Dr. Wilber R. Whitsell & Jon Whitsell v. The Pampa Indep. Sch. Dist., 439 F.2d 1198 (5th Cir. 1971). · Go Syfert
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Dr. Wilber R. Whitsell & Jon Whitsell v. The Pampa Indep. Sch. Dist., 439 F.2d 1198 (5th Cir. 1971). Cases Citing This Book View Copy Cite
57 citation events (6 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. John Walsh (ca2, 1999-10-19) · Strongest negative: United States v. Sten Thordarson, Martin Fry, Craig Dunbar, Martin Salgado, and Charles Wise (ca9, 1981-05-20)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "but see" United States v. Sten Thordarson, Martin Fry, Craig Dunbar, Martin Salgado, and Charles Wise (2×)
9th Cir. · 1981 · signal: but see · confidence high
But see United States v. Silverman, 430 F.2d 106, 117-18, 126-27 (2nd Cir.), modified on other grounds, 439 F.2d 1198 (1970), cert. denied, 402 U.S. 953 , 91 S.Ct. 1619 , 29 L.Ed.2d 123 (1971) (Judge Moore suggests lack of actual union benefit, and not a lack of belief in union benefit, is required if authorization is present; Judges Friendly and Hays agree arguendo ) Like Judge Larson, we are "not certain why courts began to add new elements to § 501(c) crimes," Marolda, 615 F.2d at 873 , but we suspect that the procedural posture of each case has had an effect.
cited Cited "see" United States v. John Walsh
2d Cir. · 1999 · signal: see · confidence high
See United States v. Silverman, 430 F.2d 106, 110 (2d Cir.) (listing these three functions), modified, 439 F.2d 1198 (2d Cir.1970), cert. denied, 402 U.S. 953 , 91 S.Ct. 1619 , 29 L.Ed.2d 123 (1971).
discussed Cited "see" State v. Bell
N.H. · 1984 · signal: see · confidence high
See United States v. Garguilo, 554 F.2d 59, 63 (2d Cir. 1977) (quoting United States v. Silverman, 430 F.2d 106, 110 (2d Cir.), modified on other grounds, 439 F.2d 1198 (1970), cert. denied, 402 U.S. 953 (1971), in turn quoting Russell v. United States, 369 U.S. 749, 793 (1962) (Harlan, J., dissenting)) (“A material variance occurs only if ‘the prosecutor has attempted to rely at the trial upon theories and evidence that were not “fairly embraced in the charges made in the indictment.’””).
discussed Cited "see, e.g." United States v. Crowley
E.D.N.Y · 1999 · signal: see also · confidence low
Compliance with Rule 7(c) fulfills the Sixth Amendment right to be informed of the nature and cause of the accusation; it prevents a person from being subject to double jeopardy as required by the Fifth Amendment; and it serves the Fifth Amendment protection *154 against prosecution for crimes based on evidence not presented to the grand jury- United States v. Walsh, 194 F.3d 87, 44 (2d Cir.1999) (quotation marks omitted); see also United States v. Silverman, 430 F.2d 106, 110 (2d Cir.1970) (analyzing sufficiency of the indictment to “insure that the defendant [was] not tried upon a theory o…
discussed Cited "see, e.g." United States v. Harry Seidman (2×)
4th Cir. · 1998 · signal: see also · confidence low
Villegas v. United States, 423 U.S. 853 , 96 S.Ct. 100 , 46 L.Ed.2d 78 (1975); see also United States v. Silverman, 430 F.2d 106, 113 (2d Cir.) ("It was the plain intention of Congress to hold officers and employees strictly responsible as fiduciaries for the union funds entrusted to them ....”) (citation omitted) (Moore, J. dissenting), modified on other grounds, 439 F.2d 1198 (1970), and cert. denied, 402 U.S. 953 , 91 S.Ct. 1619 , 29 L.Ed.2d 123 (1971).
cited Cited "see, e.g." United States v. Barbara Nolan and Nhg Pension Associates, Inc., August Mezzetta Gb Resources, Inc. And Gotham Associates, Ltd. Partnership
2d Cir. · 1998 · signal: see, e.g. · confidence low
See, e.g., United States v. Silverman, 430 F.2d 106 (2d Cir.), modified, 439 F.2d 1198 (1970), cert. denied, 402 U.S. 953 , 91 S.Ct. 1619 , 29 L.Ed.2d 123 (1971).
discussed Cited "see, e.g." United States of America, Cross-Appellant v. Walter J. Butler, Cross-Appellee
2d Cir. · 1992 · signal: see also · confidence low
See United States v. Ottley, 509 F.2d 667, 671 (2d Cir.1975); see also United States v. Silverman, 430 F.2d 106, 127 (2d Cir.), modified on other grounds, 439 F.2d 1198 (2d Cir.1970), cert. denied, 402 U.S. 953 , 91 S.Ct. 1619 , 29 L.Ed.2d 123 *119 (1971). 2 To phrase it in the negative, authorization by the union or the trustees of a fund will not absolve a union official or fund trustee from criminal liability where that individual, acting with the intent to deprive the union of its property, lacks a good-faith belief that the expenditure is for the benefit of the union.
Retrieving the full opinion text from the archive…
Dr. Wilber R. WHITSELL and Jon Whitsell, Plaintiffs-Appellants,
v.
the PAMPA INDEPENDENT SCHOOL DISTRICT Et Al., Defendants-Appellees
30624_1.
Court of Appeals for the Fifth Circuit.
Mar 11, 1971.
439 F.2d 1198
Ross N. Buzzard, Pampa, Tex., for appellants., Don R. Lane, Malcolm C. Douglass, Pampa, Tex., for appellees.
Jones, Bell, Simpson.
Cited by 7 opinions  |  Published
PER CURIAM:

This is another appeal involving the validity of a high school dress code which includes a length of hair rule. The underlying suit arose out of a conflict between the school and a parent who contends that it is his “ * * * prerogative to decide how my son dresses and how he cuts his hair.” See Wood v. Alamo Heights Independent School District, 5 Cir., 1970, 433 F.2d 355; Stevenson v. Wheeler County Bd. of Educ., 5 Cir., 1970, 426 F.2d 1154, cert. denied, 400 U.S. 957, 91 S.Ct. 355, 27 L.Ed.2d 265 (1970); Griffin v. Tatum, 5 Cir., 1970, 425 F.2d 201; Davis v. Firment, 5 Cir., 1969, 408 F.2d 1085; Ferrell v. Dallas Independent School District, 5 Cir., 1968, 392 F.2d 697, cert. denied, 393 U.S. 856, 89 S.Ct. 98, 21 L.Ed.2d 125, 126.

The opinion of the district court, which includes findings of fact and conclusions of law sustaining the validity of the code and thus the suspension of the student, is reported. Whitsell v. Pampa Independent School District, N.D. Texas, 1970, 316 F.Supp. 852. The record is ample to demonstrate the necessary nexus between the code, including the hair regulation, and the maintenance of school discipline and the prevention of interference with the educational environment. The findings of fact being supported and the conclusions of law not being inconsistent with the appertaining law, it follows that the judgment of the district court should stand.

Affirmed.

Judge SIMPSON reserves the right to file a dissenting opinion.