HANIGAN ET AL.
v.
UNITED STATES

U.S. | 1980-05-19
No. 79-1609
446 U.S. 953 Supreme Court of the United States (1980) Positive Treatment
Cited by 45 cases

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Cited By (44 total)

  • Am. Fed'n of Gov't Emps. v. Joella DeGRIO, 454 So. 2d 632 (Fla. 3d DCA 1984)
    …is not the exclusive bargaining representative of a union member, there is no statutory duty of fair representation owed by the union to that member. See Archer v. Airline Pilots Association International, 609 F. 2d 934 (9th Cir.1979), cert. denied, 446 U.S. 953, 100 S.Ct. 2920, 64 L.Ed.2d 810 (1980). In the present ease, it is undisputed that DeGrio was not a member of the exclusive bargaining unit. Therefore, she could have chosen anyone she wished to represent her at the hearing. The AFGE was not her ex…
  • United States v. Young, 745 F.2d 733 (2d Cir. 1984)
    …denied, — U.S. —, 104 S.Ct. 133, 134, 283, 78 L.Ed.2d 128, 128, 261 (1983). It is equally well-settled that because “[a] conspiracy by its very nature is a secretive operation”, United States v. Provenzano, 615 F. 2d 37, 45 (2d Cir.), cert, denied, 446 U.S. 953, 100 S.Ct. 2921, 64 L.Ed.2d 810, 459 U.S. 858 (1980), and because intent and knowledge are subjective facts, see United States v. Sheiner, 410 F. 2d 337, 340 (2d Cir.), cert, denied, 396 U.S. 825, 859, 90 S.Ct. 68, 127, 24 L.Ed.2d 76, 110 (1969), th…
  • United States v. Terry, 702 F.2d 299 (2d Cir. 1983)
    …5 U.S. 915, 100 S.Ct. 1274, 63 L.Ed.2d 599 (1980). Once a conspiracy has been proved to exist, the evidence needed “to link another defendant with it need not be overwhelming.” United States v. Provenzano, 615 F. 2d 37, 45 (2d Cir.), cert. denied, 446 U.S. 953, 100 S.Ct. 2921, 64 L.Ed.2d 810 (1980) (quoting United States v. Head, 546 F. 2d 6, 9-10 (2d Cir. 1976), cert. denied, 430 U.S. 931, 97 S.Ct. 1551, 51 L.Ed.2d 775 (1977)). Notwithstanding this lower standard the government must nonetheless show a “…

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