BABB

v.

MARELLI, TRUSTEE

Citator

Cited By (29 total)

• United States v. Delay, 500 F.2d 1360 (8th Cir. 1974)
  …dence, he maintains, that evidence is insufficient to prove intent. As authority for that position, he relies on Opper v. United States, 348 U.S. 84, 75 S.Ct. 158, 99 L.Ed. 101 (1954) and Gay v. United States, 408 F. 2d 923 (8th Cir.), cert. denied, 396 U.S. 823, 90 S.Ct. 65, 24 L.Ed.2d 74 (1969). Delay’s argument, however, is deficient. The corroboration requirement in federal court is explicated in Wong Sun v. United States, 371 U.S. 471, 489-490 n. 15, 83 S.Ct. 407, 418, 9 L.Ed.2d 441 (1963): Where the…
• United States v. Schrenzel, 462 F.2d 765 (8th Cir. 1972)
  …the rule is that every variance or error does not require reversal. So long as the variance does not affect the substantial rights of the defendant, the variance is immaterial. Gay v. United States, 408 F. 2d 923, 928 (8th Cir. 1969), cert. denied, 396 U.S. 823, 90 S. Ct. 65, 24 L.Ed.2d 74 (1969).3 The essence of the indictment against Schrenzel was that he “wilfully, knowingly and unlawfully” sold stimulant drugs, as defined by 21 U.S.C. § 321 (v) (2). All of the drugs described at trial as sold by the d…
• Nat'l Labor Relations Bd. v. Intertherm, Inc., 596 F.2d 267 (8th Cir. 1979)
  …ning how they would vote in the upcoming consent election. Admittedly, such interrogation constitutes a violation of the Act absent unusual circumstances. N. L. R. B. v. Harry F. Berggren & Sons, Inc., 406 F. 2d 239, 243-46 (8th Cir.), cert. denied, 396 U.S. 823, 90 S.Ct. 64, 24 L.Ed.2d 74 (1969); N. L. R. B. v. Louisiana Mfg. Co., supra, 374 F. 2d at 700-01. But Intertherm management took prompt and effective steps to remedy this violation which, in our opinion, make superfluous and counterproductive the B…