Case law

Jacob Bros. v. Commissioner

64 F.2d 107 · Court of Appeals for the Second Circuit · Apr 3, 1933

Co. v. Commissioner (C. C. A.) 50 F.(2d) 394 . Our decision was entered June 8, 1931, and our mandate was issued June 24, 1931. … If the question was before us and the deficiency for 1921, as redetermined by the Board, was in any respect affected by our mandate, the best position the Commissioner can take is that the Board made one decision and within

Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National Guard

166 F.3d 45 · Court of Appeals for the Second Circuit · Jan 7, 1999

Kurlan v. Callaway, 510 F.2d 274, 280 (2d Cir.1974); see also Smith, 406 F.2d at 145 ; Fox v. Brown, 402 F.2d 837, 840 (2d Cir.1968); cf. … See Patsy v. Board of Regents, 457 U.S. 496, 516 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982).

Nutritional Health Alliance v. Food & Drug Administration

318 F.3d 92 · Court of Appeals for the Second Circuit · Jan 21, 2003

See Brown & Williamson, 529 U.S. at 132-33 , 120 S.Ct. 1291 ; Oncale v. … 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. Adrian Cuevas

510 F.2d 848 · Court of Appeals for the Second Circuit · Feb 10, 1975

Indeed, relying on Brown v. United States, 245 F.2d 549 (8th Cir. 1957), defense trial counsel moved for a judgment of acquittal. … In Brown information elicited referred only to offenses in Missouri, not Nebraska, the site of the grand jury. Nor is it like United States v.

Robinson v. Concentra Health Services, Inc.

781 F.3d 42 · Court of Appeals for the Second Circuit · Mar 24, 2015

Brown v. … Brown, 654 F.3d at 358 .

Electric Boat Corp. v. DeMartino

495 F.3d 14 · Court of Appeals for the Second Circuit · Aug 1, 2007

06-2465-ag Electric Boat v. … See Lawson v.

Snell v. Suffolk County

782 F.2d 1094 · Court of Appeals for the Second Circuit · Jan 22, 1986

See, e.g., Grand Light & Supply Co., Inc. v. Honeywell, Inc., 771 F.2d 672, 680-81 (2d Cir. 1985); Browning Debenture Holders’ Committee v. DASA Corp., 560 F.2d 1078, 1086 (2d Cir.1977). C. … See, e.g., Ezell v. Mobil Housing Board, 709 F.2d 1376 , 1381 (11th Cir.1983). . But see, Hodge v. McLean Trucking Co., 607 F.2d 1118 (5th Cir.1979); Inda v.

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.

Commissioner of Internal Revenue v. Tyng

106 F.2d 55 · Court of Appeals for the Second Circuit · Aug 3, 1939

We think the Board was right in holding that the transaction was a reorganization rather than a sale. In Cortland Specialty Co. v. … In Helvering v.

United States v. Cotto

957 F.3d 122 · Court of Appeals for the Second Circuit · Apr 20, 2020

Brown, 937 F.2d 32. See Br. of Appellant at 18, 20. We disagree. … Brown, 937 F.2d at 37.

Ecology Action and Suzanne Weber v. United States Atomic Energy Commission, and Niagara Mohawk Power Corporation, Intervenor

492 F.2d 998 · Court of Appeals for the Second Circuit · Feb 21, 1974

A third may be furnished by the portion of Greene County Planning Board v. … Our recent decision in Greene County Planning Board v. FPC (Greene County II), 490 F.2d 256 , *1002 258 (2 Cir. 1973), implies the contrary.

Bernard Perreault v. Local 509, International Union of Electronic, Electrical, Technical, Salaried, and MacHine Workers, Afl-Cio

823 F.2d 35 · Court of Appeals for the Second Circuit · Jul 13, 1987

As the Supreme Court stated in Calhoon v. … In Local 82, Furniture Moving Drivers v.

Commissioner of Internal Revenue v. Le Gierse

110 F.2d 734 · Court of Appeals for the Second Circuit · Mar 25, 1940

This the Board set aside, following its prior decision in Estate of Anna M. Keller v. Comm. of Int. Rev., 39 B.T.A. 1047 . For a discussion of the Keller decision see 49 Yale L.J. 946 . … The correctness of the Board’s action is the question presented to the court. The facts as found by the Board are briefly as follows: On December 6, 1935 Mrs.

Joseph v. Manning, as President of the American Airlines Chapter, Flight Engineers' International Ass'n v. American Airlines, Inc.

329 F.2d 32 · Court of Appeals for the Second Circuit · Feb 14, 1964

See Railroad Yardmasters v. Pennsylvania R. R., 224 F.2d 226 (3 Cir. 1955); Chicago, R. I. & P. R. R. v. … B. v. Reed & Prince Mfg. Co., 205 F.2d 131, 136 (1 Cir.), cert. denied, 346 U.S. 887 , 74 S.Ct. 139 , 98 L.Ed. 391 (1953); cf. Switchmen’s Union of North America v. Southern Pac.

VACOLD LLC v. Cerami

545 F.3d 114 · Court of Appeals for the Second Circuit · Oct 2, 2008

See Brown v. Cara, 420 F.3d 148, 154 (2d Cir.2005); Adjustrite, 145 F.3d at 549 . We find no such reservation here. The April 9 agreement is six pages long and titled a “letter agreement.” … Brown v. Cara, 420 F.3d 148, 154 (2d Cir.2005).

Paragon Oil Co., Inc., Libellant-Appellee v. Republic Tankers, S. A., Yacimientos Petroliferos Fiscales, Erroneously Sued as Yacimientos Petroliferos Fiscales, S. A., Republic Tankers, S. A. v. Yacimientos Petroliferos Fiscales, Respondent-Impleaded-Appellant

310 F.2d 169 · Court of Appeals for the Second Circuit · Nov 5, 1962

Co. v. … Brown, Personal Property (2d ed. 1955), 390; The Winkfield, L. R. [1902] page 42. Cf. Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 , 48 S.Ct. 134 , 72 L.Ed. 290 (1927).

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.

Henry Gillen's Sons Lighterage, Inc. v. Fernald

294 F. 520 · Court of Appeals for the Second Circuit · Nov 19, 1923

A supply of boards, and a saw, ax, hammer, and nails to repair broken boards, was kept on hand on the lighter, and it was the duty of the chief deckhand, Thompson, to make these repairs. … Roebling’s Sons Co. of New York v. Erickson (C. C.

Witt v. Village of Mamaroneck

639 F. App'x 44 · Court of Appeals for the Second Circuit · Apr 27, 2016

Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009). … Because conditions attached to a variance are entrusted to th'e planning board’s discretion, see Village of Mamaroneck, N.Y., Code § 186-6(A)(5), the Appellants had no protected interest in a conditions-free variance.