Opinion

Falcone v. Dantinne

  • 420 F.2d 1157
  • 72 L.R.R.M. (BNA) 2806
Court
Court of Appeals for the Third Circuit
Filed
Nov 24, 1969
Status
Published
On the bench
Biggs, Freedman, Stahl
Cited by
51 cases
Authority
More cited than 18.4%

finding plaintiff not provided full and fair hearing where one member of Trial Board admitted he “made up [his] mind” prior to hearing

How later courts described this case

  • finding plaintiff not provided full and fair hearing where one member of Trial Board admitted he “made up [his] mind” prior to hearing
  • “[S]ince an element of a full and fair hearing is that the Trial Body be impartial, the duty of disqualification because of prejudgment or bias would seem to rest, at least in part, with the members of the Trial Body.”
  • “[W]e need go no further than to find evidence to support the charge that one member of the trial body had prejudged the case in order to conclude that the hearing violated the Act.”
  • union disciplinary hearing required to be "full and fair" under 29 U.S.C. § 411(a) (5) (C)

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING.

Appellant has renewed the request he made below for attorney’s fees. The district court’s opinion would indicate the request had been dropped. 288 F.Supp. 719, at 728 . Appellant asserts otherwise. We believe this matter should be disposed of by the district court on remand of the case. See Gartner v. Soloner, 384 F.2d 348 (3d Cir. 1967), cert. denied, 390 U.S. 1040 , 88 S.Ct. 1633 , 20 L.Ed.2d 302 (1968). Accordingly, petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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