O'HAIR ET AL.

v.

HILL ET AL.

Citator

Cited By

• United States v. Certain Real Prop. & Premises Known AS 38 Whalers Cove Drive, 954 F.2d 29 (2d Cir. 1992)
  …to serve proper civil purposes. Levin’s point here is not that Section 881(a)(7) is properly read as a penal, rather than civil, enactment, see generally United States v. Ward, 448 U.S. 242, 248, 100 S.Ct. 2636, 2641, 65 L.Ed.2d 742, reh’g denied, 448 U.S. 916, 101 S.Ct. 37, 65 L.Ed.2d 1179 (1980); United States v. $2500 in U.S. Currency, 689 F. 2d 10, 14 (2d Cir.1982), cert. denied, 465 U.S. 1099, 104 S.Ct. 1591, 80 L.Ed.2d 123 (1984), but rather that the application of the statute in the circumstances o…
• Roach v. The Nat'l Transp. Safety Bd., 804 F.2d 1147 (10th Cir. 1986)
  …n, apply to the hearing. Id. “[T]he question of whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction.” United States v. Ward, 448 U.S. 242, 248,100 S.Ct. 2636, 2641, 65 L.Ed.2d 742, reh. denied, 448 U.S. 916, 101 S.Ct. 37, 65 L.Ed.2d 1179 (1980): “Our inquiry in this regard has traditionally proceeded on two levels. First, we have set out to determine whether Congress, in establishing the penalizing mechanism, indicated either expressly or impliedly a…
• Schwinn Bicycle Co. v. Ross Bicycles, Inc., 870 F.2d 1176 (7th Cir. 1989)
  …osed findings and recommendation, that serves as the findings of fact and conclusions of law in this case pursuant to Rule 52(a), Fed.R.Civ.P. In United States v. Raddatz, 447 U.S. 667, 681-82, 100 S.Ct. 2406, 2415, 65 L.Ed.2d 424, rehearing denied, 448 U.S. 916, 101 S.Ct. 36, 65 L.Ed.2d 1179 (1980), the Supreme Court explained § 636 stating: " ‘[t]he authority — and the responsibility — to make an informed final determination ... remains with the judge.’ ” Id. (editing in original) (quoting Mathews v. Webe…