MICHAEL SCHIAVONE & SONS, INC.

v.

UNITED STATES

Citator

Cited By

• Precious Metals Assocs., Inc. v. Commodity Futures Trading Comm'n, 620 F.2d 900 (1st Cir. 1980)
  …ent agency smells a rat, the agency must exterminate it forthwith or allow it the run of the public’s house in perpetuo.” United States v. Michael Schiavone & Sons, Inc., 430 F. 2d 231, 233 (1st Cir. 1970), appeal dismissed for want of jurisdiction, 396 U.S. 275, 90 S.Ct. 565, 24 L.Ed.2d 466 (1975). A delay of five months is not inordinate in the context of this case. See Silverman v. Commodity Futures Trading Com’n, 549 F. 2d 28, 34 (7th Cir. 1977), where a two-year delay in prosecution was found not unrea…
• United States v. Imperial Irrigation Dist., 595 F.2d 525 (9th Cir. 1979)
  …land below market price — is evident. If the benefits are pecuniary only, the substantial benefits theory may be unavailable. See Vincent v. Hughes Air West, Inc., 557 F. 2d 759, 768-69 & n.7 (9th Cir. 1977). But see Mills v. Electric Auto-Lite Co., 396 U.S. 275, 394 & n.19, 93 S.Ct. 1943, 36 L.Ed.2d 102 (1970) (approving cases applying theory to pecuniary benefits). We assume without deciding that appellants’ success in this case will produce non-pecuniary as well as pecuniary benefits, and that the substa…
• United States v. Michael Schiavone & Sons, Inc., 430 F.2d 231 (1st Cir. 1970)
  …ailroad, in violation of the Elk-ins Act, 49 U.S.C. § 41(3), when it purchased certain property from the Railroad for less than the fair market value. United States v. Michael Schiavone & Sons, Inc., 304 F.Supp. 773 (D.Mass. 1969), appeal dismissed, 396 U.S. 275, 90 S.Ct. 565, 24 L.Ed.2d 466 (1970). On May 1, 1957, Schiavone, a dealer in scrap metal, and the Railroad entered a ten-year lease of the Railroad’s Mystic Wharf property in Charlestown, Massachusetts. The rent was set forth as Schiavone’s obligat…