PELTZMAN

v.

NATIONAL LABOR RELATIONS BOARD; LOWRY ET AL. V. UNITED STATES; BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSN. V. UNITED STATES; NEWBERN, EXECUTRIX, ET AL. V. ALABAMA; ESTES V. NORTHCROSS ET AL.; NASH V. TEXAS; MURRAY V. CITY OF CINCINNATI; CALDRONE V. GAFFNEY, WARDEN; MARTINEZ V. MANCUSI, CORRECTIONAL SUPERINTENDENT; WETTEROFF ET AL. V. GRAND, TRUSTEE; PICKING V. YATES ET AL.; ALLARD V. UNITED STATES; FERGUSON V. VIRGINIA; ROBINSON V. UNITED STATES; NEELY V. FIELD, U. S. DISTRICT JUDGE, ET AL.; MORAN V. TUITION PLAN OF NEW HAMPSHIRE, INC.; MCCLURE V. SALVATION ARMY; ROTHMAN ET AL. V. UNITED STATES; UNITED STATES V. INTERSTATE COMMERCE COMMISSION (ACE DORAN HAULING CO. CASE)

Citator

Cited By

• United States ex rel. Francisco Martinez v. Warden James A. Thomas, 526 F.2d 750 (2d Cir. 1975)
  …he available attorney’s opinion as to his or her preparedness vel non, compare Rastrom v. Robbins, supra, with United States ex rel. Martinez v. Mancusi, 455 F. 2d 705 (2 Cir.), cert. denied, 409 U.S. 959, 93 S.Ct. 273, 34 L.Ed.2d 228, reh’g denied, 409 U.S 1050, 93 S.Ct. 532, 34 L.Ed.2d 503 (1972). Of key significance, of course, is any evidence on the record that the waiver is voluntary, or that “the defendant understood that he had a choice between proceeding pro se and with assigned counsel, . . . the…
• Mares v. Marsh, 777 F.2d 1066 (5th Cir. 1985)
  …d the hybrid Spirides test.2 We agree with this applica [*1068] tion of Spirides which we find in accord with our precedent. McClure v. Salvation Army, 460 F. 2d 553 (5th Cir.), cert. denied, 409 U.S. 896, 93 S.Ct. 132, 34 L.Ed.2d 153, reh’g denied, 409 U.S. 1050, 93 S.Ct. 513, 34 L.Ed.2d 504 (1972). In McClure, we observed that employee status must turn on the facts of each case. In our examination of the various indicia of employment, we focused on the alleged employer’s right of control. We found that Mc…