GREGORY MARKETING CORP. ET AL.

v.

WAKEFERN FOOD CORP. ET AL.

Citator

Cited By (15 total)

• The United States v. Am. Invs. OF Pittsburgh, Inc., 879 F.2d 1087 (3d Cir. 1989)
  …favorable light to the government. In order to prove a conspiracy, the government must show an agreement to commit an unlawful act combined with intent to commit the underlying offense. United States v. Kapp, 781 F. 2d 1008 (3d Cir.), cert. denied, 479 U.S. 821, 107 S.Ct. 87, 93 L.Ed.2d 40 (1986). The elements of [*1101] the conspiracy can be proven entirely through circumstantial evidence. The existence of the conspiracy can be inferred from evidence of related facts and circumstances which demonstrate th…
• United States v. Torres, 862 F.2d 1025 (3d Cir. 1988)
  …ch lead reasonably and logically to the conclusion that the activities of the participants would not have occurred as they did absent a preconceived scheme or common understanding. United States v. Kapp, 781 F. 2d 1008, 1010 (3d Cir.), cert. denied, 479 U.S. 821, 107 S.Ct. 87, 93 L.Ed. 2d 40 (1986). [*1028] The record shows that defendant lived and worked near the location where the cocaine was being sold, an area notorious for drug offenses. Both the intersection and the two other participants’ conduct cou…
• United States v. Santos, 932 F.2d 244 (3d Cir. 1991)
  …y under the legal standards that Santos requested. See United States v. Kapp, 781 F. 2d 1008, 1013 (3d Cir.) (“Clearly a defendant is entitled to a jury instruction on a theory of defense whenever some evidence supports that theory_”), cert. denied, 479 U.S. 821, 107 S.Ct. 87, 93 L.Ed.2d 40 (1986). Thus, we must decide whether the district court’s failure to charge the jury on these two points is grounds for granting Santos a new trial. We have written that “[a]n appellate court’s function when reviewing j…