· 8/8/1983
United States v. Gary L. Shively, United States of America v. G. Winfield Pardee
Citations
- 715 F.2d 260
- 1983 U.S. App. LEXIS 25123
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, even though “national banks are required by law to be insured by the FDIC, you cannot infer from the fact that someone is required by law to do something that he has done it.... [A] national bank like any other bank can lose its insured status.”
- “Counsel was able to cross-examine the expert effectively even though he lacked access to the expert’s report.”
- willful misapplication “must require that the bank’s money have been used for a purpose that the bank would not have agreed to had it known what the purpose was”
- “But there is no way in which a certificate of insurance issued in 1969 could be taken to refer to a bank’s insured status in 1978 without any other evidence.”
- “Severance is argued in almost every case where there are multiple defendants, and appellate courts give the argument short shrift, regarding it as a matter within the discretion of the trial judge.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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