COMMUNITY NUTRITION INSTITUTE ET AL.

v.

YOUNG, COMMISSIONER OF FOOD AND DRUG ADMINISTRATION, ET AL.

Citator

Cited By (32 total)

• Lester v. City OF Chicago, 830 F.2d 706 (7th Cir. 1987)
  …hocks the conscience.” (Transcript 337.) Mrs. Lester challenges only the third quoted instruction. The district court took the language in that instruction almost verbatim from Gumz v. Morrissette, 772 F. 2d 1395, 1400 (7th Cir.1985), cert. denied, 475 U.S. 1123, 106 S.Ct. 1644, 90 L.Ed.2d 189 (1986). (We will refer to this instruction as the “Gumz instruction.”) In Gumz, the majority3 employed a Fourteenth Amendment substantive due process analysis to analyze an excessive force in arrest claim.4 The Gumz m…

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• Sierra Club v. Thomas, 828 F.2d 783 (D.C. Cir. 1987)
  …F. 2d 70 (D.C.Cir.1984). . Sierra Club v. Thomas, supra note 26, slip op. at 3. . TRAC, 750 F. 2d at 74-75 & n. 21. . Id. at 75 (emphasis in original). See Community Nutrition Institute v. Young, 773 F. 2d 1356, 1361 (D.C.Cir.1985), cert. denied, 475 U.S. 1123, 106 S.Ct. 1642, 90 L.Ed.2d 187 (1986). . 42 U.S.C. § 7607(b)(1), which, in relevant part, provides that "[a] petition for review of ... any ... nationally applicable regulations promulgated, or final action taken, by the [EPA] Administrator under…
• United States v. Nigel Winfield, 960 F.2d 970 (11th Cir. 1992)
  …n of the tax occurs when false statements are made to the IRS after the tax was due, and an allegation to that effect satisfies the affirmative act element of the crime. See United States v. Edwards, 777 F. 2d 644, 650 (11th Cir.1985), cert. denied, 475 U.S. 1123, 106 S.Ct. 1644, 90 L.Ed.2d 189 (1986) (affirmative act as an essential element). In light of this rule, there is no merit to Winfield’s assertion that Count 2 of the indictment failed to allege a felony, rather than merely a misdemeanor in which no…