CALLAHAN ET AL.

v.

SLAYTON, PENITENTIARY SUPERINTENDENT, ET AL.

Citator

Cited By

• Bauer v. State, 528 So. 2d 6 (Fla. 2d DCA 1988)
  …t had concluded they were barred by previous Fifth Circuit precedent from receding from that long established rule. I submit that the previous rule of the Fifth Circuit, as stated in United States v. Robinson, 446 F. 2d 562 (5th Cir.), cert. denied, 404 U.S. 959, 92 S.Ct. 323, 30 L.Ed.2d 277 (1971), was analogous to the rule that has also long been the established rule in Florida as announced in the Florida cases I have heretofore cited. The problem in the majority relying upon Webster is that the Florida r…

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• United States v. Jannotti, 673 F.2d 578 (3d Cir. 1982)
  …(evidence of prior dealings in illegal narcotics), or testimony that they were reputed among their associates or in the community to be disposed to accept bribes, cf. United States v. Robinson, 446 F. 2d 562 (5th Cir.) . (per curiam), cert. denied, 404 U.S. 959, 92 S.Ct. 323, 30 L.Ed.2d 277 (1971) (evidence of reputation for unlawful dealings). The prosecution shunned these methods of proof, however, and offers only untested declarations of opinion to support the verdict. Even if I considered this evidence…
• Rodriguez v. East Texas Motor Freight, 505 F.2d 40 (5th Cir. 1974)
  …afety and efficiency can be served by a reasonably available alternative system with less discriminatory effects, then the present policies may not be continued. United States v. Bethlehem Steel Corp., 2 Cir. 1971, 446 F. 2d 652, 662, cert. denied, 404 U.S. 959. “In other words, management convenience and business necessity are not synonymous.” United States v. Jacksonville Terminal Co., 451 F. 2d at 451. The business necessity test essentially involves balancing the need for the challenged practice or po…