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Foster v. American Machine & Foundry Co.

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Opinion
42 L. Ed. 2d 59 · Supreme Court of the United States · Oct 15, 1974
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Foster v. American Machine & Foundry Co.
S.D. New York · Dec 13, 1993
E.D. New York · Jul 2, 1993
Second Circuit · Apr 14, 1992
Sixth Circuit · Jan 8, 1992
Parentheticals
refusing to award throughput royalty in patent dispute because of relevant industry practice
many of judge’s comments were out of the presence of the jury, were provoked by the conduct of counsel, and were directed against both sides
United States v. Darryl Gordon Hickman and Fred McArthur Head
indictment for obstruction of justice by failing to produce documents before grand jury sufficient though it fails to specify in what way conduct was done corruptly
“It has been held that defendant’s state of mind does not provide a defense to the Section 7215 misdemeanor charge”
“Judges, while expected to possess more than the average amount of self-restraint, are still only human. They do not possess limitless ability, once passion is aroused, to resist provocation.”
on direct appeal of a jury verdict, the court noted that “the printed record cannot convey the atmosphere, the tones of voice of judge, counsel and parties, and their facial expressions.”
defendants were sufficiently apprised of the charge in the obstruction of justice count to enable them to prepare a defense
indictment under 18 U.S.C. § 1503 that alleged corrupt endeavor to obstruct justice by failure to produce “documents” subpoenaed by grand jury investigating specified fraud scheme not invalid for failure to allege corrupt conduct more specifically
indictment under 18 U.S.C. § 1503 that alleged corrupt endeavor to obstruct justice by failure to produce "documents” subpoenaed by grand jury investigating specified fraud scheme not invalid for failure to allege corrupt conduct more specifically