United States v. Freddie Clinton Ayers & Daniel Scott, 431 F.2d 486 (5th Cir. 1970). · Go Syfert
United States v. Freddie Clinton Ayers & Daniel Scott, 431 F.2d 486 (5th Cir. 1970). Cases Citing This Book View Copy Cite
16 citation events across 11 distinct courts.
Strongest positive: Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human Services (ca9, 1981-08-27)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human Services
9th Cir. · 1981 · confidence medium
Burrow v. Finch, 431 F.2d 486, 493 (8th Cir. 1970) (the “Act is a maze of complicated terms and cross references which can easily confuse the practicing attorney, much less the widow and child or other untrained beneficiaries”).
cited Cited as authority (rule) West Helena Savings & Loan Ass'n v. Federal Home Loan Bank Board
E.D. Ark. · 1976 · confidence medium
Ry., 274 F.2d 641, 656 (8th Cir. 1960), Burrow v. Finch, 431 F.2d 486, 492 (8th Cir. 1970).
discussed Cited as authority (rule) Bocian v. Mathews
N.D. Iowa · 1976 · confidence medium
The ALJ implicitly held that the applicant had made false, reckless or negligent statements, which are within the definition of “fault” under this section. 20 CFR § 404.507 ; Burrow v. Finch, 431 F.2d 486, 492-493 (8th Cir. 1970).
cited Cited as authority (rule) Goldfin v. Weinberger
E.D. Pa. · 1974 · confidence medium
For a discussion on the burden of proof as to a “without fault” contention, see footnote 5 of Burrow v. Finch, 431 F.2d 486, 491 (8th Cir. 1970).
discussed Cited as authority (rule) United States v. Lawrence P. Smith
8th Cir. · 1973 · confidence medium
In this situation, as we noted in Burrow v. Finch, 431 F.2d 486, 491, n. 5 (8th Cir. 1970), “Where the Secretary asserts the claim of overpayment by reason of ‘fault’ under § 404(b) . . . there is no logical reason why the party asserting the claim should not bear the traditional burden of proving it,” and proving it, by a party moving for summary judgment, means under the Rules of Civil Procedure, that he has the burden of showing the absence of a genuine issue as to any material fact.
cited Cited "see" Gross ex rel. Scott v. Harris
8th Cir. · 1981 · signal: see · confidence high
See Burrow v. Finch, 431 F.2d 486, 490-92 (8th Cir. 1970).
cited Cited "see, e.g." Blue Cross Ass'n v. Califano
W.D. Mo. · 1979 · signal: see also · confidence low
See also, Burrow v. Finch, 431 F.2d 486 , 492 (8th Cir. 1970, citing with approval Kandelin v. Kandelin, 45 F.Supp. 341 (E.D.N.Y.1942); aff’d sub nom.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff Appellee,
v.
Freddie Clinton AYERS and Daniel Scott, Defendants-Appellants
486.
Court of Appeals for the Fifth Circuit.
Sep 23, 1970.
431 F.2d 486
Bryce U. Graham, Tuscumbia, Ala., N. P. Callahan, Jr., Birmingham, Ala., for defendants-appellants., Wayman G. Sherrer, U. S. Atty., Melton L. Alexander, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.
Thornberry, Morgan, Clark.
Published
PER CURIAM:

Appellants Ayers and Scott were convicted after a jury trial of burglary of a United States Post Office in Waterloo, Alabama. Between them, they assign seven points of error on this appeal: (1) That the evidence was insufficient to sustain the jury verdict; (2) that a variation between the indictment and the proof at trial concerning the date of the crime violated their rights to due process of law; (3) that the evidence seized in a seárch of appellant Scott’s person was inadmissible because the search was in violation of the fourth amendment; (4) that appellant Ayers was denied the right of cross-examination at the trial; (5) that the government’s offer of a written statement of a witness, to which appellant’s objections were sustained and references to which the jury was instructed to disregard, was a “plain error” and prejudicial to the appellants; (6) that old coins found in the appellant Scott’s possession were inadmissible because not clearly identified; and (7) that the trial judge made a prejudicial remark to defense counsel in the presence of the jury and also admitted evidence prejudicial to appellants over their repeated objections.

We have carefully examined each of the appellants’ contentions in the light of the record and have found with respect to the first point that the evidence clearly supports the jury verdict, and with respect to the remaining six, that they are without merit.

Accordingly, we affirm.