RIVERS, EXECUTOR, ET AL.

v.

ROSENTHAL & CO.

Citator

Cited By (14 total)

• Hughes v. Idaho State Bd. OF Corr., 800 F.2d 905 (9th Cir. 1986)
  …gle. Id. (citing Gibson v. Spalding, 665 F. 2d 863, 865 (9th Cir.) (Sykes' interests in enforcing state contemporaneous objection rule not implicated in a procedural default consisting of a failure to raise an issue on appeal), vacated and remanded, 456 U.S. 968, 102 S.Ct. 2229, 72 L.Ed.2d 842 (1982); Meyers v. Washington, 646 F. 2d 355, 359 (9th Cir.1981) (Sykes’ considerations have no force in situations involving a failure to raise issues on appeal), vacated and remanded, 456 U.S. 921, 102 S.Ct. 1964, 72…
• Point Landing, Inc. v. Omni Cap. Int'l, Ltd., 795 F.2d 415 (5th Cir. 1986)
  …uisiana Blue Sky law. The district court dismissed the plaintiffs’ claims under the 1933 Act and under § 20 of the 1934 Act. The plaintiffs do not appeal from those dismissals. In Rivers v. Rosenthal & Co., 5 Cir.1980, 634 F. 2d 774, vacated, 1982, 456 U.S. 968, 102 S.Ct. 2228, 72 L.Ed.2d 841, this Court held that the CEA affords no implied private right of action. The plaintiffs’ original complaints therefore allege no violations of federal commodities law. While these actions were pending, the Supreme Co…
• Kan. Retail Trade Coop. v. Stephan, 695 F.2d 1343 (10th Cir. 1982)
  …, Inc. v. Tierney, 691 F. 2d 35 (1st Cir.1982). A drug paraphernalia law has been found to be unconstitutional in only one circuit, Record Revolution No. 6, Inc. v. City of Parma, 638 F. 2d 916, 934-936 (6th Cir.1980), [*1346] vacated and remanded, 456 U.S. 968, 102 S.Ct. 2227, 72 L.Ed.2d 840 (1982). The position of the Sixth Circuit in that case was that scienter coupled with the definition of drug paraphernalia would obviate the vagueness problem, but the designed for use language was vague, overbroad an…