SLOTNICK

v.

STAVISKEY ET AL.

Citator

Cited By (36 total)

• In re the Complaint of William McLINN v. The F/V Fjord, 739 F.2d 1395 (9th Cir. 1984)
  …y state Supreme Court, Court of Appeals would defer to conclusion reached by district judge whose service as state and federal judge had made him familiar with the laws of the state. — U.S. v. Burnsed, 566 F. 2d 882, certiorari denied 98 S.Ct. 1270, 434 U.S. 1077, 55 L.Ed.2d 784. C.A.S.D. 1983. District court’s determination of state law is not binding on Court of Appeals. — Kotval v. Gridley, 698 F. 2d 344. C.A.S.D. 1980. In a diversity case, the Court of Appeals gives great weight to the district court’s…
• Elliott v. Leander H. Perez, Jr., 751 F.2d 1472 (5th Cir. 1985)
  …wing of actual discriminatory intent); Cook v. Whiteside, 505 F. 2d 32 (5th Cir. 1974) (complaint insufficient to state a claim under § 1983 where it failed to allege facts). See also Slotnick v. Staviskey, 560 F. 2d 31 (1st Cir.1977), cert. denied, 434 U.S. 1077, 98 S.Ct. 1268, 55 L.Ed.2d 783 (1978) (complaints cannot survive motion to dismiss if they contain conclusory allegations but do not support their claims with references to material facts), cited with approval in Sparks v. Duval County Ranch Co., 60…
• United States v. Houshang Sheikh, 654 F.2d 1057 (5th Cir. 1981)
  …o require that prejudice to the defendant attendant to a joint trial be balanced against the interests of judicial economy to determine whether severance ought to be granted. United States v. Garza, 563 F. 2d 1164, 1166 (5th Cir. 1977), cert. denied 434 U.S. 1077, 98 S.Ct. 1268, 55 L.Ed.2d 783 (1978). The degree to which prejudice may be lessened by other remedial court action should also be considered. Id. Thus, the complaining party should be granted relief on appeal only upon a showing of compelling prej…