Case law

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  • United States v. Hoeninghaus & Curtiss

    137 F. 478 · Court of Appeals for the Second Circuit · Feb 24, 1905

    In Seeberger v. Hardy, 150 U. S. 420 , 14 Sup. Ct. 170, 37 L. … The court below based its opinion upon the decision in Seeberger v. Hardy. We fully concur in the opinion, and deem it unnecessary to add anything to it.

    Cited 5 timesPublished
  • Comolite Corp. v. Davidovicz

    111 F.2d 121 · Court of Appeals for the Second Circuit · Apr 15, 1940

    Patent No. 1,508,504, issued to James de Selding Brown on Sept. 16, 1924 on his application filed July 29, 1922,' for a heel for boots and shoes. It is now owned by the plaintiff. … Though this patent may not be treated broadly as prior art since it was not granted before the application for the patent in suit was filed, it does serve to show what Brown did not invent first. Stelos Co. v.

    Cited 7 timesPublished
  • Chin v. Port Authority of New York & New Jersey

    685 F.3d 135 · Court of Appeals for the Second Circuit · Jul 10, 2012

    In fact, the Superintendent occasionally promoted officers whom the Chiefs’ Board had declined to recommend ahead of those recommended by the Board. … See Brown v. Coach Stores, Inc., 163 F.3d 706, 711 (2d Cir. 1998).

    Cited 418 timesPublished
  • Syracuse Washing Mach. Corp. v. Vieau

    72 F.2d 410 · Court of Appeals for the Second Circuit · Aug 7, 1934

    See Smith v. Muller, 75 F. 612, 614 (C. C. Del.); Bernardin v. Northall, 77 F. 849, 850 (C. C. Ind.); McKnight v. Metal Volitilization Co., supra; Dover v. Greenwood, 143 F. 136, 137 (C. C. R. I.). … On that we have a square ruling in his favor by the Examiner of Interferences and the Board of Appeals. We assume, as we did in Dowling v. Jones, 67 F.(2d) 537, 538 , that the rule of Morgan v. Daniels, 153 U.

    Cited 8 timesPublished
  • Ayers v. Fordice

    111 F.3d 1183 · Court of Appeals for the Second Circuit · Apr 23, 1997

    Ayers v. … Plaintiffs note in their briefs that this court struck down, as unlawfully discriminating against black applicants to Mississippi universities, a requirement established by the Board shortly after the decision in Brown v.

    Cited 0 timesPublished
  • Ilona Horvath v. Westport Library Association

    362 F.3d 147 · Court of Appeals for the Second Circuit · Mar 11, 2004

    Id.; see also Hall v. … officials); Becker v.

    Cited 7 timesPublished
  • United States ex rel. Martin v. Walker

    203 F.2d 563 · Court of Appeals for the Second Circuit · Apr 1, 1953

    The decision is affirmed on the opinion of the District Court 111 F.Supp. 455 and *564 on the authority of State v. Reddick, 139 Conn. 398 , 94 A.2d 613 ; Darr v. Burford, 339 U.S. 200, 70 . … S.Ct. 587, 94 L.Ed. 761 , and Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397, 437 .

    Cited 2 timesPublished
  • Kenan v. Commissioner of Internal Revenue

    114 F.2d 217 · Court of Appeals for the Second Circuit · Aug 7, 1940

    The Board alluded to the fact that both here and in Suisman v. … The legatee’s basis would seem to be the value of the claim surrendered in 'exchange for the securities; and the Board of Tax Appeals has so held. Sherman Ewing v. Commissioner of Internal Revenue, 40 B.T.A. 911 .

    Cited 19 timesPublished
  • John R. FREEMAN, Appellant, v. MARINE MIDLAND BANK-NEW YORK, Appellee

    494 F.2d 1334 · Court of Appeals for the Second Circuit · Mar 25, 1974

    Moore, Federal Practice fí 56.02 [3] (1972); Pirone v. Flemming, 278 F.2d 508 (2d Cir. 1960), aff’g, 183 F.Supp. 739 (S.D. *1339 N.Y.1959). … We therefore need not determine the effect of Regulation X, which makes the knowing borrower particeps criminis with the lender in a Regulation U violation, on our holding in Pearlstein v.

    Cited 62 timesPublished
  • United States ex rel. De Sousa v. Day

    22 F.2d 472 · Court of Appeals for the Second Circuit · Nov 14, 1927

    In the case of Gegiow v. Uhl, 239 U. S. 3 , 36 S. Ct. 2 , 60 L. … Smith v. Curran (C. C. A.) 12 F.(2d) 636 , and United States ex rel. Azizian v. Curran (C. C.

    Cited 9 timesPublished
  • Osborne v. Salvation Army

    107 F.2d 929 · Court of Appeals for the Second Circuit · Nov 13, 1939

    On October 28, 1927, the plaintiff, being out of work, applied for admission to the Home and was given board and lodging. … In Maleeny v.

    Cited 19 timesPublished
  • In Re: The Bennett Funding Group, Inc.

    336 F.3d 94 · Court of Appeals for the Second Circuit · Jul 15, 2003

    Id. at 118 (citing Barnes v. … See Argus, Inc. v.

    Cited 92 timesPublished
  • Burris v. American Chicle Co.

    120 F.2d 218 · Court of Appeals for the Second Circuit · May 26, 1941

    Co. v. Compania T. E. Co., 134 N.Y. 461 , 31 N. E. 987 , 30 Am.St.Rep. 685 ; American Employers’ Ins. Co. v. Brandt Masonry Corp., 252 App.Div. 506 , 299 N.Y.S. 984 ; Birchall v. Clemons Realty Co. … Mirsky v. Seaich Realty Co., 256 App.Div. 658 , 11 N.Y.S.2d 191 ; Interborough Rapid Transit Co. v. City of New York, 237 App.Div. 612 , 262 N.Y.S. 388 ; Scott v.

    Cited 75 timesPublished
  • The Guardian Life Insurance Company of America v. George Robitaille

    495 F.2d 890 · Court of Appeals for the Second Circuit · Apr 4, 1974

    Co., 349 Mass. 78 , 206 N.E.2d 660 (1965) (Hodgkin’s disease); Brown v. Greenfield Life Ass’n., 172 Mass. 498 , 53 N.E. 129 (1899) (“consumption”); Rainger v. Boston Mut. … Shaw v. Commercial Ins. Co., 270 N.E.2d 817 , 821 (Mass.Sup.Jud.Ct.1971). . In his statement to the Naval Board of Record Corrections, Dr.

    Cited 5 timesPublished
  • Perfect Fit Industries, Inc. v. Acme Quilting Co., Inc.

    673 F.2d 53 · Court of Appeals for the Second Circuit · Mar 5, 1982

    See McComb v. Jacksonville Paper Co., 336 *57 U.S. 187, 191, 69 S.Ct. 497, 499 , 93 L.Ed. 599 (1949); United States v. UMW, 330 U.S. 258, 303-04 , 67 S.Ct. 677, 701 , 91 L.Ed. 884 (1947); Vuitton et Fils S.A. v. … United States v. UMW, supra, 330 U.S. at 304 , 67 S.Ct. at 701 . See also International Business Machines Corp. v.

    Cited 84 timesPublished
  • Shafii v. PLC British Airways

    22 F.3d 59 · Court of Appeals for the Second Circuit · Apr 20, 1994

    , the voluntary counterpart to the mandatory National Railroad Adjustment Board (“NRAB” or “Board”), created under the RLA § 153 First. … Clerks v.

    Cited 20 timesPublished
  • Carlo Gambino v. Immigration and Naturalization Service

    419 F.2d 1355 · Court of Appeals for the Second Circuit · Jan 7, 1970

    Kimm v. Rosenberg, 363 U.S. 405 , 80 S.Ct. 1139 , 4 L.Ed.2d 1299 (1960); see DeLucia v. … Although we would not normally allow the raising of a new objection to the Board’s order at this stage in the proceedings, cf. Unemployment Compensation Commission of Alaska v.

    Cited 12 timesPublished
  • United States ex rel. Di Rosa v. Day

    37 F.2d 459 · Court of Appeals for the Second Circuit · Jan 20, 1930

    Tulsidas v. Insular Collector, 262 U. S. 258 , 43 S. Ct. 586 , 67 L. Ed. 969 ; United States v. Curran (C. C. A.) 4 F.(2d) 356 ; United States v. Tod (C. C. A.) 296 F. 345 . … In Chryssikos v. Commissioner (C. C.

    Cited 1 timesPublished
  • Friedman v. Heckler

    765 F.2d 383 · Court of Appeals for the Second Circuit · Jun 24, 1985

    . § 1395x(v)(l)(A). As the Ninth Circuit noted in Marina Mercy Hospital v. … As the Supreme Court noted in Knebel v.

    Cited 6 timesPublished
  • Lehigh Structural Steel Co. v. Great Lakes Const. Co.

    72 F.2d 229 · Court of Appeals for the Second Circuit · Jul 9, 1934

    Steel Board of Trade Contract — Lehigh St. Steel Co. T. R. Mullen, V. P.” … That the form of the contract was definitely adopted is plain from the words, “Contract subject to Board of Trade Form,” and “Subject to St. Steel Board of Trade Contract.”

    Cited 13 timesPublished

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