Hamilton v. United States, 429 F.2d 427 (2d Cir. 1970). · Go Syfert
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Hamilton v. United States, 429 F.2d 427 (2d Cir. 1970). Cases Citing This Book View Copy Cite
60 citation events across 23 distinct courts.
Strongest positive: Archie Dale Carson v. United States (ca5, 1977-10-11)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" Archie Dale Carson v. United States
5th Cir. · 1977 · signal: see · confidence high
See Hamilton v. United States, 309 F.Supp. 468 (S.D.N.Y.1969), aff’d 429 F.2d 427 (2d Cir. 1970), cert. denied, 401 U.S. 913 , 91 S.Ct. 881 , 27 L.Ed.2d 812 (1971).
cited Cited "see, e.g." James Edward Carlson v. James R. Schlesinger, Secretary of Defense
D.C. Cir. · 1975 · signal: see also · confidence low
See also Dash v. Commanding General, 307 F.Supp. 849 (D.S.C.1969), aff’d, 429 F.2d 427 (4th Cir. 1970), cert. denied, 401 U.S. 981 , 91 S.Ct. 1192 , 28 L.Ed.2d 333 (1971) .
discussed Cited "see, e.g." William Allen Hough v. Dr. Robert Seaman
4th Cir. · 1974 · signal: see also · confidence low
See, also, Dash v. Commanding General, Fort Jackson, South Carolina (D.C.S.C. 1969) 307 F.Supp. 849, 853 , aff. 4 Cir., 429 F.2d 427 , cert. denied 401 U.S. 981 , 91 S.Ct. 1192 , 28 L.Ed.2d 333 : “ * * * ‘servicemen have all the protections of the Bill of Rights except such as are expressly or by necessary implication not applicable by reason of the peculiar circumstances of the military.’ ” .
discussed Cited "see, e.g." Carlson v. Schlesinger
D.D.C. · 1973 · signal: see also · confidence low
See also Dash v. Commanding General, Fort Jackson, South Carolina, 307 F.Supp. 849 (D.S.C.1969) aff’d 429 F.2d 427 (4th Cir. 1970) where several enlisted men challenged a regulation restricting the right to distribute ' anti-war leaflets on a military installation.
Retrieving the full opinion text from the archive…
Dennis Hamilton
v.
United States of America, Edward J. Fitzgerald, Jr., District Director of Internal Revenue for the District of Manhattan, and Randolph W. Thrower, Commissioner of Internal Revenue of the United States of America
34574.
Court of Appeals for the Second Circuit.
Aug 28, 1970.
429 F.2d 427
Cited by 3 opinions  |  Published

429 F.2d 427

70-2 USTC P 15,957

Dennis HAMILTON, Plaintiff-Appellant,
v.
UNITED STATES of America, Edward J. Fitzgerald, Jr.,
District Director of Internal Revenue for the District of
Manhattan, and Randolph W. Thrower, Commissioner of Internal
Revenue of the United States of America, Defendants-Appellees.

No. 755, Docket 34574.

United States Court of Appeals, Second Circuit.

Argued May 5, 1970.
Decided Aug. 28, 1970.

Appeal from orders denying motion for preliminary injunction and dismissing the complaint.

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.[1]

Godfrey H. Murrain, New York City (Stephen L. Fine, Lubell, Lubell, Fine & Schaap, New York City, on the brief), for plaintiff-appellant.

Brian J. Gallagher, Asst. U.S. Atty. (Whitney North Seymour, Jr., U.S. Atty. for Southern District of New York, and T. Gorman Reilly, Asst. U.S. Atty., on the brief), for defendants-appellees.

PER CURIAM:

1

Hamilton was convicted of gambling charges after arrests on July 22, 1957; September 16, 1959; November 10, 1959; November 6, 1961; and finally on May 21, 1965. He sought to enjoin the collection of a deficiency assessment based on an estimate of his income from July 1, 1961 through May 21, 1965, on the basis of three days receipts during May 1965, evidence of which had been seized during the execution of search warrants for three separate places of business operated by Hamilton in Manhattan and the Bronx. We affirm for the reasons stated in Judge Mansfield's opinion, 309 F.Supp. 468 (S.D.N.Y.1969) which, among other things, pointed out that the facts differ in important respects from those which we consider dispositive in Pizzarello v. United States, 408 F.2d 579 (1969), cert. den. 396 U.S. 986, 90 S.Ct. 481, 24 L.Ed.2d 450 (1970).

1

Sitting by designation