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Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Boots
the scope of fraud under these statutes is broader than common law fraud, and ... no misrepresentation of fact is required
discussed
Cited "see"
United States v. Sawyer
See McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786, 791-92 (1st Cir.) (explaining that mail fraud requires both deceit and deprivation), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); D’Amato, 39 F.3d at 1257 (explaining that "the deceit must be coupled with a contemplated harm to the victim”) (quotation and citation omitted). 13 .
discussed
Cited "see"
Mobil Exploration & Producing U.S., Inc. v. Babbitt
See Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 152 , and n. 1 (D.C.Cir.), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990) (drawing distinction between procedural challenges to agency action, which must be brought within statutory review period or be forever barred, and substantive challenges, which are not subject to such a restriction); N.L.R.B.
discussed
Cited "see"
United States v. Neufeld
See McEvoy Travel Bureau v. Heritage Travel, Inc., 904 F.2d 786, 791 (1st Cir.1990) (“[T]he scheme must be intended to deceive another, by means of false or fraudulent pretenses, representations, promises, or other deceptive conduct”) (emphasis in original), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990).
discussed
Cited "see"
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, Edison Electric Institute, Intervenors
(2×)
See Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 150 (D.C.Cir.) ("If in proposing a rule the agency uses language that can reasonably be read as an invitation to comment on portions the agency does not explicitly propose to change, or if in responding to comments the agency uses language that shows that it did in fact reconsider an issue, a renewed challenge to the underlying rule or policy will be allowed."), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990). .
discussed
Cited "see"
United States v. Billy F. March, A/K/A Joe Clark \Blood
See Towne v. Dugger, 899 F.2d 1104, 1107, 1110 (11th Cir.) (“officer, what do you think about whether I should get a lawyer?” is equivocal request), cert. denied, 498 U.S. 991 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); Norman v. Ducharme, 871 F.2d 1483, 1486 (9th Cir.1989) (asking “if he should see a lawyer” not a request), cert. denied, 494 U.S. 1031 , 110 S.Ct. 1483 , 108 L.Ed.2d 619 (1990); see also de la Jara, 973 F.2d at 750-51 (stating that Norman would control if defendant had asked “Should I call my lawyer?”)..
discussed
Cited "see"
Volmar Distributors, Inc. v. New York Post Co., Inc.
See McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786, 792 (1st Cir.), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990) (alleged kickbacks in violation of federal law were not deceptive because they did not induce plaintiff to give, up its exclusive dealership).
discussed
Cited "see"
United States v. Gary P. Kammerud
See United States v. Towne, 899 F.2d 1104, 1108 (11th Cir.), cert. denied, 111 S.Ct. 536 (1990); United States v. Gotay, 844 F.2d 971, 975 (2d Cir.1988); United States v. Fouche, 833 F.2d 1284, 1287 (9th Cir.1987), cert. denied, 486 U.S. 1017 (1988); United States v. Porter, 776 F.2d 370 (1st Cir.1985); Nash v. Estelle, 597 F.2d 513 (5th Cir.1979) (en banc), cert. denied, 444 U.S. 981 (1979); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976).
discussed
Cited "see"
J.B. Parker v. Harry K. Singletary, Secretary, Florida Department of Corrections
See Towne v. Dugger, 899 F.2d 1104, 1110-11 (11th Cir.) ("[The officers] admit that they did nothing to clarify whether Towne wanted to have an attorney present_ Instead, [one officer] further intimidated Towne by making accusatory statements_”), cert. denied, — U.S. -, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); United States v. Cherry, 733 F.2d 1124, 1131 (5th Cir.1984) ("[A]fter Cherry had made an equivocal request for counsel, Cherry did not volunteer his confession; rather, he responded to questions posed by his interrogators.
discussed
Cited "see"
Craig v. State
See Towne v. Dugger, 899 F.2d 1104 (11th Cir.1990), cert. denied, ___ U.S. ___, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); Thompson v. State, 595 So.2d 16 (Fla. 1992). [1] Any such error was, however, rendered harmless by a subsequent statement in which he admitted that he was the actual shooter.
discussed
Cited "see"
Wind River Mining Corporation v. United States of America Manuel Lujan, Jr. Delos Jacobson, Director of the Bureau of Land Management
(2×)
See Public Citizen v. Nuclear Regulatory Comm'n, 901 F.2d 147, 152 (D.C.Cir.) (substantive challenge may come after limitations period by filing petition to rescind regulations and appealing the denial of the petition), cert. denied, --- U.S. ----, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); Commonwealth Edison Co. v. United States Nuclear Regulatory Comm'n, 830 F.2d 610, 613-16 (7th Cir.1987) (limitations period cutting off pre-enforcement review of regulation does not prevent court from reviewing substance of regulation when applied); Functional Music, Inc. v. FCC, 274 F.2d 543, 546-47 (D.C.Cir.…
discussed
Cited "see, e.g."
Wasserman v. Maimonides Medical Center
See, e.g., McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786 (1st Cir.), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990); United States v. Lew, 875 F.2d 219 (9th Cir.1989); United States v. Shelton, 848 F.2d 1485 (10th Cir.1988).
discussed
Cited "see, e.g."
Kelley v. Selin
See also Public Citizen v. Nuclear Regulatory Comm'n, 901 F.2d 147, 151 (D.C.Cir.) (holding that agency's decision to reconsider a rule three years after it was first promulgated prompted a new period for judicial review), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990).
discussed
Cited "see, e.g."
Kelley v. Selin
See also Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 151 (D.C.Cir.) (holding that agency's decision to reconsider a rule three years after it was first promulgated prompted a new period for judicial review), cert. denied, 498 U.S. 992 , 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990).
discussed
Cited "see, e.g."
Concerned Citizens Of Nebraska (Ccn) v. United States Nuclear Regulatory Commission
See, e.g., Public Citizen v. Nuclear Regulatory Comm'n, 901 F.2d 147, 152 (D.C.Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990) 7 Other courts have rejected similar arguments that the Ninth Amendment embodies a fundamental right to a contamination-free environment.
cited
Cited "see, e.g."
Concerned Citizens of Nebraska v. United States Nuclear Regulatory Commission
See, e.g., Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 152 (D.C.Cir.), cert. denied, — U.S. —, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990). .
discussed
Cited "see, e.g."
Michael Anthony Jewelers, Inc. v. Peacock Jewelry, Inc.
See Corcoran v. American Plan Corp., 886 F.2d 16, 19-20 (2d Cir.1989); United States v. Evans, 844 F.2d 36, 39-40 (2d Cir.1988) (noting that “If a scheme to defraud must involve the deceptive obtaining of property, the conclusion seems logical that the deceived party must lose some money or property”); see also McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786 , 794 n. 13 (1st Cir.), cert. denied, — U.S. -, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990) (citing the Corcoran dicta with approval).
cited
Cited "see, e.g."
Cooperativa Ahorro Y Credito Aguada v. Kidder, Peabody & Co.
See, e.g., McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786 (1st Cir.), cert. denied, — U.S. —, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990).
discussed
Cited "see, e.g."
Mylan Laboratories, Inc. v. Akzo, N.V.
See also McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc., 904 F.2d 786, 792-3 (1st Cir.1990), cert. den. — U.S. -, 111 S.Ct. 536 , 112 L.Ed.2d 546 (1990) (quoting Corcoran v. American Plan Corp., 886 F.2d 16, 20-1 (2d Cir.1989): “mail fraud statute protects only the government’s interest as a property-holder, excluding protection of an governmental entity in its capacity as regulator”).
Retrieving the full opinion text from the archive…
Dugger, Secretary, Florida Department of Corrections
v.
Towne
v.
Towne
No. 90-345.
Supreme Court of the United States.
Nov 26, 1990.
Published
Citer courts: First Circuit (1)
C. A. 11th Cir. Motion of re[*992] spondent for leave to proceed in forma pauperis granted. Cer-tiorari denied.