green
Positive treatment
Quoted verbatim 1×
7.4 score
“the deprivation of the right to bid on government contracts is not a property interest.”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Sekermestrovich v. Jones
the deprivation of the right to bid on government contracts is not a property interest.
discussed
Cited "see"
United States v. Arena
He does not dispute that the alleged crimes were related to interstate commerce. *587 Courts have interpreted the language the Hobbs Act very broadly, holding that “property” includes “any valuable right considered as a source or element of wealth,” including a right to solicit business, Town of West Hartford v. Operation Rescue, 915 F.2d 92, 101 (2d Cir.1990), cert. denied, — U.S. -, 113 S.Ct. 66 , 121 L.Ed.2d 33 (1992), and interpreting “obtaining” such that there “is no requirement that the perpetrator of an extortion receive the benefit of his act.” Id.; see United States…
discussed
Cited "see"
Grosz v. State of Ind.
See Transco Sec., Inc. v. Freeman, 639 F.2d 318 (6th Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 101 , 70 L.Ed.2d 90 (1981); Old Dominion Dairy Prods., Inc. v. Secretary of Defense, 631 F.2d 953 (D.C.Cir.1980); Clark v. City of Kansas City, 1989 WL 156799 (D.Kan.1989).
cited
Cited "see"
United States v. Richard Stolfi and Frank Casalino
See United States v. Clemente, 640 F.2d 1069, 1078-79 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981); United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938).
discussed
Cited "see"
People v. Pratt
(2×)
See United States v. Clemente, 640 F.2d 1069 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981) (Questioning of the defendant about his filing of false loan applications is permitted under FRE 608, but the admission of fraudulent loan applications into evidence was erroneous because specific instances of conduct cannot be proved by extrinsic evidence.
cited
Cited "see"
State v. Hudnall
See State v. Bretz, 394 So.2d 245 (La.1981), cert. denied 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
cited
Cited "see"
State v. Douget
See State v. Bretz, 394 So.2d 245 (La.1981), cert. denied 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
cited
Cited "see"
United States v. Willard S. Carlock, Sr., Mitchell J. Scimemi, Willard S. Carlock, Jr., and Columbus J. Laird
See United States v. Clem-ente, 640 F.2d 1069, 1078-80 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
cited
Cited "see"
State v. Williams
See State v. Bretz, 394 So.2d 245 (La.1981), cert. den., Bretz v. Louisiana, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
cited
Cited "see"
United States v. Santoro
See United States v. Clemente, 640 F.2d 1069, 1077 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
cited
Cited "see"
United States v. Gambale
See United States v. Clemente, 494 F.Supp. 1310, 1324 (S.D.N.Y.1980), affd, 640 F.2d 1069 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
discussed
Cited "see"
Carolyn Thomas v. Marion Barry
See American Federation of Government Employees, AFL-CIO v. Campbell, 659 F.2d 157 (D.C.Cir.1980), cert. denied, 454 U.S. 820 , 102 S.Ct. 103 , 70 L.Ed.2d 92 (1981); see also Local 2855, AFGE v. United States, 602 F.2d 574 (3d Cir.1979).
discussed
Cited "see"
City of West Chicago, Illinois v. United States Nuclear Regulatory Commission, Kerr-Mcgee Chemical Corporation, Intervening City of West Chicago v. United States Nuclear Regulatory Commission, Kerr-Mcgee Chemical Corporation and R.G. Page
See Transco Sec., Inc. v. Freeman, 639 F.2d 318, 323-324 (6th Cir.1981), certiorari denied, 454 U.S. 820 , 102 S.Ct. 101 , 70 L.Ed.2d 90 . 38 NRC seems to admit it has no regulations governing informal hearings, but argues that in this case at least the City had actual notice of the new procedures and an adequate opportunity to conform to them.
cited
Cited "see"
City of West Chicago v. United States Nuclear Regulatory Commission
See Transco Sec., Inc. v. Freeman, 639 F.2d 318, 323-324 (6th Cir.1981), certiorari denied, 454 U.S. 820 , 102 S.Ct. 101 , 70 L.Ed.2d 90 .
discussed
Cited "see, e.g."
De Falco v. Bernas
This Court affirmed Brecht's conviction for extortion by wrongful use of fear of economic loss because "the evidence showed that he obtained the $1,000 by the use of fear, attempting to convince the victim that he would be denied any chance to obtain a contract unless he paid." Id. at 52 ; see also United States v. Clemente, 640 F.2d 1069 , 1073 (2d Cir.) (nonpayment would lead to loss of existing carpentry account), cert. denied, 454 U.S. 820 (1981); United States v. Daley, 564 F.2d 645, 650 (2d Cir. 1977) (failure to provide free supplies and labor to union official would lead to loss of job…
discussed
Cited "see, e.g."
De Falco v. Bernas
This Court affirmed Brecht’s conviction for extortion by wrongful use of fear of economic loss because “the evidence showed that he obtained the $1,000 by the use of fear, attempting to convince the victim that he would be denied any chance to obtain a contract unless he paid.” Id. at 52 ; see also United States v. Clemente, 640 F.2d 1069, 1073 (2d Cir.) (nonpayment would lead to loss of existing carpentry account), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981); United States v. Daley, 564 F.2d 645, 650 (2d Cir.1977) (failure to provide free supplies and labor to unio…
discussed
Cited "see, e.g."
United States v. John Arena and Michelle Wentworth
See, e.g., United States v. Clemente, 640 F.2d 1069, 1079-80 (2d Cir.) (“[W]hether a Hobbs Act defendant personally receives any benefit from his alleged extortion is largely irrelevant for the purpose of determining guilt under that Act.”), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
discussed
Cited "see, e.g."
Abbs v. Sullivan
See, e.g., Transco Security, Inc. of Ohio v. Freeman, 639 F.2d 318, 321 (6th Cir.1981), cert. denied, 454 U.S. 820 , 102 S.Ct. 101 , 70 L.Ed.2d 90 (1981) (government contractors cannot be barred from dealing with government whether by suspension or debarment without provision of procedural safeguards); Old Dominion Dairy Products, Inc., 631 F.2d 953 (determination that company lacked integrity and denial of contract for supply of dairy products to military held to be unconstitutional when company not provided notice and opportunity to be heard on determination); Gonzalez v. Freeman, 334 F.2d 5…
discussed
Cited "see, e.g."
Town Of West Hartford v. Operation Rescue
(2×)
See, e.g., United States v. Clemente, 640 F.2d 1069, 1079-80 (2d Cir.) ("[W]hether a Hobbs Act defendant personally receives any benefit from his alleged extortion is largely irrelevant for the purpose of determining guilt under that Act."), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981). 87 Nonetheless, however broadly the statute is read, the term "property" cannot plausibly be construed to encompass altered official conduct.
discussed
Cited "see, e.g."
Town of West Hartford v. Operation Rescue
(2×)
See, e.g., United States v. Clemente, 640 F.2d 1069, 1079-80 (2d Cir.) (“[W]hether a Hobbs Act defendant personally receives any benefit from his alleged extortion is largely irrelevant for the purpose of determining guilt under that Act.”), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
discussed
Cited "see, e.g."
In Re Par Pharmaceutical, Inc. Securities Litigation
See, e.g., United States v. Clemente, 640 F.2d 1069 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981); United States v. Parness, 503 F.2d 430 (2d Cir.), cert. denied, 419 U.S. 1105 , 95 S.Ct. 775 , 42 L.Ed.2d 801 (1974); United States v. Chovanec, 467 F.Supp. 41 (S.D.N.Y. 1979); United States v. Castellano, 416 F.Supp. 125 (E.D.N.Y.1975); United States v. Amato, 367 F.Supp. 547 (S.D.N.Y.1973).
discussed
Cited "see, e.g."
O'malley v. New York City Transit Authority
United States v. O'Grady, 742 F.2d 682, 687 (2d Cir.1984) (emphasis omitted), quoting United States v. Margiotta, 688 F.2d 108, 130 (2d Cir.1982), cert. denied, 461 U.S. 913 , 103 S.Ct. 1891 , 77 L.Ed.2d 282 (1983); see also United States v. Clemente, 640 F.2d 1069, 1076 (2d Cir.) ("the use of wrongful means to achieve a wrongful objective"), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
discussed
Cited "see, e.g."
O'Malley v. New York City Transit Authority
United States v. O’Grady, 742 F.2d 682, 687 (2d Cir.1984) (emphasis omitted), quoting United States v. Margiotta, 688 F.2d 108, 130 (2d Cir.1982), cert. denied, 461 U.S. 913 , 103 S.Ct. 1891 , 77 L.Ed.2d 282 (1983); see also United States v. Clemente, 640 F.2d 1069, 1076 (2d Cir.) (“the use of wrongful means to achieve a wrongful objective”), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981).
discussed
Cited "see, e.g."
United States v. Guerrerio
Id.; United States v. Aloi, 449 F.Supp. 698, 739 (E.D.N.Y.1977); see also United States v. Clemente, 494 F.Supp. 1310, 1324-25 (S.D.N.Y.1980), aff'd, 640 F.2d 1069 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981) (severance to be granted only upon showing of substantial prejudice).
discussed
Cited "see, e.g."
United States v. Robert Capo, Tadeusz Snacki, A/K/A \Ted Snacki\"
(2×)
Id. at 133 (emphasis added); see also United States v. Clemente, 640 F.2d 1069, 1073 (2d Cir.) (nonpayment would lead to loss of existing carpentry account), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981); United States v. Daley, 564 F.2d 645, 650 (2d Cir.1977) (failure to provide free supplies and labor to union official would lead to loss of jobs and labor unrest), cert. denied, 435 U.S. 933 , 98 S.Ct. 1508 , 55 L.Ed.2d 530 (1978); Rastelli, 551 F.2d at 904-05 (failure of lunch truck suppliers to pay kickbacks to union official would lead to loss of union-members' business…
discussed
Cited "see, e.g."
Electro-Methods, Inc. v. The United States
See, e.g., Transco Sec., Inc. v. Freeman, 639 F.2d 318 (6th Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 101 , 70 L.Ed.2d 90 (1981) (due process not denied as regards Government’s denial of a hearing to a temporarily suspended contractor, where contractor nevertheless provided with opportunity to rebut charges); Horne Bros. v. Laird, 463 F.2d 1268 (D.C.Cir.1972) (due process denied where temporarily suspended contractor not given opportunity to rebut charges within 1 month of suspension). 11 .
discussed
Cited "see, e.g."
United States v. Michael A. Lipscomb
(2×)
See, e.g., United States v. Clemente, 640 F.2d 1069, 1082 (2d Cir.), cert. denied, 454 U.S. 820 , 102 S.Ct. 102 , 70 L.Ed.2d 91 (1981) (defendant, a longshoremen’s union official, denied receiving loans by reason of his union position, government then impeached him with a prior conviction for receiving such a loan from a waterfront businessman). .
Retrieving the full opinion text from the archive…
Manale
v.
United States
v.
United States
No. 80-1762.
Supreme Court of the United States.
Oct 5, 1981.
Published
Citer courts: Sixth Circuit (1)
C. A. 6th Cir. Certiorari denied.