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· 9/16/1993

United States v. Garry R. Benish

Citations

  • 5 F.3d 20
  • 1993 U.S. App. LEXIS 23805
  • 1993 WL 349968

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the District Court lacked discretion to depart downward based on the age and sex of marijuana plants, which made them “possibly weak”
  • concluding granting a motion to stay 5 discovery pending a motion to dismiss is within the Court’s discretion
  • district court would have abused its discretion in staying discovery if 24 the discovery was necessary to decide the dispositive motion
  • district court would have abused its discretion in staying discovery if the discovery 4 was necessary to decide the dispositive motion
  • district court would have abused its discretion in staying discovery if 10 the discovery was necessary to decide the dispositive motion
  • district court would have abused its discretion in staying discovery if 27 the discovery was relevant to whether or not the court had subject matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Mansmann, Greenberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.