FLEMING

v.

LEVY ET AL.

Citator

Cited By (11 total)

• United States v. Haddock, 956 F.2d 1534 (10th Cir. 1992)
  …did so for the purpose of influencing the bank’s action; 3) that the statement was false as to a material fact; and 4) that the defendant made the false statements knowingly. United States v. Smith, 838 F. 2d 436, 439 (10th Cir.1988), cert. denied, 490 U.S. 1036, 109 S.Ct. 1935, 104 L.Ed.2d 407 (1989). A. Failure to List the Line of Credit At trial, the government presented evidence—a resolution of First Finance dated February 13, 1987 (Government’s Exhibit 3)—indicating that First Finance already had ext…
• Equal Emp. Opportunity Comm'n v. Flasher Co., Inc., 986 F.2d 1312 (10th Cir. 1992)
  …ens, 874 F. 2d 1534, 1541 (11th Cir. 1989), or that the events occurred at different times when the company’s attitudes toward certain infractions were different,9 Grohs v. Gold Bond Bldg. Products, 859 F. 2d 1283, 1287 (7th Cir.1988), cert. denied, 490 U.S. 1036, 109 S.Ct. 1934, 104 L.Ed.2d 405 (1989), or that the individualized circumstances surrounding the infractions offered some mitigation for the infractions less severely punished,10 Brazer v. St. Regis Paper Co., 498 F.Supp. 1092, 1098 (M.D.Fla.1980),…
• McDONALD v. Myers, Sr., 946 F.2d 1059 (4th Cir. 1991)
  …ant part of a case, and, instead, the predominant issue is statutory interpretation. See H.C. Elliott, Inc. v. Carpenters Pension Trust Fund for Northern California, 663 F.Supp. 1016 (N.D.Cal.1987), aff'd, 859 F. 2d 808 (9th Cir.1988), cert. denied, 490 U.S. 1036, 109 S.Ct. 1934, 104 L.Ed.2d 406 (1989). As noted earlier the instant case does not fall within the statutory construction exception. It is, therefore, essentially a collection action. Thus, fees are mandatory. See e.g., Trustees of Amalgamated Ins…