Case law

Morse Dry Dock & Repair Co. v. United States

1 F.2d 233 · Court of Appeals for the Second Circuit · Jul 1, 1924

Hewitt v. Loosemore, 9 Hare, 449, 458; Hopgood v. Ernest, 3 De Gex, J. & S. 116, 121; Atterbury v. Wallis, 8 De Gex, M. & G. 454, 466. Soo, too, Kirsch v. Tozier, 143 N. Y. 390 , 38 N. E. 375 , 42 Am. St. … Rep. 729 ; Petrain v. Kiernan, 23 Or. 455 , 32 Pac. 158 ; 2 Pomeroy’s Eq. Jur. (3d Ed.) § 612.

National Labor Relations Board v. Fiore Brothers Oil Company, Inc., and Amalgamated Union Local 355

317 F.2d 710 · Court of Appeals for the Second Circuit · May 22, 1963

The National Labor Relations Board petitions for enforcement of its order issued against Fiore Brothers Oil Company, Inc. and Amalgamated Union Local 355. 1 *The Board found that the Company violated Sections 8(a) (1), (2 … Although the Company has questioned the jurisdiction of the Board below, our jurisdiction, and that of the Board, is clear. N. L. R. B. v. Reliance Fuel Oil Corp., 371 U.S. 224 , 83 S.Ct. 312 , 9 L.Ed. 2d 279 (1963).

National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

477 F.2d 260 · Court of Appeals for the Second Circuit · Apr 10, 1973

Surely the Board could have found the same here. Similarly, in Truck Drivers and Helpers Local Union #728 v. … As the Supreme Court has noted in another context, a “proceeding by the Board is not to adjudicate private rights but to effectuate a public policy.” NLRB v.

Turpin v. Mailet

579 F.2d 152 · Court of Appeals for the Second Circuit · Jun 5, 1978

Almost a quarter century has passed since the Supreme Court’s landmark opinion in Brown v. … Courts have placed significant fiscal burdens on governmental entities in efforts to desegregate schools, see Brown v.

Fitzroy Gerald v. United States Lines Company, and Third-Party Plaintiff-Appellee-Appellant v. Jose R. Vega, Third-Party

368 F.2d 343 · Court of Appeals for the Second Circuit · Nov 3, 1966

Returning to the ship with three or four cans of beer in a brown paper bag he saw no one at the head of the gangway and proceeded directly to his room without encountering anyone. … See Horton v. Moore-McCormack Lines, Inc., 326 F.2d 104 (2d Cir. 1964); Walters v. Moore-McCormack Lines, Inc., 309 F.2d 191, 193-194 (2d Cir. 1962) and cases there cited; Stankiewicz v.

Wenc v. New London Board of Education

702 F. App'x 27 · Court of Appeals for the Second Circuit · Aug 21, 2017

McElwee v. County of Orange, 700 F.3d at 642. … See Treglia v. Town 3 In the 2013–2014 school year, the Board transferred Wenc to the fifth grade, providing him with two classroom aides, a wheelchair, and a swiveling office chair.

United States v. Barret

848 F.3d 524 · Court of Appeals for the Second Circuit · Feb 15, 2017

United States v. … They cite to Massiah v.

Pan American World Airways, Inc., Trans World Airlines, Inc., American Airlines, Inc. v. Civil Aeronautics Board, World Airways, Inc., Intervenors

380 F.2d 770 · Court of Appeals for the Second Circuit · Jul 20, 1967

American Airlines v. Civil Aeronautics Board, supra, 348 F.2d at 352 . … First Nat’l Bank of Logan, Utah v. Walker Bank, supra, 385 U.S. at 258-260 , 87 S.Ct. 492 ; see also Brown Shoe Co. v. United States, 370 U.S. 294, 311-323 , 82 S.Ct. 1502 , 8 L.Ed.2d 510 (1962).

Howard M. Newman v. John H. Shaffer, Administrator, Federal Aviation Administration, and National Transportation Safety Board

494 F.2d 1219 · Court of Appeals for the Second Circuit · Apr 5, 1974

Newman petitions for review of an order of the National Transportation Safety Board holding he had violated 14 C.F.R. § 91.170 (a) (the Regulation) 1 and suspending his commercial pilot certificate for 30 days. … The Board found that Newman, in operating aircraft covered by the Regulation, had committed violations in two respects : First, he had flown aircraft *1220 whose altimeters had not been timely tested, and second, Newman had

Fairbrother v. Morrison

412 F.3d 39 · Court of Appeals for the Second Circuit · Jun 14, 2005

Brown stated that Fairbrother then laughed and left the room. … Coffey v. Dobbs Int’l Servs., Inc., 170 F.3d 323, 326 (2d Cir.1999). Coffey relied on United States Postal Service Board of Governors v.

Kaynard v. Mego Corp.

633 F.2d 1026 · Court of Appeals for the Second Circuit · Sep 12, 1980

Danielson v. Joint Board, supra, 494 F.2d at 1245 . Accord, Danielson v. International Organization of Masters, Mates & Pilots, 521 F.2d 747 (2 Cir. 1975). … See Brown v. Pacific Telephone & Telegraph Co., 218 F.2d 542 (9 Cir. 1954); Dick v. Sinclair Glass Co., 283 F.Supp. 505 (N.D.Ind.1967); Greene v. Mr. Wicke Ltd., 270 F.Supp. 1012 (D.Conn.1967); Greene v.

Nelson v. American-West African Line, Inc.

86 F.2d 730 · Court of Appeals for the Second Circuit · Dec 7, 1936

The circumstances were indeed different because the superior officer was on duty at the time, but the plaintiff did not, and could not, assert that the assault in fact was in aid of discipline on board the ship, or that it … Pennsylvania Mining Co. v. Jarnigan, 222 F. 889 (C.C.A.8); Whitted v. Southwestern T. & T. Co., 231 F. 926 (C.C.A.8) ; Schultz v. Brown, 256 F. 187, 191 (C.C.A.9); Thompson *732 Starrett Co. v. Heinold, 60.

New York Mailers' Union No. Six, International Typographical Union v. National Labor Relations Board

327 F.2d 292 · Court of Appeals for the Second Circuit · Jan 28, 1964

[National] Labor [Relations] Board v. United Steelworkers [of America, C. I. O.], supra [357 U.S. at 357], at 362-363 [ 78 S.Ct. at 1271 , 2 L.Ed.2d 1383 ].” N. L. R. B. v. … B. v. Brown, 319 F.2d 7 (10 Cir.), petition for cert, filed, 84 S.Ct. 484 (U. S.

Rose v. Long Island Railroad Pension Plan

828 F.2d 910 · Court of Appeals for the Second Circuit · Sep 3, 1987

The decision of the Board of Managers was subsequently affirmed by the LIRR’s Joint Board on Pension Applications. … See also Popkin v.

Gilmore v. Stone

115 F. App'x 108 · Court of Appeals for the Second Circuit · Dec 17, 2004

United States v. Daniel Andrew Seeger

326 F.2d 846 · Court of Appeals for the Second Circuit · Jan 20, 1964

Zorach v. Clauson, 343 U.S. 306 , 72 S.Ct. 679 , 96 L.Ed. 954 (1952); Everson v. Board of Education, supra. … See Sherbert v. Verner, 374 U.S. 398 , 83 S.Ct. 1790 , 10 L.Ed.2d 965 (1963); cf. Braunfeld v. Brown, 366 U.S. 599 , 81 S.Ct. 1144 , 6 L.Ed.2d 563 (1961).

Li v. Holder

330 F. App'x 243 · Court of Appeals for the Second Circuit · May 26, 2009

See Zhao v. U.S. Dep’t of Justice, 265 F.3d 83 , 89-90 (2d Cir.2001). See also Chhetry v. U.S. … Mukasey, 520 F.3d 119, 124-25 (2d Cir.2008) (finding a petitioner ineligible for § 212(c) relief because he had served over five years in prison before applying for the relief); Brown v.

United States v. Salvatore Shillitani

345 F.2d 290 · Court of Appeals for the Second Circuit · May 18, 1965

Brown v. United States, 359 U.S. 41, 50 , 79 S.Ct. 539 , 3 L.Ed.2d 609 (1959). Furthermore, the defendant must be made aware that the order has been *293 issued. See Green v. … Grand jury proceedings cannot be disclosed to a parole board without a court order which the parolee would be entitled to oppose. See Fed.R. Crim.P. 6(e); cf. Pittsburgh Plate Glass Co. v.

Waterhouse v. Rodriguez

848 F.2d 375 · Court of Appeals for the Second Circuit · Jun 3, 1988

Waterhouse v. … Hawkins v.

Schwabenbauer v. Board Of Education Of The City School District Of The City Of Olean

777 F.2d 837 · Court of Appeals for the Second Circuit · Nov 22, 1985

See also, Popkin v. … Farris v. Board of Education of the City of St. Louis, 576 F.2d 765, 768-69 (8th Cir.1978). Cf. United Air Lines, Inc. v. Evans, 431 U.S. 553 , 97 S.Ct. 1885 , 52 L.Ed.2d 571 (1977); Cates v.