Legal Opinion

United States v. Mobile Materials, Inc. And Gerald O. Philpot

Court of Appeals for the Tenth Circuit

Decided July 28, 1989No. 86-1756PublishedCited by 77 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

2Per curiam

In our last disposition of this case, we declined to consider various points raised by appellants because we lacked relevant portions of the trial transcript. United States v. Mobile Materials, Inc. (Mobile Materials II), 871 F.2d 902, 906 n. 1, 918 (10th Cir.1989). This case illustrates the need for appellate counsel to monitor carefully the preparation, designation and transmission of the record on appeal. Three problems occurred here.

First, although a substantial portion of the trial transcript was ordered and filed 1 at the district court, some portions of the…

3Cases cited43 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. United States v. YoungSupreme Court of the United States · 1985
  3. Allen v. United StatesSupreme Court of the United States · 1896
  4. Bourjaily v. United StatesSupreme Court of the United States · 1987
  5. United States v. MillerSupreme Court of the United States · 1985

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4Cited by77 opinions

  1. Tal v. HoganCourt of Appeals for the Tenth Circuit · 2006
  2. Mitchell v. MaynardCourt of Appeals for the Tenth Circuit · 1996
  3. Bloate v. United StatesSupreme Court of the United States · 2010
  4. United States v. Norman D. Wright, United States of America v. George W. Kirby, Jr.Court of Appeals for the Tenth Circuit · 1991
  5. United States v. HardwellCourt of Appeals for the Tenth Circuit · 1996

72 more not listed; retrieve them via the Exa API.

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