AMERICAN BILTRITE, INC., ET AL.

v.

UNITED STATES ET AL.

Citator

Cited By (77 total)

• John H. Harland Co. v. Clarke Checks, Inc., 711 F.2d 966 (11th Cir. 1983)
  …llenged instruction as part of the entire charge, in view of the allegations of the complaint, the evidence presented, and the arguments of counsel, to determine whether the jury was misled and whether the jury understood the issues”), cert. denied, 435 U.S. 952, 98 S.Ct. 1580, 55 L.Ed.2d 802 (1978); see also Shelak v. White Motor Co., 581 F. 2d 1155, 1160-61 (5th Cir.1978). Moreover, Clarke’s proffered instruction contained an incorrect definition of functionality. The proffered instruction stated: “When…
• Huddleston v. Herman & MacLEAN, 640 F.2d 534 (5th Cir. 1981)
  …70 F. 2d 523, 527 (5th Cir. 1978); Dupuy v. Dupuy, 551 F. 2d 1005, 1014 (5th Cir.), cert. denied, 434 U.S. 911, 98 S.Ct. 312, 54 L.Ed.2d 197 (1977); First Virginia Bankshares v. Benson, 559 F. 2d 1307, 1314-15 (5th Cir. 1977), cert. denied sub nom., 435 U.S. 952, 98 S.Ct. 1580, 55 L.Ed.2d 802 (1978). See generally 5 A. Jacobs, The Impact of Rule 10b-5 § 36, at 2-1 & n. 14 (Supp. 1980). This court has also formulated the elements of the Section 10(b) claim as follows: (1) conduct by the defendants proscr…

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• United States v. Jannotti, 673 F.2d 578 (3d Cir. 1982)
  …ants agree that had the government moved from the verbal ruse that its agents were in the hotel construction business to the more concrete action of embarking on that venture; see United States v. Gambino, 566 F. 2d 414 (2d Cir. 1977), cert. denied, 435 U.S. 952, 98 S.Ct. 1580, 55 L.Ed.2d 802 (1978), the jurisdictional requirement would have been met. However, we see no reason to interpret Congress’ legislative power as dependent upon whether the F.B.I. agents actually contract for a hotel site, purchase ma…

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