Case law

United States Ex Rel. Ciccerelli v. Curran

12 F.2d 394 · Court of Appeals for the Second Circuit · Mar 26, 1926

Ed. 1068 ; Nishimura Ekiu v. United States, 12 S. Ct. 336 , 142 U. S. 651, 659 , 35 L. Ed. 1146 ; Fong Yue Ting v. United States, 13 S. Ct. 1016 , 149 U. S. 698, 713 , 37 L. Ed. 905 ; Lem Moon Sing v. … Ed. 1082 ; Lapina v. Williams, 34 S. Ct. 196 , 232 U. S. 78, 88 , 58 L. Ed. 515 ; Bugajewitz v. Adams, 33 S. Ct. 607 , 228 U. S. 585 , 57 L. Ed. 978 ; Lewis v. Frick, 34 S. Ct. 488 , 233 U. S. 291 , 58 L.

Gargiul v. Tompkins

739 F.2d 34 · Court of Appeals for the Second Circuit · Jul 6, 1984

“Board”). … Following Lombard v.

Bolarinwa v. Williams

593 F.3d 226 · Court of Appeals for the Second Circuit · Jan 28, 2010

See Zerilli-Edelglass v. New York City Transit Auth., 333 F.3d 74, 80 (2d Cir.2003) (untimely EEOC complaint); Brown v. Parkchester S. Condos., 287 F.3d 58, 60 (2d Cir.2002) (untimely Title VII complaint); Boos v. … Brown, 287 F.3d at 60 (internal quotation marks omitted).

United States v. John Kenneth Back, Jr.

409 F.2d 1318 · Court of Appeals for the Second Circuit · Apr 28, 1969

Purvis, 403 F. 2d 555, 559 (2d Cir. 1968); United States v. Gearey, 368 F.2d 144, 148 (2d Cir. 1966), by the belatedness of appellant’s claim, see United States v. … United States v. Purvis, supra, 403 F. 2d at 557 , 562 n. 20.

United States v. Milwood W. C. Hughes, Jr.

490 F.2d 597 · Court of Appeals for the Second Circuit · Jan 11, 1974

However, we agree with the trial judge that the controlling date is when the request for reclassification was actually received by the local board. United States v. … That Memorandum clearly applies only to specified situations where the registrant’s response is triggered by board action and restricted to specified time limits. 4 United States v.

Geneva L. Powell v. Railroad Retirement Board

104 F.3d 354 · Court of Appeals for the Second Circuit · Nov 4, 1996

POWELL, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent. No. 96-4061. United States Court of Appeals, Second Circuit. Nov. 4, 1996. Appearing for Petitioner: Geneva L. Powell, pro se, New York, New York. … We may not overturn a decision of the Board unless the decision is unsupported by substantial evidence in the record or is based on an error of law. See Poole v.

In the Matter of Complaint and Suit of Samuel Cunningham v. Erie Railroad Company and United Railroad Workers of America, Inc., C. I. O., Local 1463

266 F.2d 411 · Court of Appeals for the Second Circuit · May 4, 1959

. § 153 , creating the National Railroad Adjustment Board. … The argument of the railroad is that the Adjustment Board alone is competent to decide questions such as the dispute between the parties here, citing Slocum v. Delaware, L. & W. R.

The Squanto

13 F.2d 548 · Court of Appeals for the Second Circuit · Jul 12, 1926

The crew had no immediate need of food, for there was on board bread, pork, cans of milk and peas, as well as corned beef in sufficient quantities to last out the voyage. She also had good drinking water on board. … The customs officers who boarded the Squanto found the hatches sealed.

Itsi Tv Productions, Inc. v. Agricultural Associations, for the 2nd (Also Referred to as San Joaquin Co Fair), 7th (Also) Referred to as Monterey Co Fair), 9th (Also Referred to as Redwood Acres Fair), 15th (Also Referred to as Great Kern Co Fair), 19th (Also Referred to as Santa Barbara National Horse and Flower Show), 21st (Also Referred to as Fresno County Fair), 22nd (Also Referred to as Del Mar Fair), 27th (Also Referred to as Shasta District Fair), 31st (Also Referred to as Ventura County Fair), 37th (Also Referred to as Santa Barbara County Fair), and 50th Districts (Also Referred to as Antelope Valley Fair--All Named in Plaintiff's Second Amended Complaint), and California Authority Racing Fairs, Itsi Tv Productions, Inc. v. California Exposition and State Fair, and California Authority Racing Fairs

3 F.3d 1289 · Court of Appeals for the Second Circuit · Aug 31, 1993

Patsy v. Board of Regents of the State of Florida, 457 U.S. 496 , 516 n. 19, 102 S.Ct. 2557 , 2567 n. 19, 73 L.Ed.2d 172 (1982). … Brown v. Fifteenth Dist. Agric. Fair Ass'n, 159 Cal.App.2d 93 , 323 P.2d 131, 133 (1958). See also Lewis v. Seventeenth Dist. Agric.

Mercado v. United States

184 F.2d 24 · Court of Appeals for the Second Circuit · Jul 13, 1950

Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the district where the deposition is taken for an order compelling an answer,” In Brown v. Isthmian S. S. Corp., D.C.E.D. … Johnson v. U. S. Shipping Board Emergency Fleet Corp., 280 U.S. 320 , 50 S.Ct. 118 , 74 L.Ed. 451 ; Untersinger v. United States, supra; Robinson on Admiralty 324, 325, 1939.

Daniels v. Department of Motor Vehicles

126 F. App'x 44 · Court of Appeals for the Second Circuit · Apr 19, 2005

Daniels v. Dep’t of Motor Vehicles, No. 3:03CV374(HBF), 2004 WL 834640 (D.Conn. Mar. 18, 2004). … Liteky v. United States, 510 U.S. 540, 555 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994).

Official Committee Of The Unsecured Creditors Of Color Tile, Inc. v. Coopers & Lybrand, Llp

322 F.3d 147 · Court of Appeals for the Second Circuit · Feb 20, 2003

Miller v. … Thompson v.

Ramapo, Inc. v. Commissioner of Internal Revenue

84 F.2d 986 · Court of Appeals for the Second Circuit · Jul 6, 1936

Peabody v. Eisner, 247 U.S. 347 , 38 S.Ct. 546 , 62 L.Ed. 1152 . See, also, Rockefeller v. United States, 257 U.S. 176 , 42 S.Ct. 68 , 66 L.Ed. 186 ; Marr v. … To the same effect is Duke v. Commissioner, 18 B.T.A. 374 . See, also, Appeal of Bradley, 1 B.T.A. 111, 117 ; Venner v. Southern Pac. Co., 279 F. 832, 840 (C.C.A. 2). If Helvering v.

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Hotel, Motel and Club Employees Union, Local 6

381 F.2d 500 · Court of Appeals for the Second Circuit · Jul 28, 1967

See, Calhoon v. Harvey, 379 U.S. 134 , 85 S.Ct. 292 , 13 L.Ed.2d 190 (1964); Gurton v. Arons, 339 F.2d 371 (2d Cir. 1964). … Since service on the Executive Board is confined to officers and members of the Assembly, the provision of the bylaw for previous service on the Executive Board may be disregarded.

Erie R. v. Littell

128 F. 546 · Court of Appeals for the Second Circuit · Jan 27, 1904

Park Bros. & Co. v. Bushnell, 60 Fed. 583, 585 , 9 C. C. A. 138 ; Hodge v. Chicago & A. Ry. Co., 121 Fed. 48, 52 , 57 C. C. A. 388 . … English v. Delaware & Hudson Canal Co., 66 N. Y. 454 [ 23 Am. Rep. 69 ]; Brown v. Memphis & Charleston R. R. Co. [C. C.] 7 Fed. 51 ; Philadelphia, Wilmington & Baltimore Railroad v. Rice, 64 Md. 63 [ 21 Atl. 97 ].” .

Kessler v. Grand Central District Management Ass'n, Inc.

158 F.3d 92 · Court of Appeals for the Second Circuit · Oct 13, 1998

Board of Estimate v. Morris, 489 U.S. 688, 693 , 109 S.Ct. 1433 , 103 L.Ed.2d 717 (1989) (quoting Reynolds v. Sims, 377 U.S. at 565 , 84 S.Ct. 1362 ). The Court in Reynolds v. … See, e.g., Board of Estimate v. Morris, 489 U.S. at 692-93 , 109 S.Ct. 1433 ; Hadley v. Junior College District, 397 U.S. 50, 54 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970); Avery v.

Antkowiak v. Ambach

838 F.2d 635 · Court of Appeals for the Second Circuit · Jan 27, 1988

Rowley v. … Robinson v. Pinderhughes, 810 F.2d 1270, 1272 (4th Cir.1987). Moreover, the school board chose not to appeal the hearing officer's decision.

United States v. Henriquez

731 F.2d 131 · Court of Appeals for the Second Circuit · Mar 20, 1984

Circling the vessel prior to boarding, the boarding party saw two small boards or plaques on the railing just above the pilot house reading "Juan XXIII, Honduras." … United States v.

Seas Shipping Company, Inc. v. Commissioner of Internal Revenue

371 F.2d 528 · Court of Appeals for the Second Circuit · Jan 16, 1967

United States v. Davis, 370 U.S. 65 , 82 S.Ct. 1190 , 8 L.Ed.2d 335 (1962); Philadelphia Park Amusement Co. v. United States, 126 F.Supp. 184 , 130 Ct.Cl. 166 (1954); United States v. … See, e. g., United States v.

United States v. Ernesto J. Benevento, Ernest A. Benevento, Earl A. Keller, and Carmine Loiacono

836 F.2d 60 · Court of Appeals for the Second Circuit · Dec 18, 1987

Customs agents then arrested the Beneventos for currency violations as they were boarding their flight to Geneva. … Texas v. Brown, 460 U.S. 730, 742 , 103 S.Ct. 1535, 1543 , 75 L.Ed.2d 502 (1983). Moreover, a district court’s determination of probable cause is given “great deference” on appeal. See United States v.