Case law

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  • Bridgeport Hydraulic Company v. Frank W. Kraemer and John J. Fitzpatrick, Collectors of Internal Revenue for the District of Connecticut

    219 F.2d 929 · Court of Appeals for the Second Circuit · Feb 21, 1955

    Indeed, in Manville Jenckes Co. v. … Grier v. Union National Life Insurance Co., 3 Cir., 217 F. 287 . 5 . Middleton Compress & Warehouse Co. v. Commissioner, 1 B.T.A. 1145 ; Manville Jenckes Co. v.

    Cited 8 timesPublished
  • United States v. Edward O'Grady

    742 F.2d 682 · Court of Appeals for the Second Circuit · Jul 12, 1984

    Williams, 621 F.2d 123, 125-26 (5th Cir.1980) (school board member asked for and received airline tickets and cash from contractors doing business with the school board), cert. denied, 450 U.S. 919 , 101 S.Ct. 1366 , 67 L.Ed … Brown, 540 F.2d 364, 372-73 (8th Cir.1976) (city building commissioner proposed scheme to funnel fees for demolition work to him which construction companies agreed to for fear of retribution); United States v.

    Cited 51 timesPublished
  • United States Lines Co. v. Shaughnessy

    195 F.2d 385 · Court of Appeals for the Second Circuit · Mar 17, 1952

    Christensen v. United States, 2 Cir., 194 F.2d 978 . … The Southern Prince, D.C.E.D.N.Y., 4 F.Supp. 190 ; Matsutaka v. Carr, 9 Cir., 47 F.2d 601 .

    Cited 7 timesPublished
  • Wisener v. Air Express International Corp.

    583 F.2d 579 · Court of Appeals for the Second Circuit · Jun 15, 1978

    Bradley v. Richmond School Board, 416 U.S. 696, 711 , 94 S.Ct. 2006 , 40 L.Ed.2d 476 (1974); Thorpe v. Housing Authority of the City of Durham, 393 U.S. 268, 281 , 89 S.Ct. 518 , 21 L.Ed.2d 474 (1969); Ziffrin, Inc. v. … All such determinations shall be made by a majority of the Board of Directors who were not parties to such proceeding, or by one or more disinterested persons to whom the question shall be referred by the Board of Directors

    Cited 5 timesPublished
  • In Re Neil Kenny, a Witness Before the January 1982 Grand Jury

    715 F.2d 51 · Court of Appeals for the Second Circuit · Aug 10, 1983

    Under this scheme, the New Jersey State Board of Medical Examiners (Board) is charged with principal responsibility for licensing medical professionals and investigating allegations of physician misconduct. … The Board’s authority is broad;- it may require physicians to maintain patient medical records, N.J.

    Cited 11 timesPublished
  • Charles T. Douds, Regional Director v. International Longshoremen's Association, Independent

    224 F.2d 455 · Court of Appeals for the Second Circuit · Jun 24, 1955

    National Labor Relations Board v. International Rice Milling Co., 341 U.S. 665 , 71 S.Ct. 961 , 95 L.Ed. 1277 ; National Labor Relations Board v. … National Labor Relations Board, 341 U.S. 694 , 71 S.Ct. 954 , 95 L.Ed. 1299 ; Local 74 v. National Labor Relations Board, 341 U.S. 707 , 71 S.Ct. 966 , 95 L.Ed. 1309 .

    Cited 9 timesPublished
  • Civil Service Employees Assn. v. NLRB

    Court of Appeals for the Second Circuit · Jun 19, 2009

    07-5041-ag Civil Service Employees Assn. v. … The courts are called on to guard against the “unauthorized 18 assumption by [the Board] of major policy decisions properly made by Congress.” Am. Ship 19 Bldg. Co. v.

    Cited 0 timesPublished
  • Matusick v. Erie County Water Authority

    739 F.3d 51 · Court of Appeals for the Second Circuit · Jan 6, 2014

    Board of the Cnty. Comm’rs v. Brown, 520 U.S. 397, 405 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997); accord Connick v. Thompson, 131 S.Ct. at 1365 ; Reynolds v. Giuliani, 506 F.3d 183, 192 (2d Cir.2007). … See Board of the Cnty. Comm’rs v. Brown, 520 U.S. at 405 , 117 S.Ct. 1382 ; see Reynolds v.

    Cited 3 timesPublished
  • Crane v. Helvering

    76 F.2d 99 · Court of Appeals for the Second Circuit · Mar 11, 1935

    The Board decided against this position and they appeal (petition to review). As to the meaning of section 44 (d) the Board was certainly right. … Pinellas Ice & Cold Storage Co. v. Commissioner, 287 U. S. 462 , 53 S. Ct. 257 , 77 L. Ed. 428 ; Rusk v. Com’r, 53 F.(2d) 428 (C. C. A. 7) ; Wolfson v. Reinecke, 72 F.(2d) 59 (C. C. A. 7).

    Cited 8 timesPublished
  • Fitzgerald v. Pennsylvania R.

    164 F.2d 323 · Court of Appeals for the Second Circuit · Nov 24, 1947

    The distance from the rail to the outer edge of the foot-board was 20 inches, but the width of the board was not shown. … Redman v. Baltimore & Carolina Line, Inc., 2 Cir., 70 F.2d 635 , modified on other grounds, 295 U.S. 654 , 55 S.Ct. 890 , 79 L.Ed. 1636 ; Union Indemnity Co. v.

    Cited 4 timesPublished
  • Juanita Peterson, Individually and as Assignee of Nathaniel Washington v. Allcity Insurance Company

    472 F.2d 71 · Court of Appeals for the Second Circuit · Dec 29, 1972

    Co. v. Employers’ Liab. Assur. Corp., 247 N.Y. 451 , 160 N.E. 911 (1928), were thoroughly discussed in Judge Kaufman’s exhaustive opinion for this court in Brown v. United States Fidelity & Guar. … Co. ( 28 A.D.2d 639 [ 280 N.Y.S.2d 695 ]) as follows: “As was stated in Harris v. Standard Acc. & Ins. Co. ([D.C.N.Y.] 191 F.Supp. 538, 540 [Kaufman, J.]), cited with approval in Brown v. United States Fid. & Guar.

    Cited 25 timesPublished
  • Frank Battista v. Frank Kenton, Warden, Federal Correctional Institution, Danbury, Connecticut

    312 F.2d 167 · Court of Appeals for the Second Circuit · Jan 10, 1963

    Eckman v. Byington, 9 Cir., 1961, 290 F.2d 1 ; Pratt v. Hagan, 3 Cir., 1960, 273 F.2d 956 . In accordance with our opinion in United States ex rel. Roosa v. … We think Duncan v.

    Cited 10 timesPublished
  • Milberg v. Lawrence Cedarhurst Federal Savings & Loan Ass'n

    496 F.2d 523 · Court of Appeals for the Second Circuit · Apr 29, 1974

    See Cupo v. Community Nat’l Bank & Trust Co., 438 F.2d 108 (2d Cir. 1971) (alleged violation of National Banking Act, 12 U.S.C. § 61 et seq.); Gibson v. … Moreover, Murphy teaches that where the Board refuses to act, a private right of action may be implied from the statute. See Murphy v. Colonial Nat’l Bank & Trust Co., supra, 388 F.2d at 612-614.

    Cited 11 timesPublished
  • Sherwood Lester, Libelant-Appellant v. United States of America, and Marine Basin Company, Respondent-Impleaded-Appellee

    234 F.2d 625 · Court of Appeals for the Second Circuit · Jun 4, 1956

    See Krey v. United States, 2 Cir., 1941, 123 F.2d 1008 ; Zinnel v. United States Shipping Board, 2 Cir., 1925, 10 F.2d 47 . . Alaska S.S. Co. v. … See Boudoin v. Lykes Bros. S.S. Co., Inc., 1955, 348 U.S. 336, 338-340 , 75 S.Ct. 382 , 99 L.Ed. 354 ; Manhat v. United States, 2 Cir., 1955, 220 F.2d 143, 147-148 ; Freitas v. Pacific-Atlantic S.S.

    Cited 34 timesPublished
  • Hotel Woodward Co. v. Ford Motor Co.

    258 F. 322 · Court of Appeals for the Second Circuit · May 14, 1919

    This doctrine, commonly thought to rest on Leroux v. Brown, 12 C. B. 801, has been apparently approved in Pritchard v. Norton, 106 U. S. 134 , 1 Sup. Ct. 102, 27 L. Ed. 104 . … Dwight, sitting as referee in Marie v. Garrison, 13 Abb. N. C. (N. Y.) 258. The whole doctrine of Reroux v. Brown is disapproved in Wharton’s Conflict of Raws (3d Ed.) § 689, et seq.

    Cited 16 timesPublished
  • Neresheimer & Co. v. United States

    136 F. 86 · Court of Appeals for the Second Circuit · Dec 12, 1904

    Decision on such appeal was handed down December 6, 1901 — Tiffany v. U. S., 112 Fed. 672 , 50 C. C. … The circumstance that the pearls were exceptionally large and fine apparently had great weight with the board.

    Cited 2 timesPublished
  • Paneccasio v. Unisource Worldwide, Inc.

    532 F.3d 101 · Court of Appeals for the Second Circuit · Jul 7, 2008

    Co. v. … Co. v.

    Cited 183 timesPublished
  • Julius Schwartz v. Associated Musicians Of Greater New York, Local 802, American Federation Of Musicians Of The United States And Canada

    340 F.2d 228 · Court of Appeals for the Second Circuit · Dec 29, 1964

    In Wittstein v. … See Carroll v.

    Cited 18 timesPublished
  • Osbourne v. United States

    164 F.2d 767 · Court of Appeals for the Second Circuit · Dec 5, 1947

    Wiley, 78 U.S. 508 , 20 L.Ed. 211 ; Caperton v. Bowyer, 81 U.S. 216 , 20 L.Ed. 882 ; Adger v. Alston, 82 U.S. 555 , 21 L.Ed. 234 ; Ross, Adm’r v. Jones, 89 U.S. 576 , 22 L.Ed. 730 ; Brown v. … Wilson, 10 Cir., 60 F.2d 501, 504 ; Ex parte Colonna, 314 U.S. 510 , 62 S.Ct. 373 , 86 L.Ed. 379 . 9 Brown v. Hiatts, supra; Borovitz v. American Hard Rubber Co., supra; First National Bank of Pittsburgh v.

    Cited 120 timesPublished
  • AFSCME Local 818 Waterbury City Employees Ass'n v. City of Waterbury

    198 F. App'x 47 · Court of Appeals for the Second Circuit · Aug 22, 2006

    This Act placed the finances of Defendant-Appellee the City of Waterbury (“City”) under the supervision of Defendant-Appellee the Waterbury Financial Planning Assistance Board (“Board”), and it permitted the Board to impose … See Francis v. Elmsford Sch. Dist., 442 F.3d 123 , 124 (2d Cir.2006).

    Cited 2 timesPublished

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