Case law

Continental Securities Co. v. Interborough Rapid Transit Co.

221 F. 44 · Court of Appeals for the Second Circuit · Feb 9, 1915

of railroad commissioners of the state or a majority of such board shall consent thereto. … It is briefly, but thoroughly, stated by Judge Collin in People v.

A.H. v. French

Court of Appeals for the Second Circuit · Jun 2, 2021

21-87 A.H. v. … Board of School Directors, James Tager, and Georgia Board of School Directors.

Framatome Connectors USA, Inc. v. Commissioner

108 F. App'x 683 · Court of Appeals for the Second Circuit · Sep 7, 2004

Follum v. Comm’r, 128 F.3d 118, 119 (2d Cir.1997). If a factual determination “is plausible in light of the record viewed in its entirety, the court of appeals may not reverse it.” Anderson v. … Alumax, Inc. v.

Allen v. City of New York

695 F. App'x 614 · Court of Appeals for the Second Circuit · Jun 13, 2017

See Walsh v. N.Y.C. Hous. Auth., 828 F.3d 70, 79-80 (2d Cir. 2016); Cook v. Arrowsmith Shelburne, Inc., 69 F.3d 1235 , 1238 n.1 (2d Cir. 1995). … See Brown v. Coach Stores, Inc., 163 F.3d 706, 710 (2d Cir. 1998). On remand, the District Court is instructed also to consider Allen’s claim insofar as it relates to these positions.

Board of Education of the Wappingers Central School District v. D.M. as

Court of Appeals for the Second Circuit · Dec 18, 2020

20-653 Board of Education of the Wappingers Central School District v. D.M. as the parent of E.M., et al. … See L.O. v. N.Y.C.

United States v. Lies

74 F. 546 · Court of Appeals for the Second Circuit · May 12, 1896

The collector thereupon transmitted the invoice, and all the papers and exhibits connected therewith, to the board of general appraisers. … The case at bar is clearly distinguishable from Grisar v.

Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad Company

227 F.2d 344 · Court of Appeals for the Second Circuit · Nov 18, 1955

Moreover, a letter expressing the opinion of the Village Board is hardly "notice" of a condition of this sort. … The Board has no particular competency or power in the premises, and a mere non-official opinion expressed prior to the accident does not rise to the level of competent evidence of condition. Maltby v.

Manhattan Rubber Mfg. Co. v. Lucey Mfg. Co.

5 F.2d 39 · Court of Appeals for the Second Circuit · Jan 5, 1925

In Odell v. H. Batterman Co., 223 F. 292 , 138 C. C. … In Oliver v. Parlin Co., 105 F. 272 , 45 C. C.

Arnold's Wines, Inc. v. Boyle

571 F.3d 185 · Court of Appeals for the Second Circuit · Jul 1, 2009

See Granholm 544 U.S. at 487 , 125 S.Ct. 1885 ; Healy v. Beer Inst., 491 U.S. 324, 335-37 , 109 S.Ct. 2491 , 105 L.Ed.2d 275 (1989); Brown-Forman Distillers Corp. v. N.Y. … Next, in Brown-Forman Distillers Corp. v. N.Y. State Liquor Auth., 476 U.S. 573 , 106 S.Ct. 2080 , 90 L.Ed.2d 552 (1986), and Healy v.

Moran Towing & Transportation Co., Inc., South American Towing Corp. And Moran Towing Corp., Libellants-Appellants v. United States

290 F.2d 660 · Court of Appeals for the Second Circuit · May 9, 1961

R., 2 Cir., 1961, 287 F.2d 678 ; Chabot v. … Packers v.

United States v. Richard T. Ford

550 F.2d 732 · Court of Appeals for the Second Circuit · Feb 3, 1977

In United States v. … The United States Board of Parole changed its automatic denial policy to one of individual evaluation in 1954, Bennett, Fed. Prob. 20, 22 (June 1959). . See, e.g., State ex ret Faehr v.

Kamasinski v. Judicial Review Council

44 F.3d 106 · Court of Appeals for the Second Circuit · Dec 29, 1994

Id. at 1094 (citing Landmark Communications, Inc. v. … The court there held that, before Pennsylvania's Judicial Inquiry and Review Board made a recommendation to the state Supreme Court that a judge be disciplined, witnesses who came before the Board could be prohibited from

Helvering v. Manhattan Life Ins. Co.

71 F.2d 292 · Court of Appeals for the Second Circuit · Jun 11, 1934

This is a petition to review an order of the Board of Tax Appeals, determining an overpayment in favor of the respondent for the year 1928. … A. 9); Spinks Realty Co. v. Com’r, 61 App. D. C. 321, 62 F.(2d) 880 ; Meyran v. Com’r, 63 F.(2d) 986 (C. C. A. 3); Home Trust Co. v. Com’r, 65 F.(2d) 532 (C. C. A. 8); Griffiths v. Com’r, 70 F.(2d) 946 (C. C. A. 7).

Eugene Traynor v. Harry W. Walters, Administrator of the Veterans Administration, Defendants

791 F.2d 226 · Court of Appeals for the Second Circuit · May 16, 1986

Plaintiff appealed the VA’s decision to the Board of Veterans Appeals (“board”), contending that the VA’s presumptive characterization of his primary alcoholism as “willful misconduct” was “wrong in fact *228 and in law”. … Brownell v.

Preseault v. City Of Burlington

412 F.3d 96 · Court of Appeals for the Second Circuit · Jun 15, 2005

See Caruso v. … Dernier v.

Nos. 423-426

377 F.2d 528 · Court of Appeals for the Second Circuit · May 1, 1967

377 F.2d 528 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCALS 138, 138A, 138B, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Respondents. Nos. 423-426. Dockets 30901-30904. … B. v. Milk Drivers & Dairy Employees Local Union No. 584, 341 F.2d 29 (2 Cir.), cert. denied, 382 U.S. 816 , 86 S.Ct. 39 , 15 L.Ed. 2d 64 (1965); N. L. R. B. v.

Vernet v. Bellmore-Merrick Central High School District

155 F. App'x 32 · Court of Appeals for the Second Circuit · Nov 22, 2005

In its Memorandum and Order, the District Court held that the complaint did not allege any facts to remove the case from the ambit of Rosenthal v. … Singleton v. Wulff, 428 U.S. 106, 120-21 , 96 S.Ct. 2868 , 49 L.Ed.2d 826 (1976). Although we may disregard the general rule when necessary to remedy a manifest injustice, see Thomas E. Hoar, Inc. v.

United States v. $10,000 in United States Currency

780 F.2d 213 · Court of Appeals for the Second Circuit · Jan 2, 1986

United States v. Ochs, 595 F.2d 1247, 1258 (2d Cir.1979); see also Brown, 460 U.S. at 741 , 103 S.Ct. at 1542 (no judge disagreeing on this issue); United States v. Chesher, 678 F.2d 1353, 1357 (9th Cir.1982). A. … Brown, 460 U.S. at 734 , 103 S.Ct. at 1538 ; Ochs, 595 F.2d at 1258 .

Hartford Gas Co. v. Securities & Exchange Commission

129 F.2d 794 · Court of Appeals for the Second Circuit · Jul 16, 1942

Electric Bond & Share Co. v. S. E. C., 2 Cir., 92 F.2d 580, 592 ; Detroit Edison Co. v. S. E. C., 6 Cir., 119 F.2d 730, 739 ; S. E. C. v. Sunbeam Gold Mines Co., 9 Cir., 95 F.2d 699, 701 ; Schlemmer v. … That is precisely what we lack the power to do. ’ Swayne & Hoyt, Ltd., v. United States, 300 U.S. 297 , 57 S.Ct. 478 , 81 L.Ed. 659 ; National Labor Relations Board v. Quality Art Novelty Co.

O'Callaghan v. Lowndes

66 F. 356 · Court of Appeals for the Second Circuit · Feb 11, 1895

Brown v. Pierce, 7 Wall. 205 ; Foshay v. Ferguson, 5 Hill, 158 . … Perley v. Balch, 23 Pick. 286 . See, also, Shepherd v. Temple, 3 N. H. 457; Norton v. Young, 3 Greenl. 30; and 8 Am. & Eng. Enc. Law, p. 806. This is the difficulty with libelants’ claim.