Case law

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  • Merritt & Chapman Derrick & Wrecking Co. v. Dailey Towing Line, Inc.

    263 F. 78 · Court of Appeals for the Second Circuit · Jan 14, 1920

    Finally, the appellant relies upon the decision of Judge Addison Brown in MacMillan v. Moran (D. C.) 107_Fed._ 149. _We think it differs in material respects.

    Cited 3 timesPublished
  • Park South Tenants Corporation v. 200 Central Park South Associates, L.P., Bernard Spitzer, Jack Lipman, and Melvin D. Lipman

    941 F.2d 112 · Court of Appeals for the Second Circuit · Aug 2, 1991

    Pursuant to these provisions, the Sponsor controlled the cooperative’s board until May 8, 1989, at which time a majority of unaffiliated directors was elected. … See 13 N.Y.Comp.Codes R. & Regs. § 18.3(v)(5)(iii). The forty-nine remaining states are free to do the same.

    Cited 23 timesPublished
  • The New York Marine No. 10

    109 F.2d 564 · Court of Appeals for the Second Circuit · Feb 13, 1940

    The Rambler, 2 Cir., 290 F. 791, 792 ; The 84-H, 2 Cir., 296 F. 427, 432 ; Southern Pacific Co. v. United States, 2 Cir., 72 F.2d 212, 214 . … Co., 243 U.S. 291, 298 , 37 S.Ct. 270 , 61 L.Ed. 726 ; The Annie Faxon, 9 Cir., 75 F. 312, 319 ; McGill v. Michigan S. S.

    Cited 28 timesPublished
  • Macy v. Loeb

    205 F. 727 · Court of Appeals for the Second Circuit · May 12, 1913

    LACOMBE, Circuit Judge. [1] In the opinion of a majority of the court the decision in Buttfield v. Stranahan, 192 U. S. 470 , 24 Sup. Ct. 349, 48 L. Ed. 525 , is controlling. … The board then proceeds to re-examine.

    Cited 0 timesPublished
  • Hoffritz for Cutlery, Inc. And Edwin Jay, Inc. v. Amajac, Ltd. And Jack E. Ayers

    763 F.2d 55 · Court of Appeals for the Second Circuit · May 15, 1985

    Beacon Enterprises, Inc., 715 F.2d at 763 ; Fontanetta v. American *59 Board of Internal Medicine, 421 F.2d 355, 357 (2d Cir.1970); George Reiner & Co. v. Schwartz, 41 N.Y.2d 648, 653-54 , 394 N.Y. … Fontanetta involved a physician who sought to be certified as an internist by the defendant Board. The Board required for certification the successful taking of both a written examination and an oral examination.

    Cited 404 timesPublished
  • Freedom Holdings Inc. v. Spitzer

    357 F.3d 205 · Court of Appeals for the Second Circuit · Jan 6, 2004

    Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943); and (iii) under Washington v. … State Action Immunity We now turn to the question of whether the statute is saved from preemption under Parker v. Brown.

    Cited 175 timesPublished
  • United States v. George Albert Rutherford

    332 F.2d 444 · Court of Appeals for the Second Circuit · Jun 22, 1964

    Justice Holmes in Schenck v. United States, 249 U.S. 47, 52 , 39 S.Ct. 247 , 63 U.Ed. 470. Such speech is characterized as a “verbal act” by Mr. Justice Lamar in Gompers v. … United States v. Raines, 362 U.S. 17 , 80 S.Ct. 519 , 4 L.Ed.2d 524 .

    Cited 14 timesPublished
  • Kalnit v. Eichler

    264 F.3d 131 · Court of Appeals for the Second Circuit · Sep 5, 2001

    In Chill v. … In Stevelman v.

    Cited 299 timesPublished
  • United States v. Jean Claude Kella and Laurent Fiocconi

    490 F.2d 1095 · Court of Appeals for the Second Circuit · Jan 16, 1974

    United States v. De-Simone, 468 F.2d 1196, 1198 (2d Cir. 1972). Only last term, the Supreme Court reached a similar conclusion in Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973). … Without actually expressing an opinion on the issue, we suggested that the most appropriate course would be for the appellant to bring an action against the Parole Board “should [the Board] refuse to consider him for parole

    Cited 1 timesPublished
  • Delgado Coro v. Bondi

    Court of Appeals for the Second Circuit · Aug 21, 2025

    24-1636 Delgado Coro v. … UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.

    Cited 0 timesUnpublished
  • Roth v. CitiMortgage Inc.

    756 F.3d 178 · Court of Appeals for the Second Circuit · Jun 24, 2014

    13-3839-cv Roth v. … SCHROEDER, Mayer Brown LLP, Chicago 11 IL (Therese Craparo, Mayer Brown LLP, New 12 York, NY, on the brief), for Defendant-Appellee. 13 ________ 14

    Cited 102 timesPublished
  • Salvatore Cucurillo v. Schulte, Bruns Schiff Gesellschaft, M.B.H., and Third Party v. Universal Terminal & Stevedoring Corp., Third Party

    324 F.2d 234 · Court of Appeals for the Second Circuit · Oct 29, 1963

    Parker v. Broadcast Music, Inc., 2 Cir., 289 F.2d 318 . See also Link v. Wabash Railroad Company, 370 U.S. 626 , 82 S.Ct. 1386 , 8 L.Ed.2d 734 . We see no abuse of discretion here. … This is made clear by the following quotation from Judge Ryan’s memorandum opinion: “This suit was filed on September 21, 1960 for injuries alleged to have been sustained ¿board the SS Eliza- ‘ beth Schulte on-' February

    Cited 18 timesPublished
  • In re Downing

    56 F. 470 · Court of Appeals for the Second Circuit · Jun 15, 1893

    The board of general appraisers and the circuit court were of the opinion that the importations were dutiable under another provision of the act, as “other paints and colors, not specially provided ■for in this act.” at 25 … The circuit court, in affirming the decision, of the board of general appraisers, referred to the case of Church of Holy Trinity v. U. S., 143 U. S. 457 , 12 Sup. Ct.

    Cited 1 timesPublished
  • United States v. Raymond J. Place

    660 F.2d 44 · Court of Appeals for the Second Circuit · Oct 8, 1981

    On Friday, August 17, 1979, Place entered the Miami International Airport for the purpose of boarding a National Airlines flight to New York’s LaGuardia Airport. … Seizures for “investigatory” purposes have consistently been declared unconstitutional, see, e.g., Dunaway v. New York, 442 U.S. 200 , 99 S.Ct. 2248 , 60 L.Ed.2d 824 (1979); Brown v.

    Cited 42 timesPublished
  • Zemsky v. City of New York

    821 F.2d 148 · Court of Appeals for the Second Circuit · Jun 12, 1987

    ZEMSKY, Plaintiff-Appellant, v. The CITY OF NEW YORK, the Board of Education of the City of New York, Victor Vilareal, Alan J. Irgang, John Sisti, Robert J. … Cone Memorial Hospital v.

    Cited 48 timesPublished
  • North American Leisure Corporation v. Duplicators, Ltd.

    468 F.2d 695 · Court of Appeals for the Second Circuit · Oct 19, 1972

    Perlmutter v. … See Jaffke v. Dunham, 352 U.S. 280, 281 , 77 S.Ct. 307 , 1 L.Ed. 2d 314 (1957); Continental Can Co. v. Horton, 250 F.2d 637, 645 (8th Cir. 1957); Cold Metal Process Co. v.

    Cited 0 timesPublished
  • In re the Vessel Marine Sulphur Queen

    460 F.2d 89 · Court of Appeals for the Second Circuit · Apr 25, 1972

    After a thorough inquiry by a Marine Board of Investigation, convened by the Commandant of the United States Coast Guard, into all the circumstances of the ship’s disappearance, it was concluded by the Board and the Commandant … F.I.C. has been subrogated to the claims of the cargo owner, TGS, and thus has exactly the same remedies against MTL which TGS would have had. 3 As Judge Brown said in Isbell Enterprises Inc. v.

    Cited 2 timesPublished
  • Biao Yang v. Gonzales

    496 F.3d 268 · Court of Appeals for the Second Circuit · Jul 31, 2007

    06-2735-ag, 06-3224-ag Biao Yang v. Gonzales, Ming Liang Lin v. … Mitchell v.

    Cited 918 timesPublished
  • Washington Heights-West Harlem-Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees

    748 F.2d 105 · Court of Appeals for the Second Circuit · Nov 15, 1984

    On January 19, 1983, the Council filed an unfair labor practices charge with the National Labor Relations Board (the Board), charging that the Union had failed to reduce the terms of the negotiated agreement to writing. … Apparently, the district judge felt constrained by our recent decision in Reprosystem, B.V. v.

    Cited 5 timesPublished
  • United States v. Jacques Rene Henri Vermeulen

    436 F.2d 72 · Court of Appeals for the Second Circuit · Dec 31, 1970

    . § 4208 (a) (2), the Court said that any reduction or eligibility for pa *75 role would be “at such time as the Board of Parole may determine.” 8 I. The purpose of Rule 11 (Fed. … Hinds v. United States, 429 F.2d 1322, 1323 (9th Cir. 1970); United States v. Youpee, 419 F.2d 1340, 1344 (9th Cir. 1969); Munich v. United States, 337 F.2d 356, 359 (9th Cir. 1964); cf. McCarthy v.

    Cited 32 timesPublished

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