative works. United States v. Bacto-Unidisk, 394 U.S. 784, 799, 89 S.Ct. 1410, 1418, 22 L.Ed.2d 726 (1969), reh’g denied, 395 U.S. 954, 89 S.Ct. 2013, 23 L.Ed.2d 473 (1969). To reach these conclusions, we must, as the Supreme Court has reminded us in Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U.S. 630, 639, 101 S.Ct. 2061, 2066, 68 L.Ed.2d 500 (1981), ascertain the “…

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