Case law

Commissioner of Internal Revenue v. Hopkinson

126 F.2d 406 · Court of Appeals for the Second Circuit · Mar 6, 1942

He did not rely upon this contention before the Board but wishes to do so now. We think that is permissible under Hormel v. … Helvering v. Elbe Oil Land Development Co., 303 U.S. 372 , 58 S.Ct. 621 , 82 L.Ed. 904 ; Littlefield v. Perry, 21 Wall. 205 ; 88 U.S. 205 , 22 L.Ed. 577 ; Rude v.

Novo Trading Corp. v. Commissioner of Internal Rev.

113 F.2d 320 · Court of Appeals for the Second Circuit · Jul 15, 1940

The Board has sustained his contention. … Kingan & Co. v. United States, Ct.Cl., 44 F.2d 447 ; Consolidated Paper Co. v. United States, Ct.Cl., 59 F.2d 281 ; see also Goodman v. Niblack, 102 U.S. 556 , 26 L.Ed. 229 ; Seaboard Airline Ry. v.

Iit, An International Investment Trust v. Bernard Cornfeld

619 F.2d 909 · Court of Appeals for the Second Circuit · Mar 17, 1980

In Brown v. … of directors and officers, that Atlas was never even represented on either board, and that the boards acted properly and in good faith.

Securities And Exchange Commission v. Credit Bancorp, Ltd.

290 F.3d 80 · Court of Appeals for the Second Circuit · May 9, 2002

Stephenson is also founder and chairman of the board of Vintage Petroleum, Incorporated ("Vintage Petroleum"), a publicly traded oil and gas company. … The first, at Alex Brown and Sons, is a CBL account identified by account number only.

Stella v. Kaiser

221 F.2d 115 · Court of Appeals for the Second Circuit · Apr 11, 1955

Garrett v. Moore-McCormack, 317 U.S. 239 , 63 S.Ct. 246 , 87 L.Ed. 239 ; Dice v. Akron, etc., Railroad Co., 342 U.S. 359 , 72 S.Ct. 312 , 96 L.Ed. 398 . … Tested by federal law the appeal falls directly within the doctrine of McKenna v.

Simon B. Vargas v. Immigration & Naturalization Service

938 F.2d 358 · Court of Appeals for the Second Circuit · Jun 28, 1991

The BIA defined such an order to have been issued “when the Board renders its decision in the case upon appeal or certification or, where no appeal to the Board is taken, when appeal is waived or the time allotted for appeal … ’s mandate.”); Doyle v.

National Hospital and Institutional Builders Company v. Goldstein

658 F.2d 39 · Court of Appeals for the Second Circuit · Aug 17, 1981

Garrity, Trustee of the Debtor, Appellant, v. Philip GOLDSTEIN, New York City Dept. of Buildings, and New York City Board of Standards & Appeals, Defendants-Appellees. No. 1301, Docket 81-5009. … Central Avenue News, Inc. v. City of Minot, 651 F.2d 565 (8th Cir. 1981) and Eagle Books, Inc. v.

SPGGC, LLC v. Blumenthal

505 F.3d 183 · Court of Appeals for the Second Circuit · Oct 19, 2007

Trucking Ass’ns v. Mich. Pub. Serv. Comm’n, 545 U.S. 429, 439 , 125 S.Ct. 2419 , 162 L.Ed.2d 407 (2005) (Scalia, J„ concurring); Brown-Forman Distillers Corp. v. N.Y. … (quoting Brown-Forman, 476 U.S. at 580 , 106 S.Ct. 2080 ).

United States v. New York City Transit Authority

97 F.3d 672 · Court of Appeals for the Second Circuit · Oct 8, 1996

The Transit Authority, relying on Tawwab v. … The Transit Authority also relies on Armstrong v.

Heldman v. Sobol

962 F.2d 148 · Court of Appeals for the Second Circuit · Apr 16, 1992

Doe, 484 U.S. 305, 310-12 , 108 S.Ct. 592, 597-98 , 98 L.Ed.2d 686 (1988); Board of Educ. v. … Robinson, 468 U.S. 992 , 1014 n. 17, 104 S.Ct. 3457 , 3469 n. 17, 82 L.Ed.2d 746 (1984); J.G. v. Board of Educ., 830 F.2d 444 , 446-47 (2d Cir.1987); Jose P. v. Ambach, 669 F.2d 865, 868-70 (2d Cir.1982).

Aristedes A. Day v. Trans World Airlines, Inc., Kate Kersen, Individually and as Administratrix Ad Prosequendum of the Estate of Elbert Kersen, Deceased v. Trans World Airlines, Inc., John Spiridakis v. Trans World Airlines, Inc.

528 F.2d 31 · Court of Appeals for the Second Circuit · Dec 22, 1975

Only passengers waiting to board international flights were allowed inside the lounge area where they were required to remain until boarding. … See Factor v.

United States v. Dominici

78 F. 334 · Court of Appeals for the Second Circuit · Jan 7, 1897

It is not disputed that the word, as used in the statute, covers a set of boards for a box for lemons or oranges. … Dutilh v. Maxwell, 2 Blatchf. 541 , Fed. Cas. No. 4,207.

Cheney Bros. v. Doris Silk Corporation

35 F.2d 279 · Court of Appeals for the Second Circuit · Oct 21, 1929

Board of Trade v. Christie, 198 U. S. 236 , 25 S. Ct. 637 , 49 L. … They are like Board of Trade v. Christie.

Breeden v. Kirkpatrick & Lockhart LLP

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

The Board meetings were scripted in advance and each Board member was provided with his “speaking parts” in advance of the meeting. (A2191-95; A2900; A7525; A7615-16; A7875-81). … See Argus, Inc. v.

Davidson v. Desai

Court of Appeals for the Second Circuit · Jul 7, 2020

See Jones v. … See Burgos v.

In re Havens

272 F. 975 · Court of Appeals for the Second Circuit · Apr 13, 1921

In the ordinary case, such as this suit of Niles v. Havens, a discharge is a defense; such defense is one that the state or any other court is bound to consider (Hill v. Harding, 107 U. S. 631 , 2 Sup. Ct. 404, 27 L. … . - ■ The bankruptcy courts possess no such revisory powers; the true doctrine was early pointed out by Brown, D. J., in Re Rosenthal (D. C.) 108 Fed. 370 .

Official Committee of Unsecured Creditors of Color Tile, Inc. v. Coopers & Lybrand, LLP

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

Thompson v. … See Askanase v.

Freedman v. Value Health, Inc.

34 F. App'x 408 · Court of Appeals for the Second Circuit · May 1, 2002

Herman & MacLean v. Huddleston, 459 U.S. 375, 382 , 103 S.Ct. 683 , 74 L.Ed.2d 548 (1983); see also Wilson v. Saintine Exploration and Drilling Corp., 872 F.2d 1124, 1126 (2d Cir.1989). … Plaintiffs first contend that the June 27, 1995, prospectus was materially misleading because the Value Health Board of Directors stated that the merger was in the “best interests” of Value Health even though the board did

United States v. Minneci

142 F.2d 428 · Court of Appeals for the Second Circuit · Apr 24, 1944

In the brown paper package were found ' four “buttons” of gold, weighing about 280 ounces Troy—23% pounds. … Thus, although the prosecution was obliged to prove the unlawful importation (Sherman v. United States, 5 Cir., 268 F. 516 ; Kennedy v. United States, 9 Cir., 44 F.2d 131, 133 ), that was the measure of its burden.

181 East 73rd Street Co. v. 181 East 73rd Tenants Corp.

954 F.2d 45 · Court of Appeals for the Second Circuit · Jan 10, 1992

Although the Board of Directors of Tenants Corporation authorized its President to sign an asbestos agreement, as the district court noted, no vote was taken by the Board on whether to ratify the Master Lease. … Because the Board was incapable of waiving the termination right, we need not consider the issue of whether waiver of matured claims under the Abuse Relief Act, see Korn v.