MCGRATH

v.

KIRWAN

Citator

Cited By

• Lemelson v. TRW, Inc., 760 F.2d 1254 (Fed. Cir. 1985)
  …factual inferences as are material to the grant are not reviewed under the clearly erroneous standard, as if they were findings of fact made following a trial of issues. Silverstein v. United States, 419 F. 2d 999, 1001 (7th Cir.1969), cert. denied, 397 U.S. 1041, 90 S.Ct. 1362, 25 L.Ed.2d 652 (1970). As a district court has no genuine discretion in determining whether to grant summary judgment, Luckett v. Bethlehem Steel Corp., 618 F. 2d 1373, 1377 (10th Cir.1980), a reviewing court must determine de novo,…
• Equal Emp. Opportunity Comm'n v. Massey-Ferguson, Inc., 622 F.2d 271 (7th Cir. 1980)
  …laches were made in the context of the Company’s motion for partial summary judgment so the “clearly erroneous” standard is not an appropriate criterion of review. Silverstein v. United States, 419 F. 2d 999, 1001 n.3 (7th Cir. 1969), cert. denied, 397 U.S. 1041, 90 S.Ct. 1362, 25 L.Ed.2d 652 (1970). Rather, we must determine if the Company, as the moving party, met its burden of showing that there was no genuine issue as to any material fact. In doing so we must view the record and the inferences to be dra…
• United States v. Rodgers, 442 F.2d 902 (5th Cir. 1971)
  …United States, supra at 172-174, 69 S.Ct. 1302. Here Palmer testified that his informant was reliable, and provided a [*904] specific instance to corroborate his conclusion. See United States v. Johns, 5 Cir. 1970, 421 F. 2d 413, 415, cert. denied, 397 U.S. 1041, 90 S.Ct. 1362, 25 L.Ed.2d 652. Compare Draper v. United States, supra at 312-313, 79 S.Ct. 329, with Potter v. United States, 5 Cir. 1966, 362 F. 2d 493, 498. Moreover, prior to the search, federal agents substantiated each of the informant’s alle…