Search for: "Midland Asphalt Corp. v. U.S" Results 1 - 5 of 5
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23 Aug 2007, 3:00 pm
An order is deemed effectively unreviewable only where " ‘the legal and practical value of [the right at stake will] be destroyed if not vindicated before trial.' " Midland Asphalt Corp. v. [read post]
19 Sep 2011, 11:05 am by mjpetro
United States, 431 U.S. 651, 658-60 (1977) Normally, it is true, the denial of a motion to dismiss an indictment cannot be appealed immediately if the ground of the motion can be reasserted if and when the defendant is convicted, as in such cases as Midland Asphalt Corp. v. [read post]
12 Jul 2010, 5:03 am
That is, an accord and satisfaction requires a "dispute as to the amount due and knowing acceptance by the creditor of a lesser amount" (Consolidated Edison Co. of N.Y. v Jet Asphalt Corp., 132 AD2d 296, 303 [1987]; see Marine Midland Bank v Scallen, 161 AD2d 103, 105 [1990]). [read post]