U.S. Court of Appeals for the Ninth Circuit, 1951

Stack v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided December 7, 1951 · Bone, Mathews, Orr

193 F.2d 875 (Federal Reporter, Second Series)

Counsel

Ben Margolis, A. L. Wirin, Daniel G. Marshall, Leo Branton, Jr. and Alexander H. Schullman, all of Los Angeles, Cal., Norman Leonard, San Francisco, Cal., and Leo A. Sullivan, Oakland, Cal., for appellants., Walter S. Binns, Acting U. S. Atty., Los Angeles, Cal., for appellee.

Cases that cite this one

7 later published cases cite this decision.

United States v. Spector (United States District Court for the Southern District of California 1951)
De Veau v. United States (D.C. 1982)
Yates v. United States (Supreme Court of the United States 1958)
Harkins v. Lauf (Mo. 1976)
United States v. Bert Croft, Jr. (6th Cir. 1971)
Spector v. United States (9th Cir. 1952)
Stack v. United States (9th Cir. 1951)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

MATHEWS, Circuit Judge

(dissenting).

On the grounds and for the reasons stated in its opinion, United States v. Schneiderman, D.C.S.D.Cal., 102 F.Supp. 52, the District Court’s order should be affirmed.

Opinion of the Court

PER CURIAM.

The order denying the motion of appellants to reduce the bail of $50,000.00 is reversed. The case is remanded and the district court ordered to enter orders as follows :

For each of the appealing defendants

Loretta Starvus Stack

William Schneiderman

Albert Jason Lima

Carl Rude Lambert

Oleta O’Connor Yates

Henry Steinberg

Mary Bernadette Doyle

an order that he or she be released from confinement upon the posting of bail in the sum of $10,000.00 cash or bond conditioned as required by law, to be approved by the District Court for the Southern District of California and filed with the Clerk of that court.

For each of the following appealing defendants

Al Richmond

Philip Marshall Connelly

Dorothy Rosenblum Healey

Rose Chernin Kusnitz

Ernest Otto Fox

an order that he or she be released from confinement upon the posting of bail in the sum of $5,000.00 cash or bond conditioned as required by law, to be approved by the district court for the Southern District of California and filed with the Clerk of that court.

WILLIAM DENMAN Chief Judge

ALBERT LEE STEPHENS Circuit Judge

WILLIAM HEALY Circuit Judge

WALTER L. POPE Circuit Judge

Concurring in Part

BONE and ORR, Circuit Judges

(concurring in part and dissenting in part).

We concur in the order of this court reversing the order of the District Court denying the motion to' reduce bail theretofore fixed in the sum of $50,000.

We dissent from the order of this court fixing bail of certain of the appealing defendants at $10,000 and of other appealing defendants in the sum of $5,000, for the reason that we deem, said amounts to be inadequate.

HOMER T. BONE WM. E. ORR United States Circuit Judges.

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