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f2d_474/html/0006-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Gordon Fred JOHNSON, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Gordon Fred JOHNSON, Defendant-Appellant.:
[ "out of the jury’s presence as required by Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed. 2d 908 (1964).", "that in order to find that a defendant was denied effective assistance of counsel by virtue of a joint representation there must be a showing of a conflict of interest between the jointly represent...
0
Feb.
f2d_474/html/0008-01.html
YORK-SHIPLEY, INC., Plaintiff-Appellee, v. ATLANTIC MUTUAL INSURANCE COMPANY et al., Defendants-Appellants.
Choose the correct holding from YORK-SHIPLEY, INC., Plaintiff-Appellee, v. ATLANTIC MUTUAL INSURANCE COMPANY et al., Defendants-Appellants.:
[ "an ocean marine open cargo policy issued to it by the appellant, Atlantic Mutual Insurance Co., covering all of York-Shipley’s international shipments of “lawful goods and merchandise consisting princ", "this as a matter of statutory construction on the basis of a reading of the statute and the accompanying legi...
0
Feb.
f2d_474/html/0009-01.html
Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Im HATTON, Individually and doing business as Air Control Engineering Company, Defendant-Appellee.
Choose the correct holding from Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Im HATTON, Individually and doing business as Air Control Engineering Company, Defendant-Appellee.:
[ "the defendant was not within coverage of the Act and denied the requested relief. We reverse.\n\nDefendant-appellee Hatton is a sole proprietorship located in Alice, Texas.", "that its shipment across the particular states herein involved constituted a violation of 15 U.S. C. § 1172.", "that this rule denied t...
0
Feb.
f2d_474/html/0012-01.html
Martha A. WILLGING, Individually and as executrix of the estate of John Z. Willging, Appellee, v. UNITED STATES of America, Appellant.
Choose the correct holding from Martha A. WILLGING, Individually and as executrix of the estate of John Z. Willging, Appellee, v. UNITED STATES of America, Appellant.:
[ "by the decedent, and the decedent would have been taxable on the accrued increase.)\n\nMrs. Willging claims more for § 1014 than Congress intended.", "that the Trial Examiner acted fairly and within her authority in denying a continuance.\n\nOn April 28, 1971, the Board’s Regional Director issued a complaint aga...
0
Feb.
f2d_474/html/0014-01.html
In the Matter of GREEN MILL INN, INC., a California corporation, Bankrupt 117739. Kal W. LINES, Trustee in Bankruptcy, Appellant, v. The NATIONAL CASH REGISTER COMPANY, Appellee.
Choose the correct holding from In the Matter of GREEN MILL INN, INC., a California corporation, Bankrupt 117739. Kal W. LINES, Trustee in Bankruptcy, Appellant, v. The NATIONAL CASH REGISTER COMPANY, Appellee.:
[ "that the defective, or ambiguous, filing, aided by the probability of actual notice, substantially complied with the statutory requirements, and thus preserved the security interest of the seller against rival creditors.\n\nThe district judge who decided this case also decided In re Thomas, 310 F.Supp.", "that t...
0
Feb.
f2d_474/html/0016-01.html
Jerry WHITE, Petitioner-Appellant, v. L. B. SULLIVAN, Commissioner of Alabama Prison System, et al., Respondents-Appellees.
Choose the correct holding from Jerry WHITE, Petitioner-Appellant, v. L. B. SULLIVAN, Commissioner of Alabama Prison System, et al., Respondents-Appellees.:
[ "that the district court was clearly erroneous in dismissing the appellant’s action for injunctive relief on grounds that he was not involved in the action.", "that the instant search falls well within the bounds of the border search doctrine and, accordingly, affirm.\n\nAppellant and a female companion were stop...
0
Feb.
f2d_474/html/0019-01.html
Gregorio P. VALDEZ, Petitioner-Appellant, v. E. P. PERINI, Superintendent Marion Correctional Institution, Respondent-Appellee.
Choose the correct holding from Gregorio P. VALDEZ, Petitioner-Appellant, v. E. P. PERINI, Superintendent Marion Correctional Institution, Respondent-Appellee.:
[ "that there was no constitutional right to a hearing prior to a parole revocation, relying on our decision in Rose v.", "that in order to find that a defendant was denied effective assistance of counsel by virtue of a joint representation there must be a showing of a conflict of interest between the jointly repre...
0
Feb.
f2d_474/html/0021-01.html
Robert Edward LEHMAN, Appellant, v. The CITY OF PITTSBURGH, et al.
Choose the correct holding from Robert Edward LEHMAN, Appellant, v. The CITY OF PITTSBURGH, et al.:
[ "that a municipality is not a “person” for the purpose of § 1983 suits for damages and is not, therefore, subject to suit.", "that the Act was constitutional. On direct appeal to the Supreme Court, 28 U. S.C. § 1253, the district court’s judgment was vacated, and the case was remanded for reconsideration in light...
0
Feb.
f2d_474/html/0025-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Jo Anna Newby CARAWAY a/k/a Jo Newby and Daniel Elden Scales, Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Jo Anna Newby CARAWAY a/k/a Jo Newby and Daniel Elden Scales, Defendants-Appellants.:
[ "that the Customs’ boat search was not prompted by probable cause, nor was it within the scope of a legitimate border search.", "in custody unconstitutionally because (1) an involuntary confession was admitted into evidence during his trial, and (2) a number of trial court errors, when taken as a whole, amounted ...
0
Jan.
f2d_474/html/0032-01.html
Richard J. SENNOTT and Joan Sennott, Plaintiffs-Appellees, v. RODMAN & RENSHAW, Defendant-Appellant.
Choose the correct holding from Richard J. SENNOTT and Joan Sennott, Plaintiffs-Appellees, v. RODMAN & RENSHAW, Defendant-Appellant.:
[ "that Jordan had between 1955 and 1957, while employed by another broker-dealer, violated certain anti-fraud provisions of the Securities Act.", "“[w]e in no way subscribe to the doctrine that ‘where the Government’s evidence is circumstantial it must be such as to exclude every reasonable hypothesis other than t...
0
Jan.
f2d_474/html/0049-01.html
BASTIAN-BLESSING, DIVISION OF GOLCONDA CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Choose the correct holding from BASTIAN-BLESSING, DIVISION OF GOLCONDA CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.:
[ "We believe that the history of collective bargaining between these parties, including the negotiations which resulted in the level of benefits under the insurance plan which was in effect prior to Au", "by the decedent, and the decedent would have been taxable on the accrued increase.)\n\nMrs. Willging claims mo...
0
Feb.
f2d_474/html/0055-01.html
UNITED STATES of America, Appellee, v. John MACKEY, Appellant. UNITED STATES of America, Appellee, v. James KING, Appellant.
Choose the correct holding from UNITED STATES of America, Appellee, v. John MACKEY, Appellant. UNITED STATES of America, Appellee, v. James KING, Appellant.:
[ "a preliminary hearing. The purpose of both is to insure the existence of probable cause before an accused is brought to trial.", "that § 3109 applies to entries effected by the use of a passkey, which requires no more force than does the turning of a doorknob.", "this instruction. Abdul v. United States, 254 F...
0
Feb.
f2d_474/html/0057-01.html
UNITED STATES of America, Plaintiff-Appellant, v. Arnold F. HABIG and Jerome M. Schroering, Defendants-Appellees.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellant, v. Arnold F. HABIG and Jerome M. Schroering, Defendants-Appellees.:
[ "that “Miranda warnings must be given to the taxpayer by either the revenue agent or the special agent at the inception of the first contact with the taxpayer after the case has been transferred to the Intelligence Division.” 413 F.2d at 1116-1117.", "The cross-examination and the brief comment by the district at...
0
Sept
f2d_474/html/0063-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Jack BILLINGSLEY, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Jack BILLINGSLEY, Defendant-Appellant.:
[ "that evidence of the defendant’s bad reputation is admissible in a Hobbs Act prosecution to show that the victim of the threats acted out of fear and that the victim’s fear was reasonable.", "that the burden of proving ratification was on the broker and an intention to ratify an unauthorized act cannot be inferr...
0
Feb.
f2d_474/html/0067-01.html
Pedro GONZALES et al., Plaintiffs-Appellants, v. Clifton W. CASSIDY, Jr., et al., Defendants-Appellees, John Richard Hayes, III, et al., Plaintiffs-Intervenors-Appellants.
Choose the correct holding from Pedro GONZALES et al., Plaintiffs-Appellants, v. Clifton W. CASSIDY, Jr., et al., Defendants-Appellees, John Richard Hayes, III, et al., Plaintiffs-Intervenors-Appellants.:
[ "that the Act was constitutional. On direct appeal to the Supreme Court, 28 U. S.C. § 1253, the district court’s judgment was vacated, and the case was remanded for reconsideration in light of Bell v.", "that the hearing examiner’s findings were not supported by substantial evidence.\n\nThe decedent, Mrs. Hape, w...
0
Feb.
f2d_474/html/0077-01.html
Agnes GELLERT and Lisa Gellert, d/b/a Danish Import Company, Appellees, v. UNITED AIRLINES, a Delaware corporation, Appellant.
Choose the correct holding from Agnes GELLERT and Lisa Gellert, d/b/a Danish Import Company, Appellees, v. UNITED AIRLINES, a Delaware corporation, Appellant.:
[ "that the carrier was liable for all damages to plaintiffs’ business resulting from the delay, and submitted to the jury only the question of the amount of such damages.", "that probable cause for the arrest existed at the time Appellant was apprehended.\n\nIt next must be determined whether the removal and testi...
0
Nov.
f2d_474/html/0097-01.html
Clinton MANGES, Plaintiff-Appellant, v. William B. CAMP et al., Defendants-Appellees.
Choose the correct holding from Clinton MANGES, Plaintiff-Appellant, v. William B. CAMP et al., Defendants-Appellees.:
[ "that the draft board clearly departed from its statutory mandate and acted in a lawless manner. Supra at 238, 89 S.Ct.", "to be patentable. The composition is obviously the same, whether iron or aluminum is to be treated. The process claims cover the reference process for treating iron.", "liable to pay the da...
0
Marc
f2d_474/html/0102-01.html
BLUE BIRD FOOD PRODUCTS CO., Appellant, v. BALTIMORE & OHIO RAILROAD COMPANY.
Choose the correct holding from BLUE BIRD FOOD PRODUCTS CO., Appellant, v. BALTIMORE & OHIO RAILROAD COMPANY.:
[ "liable for damages pursuant to 49 U.S.C. § 20(11):\n\n“[Ujnder federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages.", "on May 4, 1972, where, in...
0
Marc
f2d_474/html/0110-01.html
UNITED STATES of America, Appellee, v. Billy Gene THOMAS, Appellant.
Choose the correct holding from UNITED STATES of America, Appellee, v. Billy Gene THOMAS, Appellant.:
[ "to mean that it is improper to so communicate even if the party agrees to be interviewed without his attorney being present.", "in abeyance, on consent of the parties, pending arbitration.\n\nPlaintiff then submitted his claim against Halcon to the arbitration panel.", "that defendant’s constitutional rights c...
0
Nov.
f2d_474/html/0113-01.html
Bobbye STONSIFER, Plaintiff-Appellant, v. COURTNEY’S FURNITURE COMPANY, INC., an Oklahoma corporation, Defendant-Appellee.
Choose the correct holding from Bobbye STONSIFER, Plaintiff-Appellant, v. COURTNEY’S FURNITURE COMPANY, INC., an Oklahoma corporation, Defendant-Appellee.:
[ "the status of guest and not tenant. Notwithstanding this, the action of the trial court in dismissing the case for insufficiency of the evidence was affirmed.", "to determine whether the drugs were lawfully seized from him as he was attempting to board an aircraft at LaGuardia Airport, we remand for another supp...
0
Jan.
f2d_474/html/0115-01.html
UNITED STATES of America, Plaintiff-Appellee, v. BOB LAWRENCE REALTY, INC., et al., Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. BOB LAWRENCE REALTY, INC., et al., Defendants-Appellants.:
[ "that triable issues of fact existed as to whether appellant had participated in a “group pattern or practice” of unlawful conduct and as to whether there had been a denial of rights secured by the Act to a group of persons raising an issue of general public importance.", "harmless the court must be able to decla...
0
Feb.
f2d_474/html/0127-01.html
Chuck “C.O.” BESHEAR, Plaintiff-Appellant, v. Clara WEINZAPFEL and Esther Wein-zapfel, d/b/a Weinzapfel Tavern, Defendants-Appellees.
Choose the correct holding from Chuck “C.O.” BESHEAR, Plaintiff-Appellant, v. Clara WEINZAPFEL and Esther Wein-zapfel, d/b/a Weinzapfel Tavern, Defendants-Appellees.:
[ "on April 30, 1971. For the purpose of this appeal we assume that he also intended to say that he was otherwise unaware of the fact that the pretrial conference had been scheduled.", "that Joseph and Lenhard, read in conjunction with Lemmens, were sufficient authority to “dictate” reversal of a conviction under 5...
0
Oct.
f2d_474/html/0134-01.html
Joseph P. MOODY et al., Appellants, v. ALBEMARLE PAPER COMPANY, a Virginia corporation et al., Appellees. Equal Employment Opportunity Commission, Amicus Curiae.
Choose the correct holding from Joseph P. MOODY et al., Appellants, v. ALBEMARLE PAPER COMPANY, a Virginia corporation et al., Appellees. Equal Employment Opportunity Commission, Amicus Curiae.:
[ "that the district court erred in upholding the validity of the pre-employment personnel tests and in refusing to enjoin their use.\n\nII\n\nBACK PAY\n\nTitle 42 U.S.C.", "that Joseph and Lenhard, read in conjunction with Lemmens, were sufficient authority to “dictate” reversal of a conviction under 50 App.", "...
0
Oct.
f2d_474/html/0149-01.html
G. H. JETT and Bart B. Chamberlain, Jr., Plaintiffs-Appellees, v. Albert Barnes ZINK, as individual trustee for Sterling Oil of Oklahoma, Inc., Defendant, Sterling Oil of Oklahoma, Inc., et al., Defendants-Appellants. G. H. JETT and Bart B. Chamberlain, Jr., Plaintiffs-Third Party PlaintiffsAppellees, v. Albert Barnes ...
Choose the correct holding from G. H. JETT and Bart B. Chamberlain, Jr., Plaintiffs-Appellees, v. Albert Barnes ZINK, as individual trustee for Sterling Oil of Oklahoma, Inc., Defendant, Sterling Oil of Oklahoma, Inc., et al., Defendants-Appellants. G. H. JETT and Bart B. Chamberlain, Jr., Plaintiffs-Third Party Plaint...
[ "that, on the state of the record as it existed then, there was no clear and persuasive evidence of fraud inherent in the bringing of that action while motions to intervene in the Jett-Chamberlain action were still pending; we thus ordered the Pack-Kahn action remanded.", "that this rule denied the equal protecti...
0
Feb.
f2d_474/html/0174-01.html
UNITED STATES of America, Plaintiff-Appellee, v. James Andrew COLBERT and Michael Beryl Reese, Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. James Andrew COLBERT and Michael Beryl Reese, Defendants-Appellants.:
[ "the police searches which produced the weapons invalid under the Fourth Amendment. Having agreed to rehear this case en banc, we vacate the judgment of the panel and affirm the convictions.\n\nThe panel opinion set out the facts fully, and we repeat here only a somewhat abbreviated version.", "that one insured a...
0
Feb.
f2d_474/html/0192-01.html
ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Plaintiffs, v. COMMODITY CREDIT CORPORATION et al., Defendants. UNITED STATES of America, Counter Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Counter Defendants-Appellees.
Choose the correct holding from ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Plaintiffs, v. COMMODITY CREDIT CORPORATION et al., Defendants. UNITED STATES of America, Counter Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Counter Defendants-A...
[ "as loan collateral. The terms of the trust were set out in the trust receipts, which provided in pertinent part:\n\n[T]he [association] agrees to hold said warehouse receipts and any proceeds therefrom", "in that case, even if it had been found that the wiretap was unlawful, use of the tape recordings solely for...
0
Feb.
f2d_474/html/0200-01.html
UNITED STATES of America, Plaintiff-Appellant, v. CROW, POPE AND LAND ENTERPRISES, INC., Defendant-Appellee.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellant, v. CROW, POPE AND LAND ENTERPRISES, INC., Defendant-Appellee.:
[ "after it had concluded taking evidence on the navigability issue. Such a hearing on the tributary question was not held, and thus the court’s conclusion of law was impermissibly based on a total absence of evidence.", "in Louisiana Power & Light Company v. United Gas Pipe Line Company, 5 Cir. 1972, 456 F.2d 326,...
0
Feb.
f2d_474/html/0203-01.html
POSEIDON SCHIFFAHRT, G.M.B.H., Plaintiff-Appellant, v. The M/S NETUNO, her engines, tackle, apparel, etc., Defendant-Appellee.
Choose the correct holding from POSEIDON SCHIFFAHRT, G.M.B.H., Plaintiff-Appellant, v. The M/S NETUNO, her engines, tackle, apparel, etc., Defendant-Appellee.:
[ "that it did not, and therefore vacate the district court’s order dismissing the libel and remand for further proceedings.\n\nThe outcome of this appeal turns on the interpretation of the Supreme Court’s decision in The Belgenland, 114 U.S.", "that the $1230 could not be deducted as an ordinary and necessary expe...
0
Marc
f2d_474/html/0209-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Shelly TOWNSEND, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Shelly TOWNSEND, Defendant-Appellant.:
[ "that it cannot.\n\nAlthough availability of such inferences should normally be defined in the jury charge we nevertheless believe that if we were to find the inference reasonable we would not consider the jury’s drawing the inference grounds for reversal simply because they were not instructed that they might draw...
0
Feb.
f2d_474/html/0215-01.html
John J. JOYCE v. UNITED STATES of America, Appellant.
Choose the correct holding from John J. JOYCE v. UNITED STATES of America, Appellant.:
[ "that a district court must defer to BEC only when the facts in a particular case raise a substantial question of FECA coverage and that since no such question was presented it was free to adjudicate the cause of action.", "that it was prejudicial error to join the trial of the charges relating to offenses agains...
0
Jan.
f2d_474/html/0220-01.html
In the Matter of MOULDED PRODUCTS, INC., Debtor. Stockholders’ Protective Committee for Moulded Products, Inc., Appellant, v. Richard H. BARRY, Trustee, et al., Appellees.
Choose the correct holding from In the Matter of MOULDED PRODUCTS, INC., Debtor. Stockholders’ Protective Committee for Moulded Products, Inc., Appellant, v. Richard H. BARRY, Trustee, et al., Appellees.:
[ "corporation engaged primarily in the business of rotational molding. Its financial problems began in 1968, when it attempted to add.", "Hogan liable for $20,000 on this transaction, and absolving Hogan of any liability with regard to the Riverwoods loan but holding Nowak, Vernon Sherman and Jerome Morris liable ...
0
Jan.
f2d_474/html/0226-01.html
James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellee, v. CORNING GLASS WORKS, a corporation, Appellant.
Choose the correct holding from James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellee, v. CORNING GLASS WORKS, a corporation, Appellant.:
[ "that Corning had been in continuing violation of the Equal Pay Act; directed it to pay the night rate to all inspectors from November 1, 1964, see note 5 swpra, to January 20, 1969, and the “red circl", "on July 23, 1971, and the trial judge entered an order and opinion on March 14, 1972, holding that all pre-tr...
0
Jan.
f2d_474/html/0259-01.html
UNITED STATES of America ex rel. Milton RIVERA, Relator-Appellant, v. Charles L. McKENDRICK, as Warden of Wallkill State Prison, Ulster County, New York, Respondent-Appellee.
Choose the correct holding from UNITED STATES of America ex rel. Milton RIVERA, Relator-Appellant, v. Charles L. McKENDRICK, as Warden of Wallkill State Prison, Ulster County, New York, Respondent-Appellee.:
[ "an evidentiary hearing. Rivera appealed from this summary denial and we reversed, finding that “the totality of circumstances surrounding the out-of-court confrontations in this case — the photographs", "to be such prejudicial error as to void his conviction. Defendant claimed that he had accidentally shot one S...
0
Jan.
f2d_474/html/0262-01.html
UNITED STATES of America, Appellant, v. Paul Gary RUBIN et al. UNITED STATES of America, Appellant, v. Louis Martin AGNES a/k/a Louis Martin.
Choose the correct holding from UNITED STATES of America, Appellant, v. Paul Gary RUBIN et al. UNITED STATES of America, Appellant, v. Louis Martin AGNES a/k/a Louis Martin.:
[ "the validity of the search was that an automobile may be searched without a warrant anytime there is probable cause, because of the danger that it will be removed.", "that while it had jurisdiction to adjudicate the dispute, plaintiffs had a “plain, adequate and complete” remedy in the state equity court renderi...
0
Dec.
f2d_474/html/0270-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Teodoro DAVILA-NATER, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Teodoro DAVILA-NATER, Defendant-Appellant.:
[ "them up. The identification will come, I feel and believe, through the testimony that will be given to this jury by the other two individuals that held up the bank.", "that, under the special circumstances of this case, the settlements which Landoe and Sabo entered into with Provident, including Provident’s Cove...
0
Feb.
f2d_474/html/0286-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Roy P. ALLISON, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Roy P. ALLISON, Defendant-Appellant.:
[ "or by dictum.\n\nWhether the grand jury testimony could be used in rebuttal to impeach Allison’s trial testimony need not be decided here.", "a 16 penny nail in his hand. He told Payne that he was making a screwdriver out of it. Appellant was requested to go to the office approximately forty feet from the sandin...
0
Feb.
f2d_474/html/0290-01.html
Richard GARNER et al., Plaintiffs-Appellants. v. HALLIBURTON COMPANY, a Delaware corporation, Defendant-Appellee.
Choose the correct holding from Richard GARNER et al., Plaintiffs-Appellants. v. HALLIBURTON COMPANY, a Delaware corporation, Defendant-Appellee.:
[ "a battery which he had purchased from a sales agent of Marathon, the manufacturer. While holding the battery it exploded causing extensive injury.", "that he was not, and we agree.\n\nBernard urges two theories, one under the stevedoring contract between Ryan Stevedoring Co.", "that the thirty-two employees ha...
0
Feb.
f2d_474/html/0297-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Herbert GURTNER, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Herbert GURTNER, Defendant-Appellant.:
[ "this instruction. Abdul v. United States, 254 F.2d 292 (9th Cir.), cert. denied, 364 U.S. 832, 81 S.Ct.", "only that district courts must adhere strictly to the provisions of Rule 11, and that failure to do so requires that the defendant be afforded an opportunity to re-plead.", "that in order to find that a d...
0
Feb.
f2d_474/html/0300-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Donald Garriga CHAPMAN and Richard Lee Scott, Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Donald Garriga CHAPMAN and Richard Lee Scott, Defendants-Appellants.:
[ "this conviction of appellants Chapman and Scott under a four count indictment in which they were charged with conspiracy to commit, on June 19, 1969, the burglary of the Post Office at Fern Park, Florida (18 U.S.C.", "that a question as to the legality of an arrest could not properly be a subject of a motion to ...
0
Feb.
f2d_474/html/0303-01.html
UNITED STATES of America, Respondent-Appellee, v. John William SHERMAN, Petitioner-Appellant.
Choose the correct holding from UNITED STATES of America, Respondent-Appellee, v. John William SHERMAN, Petitioner-Appellant.:
[ "only that district courts must adhere strictly to the provisions of Rule 11, and that failure to do so requires that the defendant be afforded an opportunity to re-plead.", "that Pereira had a constitutional right to act as he did, and, in the absence of any proof of deliberate manipulation or pre-arrangement by...
0
Feb.
f2d_474/html/0328-01.html
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAYTON MOTELS, INC., d/b/a Holiday Inn of Dayton, Respondent.
Choose the correct holding from NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAYTON MOTELS, INC., d/b/a Holiday Inn of Dayton, Respondent.:
[ "that evidence of the time-barred unfair labor practice was inadmissible, and that the complaint based on the enforcement of the agreement must therefore fail.\n\nIn our case, however, the Company’s defense is not dependent on the time-barred unfair labor practice.", "that New York law was applicable. That law pl...
0
Oct.
f2d_474/html/0336-01.html
Marie WILCOX et al., Appellants-Plaintiffs, v. COMMERCE BANK OF KANSAS CITY, a corporation, Appellee-Defendant.
Choose the correct holding from Marie WILCOX et al., Appellants-Plaintiffs, v. COMMERCE BANK OF KANSAS CITY, a corporation, Appellee-Defendant.:
[ "proper:\n \n Berkman v. Westinghouse Electric Corp., Civil No. 69C 2056 (N.D.Ill., filed June 25, 1970).", "that the District Court properly refused to review the action taken by the Patent Office because of lack of final agency action, it is unnecessary to reach the questions of adequacy of remedy or ...
0
Nov.
f2d_474/html/0349-01.html
Will WRIGHT, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.
Choose the correct holding from Will WRIGHT, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.:
[ "the nondiscriminatory use of tax returns as a source of potential jurors. Donlavey v. Smith, 5th Cir.", "that the District Court had erred in granting a directed verdict for the defendant. Judgment notwithstanding the verdict is nothing more than a directed verdict granted after, rather than before, the jury has...
0
Feb.
f2d_474/html/0354-01.html
SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. UNITED FINANCIAL GROUP, INC., formerly known as USI Group, Inc., et al., Defendants-Appellants.
Choose the correct holding from SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. UNITED FINANCIAL GROUP, INC., formerly known as USI Group, Inc., et al., Defendants-Appellants.:
[ "company owning and, from its home base in the United States, controlling quite a large number of service and investment companies incorporated in foreign countries.", "relief until after appeal, while removing the paralysis-by-one-judge worry, does not cure the jurisdictional problem.", "that the Deputy Marsha...
0
Jan.
f2d_474/html/0372-01.html
1st Lt. Richard G. CONWAY, M.D., Petitioner-Appellant, v. Lt. General A. D. SURLES, Commanding General, Sixth United States Army, Presidio of San Francisco, California; Hon. Robert Froehlke, Secretary of the Army, Respondents-Appellees.
Choose the correct holding from 1st Lt. Richard G. CONWAY, M.D., Petitioner-Appellant, v. Lt. General A. D. SURLES, Commanding General, Sixth United States Army, Presidio of San Francisco, California; Hon. Robert Froehlke, Secretary of the Army, Respondents-Appellees.:
[ "in abeyance while he considered applying for the commission. Conway decided to apply for the commission rather than be inducted.", "there was no evidence that a contract to procure insurance was ever formed. From that decree, the plaintiff has appealed.\n\nAt the threshold, we are confronted with the question of...
0
Feb.
f2d_474/html/0375-01.html
John Wayne REEVES and Sherry Marie Reeves, wife, Plaintiffs-Appellants, v. POWER TOOLS, INC. and Omark Industries, Inc., Defendants-Appellees.
Choose the correct holding from John Wayne REEVES and Sherry Marie Reeves, wife, Plaintiffs-Appellants, v. POWER TOOLS, INC. and Omark Industries, Inc., Defendants-Appellees.:
[ "flush against the surface to which a fastening was being made and special fasteners were propelled into the concrete or steel.", "in common or by their members in severalty as the United States may decide.\nSaid lands thus disposed of to be paid for to the Cherokee nation at such price as may be agreed on betwee...
0
Feb.
f2d_474/html/0381-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Randall Scott ADKINS, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Randall Scott ADKINS, Defendant-Appellant.:
[ "that it did not follow “that a brief delay caused by board action renders an induction order void”, and suggested that the judicial construction for which Lewis contended “would deny meaning to the wo", "that under South Dakota law defendants were agents of Shields, the original debtor, and personally liable for...
0
Jan.
f2d_474/html/0392-01.html
Douglas A. BULLIS et al., Plaintiffs-Appellants, v. TWENTIETH CENTURY-FOX FILM CORPORATION, a Delaware corporation, Defendant-Appellee.
Choose the correct holding from Douglas A. BULLIS et al., Plaintiffs-Appellants, v. TWENTIETH CENTURY-FOX FILM CORPORATION, a Delaware corporation, Defendant-Appellee.:
[ "diverse persons to be seamen, including a bartender, a telephone operator, a clerk, and a musician.\n\nThe second requirement for seaman status is that there be a more or less permanent connection with the vessel.", "that the Trial Examiner acted fairly and within her authority in denying a continuance.\n\nOn Ap...
0
Feb.
f2d_474/html/0407-01.html
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SUNNYLAND REFINING COMPANY, a Wholly Owned Subsidiary of Kane-Miller Corporation, Respondent.
Choose the correct holding from NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SUNNYLAND REFINING COMPANY, a Wholly Owned Subsidiary of Kane-Miller Corporation, Respondent.:
[ "the director’s decision and ordered an election among the members of the unit. On January 10, 1972, an election was held in which a majority of the employees voted in favor of the union, and on January 18, the board certified the union as the collective bargaining agent for the unit.", "that no death penalty imp...
0
Marc
f2d_474/html/0416-01.html
TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty, et al., Intervenors. CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty et al., Intervenors. James M. FORGOTSON, Sr., an Independent Natural Gas Producer, Petitioner...
Choose the correct holding from TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty, et al., Intervenors. CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty et al., Intervenors. James M. FORGOTSON, Sr., an Independent ...
[ "only if they comply with the specific provisions of the Natural Gas Act. The Commission may, of course, classify different types of producers, alter some filing requirements, and “make the pragmatic adjustments which may be called for by particular circumstances.” However, the FPC must act “within the ambit of [it...
0
Oct.
f2d_474/html/0430-01.html
Booker T. HINES et al., Appellants, v. CITY FINANCE COMPANY OF EAST-OVER, INC., et al.
Choose the correct holding from Booker T. HINES et al., Appellants, v. CITY FINANCE COMPANY OF EAST-OVER, INC., et al.:
[ "that an action for injunctive relief which did not involve more than $3000.00 was nevertheless not transferable from the District Court to the Municipal Court where the provision for certification ex> cepted actions for equitable relief.", "that “Miranda warnings must be given to the taxpayer by either the reven...
0
Sept
f2d_474/html/0434-01.html
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SHIP SHAPE MAINTENANCE CO., INC., Respondent.
Choose the correct holding from NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SHIP SHAPE MAINTENANCE CO., INC., Respondent.:
[ "before Trial Examiner Benjamin Blackburn, wherein the above-described factual circumstances were presented.", "in trust to secure indebtedness due appellants, appellee, and others by the judgment debtor. Appellee Lapides obtained the judgment which gave rise to the levy by suit on the portion of the debt due him...
0
May
f2d_474/html/0444-01.html
In the Matter of the Conviction of James J. Laughlin, Appellant. James J. LAUGHLIN, Appellant, v. UNITED STATES of America.
Choose the correct holding from In the Matter of the Conviction of James J. Laughlin, Appellant. James J. LAUGHLIN, Appellant, v. UNITED STATES of America.:
[ "that under the doctrine of collateral estoppel the issue of Mrs. Gross’ consent and the admissibility of the recordings had been decided adversely to the Government by Judges Youngdahl and Curran in the earlier perjury trial and that it was reversible error to have admitted them in the trial on the conspiracy and ...
0
June
f2d_474/html/0457-01.html
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ADVANCED BUSINESS FORMS CORPORATION, Respondent.
Choose the correct holding from NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ADVANCED BUSINESS FORMS CORPORATION, Respondent.:
[ "that there was substantial evidence to support the Board’s determination on issue (1), but not on issue (2).", "is that it limits its consideration to the single circumstance that the policy confers the right-to-sue on a judgment and disregards the inherent attributes of a judgment and its force insofar as time ...
0
Nov.
f2d_474/html/0468-01.html
Mildred COURTNEY, Administratrix of the Estate of John R. Courtney, Deceased, Plaintiff-Appellant, v. ISLAND CREEK COAL COMPANY, Defendant-Appellee.
Choose the correct holding from Mildred COURTNEY, Administratrix of the Estate of John R. Courtney, Deceased, Plaintiff-Appellant, v. ISLAND CREEK COAL COMPANY, Defendant-Appellee.:
[ "that scaffolding is not an inherently dangerous instrúmentality and its use is not an inherently dangerous activity.", "that it was not. We do not reach the question of whether the “finding” was an “adjudication” because we believe that the term “mental defective” as used in the Gun Control Act does not include ...
0
Dec.
f2d_474/html/0473-01.html
UNITED STATES of America, Appellee, v. CITY OF BELLEVUE, NEBRASKA, Appellant.
Choose the correct holding from UNITED STATES of America, Appellee, v. CITY OF BELLEVUE, NEBRASKA, Appellant.:
[ "the District Judge, was to increase Bellevue’s revenues. If Bellevue could include as a part of its population count the 12,000 persons residing in the barracks and quarters on the Offutt Base and in", "in due course are specified by the Uniform Commercial Code. “A holder in due course,” the Code states, “is a h...
0
Sept
f2d_474/html/0485-01.html
Irving STOLBERG, Plaintiff-Appellant, v. MEMBERS OF the BOARD OF TRUSTEES FOR the STATE COLLEGES OF the STATE OF CONNECTICUT et al., Defendants-Appellees.
Choose the correct holding from Irving STOLBERG, Plaintiff-Appellant, v. MEMBERS OF the BOARD OF TRUSTEES FOR the STATE COLLEGES OF the STATE OF CONNECTICUT et al., Defendants-Appellees.:
[ "in New Haven relating to that war. Two months earlier Stolberg had sent a letter to the President of Albertus Magnus College in New Haven suggesting that she had arbitrarily suspended a number of students and offering the mediation services of The American Association of University Professors, a local chapter of w...
0
Dec.
f2d_474/html/0491-01.html
INGERSOLL-RAND COMPANY, Plaintiff-Appellant-Cross Appellee, v. BRUNNER & LAY, INC., Defendant-Appellee-Cross Appellant.
Choose the correct holding from INGERSOLL-RAND COMPANY, Plaintiff-Appellant-Cross Appellee, v. BRUNNER & LAY, INC., Defendant-Appellee-Cross Appellant.:
[ "that the patent examiner was apparently not aware that this was a necessary result of the roll-threading technique.", "CORPORATION, Defendant-Appellant.\n No. 72-1540.\n United States Court of Appeals, Fifth Circuit.\n Feb.", "this case pending the decision by the court en banc in United States v. J. ...
0
Feb.
f2d_474/html/0501-01.html
DIXIE FINANCE COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. EMPIRE MORTGAGE & INVESTMENT CO., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Ernest STEWART, and Harriet B. Stewart et al., PetitionersAppellees, v. COMMISSIONER OF INTERNAL REVENUE, R...
Choose the correct holding from DIXIE FINANCE COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. EMPIRE MORTGAGE & INVESTMENT CO., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Ernest STEWART, and Harriet B. Stewart et al., PetitionersAppellees, v. COM...
[ "Co., 324 U.S. 331, 65 S.Ct. 707, 89 L.Ed. 981 (1945); Gregory v. Helvering, 293 U.S. 465, 55 S.Ct. 266, 79 L.Ed.", "any of Fair Haven’s stock, Klupt directed its operations through its president, a business associate named Cutler, whom he had appointed.", "that the district court was clearly erroneous in dismi...
0
Feb.
f2d_474/html/0506-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Omer Thomas CARON, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Omer Thomas CARON, Defendant-Appellant.:
[ "in that case, even if it had been found that the wiretap was unlawful, use of the tape recordings solely for impeachment purposes would not have been proscribed.", "only that it was error for the district court to decide that issue with this record on a sua sponte rule 12(b)(1) motion.", "that this rule denied...
0
Feb.
f2d_474/html/0514-01.html
FINANCIAL INDUSTRIAL FUND, INC., a Maryland corporation, PlaintiffAppellee, v. McDONELL DOUGLAS CORPORATION, a Maryland corporation, Defendant-Appellant.
Choose the correct holding from FINANCIAL INDUSTRIAL FUND, INC., a Maryland corporation, PlaintiffAppellee, v. McDONELL DOUGLAS CORPORATION, a Maryland corporation, Defendant-Appellant.:
[ "on the next day and the day following. After the second meeting on June 22d it was decided that a substantial inventory writedown was required in view of the losses, and this would reduce the six months earnings figure from the forty-nine cents previously reported to the president to a figure of twelve cents.", ...
0
Marc
f2d_474/html/0522-01.html
UNITED STATES of America, Appellee, v. Gabriel INFANTI and Nathan Kurtz, Appellants.
Choose the correct holding from UNITED STATES of America, Appellee, v. Gabriel INFANTI and Nathan Kurtz, Appellants.:
[ "not undue). So far as appears the reason for the delay was neither negligence nor inefficiency on the part of the Government, much less a deliberate effort to delay the trial, see Barker v.", "that “. . . once the court has satisfied itself . . . that the guilty plea was made knowingly and voluntarily, an indepe...
0
Dec.
f2d_474/html/0529-01.html
CARTER-WALLACE, INC., Plaintiff-Appellant, v. William N. OTTE, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp., Defendant-Appellee.
Choose the correct holding from CARTER-WALLACE, INC., Plaintiff-Appellant, v. William N. OTTE, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp., Defendant-Appellee.:
[ "in escrow for Carter-Wallace’s benefit should it prevail on the merits. To be sure, this is exceedingly small meal when compared to the possible effect .of a contrary decision as collateral estoppel, under Blonder-Tongue Laboratories, Inc.", "a judgment n. o. v. where the evidence showed that the plaintiff, an e...
0
Sept
f2d_474/html/0549-01.html
Clyde A. PERKINS, Plaintiff-Appellee, v. STANDARD OIL COMPANY OF CALIFORNIA, a corporation, Defendant-Appellant.
Choose the correct holding from Clyde A. PERKINS, Plaintiff-Appellee, v. STANDARD OIL COMPANY OF CALIFORNIA, a corporation, Defendant-Appellant.:
[ "that section 4 does authorize the award of counsel fees for appellate services, and that the Court’s “.", "that the Defendant Pension Fund Trustees acted arbitrarily and improperly when they determined that Plaintiffs were not employees for purposes of receiving pension benefits .", "that 49 U.S.C. § 1472(1) w...
0
Feb.
f2d_474/html/0563-01.html
Roy Alphonso SMITH, Appellant, v. J. D. COX, etc., Appellee.
Choose the correct holding from Roy Alphonso SMITH, Appellant, v. J. D. COX, etc., Appellee.:
[ "that the sixth amendment right to a speedy trial “has no application until the putative defendant in some way becomes an ‘accused’ ” and that ordinarily “it is either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge that engages the particul...
0
Oct.
f2d_474/html/0565-01.html
Joseph P. LUCIA, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.
Choose the correct holding from Joseph P. LUCIA, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.:
[ "that, in the enforcement of Government tax claims, the United States is not barred by a laches defense.\n\nSecond, limitations statutes barring the collection of taxes otherwise due and unpaid are strictly construed in favor of the Government.", "that the Act was constitutional. On direct appeal to the Supreme C...
0
Feb.
f2d_474/html/0579-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne EIDUM, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne EIDUM, Defendant-Appellant.:
[ "that the protection of the Sixth Amendment’s provision for a speedy trial is activated only when a criminal prosecution has begun and extends only to those persons who have been “accused” in the course of that prosecution.", "that the Uniform Commercial Code was applicable and that Appliance was entitled to full...
0
Feb.
f2d_474/html/0581-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne EIDUM, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne EIDUM, Defendant-Appellant.:
[ "that when:\n\n“There is a reasonable probability that the defective prior convictions may have led the trial court to impose a heavier sentence than it otherwise would have imposed .", "that section 4 does authorize the award of counsel fees for appellate services, and that the Court’s “.", "that it violated §...
0
Feb.
f2d_474/html/0582-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Carl SKOLEK, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Carl SKOLEK, Defendant-Appellant.:
[ "that the protection against self-incrimination, a shield of silence, is a personal privilege for the sole benefit of the witness.", "that assertion of the Fifth Amendment’s privilege against self-incrimination provided a complete defense to prosecutions'under the provisions of the National Firearms Act to the vi...
0
Jan.
f2d_474/html/0587-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Miguel RODRIGUEZ, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Miguel RODRIGUEZ, Defendant-Appellant.:
[ "that entrapment at law is established when the Government furnishes narcotics to an individual for him to sell to a Government agent.", "that the Customs’ boat search was not prompted by probable cause, nor was it within the scope of a legitimate border search.", "before a Special Inquiry Officer, the result o...
0
Jan.
f2d_474/html/0591-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Robert J. BARANOV, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Robert J. BARANOV, Defendant-Appellant.:
[ "applied to the Supreme Court only and not to Courts of Appeals, it surely is dissipated by Chief Justice Warren’s dissenting opinion disagreeing with the majority ruling that the Supreme Court should make an independent de novo judgment on the question of obscenity.", "on the delay is erroneous. That case concer...
0
Feb.
f2d_474/html/0594-01.html
Lola Beth GREEN, Plaintiff-Appellant, v. BOARD OF REGENTS OF TEXAS TECH UNIVERSITY et al., Defendants-Appellees.
Choose the correct holding from Lola Beth GREEN, Plaintiff-Appellant, v. BOARD OF REGENTS OF TEXAS TECH UNIVERSITY et al., Defendants-Appellees.:
[ "an evidentiary hearing on both the merits of her claim and the administrative procedure through which plaintiff’s application was processed.", "that the rule “has been a well known and established practice” and denied the bill of costs as untimely filed.", "that the Trial Examiner acted fairly and within her a...
0
Feb.
f2d_474/html/0600-01.html
Lillian N. WILSON, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.
Choose the correct holding from Lillian N. WILSON, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.:
[ "it timely filed. The 3 months began to run on February 23, 1972 and not on November 25, 1970. Thus, the petition for review was timely filed, and we have jurisdiction of this appeal.\n\nProceeding to the merits, Mrs.", "the status of guest and not tenant. Notwithstanding this, the action of the trial court in di...
0
Jan.
f2d_474/html/0603-01.html
UNITED STATES of America, Plaintiff-Appellee, v. V. J. PAYNE, aka Marvin Hunt, et al., Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. V. J. PAYNE, aka Marvin Hunt, et al., Defendant-Appellant.:
[ "that in order to find that a defendant was denied effective assistance of counsel by virtue of a joint representation there must be a showing of a conflict of interest between the jointly represented defendants.", "that the patent examiner was apparently not aware that this was a necessary result of the roll-thr...
0
Feb.
f2d_474/html/0605-01.html
Frank E. PELUSO, Appellants, Administrator of the Estate of Terry Peluso v. UNITED STATES of America. Louis J. PELUSO, Jr., and Patsy A. Peluso v. UNITED STATES of America.
Choose the correct holding from Frank E. PELUSO, Appellants, Administrator of the Estate of Terry Peluso v. UNITED STATES of America. Louis J. PELUSO, Jr., and Patsy A. Peluso v. UNITED STATES of America.:
[ "that the United States is not liable for injuries to servicemen which are sustained while on active duty as a result of negligence of other armed forces personnel.", "only that his action in New York was not “misbehavior in the presence of the court, or so near thereto as to obstruct the administration of justic...
0
Marc
f2d_474/html/0606-01.html
UNITED STATES of America, Plaintiff-Appellant, v. Edmund Herman ROTHFELDER, Defendant-Appellee.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellant, v. Edmund Herman ROTHFELDER, Defendant-Appellee.:
[ "that “academic year” meant a full twelve-month year, and it made no difference whether registrant was enrolled in the summer.", "that regardless of what may or may not have been understood by the parties during the prior litigation up to and including the District Court level, the appellant certainly was aware t...
0
Dec.
f2d_474/html/0608-01.html
Samuel P. NORTON & Estate of Beatrice Norton, Deceased, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Samuel P. NORTON & Estate of Beatrice Norton, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.
Choose the correct holding from Samuel P. NORTON & Estate of Beatrice Norton, Deceased, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Samuel P. NORTON & Estate of Beatrice Norton, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.:
[ "the securities as colláteral. That institution probably never had actual custody of the securities, but instead sold them on the same day they were purchased by taxpayers.", "a 16 penny nail in his hand. He told Payne that he was making a screwdriver out of it. Appellant was requested to go to the office approxi...
0
Feb.
f2d_474/html/0610-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Candido FELIX and Gloria Felix, Defendants-Appellants,
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Candido FELIX and Gloria Felix, Defendants-Appellants,:
[ "that appellants did not have standing to'move for suppression of evidence, and (2) in denying Candi-do’s motion for acquittal.\n\nAppellants were charged jointly with Joe and Kathy Santillanes with importation.", "there is no error of law and the Board’s decision is correct.\n\nFurther in issue is whether plaint...
0
Feb.
f2d_474/html/0617-01.html
Donald S. WEIR, Jr. v. The UNITED STATES.
Choose the correct holding from Donald S. WEIR, Jr. v. The UNITED STATES.:
[ "there is no error of law and the Board’s decision is correct.\n\nFurther in issue is whether plaintiff is estopped from obtaining a judgment for back pay on his subsequent, sworn claim that he lied to the Army to obtain a discharge, and that the Army improperly failed to ascertain that he lied.\n\nWe conclude plai...
0
Feb.
f2d_474/html/0628-01.html
The UNITED STATES of America v. The CHEROKEE NATION.
Choose the correct holding from The UNITED STATES of America v. The CHEROKEE NATION.:
[ "in common or by their members in severalty as the United States may decide.\nSaid lands thus disposed of to be paid for to the Cherokee nation at such price as may be agreed on between the said parties in interest, subject to the approval of the President; and if they should not agree, then the price to be fixed b...
0
Feb.
f2d_474/html/0671-01.html
Unknown Case
Choose the correct holding from Unknown Case:
[ "that such a statement does not operate to incorporate in an application any part of the disclosure of the parent application so referred to.", "that (1) relief was barred by 26 U.S.C.A. § 7421(a), and (2) that plaintiff had an adequate remedy at law in view of the fact that it was not threatened with irreparable...
0
Marc
f2d_474/html/0677-01.html
The UNITED STATES, Appellant, v. F & D TRADING CORP., Appellee.
Choose the correct holding from The UNITED STATES, Appellant, v. F & D TRADING CORP., Appellee.:
[ "that it had failed to “negative the existence of export value,” which “is alone sufficient to preclude it from prevailing in this case.” The court further held that appellee had neither “negatived” the existence of statutory United States value nor established a value predicated on statutory cost of production.\n\...
0
Marc
f2d_474/html/0683-01.html
Arvid C. WALBERG, Appellant, v. Richard O. PROBST, Appellee.
Choose the correct holding from Arvid C. WALBERG, Appellant, v. Richard O. PROBST, Appellee.:
[ "that appellee’s evidence showed that a spray gun built by Probst’s assignee, Ransburg, embodying the limitations of count 1, was successfully operated as early as October 18, 1961, and thus proved reduction to practice of the invention of the count by that date.", "A regulation barring post-induction notice pres...
0
Marc
f2d_474/html/0689-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Stephan KASOURIS, Sandra Lee Serifovski, a/k/a Sandra Lee McLamb, Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Stephan KASOURIS, Sandra Lee Serifovski, a/k/a Sandra Lee McLamb, Defendants-Appellants.:
[ "the remaining sum in escrow to be given to Sandra following the marriage ceremony. Sandra was living with co-appellant Kasouris at all times material to this case.\n\nFollowing a brief wedding ceremony, the small group assembled at the home of Kadri’s uncle.", "with intent to assemble a Molotov cocktail.); and M...
0
Marc
f2d_474/html/0695-01.html
Mrs. Geraldine STEWART et al., Plaintiffs, Mary K. McKague et al., Plaintiffs-Appellees-Cross-Appellants, v. ATLANTIC PIPE LINE COMPANY et al., Defendants-Appellants-Cross-Appellants, v. TEXAS GENERAL INDEMNITY COMPANY, Intervenor-Appellee.
Choose the correct holding from Mrs. Geraldine STEWART et al., Plaintiffs, Mary K. McKague et al., Plaintiffs-Appellees-Cross-Appellants, v. ATLANTIC PIPE LINE COMPANY et al., Defendants-Appellants-Cross-Appellants, v. TEXAS GENERAL INDEMNITY COMPANY, Intervenor-Appellee.:
[ "that such a reduction was improper and on that basis remanded to the district court.\n\nObviously, then, there exists in this case no issue with respect to exemplary damages, none ever having been awarded by the district court and there being no error assigned by the McKagues on that account.", "the defendant wa...
0
Feb.
f2d_474/html/0698-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Paul John CARBO, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Paul John CARBO, Defendant-Appellant.:
[ "that a motion under Rule 35 is not the proper remedy. The court pointed out that there has been no showing that the sentence imposed is illegal.", "that appellants did not have standing to'move for suppression of evidence, and (2) in denying Candi-do’s motion for acquittal.\n\nAppellants were charged jointly wit...
0
Feb.
f2d_474/html/0699-01.html
UNITED STATES of America, Appellee, v. Fairh RIGGS, Appellant.
Choose the correct holding from UNITED STATES of America, Appellee, v. Fairh RIGGS, Appellant.:
[ "that the Deputy Marshals’ request for identification as appellant attempted to board her return flight was justified, under Terry v.", "their approval of appellants’ proposed trip to North Vietnam; and\n\nIt is further ordered by the court that this case is remanded to the District Court for further proceedings ...
0
Jan.
f2d_474/html/0705-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Sidney ROSENSTEIN et al., Defendants-Appellants.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Sidney ROSENSTEIN et al., Defendants-Appellants.:
[ "by the Supreme Court to be not admissible for their truth as dying declarations. The Government argued alternatively that the statements were admissible for a different purpose, to wit, they were admissible to rebut evidence of defendant’s witnesses that the victim had suicidal tendencies since the statements indi...
0
Nov.
f2d_474/html/0724-01.html
GTE SERVICE CORPORATION and GTE Data Services Incorporated, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United States Independent Telephone Association (USITA) et al., Intervenors. UNITED TELEPHONE COMPANY OF MISSOURI and United Computing Systems, Inc., et al., Petitione...
Choose the correct holding from GTE SERVICE CORPORATION and GTE Data Services Incorporated, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United States Independent Telephone Association (USITA) et al., Intervenors. UNITED TELEPHONE COMPANY OF MISSOURI and United Computing ...
[ "the authority of the .Commission to regulate prime time access in television communication despite the absence of any explicit authority in the Act.", "that venue lay in the Eastern District of Virginia rather than the District of Massachusetts where the plane bearing Erdos first landed; and (3) improperly curta...
0
Oct.
f2d_474/html/0737-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Charles Earl STROUD, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Charles Earl STROUD, Defendant-Appellant.:
[ "that it was error for a trial judge to order a defendant into custody without warning, hearing, or explanation when his only apparent default was returning late from a recess.\n\nWe think that, under Bitter, the revocation of Stroud’s bail was improper.", "that substantial expenditures made by Loft in the tax ye...
0
Marc
f2d_474/html/0739-01.html
LAI HAW WONG et al., Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Choose the correct holding from LAI HAW WONG et al., Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.:
[ "them de-portable under Section 241(a)(1) of the Immigration and Nationality Act, 8 U.S. C. § 1251(a)(1).", "to be error for the trial judge to send to the jury room part of a witness’ statement which he had earlier refused to admit in evidence.", "that the appellant in substance acted merely as a conduit by wh...
0
Feb.
f2d_474/html/0743-01.html
FINANCIAL SERVICES, INC., Plaintiff-Appellant, v. Thomas E. FERRANDINA, Individually and as United States Marshal for the Southern District of New York, Defendant-Appellee, and CT/East, Inc., Intervenor-Defendant-Appellee.
Choose the correct holding from FINANCIAL SERVICES, INC., Plaintiff-Appellant, v. Thomas E. FERRANDINA, Individually and as United States Marshal for the Southern District of New York, Defendant-Appellee, and CT/East, Inc., Intervenor-Defendant-Appellee.:
[ "invalid on due process grounds Florida and Pennsylvania replevin statutes which allowed chattels to be taken from the possessor without affording him a prior opportunity to be heard.", "by the decedent, and the decedent would have been taxable on the accrued increase.)\n\nMrs. Willging claims more for § 1014 tha...
0
Feb.
f2d_474/html/0747-01.html
Sarame Raynolds STRONG, Plaintiff-Appellant, v. William H. G. FRANCE and the National Association for Stock Car Auto Racing, Inc. (“NASCAR”), Defendants-Appellees.
Choose the correct holding from Sarame Raynolds STRONG, Plaintiff-Appellant, v. William H. G. FRANCE and the National Association for Stock Car Auto Racing, Inc. (“NASCAR”), Defendants-Appellees.:
[ "liable had “insisted on being members of the board” of directors, had sold stock, and had signed board minutes and registration statements.", "that it was not. See DeCarlo v. United States, 422 F.2d 237, 239 (9th Cir. 1970); United States v. Johnson, 415 F.2d 653, 655 (9th Cir.", "of $17,423.99 in back wages f...
0
Feb.
f2d_474/html/0753-01.html
ISLAND EQUIPMENT LAND CO., a corporation, and Pacific Retread, Inc., a corporation, Plaintiffs-Appellants, v. GUAM ECONOMIC DEVELOPMENT AUTHORITY, a public corporation, et al., Defendants-Appellees.
Choose the correct holding from ISLAND EQUIPMENT LAND CO., a corporation, and Pacific Retread, Inc., a corporation, Plaintiffs-Appellants, v. GUAM ECONOMIC DEVELOPMENT AUTHORITY, a public corporation, et al., Defendants-Appellees.:
[ "that the promise to use the additional lands to promote Guam’s economic development was adequate consideration for the 1967 amendment, and that if the Governor lacked authority to execute the 1969 ame", "that:\n\n“The insurance company has never been made a party to this cause of action. It is settled in the Fif...
0
Feb.
f2d_474/html/0770-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Cecil Eugene ANTHONY, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Cecil Eugene ANTHONY, Defendant-Appellant.:
[ "that if the accused initiates the conversation, his statements do not result from “interrogations” and are therefore admissible.", "in Andrews v. Louisville & Nashville R. R., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972), that any railroad employee alleging a violation of the collective bargaining agreement...
0
Feb.
f2d_474/html/0774-01.html
The STATE OF CALIFORNIA, on behalf of itself and all others similarly situated, and as parens patriae, Plaintiff-Appellee, v. FRITO-LAY, INC., et al., Defendants-Appellants.
Choose the correct holding from The STATE OF CALIFORNIA, on behalf of itself and all others similarly situated, and as parens patriae, Plaintiff-Appellee, v. FRITO-LAY, INC., et al., Defendants-Appellants.:
[ "that this was not injury to business or property of the state under § 4 of the Clayton Act. 405 U.S. at 264, 92 S.Ct.", "after it had concluded taking evidence on the navigability issue. Such a hearing on the tributary question was not held, and thus the court’s conclusion of law was impermissibly based on a tot...
0
Feb.
f2d_474/html/0790-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Oscar Pequeno De LEON, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Oscar Pequeno De LEON, Defendant-Appellant.:
[ "that the independent corroboration may not be tied in any way to the testimony of the original witness, nor do we find them apposite on the facts.\n\nWe agree with the government that the warning ticket would, standing alone, refute the perjured statement.", "in numerous cases that a grantee to whom realty is co...
0
Marc
f2d_474/html/0798-01.html
TECHNOGRAPH PRINTED CIRCUITS, LTD., and Technograph Printed Electronics, Inc., Plaintiffs-Appellants, v. MARTIN-MARIETTA CORPORATION, Defendant-Appellee. TECHNOGRAPH PRINTED CIRCUITS, LTD., and Technograph Printed Electronics, Inc., Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant-Appellee. TECHNO...
Choose the correct holding from TECHNOGRAPH PRINTED CIRCUITS, LTD., and Technograph Printed Electronics, Inc., Plaintiffs-Appellants, v. MARTIN-MARIETTA CORPORATION, Defendant-Appellee. TECHNOGRAPH PRINTED CIRCUITS, LTD., and Technograph Printed Electronics, Inc., Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORA...
[ "the patent invalid in a suit by the Foundation as plaintiff against another defendant. The Seventh Circuit, in a suit by the Foundation as plaintiff, found the patent to be valid and infringed by Blonder-Tongue Laboratories.", "in so many words that the letter of January 29 “was not a statement of conscientious ...
0
Nov.
f2d_474/html/0812-01.html
UNITED STATES of America, Plaintiff-Appellee, v. Gary BOWDACH, Defendant-Appellant.
Choose the correct holding from UNITED STATES of America, Plaintiff-Appellee, v. Gary BOWDACH, Defendant-Appellant.:
[ "this case pending the decision by the court en banc in United States v. J. W. Robinson, etc., 472 F.2d 973.", "that the defective, or ambiguous, filing, aided by the probability of actual notice, substantially complied with the statutory requirements, and thus preserved the security interest of the seller agains...
0
Feb.
f2d_474/html/0814-01.html
Carl Johannes ANDERSON, Appellant, v. Walter C. NEMETZ, Individually and as Chief of the City of Scottsdale Police Department, et al., Appellees.
Choose the correct holding from Carl Johannes ANDERSON, Appellant, v. Walter C. NEMETZ, Individually and as Chief of the City of Scottsdale Police Department, et al., Appellees.:
[ "in the Scottsdale City Court. The officers testified that they arrested appellant because they believed he was in a place where he should not be, he had no legal business being there, and he could give no satisfactory reason why he should be there.\n\n5.", "before a magistrate, who concluded that fifty-six were ...
0
Jan.
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YAML Metadata Warning:empty or missing yaml metadata in repo card

Check out the documentation for more information.

CAP RLVR Holding Selection Dataset

Multiple-choice questions identifying correct legal holdings from case law

Dataset Overview

  • Task Type: Holding Selection
  • Train samples: 20,325
  • Validation samples: 2,540
  • Test samples: 2,540
  • Estimated size: 29MB

Task Description

Multiple-choice questions identifying correct legal holdings from case law

Data Format

Each record contains:

  • inputs: The question or prompt for the legal reasoning task
  • outputs: The expected answer or completion
  • Additional metadata specific to holding tasks

Usage

from datasets import load_dataset

# Load the dataset
dataset = load_dataset("kylebrussell/cap-rlvr-holding")

# Load specific split
train_data = load_dataset("kylebrussell/cap-rlvr-holding", split="train")

# Example usage
for example in train_data.take(1):
    print("Input:", example["inputs"])
    print("Output:", example["outputs"])

Training Recommendations

  • Model: Qwen3-14B or similar legal-focused models
  • Task-specific training: Can be used individually or combined with other legal reasoning tasks
  • Evaluation: Use test split for final evaluation, validation for hyperparameter tuning

Related Datasets

This is part of the CAP RLVR project. See also:

Source

Generated from the CAP RLVR project using the Caselaw Access Project corpus.

License

The dataset follows the terms of the original Caselaw Access Project data.

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