FLINN ET AL.

v.

FMC CORP. ET AL.

Citator

Cited By (74 total)

• United States v. Santiago, 582 F.2d 1128 (7th Cir. 1978)
  …do not find that any change has been made because of Rule 104. A prima facie standard is used by the trial judge and the issue of admissibility is not submitted to the jury. United States v. Calaway, 524 F. 2d 609, 612 (9th Cir. 1975), cert. denied, 424 U.S. 967; Garbo v. United States, 314 F. 2d 718, 735-37 (9th Cir. 1963); United States v. Wood, 550 F. 2d 435, 442 (9th Cir. 1961).14 We do not find that the Rule 104 question has been specifically addressed in the Tenth Circuit. A rule similar to that prev…
• United States v. Giese, 597 F.2d 1170 (9th Cir. 1979)
  …d in not making an explicit finding of a prima facie case of his membership in the conspiracy. We have not required the trial court to make such an explicit finding, however. See United States v. Calaway, 524 F. 2d 609 (9th Cir. 1975), cert. denied, 424 U.S. 967, 96 S.Ct. 1462, 47 L.Ed.2d 733 (1976); United States v. Smith, 519 F. 2d 516 (9th Cir. 1975). Submission of the case to the jury, with instructions that it can consider co-conspirators’ statements, is an indication that the court has found independe…
• Rush Pettway v. Am. Cast Iron Pipe Co., 576 F.2d 1157 (5th Cir. 1978)
  …ached through a settlement by the litigants or whether the decree represents the judgment of the court. Compare Cotton v. Hinton, 559 F. 2d 1326, 1330-31 (5th Cir. 1977) (settlement); Flinn v. FMC Corp., 528 F. 2d 1169 (4th Cir. 1975), cert. denied, 424 U.S. 967, 96 S.Ct. 1462, 47 L.Ed.2d 734 (1976) (settlement); United States v. Allegheny-Ludlum Industries, [*1169] Inc., 517 F. 2d 826, 846-51 (5th Cir. 1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1684, 48 L.Ed.2d 187 (1976) (settlement); and Newman v. Stein…

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