NATIONAL AUTO BROKERS CORP. ET AL.

v.

GENERAL MOTORS CORP. ET AL.

Citator

Cited By (15 total)

• United States v. Escalante, 637 F.2d 1197 (9th Cir. 1980)
  …public justice would otherwise be defeated. . . . [T]he power ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes” . United States v. Klein, 582 F. 2d 186, 190 (2d Cir. 1978), cert. denied, 439 U.S. 1072, 99 S.Ct. 843, 59 L.Ed.2d 38 (1979), quoting United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824). A trial judge properly exercises his discretion in declaring a mistrial when the jury cannot reach an impartial verdict, or a verdi…
• Hastings v. Maine-Endwell Cent. Sch. Dist., 676 F.2d 893 (2d Cir. 1982)
  …ue process rights. . . . ” Hastings I at 2. Further, the School District, relying on the rationale of the district court in Zarcone v. Perry, 438 F.Supp. 788, 791 (E.D. N.Y.1977), aff’d on other grounds, 581 F. 2d 1039 (2d Cir. 1978), cert, denied, 439 U.S. 1072, 99 S.Ct. 843, 59 L.Ed.2d 38 (1979), argues that attorney’s fees may not be granted in a § 1983 action unless the suit has advanced the interest of either the public or an identifiable group. When Zarcone was appealed, however, this Court affirmed t…
• United States v. Major Becton, 632 F.2d 1294 (5th Cir. 1980)
  …permissible. Thus, we contemplate just such a “thinly disguised attempt to turn this [Abney] appeal into a plenary review of his first trial” as the Second Circuit rebuffed in United States v. Klein, 582 F. 2d 186, 196 (2d Cir. 1978), cert. denied, 439 U.S. 1072, 99 S.Ct. 843, 59 L.Ed.2d 342 (1979). We conclude we must do likewise. It should be borne in mind that we do not confront the issue of reviewability; it is not an open question in this circuit that precisely this issue is subject to review on appea…