green
Positive treatment
Quoted verbatim 2×
9.4 score
G Cite
cited 2× by 1 distinct case, last quoted 1982 ·
…relevancy and materiality are not pertinent to subpoena enforcement.
⚠ not in text
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "but see"
In Re Grand Jury Proceedings (Gj90-2)
But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975) (holding that the statute’s 30 day provision is mandatory and may not be extended; and dicta that it may not be extended by release from incarceration).
discussed
Cited "but see"
Constitutionality of a Judicial Review Provision Providing for Automatic Affirmance of Agency Decisions
But see In re Berry, 521 F.2d 179,181 (10th Cir.) (dictum that 30-day rule is mandatory), cert, denied, 423 U.S. 928 (1975). 16 T he Brainer court stated: In determ ining w hether the Speedy T rial Act disrupts the constitutional balance between C on gress an d the courts, “th e proper in q u iry focuses on the extent to w hich (the Act] prevents the [Judiciary] from accomplishing its constitutionally assigned functions.” A considerable degree o f congressional intervention in ju d ic ia l adm inistration is constitutionally perm issible if such intervention is “ju stifie d by an o v e…
examined
Cited as authority (quoted)
In re Delaware Public Schools Litigation
all citizens have in fact benefited from the vindication of constitutional principles, the 'common benefit' theory would merge into the 'private attorney general' approach, which . . . has been rejected by the court in .
examined
Cited as authority (quoted)
In Re Special Grand Jury No. 81-1 (Leon D. Harvey)
(2×)
relevancy and materiality are not pertinent to subpoena enforcement.
discussed
Cited "see"
State v. Tate
(2×)
The term has been described as “a situation in which regard for one duty tends to lead to [the] disregard of another.” State v. Reddick, 230 Neb. 218, 222 , 430 N.W.2d 542, 545 (1988); see Gardner v. Nashville Housing Authority, 514 F.2d 38 (6th Cir.), cert. denied, 423 U.S. 928 , 96 S.Ct. 274 , 46 L.Ed.2d 255 (1975).
discussed
Cited "see"
In Re Grand Jury Proceedings
See Matter of Berry, 521 F.2d 179, 184 (10th Cir.1975), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975), reh’g denied, 423 U.S. 1039 , 96 S.Ct. 577 , 46 L.Ed.2d 414 (1975) (faced with a similar “takings” argument, the court summarily rejected this and other arguments as being frivolous, despite failing to directly address the Fifth Amendment issue).
cited
Cited "see"
United States v. Marlon Louis Johnson, Timothy Duane Neal, Witness-Appellant
See In re Berry, 521 F.2d 179, 181 (10th Cir.), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975).
discussed
Cited "see"
Britton v. United States
See Satoskar v. Indiana Real Estate Commission, 517 F.2d 696, 698 (7th Cir.) (“The standards for bad faith are necessarily stringent.”), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975).
cited
Cited "see"
Matter of Pernell
See Matter of Berry, 521 F.2d 179 (10th Cir. 1975), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975), reh. denied, 423 U.S. 1039 , 96 S.Ct. 577 , 46 L.Ed.2d 414 (1975).
cited
Cited "see"
Bailey v. Meister Brau
See Satoskar v. Indiana Real Estate Commission, 517 F.2d 696 (7th Cir.), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975).
cited
Cited "see"
Bailey v. Meister Brau, Inc.
See Satoskar v. Indiana Real Estate Commission, 517 F.2d 696 (7th Cir.), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975).
cited
Cited "see, e.g."
In Re Sealed Case
See, e.g., In re Berry, 521 F.2d 179, 181 (10th Cir.) (per curiam), cert. denied, 423 U.S. 928 , 96 S.Ct. 276 , 46 L.Ed.2d 256 (1975).
Retrieving the full opinion text from the archive…
Gardner
v.
Nashville Housing Authority of the Metropolitan Government of Nashville and Davidson County, Tennessee
v.
Nashville Housing Authority of the Metropolitan Government of Nashville and Davidson County, Tennessee
No. 75-259.
Supreme Court of the United States.
Nov 3, 1975.
Cited by 20 opinions | Published
Citer courts: Fourth Circuit (2) · Supreme Court of Delaware (1)
C. A. 6th Cir. Certiorari denied.