U.S. v. Newman

Decision Date08 February 1983
Citation722 F.2d 729
PartiesU.S. v. Newman (James Mitchell) NO. 82-1273
CourtU.S. Court of Appeals — Second Circuit

Appeal From: S.D.N.Y.

AFFIRMED.

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23 cases
  • Chemical Bank v. Arthur Andersen & Co., 109
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 20, 1984
    ... ... There is no need for us to recapitulate the oft-described complex facts of the Superintendent of Insurance case. It suffices to point out that the Court had found, long ... 4.7(574)(3), at 88.34 (1982), a phrase which this court quoted in United States v. Newman, 664 F.2d 12, 18 (1981), judgment following remand affirmed by order, 722 F.2d 729 (2 Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 193, 78 ... ...
  • United States v. Winans
    • United States
    • U.S. District Court — Southern District of New York
    • July 24, 1985
    ... ... The legal argument will be addressed below, but we believe it is unnecessary for us to make the fine, factual distinctions between knowledge of a policy and knowledge of a practice that the defendants would have us make. In any ... Newman, 664 F.2d 12, 15 (2d Cir.1981), aff'd after remand, 722 F.2d 729 (2d Cir.), cert. denied, ___ U.S. ___, 104 S.Ct. 193, 78 L.Ed.2d 170 (1983) ... ...
  • U.S. v. Chestman
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 7, 1991
    ... ...         Before OAKES, Chief Judge, FEINBERG, * MESKILL, NEWMAN, KEARSE, CARDAMONE, WINTER, PRATT, MINER, ALTIMARI, MAHONEY and McLAUGHLIN, Circuit Judges ... ON REHEARING IN BANC ...         MESKILL, ...         That does not end our inquiry, however. The misappropriation theory requires us to consider not only whether there exists a fiduciary relationship but also whether there exists a "similar relationship of trust and confidence." ... ...
  • U.S. v. Bryan
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • August 22, 1995
    ... ... See United States v. Newman, 664 F.2d 12 (2d Cir.1981), aff'd after remand, 722 F.2d 729 (2d Cir.), cert. denied, 464 U.S. 863, 104 S.Ct. 193, 78 L.Ed.2d 170 (1983); United ... Section 10(b), insofar as concerns us, see infra pp. 945-46, prohibits only the use of deception, in the form of material misrepresentations or omissions, to induce action or inaction by ... ...
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