FAIL

v.

SEARS, ROEBUCK & CO.

Citator

Cited By

• Keithley Edwards v. Born, 792 F.2d 387 (3d Cir. 1986)
  …comports with the rule that a district court’s determination of local law is entitled to a measure of deference on appeal where there is no clear local authority. See, e.g., People of Guam v. Fejeran, 687 F. 2d 302, 303 (9th Cir.1982), cert. denied, 460 U.S. 1045, 103 S.Ct. 1444, 75 L.Ed.2d 800 (1983) (District of Guam); Garcia v. Friesecke, 597 F. 2d 284, 295 (1st Cir.1979) (District of Puerto Rico). We find that enforcing settlement agreements on the basis of apparent authority is consistent with the princ…
• United States v. Baker, 985 F.2d 1248 (4th Cir. 1993)
  ….1971)). The district court has no discretion to refuse to give a lesser-included instruction if the evidence warrants the instruction and the defendant requests it. See Guam v. Fejeran, 687 F. 2d 302, 305 (9th Cir.1982) (per curiam), cert. denied, 460 U.S. 1045, 103 S.Ct. 1444, 75 L.Ed.2d 800 (1983); see also United States v. Gibbs, 904 F. 2d 52, 58 (D.C.Cir.1990) (“ ‘A defendant is entitled to an instruction on a lesser included offense if there is any evidence fairly tending to bear upon the lesser inclu…
• United States v. Roston, 986 F.2d 1287 (9th Cir. 1993)
  …tute sufficient provocation to reduce second-degree murder to voluntary manslaughter. See, e.g., Stevenson v. United States, 162 U.S. 313, 320, 16 S.Ct. 839, 841, 40 L.Ed. 980 (1896); Guam v. Fejeran, 687 F. 2d 302, 306 (9th Cir.1982), cert. denied, 460 U.S. 1045, 103 S.Ct. 1444, 75 L.Ed.2d 800 (1983). But the provocation must be sufficient to "arouse a reasonable and ordinary person to kill someone." Wagner, 834 F. 2d at 1487. Here there was evidence of a prolonged struggle. When Roston reported his wife h…