ZWEIG ET AL.

v.

CALIFORNIA

Citator

Cited By

• RED Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981)
  …dispositive of this issue is the Supreme Court’s dismissal of the appeal in People v. Kirkpatrick, 32 N.Y.2d 17, 343 N.Y.S.2d 70, 295 N.E. 2d 753 (1973), appeal dismissed for want of a substantial federal question sub nom., Kirkpatrick v. New York, 414 U.S. 948, 94 S.Ct. 283, 38 L.Ed.2d 204 (1974). Kirkpatrick and his co-defendants were convicted of violating New York’s obscenity statute, which contains statutory presumptions identical to §§ 43.23(e) & (f). On appeal, Kirkpatrick contended: (1) there was…
• Nat'l R.R. Passenger Corp. v. Harris, 490 F.2d 572 (10th Cir. 1974)
  …crees. 354 F. Supp. 887, 893, 894 (1972). Amtrak’s first issue based on its claimed exemption from Oklahoma law was raised and decided adversely to it in National Railroad Passenger Corporation v. Miller, 358 F.Supp. 1321 (D.C.Kan., 1973), affirmed, 414 U.S. 948, 94 S.Ct. 285, 38 L.Ed.2d 205 (1973). It is therefore without merit. We likewise find no merit in Amtrak’s second contention. At the outset the Court’s circumvention of the anti-injunction statute, 28 U.S.C. § 2283, as the appellants noted, may wel…
• Young v. Abrams, 698 F.2d 131 (2d Cir. 1983)
  …tantial evidence presented by the prosecution. See, e.g., People v. Kirkpatrick, 32 N.Y.2d 17, 26, 343 N.Y.S.2d 70, 77, 295 N.E. 2d 753, 758 (quoting Smith v. California, 361 U.S. 147, 154, 80 S.Ct. 215, 219, 4 L.Ed.2d 205 (1959)), appeal dismissed, 414 U.S. 948, 94 S.Ct. 283, 38 L.Ed.2d 204 (1973): “ ‘Eyewitness testimony of a bookseller’s perusal of a book hardly need be a necessary element in proving his awareness of its contents. The circumstances may warrant the inference that he was aware of what a bo…