The Court thus placed the burden on the applicant as to showing what equivalents were not surrendered.
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In his charge to the jury, the trial judge required her to prove duress by a preponderance of the evidence.
Justice Harlan wrote a brief concurrence, in which he agreed with Brennan's discussion of pendent jurisdiction, but disagreed with his interpretation of the standard of proof required for a claim under the Norris-LaGuardia Act.