KURTZ
v.
BAKER, SECRETARY OF THE TREASURY, ET AL.

U.S. | 1988-06-13
No. 87-1581
Justice White would grant certiorari.
486 U.S. 1059 Supreme Court of the United States (1988) Positive Treatment
Cited by 5 cases

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  • …ry has been demonstrated by a causal relationship between the harm and the challenged aspect of the alleged violation, standing analysis is employed to search for the most effective plaintiff from among those who have suffered loss.”), cert. denied, 486 U.S. 1059, 108 S.Ct. 2830, 100 L.Ed.2d 930 (1988). See generally Page, The Scope of Liability for Antitrust Violations, 37 Stan.L.Rev. 1445, 1483-85 (1985). The close connection between them has, however, been underscored recently. See Areeda & Turner, Antitr…
  • United States v. Haddock, 956 F.2d 1534 (10th Cir. 1992)
    …ng § 1014”; capacity to influence is the correct test); Theron v. United States Marshal, 832 F. 2d 492, 497 (9th Cir.1987) (“A statement concerns a material fact when the statement has the capacity to influence the lending decision.”), cert. denied, 486 U.S. 1059, 108 S.Ct. 2830, 100 L.Ed.2d 930 (1988); United States v. McGee, 831 F. 2d 670, 671 (6th Cir.1987) (statement is material if it has “the capacity to influence a reasonable lender”); Ryan, 828 F. 2d at 1018 (“it is enough that the statement is of a t…
  • United States v. Heath, 970 F.2d 1397 (5th Cir. 1992)
    …ce, or was capable of influencing the decision of” the lending institution. Kungys v. United States, 485 U.S. 759, 770, 108 S.Ct. 1537, 1546, 99 L.Ed.2d 839 (1988); Theron v. United States Marshal, 832 F. 2d 492, 496-97 (9th Cir.1987), cert. denied, 486 U.S. 1059, 108 S.Ct. 2830, 100 L.Ed.2d 930 (1988). The highrise misrepresentation was necessary to the $11.2 million appraisal which, in turn, was necessary to PRC’s procuring the loan from Guaranty. We conclude, therefore, that the statement was material to…

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