Case law

Joseph P. Ornato v. Martin Hoffman, Secretary of the Army and Commanding Officer, Reserve Components Personnel

546 F.2d 10 · Court of Appeals for the Second Circuit · Dec 2, 1976

As noted, the Army Board’s decision was on June 4, 1976. When our earlier cases, e. g., United States ex rel. Schonbrun v. Commanding Officer, 403 F.2d 371 (2d Cir. 1968), and Roth v. … See Feliciano v. Laird, 426 F.2d 424, 427 (2d Cir. 1970). 8 In Smith v.

McMullen v. United States

989 F.2d 603 · Court of Appeals for the Second Circuit · Mar 24, 1993

In United States v. Brown, 381 U.S. 437 , 85 S.Ct. 1707 , 14 L.Ed.2d 484 (1965), the Court invalidated a statute denying labor union employment to most members of the Communist Party. … The Ninth Circuit held that the Board’s decision was not supported by substantial evidence. See McMullen v. INS, 658 F.2d 1312 (9th Cir.1981).

Conyers v. Rossides

558 F.3d 137 · Court of Appeals for the Second Circuit · Mar 3, 2009

Council v. … At any time beginning on the 121st day after an appellant files a VEOA appeal with the Board, if a judicially reviewable Board decision on the appeal has not been issued, the appellant may elect to terminate the Board proceeding

Onitiri v. Seal Security

633 F. App'x 15 · Court of Appeals for the Second Circuit · Feb 3, 2016

Miller v. Wolpoff & Abramson, LLP, 321 F.3d 292, 300 (2d Cir.2003). … Robinson v. Concentra Health Servs., Inc., 781 F.3d 42, 44 (2d Cir.2015) (quoting Brown v. Eli Lilly & Co., 654 F.3d 347, 358 (2d Cir.2011)).

United States ex rel. Marshall v. Snyder

160 F.2d 351 · Court of Appeals for the Second Circuit · Feb 25, 1947

Marshall v. Webster, 268 App.Div. 844 , 50 N.Y.S.2d 520 , 521: “Appeal, in part, from an order of the Supreme Court, Clinton County, made - on *352 or about March 16, 1944. … Carruthers v. Reed, 8 Cir., 102 F.2d 933 .

Hilton International Company D/B/A Caribe Hilton Hotel v. National Labor Relations Board, National Labor Relations Board v. Puerto Rico Hotel Association San Juan Hotel Corporation D/B/A El San Juan Hotel and El Conquistador Hotel, the Puerto Rico Hotel Corporation D/B/A the Palace Hotel Condado Holiday Inn and Hilton International Company D/B/A La Concha Hotel-Condada Beach Hotel

690 F.2d 318 · Court of Appeals for the Second Circuit · Sep 29, 1982

P 13,804 HILTON INTERNATIONAL COMPANY d/b/a Caribe Hilton Hotel, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … III 16 On review, the Board's findings are entitled to deference if supported by substantial evidence in the record taken as a whole, Universal Camera Corp. v.

Emily German-Bey v. National Railroad Passenger Corporation and Richmond, Fredericksburg and Potomac Railroad Company

703 F.2d 54 · Court of Appeals for the Second Circuit · Mar 28, 1983

At Washington, D.C., Robert Sweadner boarded the train, after having purchased a ticket but without an assigned seat. Sweadner asked Harry Baughn, the Amtrak conductor, whether he could board without a reservation. … Putnam v. Broadway & Seventh Avenue R. Co., 55 N.Y. 108, 113, 116-117 (1875). Ostensibly peaceable intoxication does not put a carrier on notice of the possibility of physical danger to other passengers.

Southside Fair Housing Committee v. City of New York

928 F.2d 1336 · Court of Appeals for the Second Circuit · Mar 26, 1991

See also Tilton v. Richardson, 403 U.S. 672, 677 (1971); see generally Everson v. Board of Educ., 330 U.S. 1, 8-16 (1947) (providing history and general background of first amendment). … Zorach v.

Purgess v. Sharrock

33 F.3d 134 · Court of Appeals for the Second Circuit · Aug 17, 1994

Castellano v. Board of Trustees, et al., 937 F.2d 752 , 758 (2d Cir.1991). … Compare Blank v. Kirwan, [ 39 Cal.3d 311 , 216 Cal. Rptr. 718, 729-30 ] 703 P.2d 58, 70 (Cal. 1985) (relationship between potential club owner and city licensing board).

Rudolph v. Klein, Doing Business as R. v. Klein Company v. Securities and Exchange Commission and National Association of Securities Dealers, Inc.

224 F.2d 861 · Court of Appeals for the Second Circuit · Jun 16, 1955

The Board, in its opinion, added that Klein, “with some justice, we feel, contends that he, therefore, had no reason to be concerned as to these spreads.” Well it might. … Johnson & Co. v.

United States v. Marilyn Buck

804 F.2d 239 · Court of Appeals for the Second Circuit · Nov 3, 1986

Involved in the arrests were a maroon car, a blue van, and a brown car driven by one of the men Buck had seen in the brown car in the Friendly’s parking lot. … United States v. Davis, 767 F.2d 1025, 1040 (2d Cir.1985); United States v. Martino, 759 F.2d 998, 1002 (2d Cir.1985). The government was not required to exclude every possibility but that of guilt, see Holland v.

Aeroglide Corp. v. Zeh

301 F.2d 420 · Court of Appeals for the Second Circuit · Apr 10, 1962

As stated in Passaic Falls Throwing Co. v. … Stewart & Co. v. Rivara, 274 U.S. 614 , 47 S.Ct. 718 , 71 L.Ed. 1234 (1927), affirming Rivara v.

Kimes v. United States the William M. Meredith

207 F.2d 60 · Court of Appeals for the Second Circuit · Aug 11, 1953

Jacobson v. Panama R. Co., 2 Cir., 266 F. 344 ; The Olockson, 5 Cir., 281 F. 690 ; United States v. Aslaksen, 6 Cir., 281 F. 444 ; Rees v. United States, D.C.N.D.Cal., 134 F. 146 ; Burke v. … Jacobson v. Panama R. Co., supra, 2 Cir., 266 F. 344 ; The Olockson, supra, 5 Cir., 281 F. 690 ; Waterman S. S. Corp. v.

FOR THE SECOND CIRCUIT

Court of Appeals for the Second Circuit · Aug 3, 2012

Collins v. … New York Executive Law § 259(i) allows the Parole Board to weigh factors militating for and against parole as it sees fit. But the Parole Board must weigh all statutory factors. See King v. New York State Div.

United States v. Laura Kross

14 F.3d 751 · Court of Appeals for the Second Circuit · Jan 18, 1994

Q: Did you ever have any information about [Koslosky, Greenip, Brown and Gagliola] growing marijuana in the Park? A: Definitely not. Count V concerned her prior criminal history: Q: Have you ever been arrested? A: No. … United States v. Lighte, 782 F.2d at 373-74 . She claims the statement was true because no one ever told her that Koslosky, Greenip, Brown, and Gag-liola were smoking marijuana in the Park.

United States of America, Yonkers Branch - National Association for the Advancement of Colored People, Regina Ryer, a Minor by Her Mother, and Next Friend, and Charlotte Ryer, on Behalf of Themselves, and All Individuals Similarly Situated, Plaintiffs-Intervenors-Appellees v. City of Yonkers and Yonkers Board of Education, Yonkers Community Development Agency, and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, the State of New York, the Board of Regents of the State of New York, Carl T. Hayden, Louise P. Matteoni, Jorge L. Batista, Edward J. Meyer, R. Carlos Carballada, Adelaide L. Sanford, Diane O'Neill McGivern Saul B. Cohen, James C. Dawson, Robert M. Bennet, Robert M. Johnson, Peter M. Preyor, Anthony S. Bottar, Merryl H. Tisch, Harold O. Levy, Ena L. Farley, in Their Official Capacities as Members of the State Board of Regents, Department of Education of the State of New York, Richard P. Mills, as Commissioner of Education of the State of New York, Urban Development Corporation of the State of New York, and Charles A. Gargano, as Chairman of the Urban Development Corporation, George Pataki, as Governor of the State of New York, and H. Carl McCall as Comptroller of the State of New York

197 F.3d 41 · Court of Appeals for the Second Circuit · Nov 16, 1999

Wessmann v. … Freeman v. Pitts, 503 U.S. 467, 496 , 112 S. Ct. 1430, 1448 , 118 L. Ed. 2d 108 (1992) (emphasis added); see also Board of Educ. v. Dowell, 498 U.S. 237, 246 , 111 S. Ct. 630, 636 , 112 L.

In re Bankshares Corp. of the United States

50 F.2d 94 · Court of Appeals for the Second Circuit · Jun 1, 1931

He maintains that the board of directors had no authority to meet and give consent to the adjudication and refers us to the following authorities: Cavagnaro v. Indian Tire & Rubber Co., 90 N. J. … Bank of Patterson v. New York Silk Mfg. Co., 11 F. 532 (C. C. N. J.); Barthen v. Lodi Corporations, 94 N. J. Eq. 177, 119 A. 189 .

Kane v. Commissioner of Internal Revenue

100 F.2d 382 · Court of Appeals for the Second Circuit · Dec 5, 1938

Foss v. Commissioner, 75 F.2d 326, 328 . We are not persuaded that the taxpayer was engaged directly or indirectly in carrying on a business. City Bank Farmers’ Trust Co. v. … Lloyd v. Commissioner, 7 Cir., 55 F.2d 842 .

Adler v. Education Department of State of New York

760 F.2d 454 · Court of Appeals for the Second Circuit · Apr 25, 1985

Moreover, the district court said that in Board of Education v. … See also Flavin v. Connecticut State Board of Education, 553 F.Supp. 827, 831 (D.Conn.1982).

Twinboro Corp. v. Commissioner

149 F.2d 574 · Court of Appeals for the Second Circuit · May 7, 1945

In Washington Railway & Electric Co. v. … We may of course have been wrong and the Board right, but the attempted distinction is untenable. In Bandes v.