LEVENTHAL

v.

REISER ET AL.

Citator

Cited By

• United States v. Taylor, 800 F.2d 1012 (10th Cir. 1986)
  …herefore not invoked. See also, United States v. Surridge, 687 F. 2d [*1016] 250, 254-55 (8th Cir.), cert. denied, 459 U.S. 1044, 103 S.Ct. 465, 74 L.Ed.2d 614 (1982). In United States v. Franklin, 704 F. 2d 1183, 1189-90 (10th Cir.), cert. denied, 464 U.S. 845, 104 S.Ct. 146, 78 L.Ed.2d 137 (1983), we held that under Henry and Massiah, Franklin’s right to counsel was not violated when his statement to a Government informant was neither deliberately elicited nor made to a Government agent. After he was arr…
• Whitworth Bros. Storage Co. v. Central States, 794 F.2d 221 (6th Cir. 1986)
  …mployer administering an employee health benefit program.” Also at odds with Fentron is the Second Circuit’s decision in Pressroom Unions Printers League Income Security Fund v. Continential Assurance Co., 700 F. 2d 889, 892 (2d Cir.), cert. denied, 464 U.S. 845, 104 S.Ct. 148, 78 L.Ed.2d 138 (1983), in which the court, rejecting the Fentron analysis, declined to construe section 502 as allowing a fund or plan to maintain an action under ERISA. The court observed that “[i]t is beyond dispute that only Congr…
• Shoppin' BAG OF Pueblo, Inc. v. Dillon Cos., Inc., 783 F.2d 159 (10th Cir. 1986)
  …ed the evidence on Fed.R.Evid. 403 grounds. Under Rule 403, the trial court has broad powers of discretion in assessing the probative versus the prejudicial value of evidence. United States v. Franklin, 704 F. 2d 1183, 1187 (10th Cir.) cert. denied, 464 U.S. 845, 104 S.Ct. 146, 78 L.Ed.2d 137 (1983). In light of such broad discretion, we cannot overturn an evidentiary ruling unless that discretion has been clearly abused. Harris, supra, at 1369. Here, because the FTC investigation was terminated shortly af…