MOORE

v.

CALIFORNIA

Citator

Cited By

• Moore v. DeYOUNG, 515 F.2d 437 (3d Cir. 1975)
  …-den, we affirmed the denial of habeas corpus where the petitioner, prior to trial, advanced the same argument as Moore does here. In that case, Matzner v. Davenport, 288 F.Supp. 636 (D.N.J. 1968), aff’d, 410 F. 2d 1376 (3d Cir. 1969), cert. denied, 396 U.S. 1015, 90 S.Ct. 570, [*447] 24 L.Ed.2d 506 (1970), the Court held the petition to be premature and quoted with approval the following language from United States ex rel. Lowry v. Case, 283 F.Supp. 744 (E.D.Pa.1968): “ . . . the petition is premature. I h…
• Alexander v. Harris, 595 F.2d 87 (2d Cir. 1979)
  …icate where petition was entirely devoid of merit); Matzner v. Davenport, 288 F.Supp. 636 (D.N.J.1968) (no certificate where court cannot conceive of any meritorious ground for appeal), aff’d per curiam, 410 F. 2d 1376 (3rd Cir. 1969), cert. denied, 396 U.S. 1015, 90 S.Ct. 570, 24 L.Ed.2d 506 (1970); United States v. Reeves, 246 F.Supp. 599 (S.D.N.Y. 1965) (something more than a frivolous assertion even though there may be no substantial difference of opinion under 28 U.S.C. § 1292(b)). See also Strode v. Mi…
• Piggly Wiggly v. Nat'l Labor Relations Bd., 705 F.2d 1537 (11th Cir. 1983)
  …that the filing with the resident office did not constitute a filing with the Regional Office. The District of Columbia Circuit enforced the Board’s order and affirmed its decision. Henry I. Siegel, Inc. v. NLRB, 417 F. 2d 559 (1969), cert. denied, 396 U.S. 1015, 90 S.Ct. 556, 24 L.Ed.2d 506 (1970). The Board’s refusal in Henry I. Siegel to agree with the trial examiner’s position on the filing with the resident office — which was the same position that Piggly Wiggly urges us to adopt in this litigation — s…