Sealand Terminals, Inc. v. Gasparic, No. 521

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtPER CURIAM
Citation7 F.3d 321
PartiesSEALAND TERMINALS, INC. and Utica Mutual Insurance Company, Petitioners, v. Mario GASPARIC and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. ocket 93-4103.
Docket NumberNo. 521,D
Decision Date21 October 1993
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55 practice notes
  • Parihuaman Carrasco v. Triple Canopy, Inc., 19-0485
    • United States
    • Court of Appeals of Longshore Complaints
    • September 29, 2020
    ...to draw a different conclusion from the same evidence, which is outside the Board's scope of review. Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 28 BRBS 7(CRT) (2d Cir. 1993); John W. McGrath Corp. v. Hughes, 289 F.2d 403 (2d Cir. 1961) (administrative law judge is entitled to draw inf......
  • Harris v. U.S., 97 CIV.1904(CSH).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 4, 2003
    ...for which the defendant is being sentenced, and it therefore does not result in double counting offense conduct toward sentencing. 7 F.3d at 321 (emphasis added). The Rosario court said that defendant's argument "ignores the difference between the use of force in committing a robbery, and f......
  • United States v. Bell, : 17-3792
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 7, 2020
    ...the commission of the offense in that the victim ‘could do nothing about [his] situation because of the physical restraint.’ " 7 F.3d at 321 (quoting United States v. Doubet , 969 F.2d 341, 347 (7th Cir. 1992) abrogated on other grounds by United States v. Dunnigan , 507 U.S. 87, 113 S.Ct. ......
  • U.S. v. Hickman, 97-40237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 1, 1998
    ...the physical holding of the victim or the confining of the victim in some manner coupled with a threat of violence. See, e.g., Rosario, 7 F.3d at 321 (defendant stood on victim's throat); United States v. Foppe, 993 F.2d 1444, 1452-53 (9th Cir.1993)(defendant dragged and grabbed victims); K......
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53 cases
  • Parihuaman Carrasco v. Triple Canopy, Inc., 19-0485
    • United States
    • Court of Appeals of Longshore Complaints
    • September 29, 2020
    ...to draw a different conclusion from the same evidence, which is outside the Board's scope of review. Sealand Terminals, Inc. v. Gasparic, 7 F.3d 321, 28 BRBS 7(CRT) (2d Cir. 1993); John W. McGrath Corp. v. Hughes, 289 F.2d 403 (2d Cir. 1961) (administrative law judge is entitled to draw inf......
  • Harris v. U.S., No. 97 CIV.1904(CSH).
    • United States
    • U.S. District Court — Southern District of New York
    • April 4, 2003
    ...for which the defendant is being sentenced, and it therefore does not result in double counting offense conduct toward sentencing. 7 F.3d at 321 (emphasis added). The Rosario court said that defendant's argument "ignores the difference between the use of force in committing a robbery, and f......
  • United States v. Bell, No: 17-3792
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 7, 2020
    ...the commission of the offense in that the victim ‘could do nothing about [his] situation because of the physical restraint.’ " 7 F.3d at 321 (quoting United States v. Doubet , 969 F.2d 341, 347 (7th Cir. 1992) abrogated on other grounds by United States v. Dunnigan , 507 U.S. 87, 113 S.Ct. ......
  • U.S. v. Hickman, No. 97-40237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 1, 1998
    ...the physical holding of the victim or the confining of the victim in some manner coupled with a threat of violence. See, e.g., Rosario, 7 F.3d at 321 (defendant stood on victim's throat); United States v. Foppe, 993 F.2d 1444, 1452-53 (9th Cir.1993)(defendant dragged and grabbed victims); K......
  • Request a trial to view additional results

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