A. O. SMITH CORP.
v.
NOTTELSON ET AL.; AND SMITH STEEL WORKERS D.A.L.U. 19806, AFL-CIO V. NOTTELSON ET AL.

U.S. | 1981-11-09
Nos. 81-97; No. 81-323
Justice Brennan and Justice Marshall would grant certiorari.
454 U.S. 1046 Supreme Court of the United States (1981) Positive Treatment
Cited by 16 cases

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Cited By (16 total)

  • United States v. McLERNON, 746 F.2d 1098 (6th Cir. 1984)
    …ict court erred in instructing the jury on his affirmative defense of withdrawal from the conspiracy. The court instructed the jury in accordance with this Circuit’s decision in United States v. Battista, 646 F. 2d 237, 246 (6th Cir.), cert. denied, 454 U.S. 1046, 102 S.Ct. 586, 70 L.Ed.2d 488 (1981) that the burden is on the defendant to establish such withdrawal. Yaqui does not quarrel with this Circuit’s well-established allocation of the burden of proof on the issue of withdrawal. He contends rather that…
  • United States v. Warner, 690 F.2d 545 (6th Cir. 1982)
    …s was the lifestyle rather than the profit. We find that the prosecutor’s remarks, when viewed in this context, were properly responsive to the arguments of Schrock’s attorney. United States v. Battista, 646 F. 2d 237, 244 (6th Cir.), cert. denied, 454 U.S. 1046, 102 S.Ct. 586, 70 L.Ed.2d 488 (1981). Again, we note that there was no objection by defense counsel. United States v. Renfro, 600 F. 2d 55, 59 (6th Cir.), cert. denied, 444 U.S. 941, 100 S.Ct. 294, 62 L.Ed.2d 307 (1979); United States v. Black, 4…
  • Angeline S. Protos v. Volkswagen OF Am., Inc., 797 F.2d 129 (3d Cir. 1986)
    …onality of § 701(j). All have upheld it. See, e.g., McDaniel v. Essex International, Inc., 696 F. 2d 34, 37 (6th Cir. 1982); Tooley, 648 F. 2d at 1244-46; Nottelson v. Smith Steel Workers D.A.L.U., 643 F. 2d 445, 453-55 (7th Cir.1981), cert. denied, 454 U.S. 1046, 102 S.Ct. 587, 70 L.Ed.2d 488 (1981); Hardison v. Trans World Airlines, Inc., 527 F. 2d 33, 43-44 (8th Cir.1975), rev’d on other grounds, 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977). These courts have declared that the statute works to protec…

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