Case law

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  • Mcmahan & Company v. Wherehouse Entertainment, Inc.

    65 F.3d 1044 · Court of Appeals for the Second Circuit · Sep 13, 1995

    Versyss Inc. v. … See Beecher v.

    Cited 21 timesPublished
  • United States v. Ronald S. Jenkins

    490 F.2d 868 · Court of Appeals for the Second Circuit · Dec 11, 1973

    In response to his request, a Board representative advised him to draft a brief statement *870 summarizing his beliefs, which he did. The Board then denied his request for postponement of 'his induction. … Jenkins failed to report for induction the next day and subsequently returned his completed Form 150 to the Board.

    Cited 40 timesPublished
  • Eduardo Cruz v. Robert Alexander

    708 F.2d 31 · Court of Appeals for the Second Circuit · May 2, 1983

    Cruz v. Alexander, 477 F.Supp. 516 (S.D.N.Y.1979). Judge Sweet first considered whether Stone v. … See Communist Party v.

    Cited 3 timesPublished
  • Gerald Jerome Rock v. Phillip Coombe, Jr., Superintendent

    694 F.2d 908 · Court of Appeals for the Second Circuit · Dec 2, 1982

    Rock called as a witness his cousin Jerry Brown, who was then already imprisoned for the murder of Gibbs. Brown testified that it was he, and not Rock, who had hit Gibbs with the hammer. A. … THE SANDSTROM CLAIM In Sandstrom v.

    Cited 34 timesPublished
  • Varughese v. Holder

    629 F.3d 272 · Court of Appeals for the Second Circuit · Nov 12, 2010

    Discussion Where, as here, the BIA has adopted the IJ’s reasoning and offered additional commentary, our Court reviews the decision of the IJ as supplemented by the Board. Gertsenshteyn v. U.S. … Lanferman v. BIA, 576 F.3d 84, 88 (2d Cir.2009).

    Cited 14 timesPublished
  • John T. Brady & Co. v. Form-Eze Systems, Inc.

    623 F.2d 261 · Court of Appeals for the Second Circuit · Jun 19, 1980

    The case was distinguished however in a later Court of Appeals decision, Board of Education v. … In all other cases ‘it is the declared policy of this State to encourage “public employers and * * * employee organizations to agree upon procedures for resolving disputes” ’ (Board of Educ. v.

    Cited 31 timesPublished
  • Robert G. Spencer v. Hon. Melvin Laird, Secretary of Defense

    442 F.2d 904 · Court of Appeals for the Second Circuit · May 19, 1971

    Nixon v. Secretary of the Navy, 422 F.2d 934, 937 (2d Cir. 1970); Smith v. Resor, 406 F.2d 141, 145-147 (2d Cir. 1969); United States ex rel. Schonbrun v. … The local draft board declined to reopen his classification, relying on 32 C.F.R. § 1625.2 (1971), which provides in relevant part that the classification of a registrant shall not be reopened after the local board has mailed

    Cited 5 timesPublished
  • Al Gurton v. Max L. Arons and Al Manuti, Rudolph Guarnaccia v. Herman D. Kenin, as President, or Stanley Ballard, as Secretary, or George v. Clancy, as Treasurer of American Federation of Musicians

    339 F.2d 371 · Court of Appeals for the Second Circuit · Dec 24, 1964

    339 F.2d 371 Al GURTON et al., Plaintiffs-Appellants, v. Max L. ARONS and Al Manuti, Defendants-Appellees. Rudolph GUARNACCIA et al., Plaintiffs-Appellants, v. Herman D. … For the same reason, the recent decision of the Supreme Court in Calhoon v.

    Cited 0 timesPublished
  • Edmond J. Moran, Inc. v. Harold Reinauer

    221 F.2d 306 · Court of Appeals for the Second Circuit · Apr 5, 1955

    See Brown v. Standard Oil Co. of New York, 2 Cir., 247 F. 303 ; and The Santa Rita, 9 Cir., 176 F. 890 , 30 L.R.A.,N.S., 1210. The decrees of the district court are affirmed.

    Cited 1 timesPublished
  • Cotarelo v. Village of Sleepy Hollow Police Department

    460 F.3d 247 · Court of Appeals for the Second Circuit · Aug 9, 2006

    The recommended candidate’s name was then to be submitted by the Mayor for a vote of the full Village Board of Trustees. … Mayor Zegarelli submitted Officer Hood’s name for a vote of the Board of Trustees, which then approved the promotion.

    Cited 5 timesPublished
  • Guzman v. Local 32B-32J, Service Employees International Union

    151 F.3d 86 · Court of Appeals for the Second Circuit · Aug 4, 1998

    . §§ 481-483 , in order to “ensure free and democratic union elections,” see International Organization of Masters, Mates & Pilots v. Brown, 498 U.S. 466, 476 , 111 S.Ct. 880 , 112 L.Ed.2d 991 (1991). … See Brown, 498 U.S. at 476 , 111 S.Ct. 880 .

    Cited 8 timesPublished
  • Burroughs Bldg. Material Co. v. Com'r of Internal Revenue

    47 F.2d 178 · Court of Appeals for the Second Circuit · Jan 5, 1931

    The taxpayer thereupon: sought a redetermination of the deficiency by the Board of Tax Appeals. The Board sustained the Commissioner, and, from its order, the present appeal has been taken. … Co. v.

    Cited 39 timesPublished
  • In Re: Lehman Brothers Holdings Inc.

    Court of Appeals for the Second Circuit · Aug 5, 2014

    Barclays Capital, Inc. v. … Co. v.

    Cited 0 timesPublished
  • Hart v. Forchelli

    445 F.2d 1018 · Court of Appeals for the Second Circuit · Jul 21, 1971

    It was not until 1956 that this circuit departed from that position in Comiskey v. Pennsylvania R. R. Co., 228 F.2d 687 (2d Cir. 1956). A few years later in Dagnello v. Long Island R. R. … Brown v. Louisiana & Arkansas Ry. Co., 429 F.2d 1265 (5 Cir. 1970). If one calculates the annual income which Mrs.

    Cited 3 timesPublished
  • Durakovic v. BUILDING SERVICE 32 BJ PENSION FUND

    609 F.3d 133 · Court of Appeals for the Second Circuit · Jun 24, 2010

    The appeals board denied Durakovic’s appeal by letter dated December 13, 2004, based additionally on Dr. Rashbaum’s report. … That the board is (by requirement of statute) evenly balanced between union and employer does not negate the conflict.

    Cited 108 timesPublished
  • The Thessaloniki

    267 F. 67 · Court of Appeals for the Second Circuit · Aug 11, 1920

    Clark v. Barnwell, 32 How. 272 , 13 L. Ed. 985 ; The Folmina, 212 U. S. 354, 361 , 29 Sup. Ct. 363, 53 L. Ed. 546 , 15 Ann. Cas. 748. … Other directors don’t go on board. I am the only director who goes on board. *82 “Q. If you did not go on board, then Mr. Embiricos, no director of the company made inspection at that time. A.

    Cited 22 timesPublished
  • List v. Fashion Park, Inc.

    340 F.2d 457 · Court of Appeals for the Second Circuit · Jan 4, 1965

    Kohler v. … Compare Strong v. Repide, supra; Speed v. Transamerica Corp., supra; Kardon v. National Gypsum Co., supra. Affirmed. .

    Cited 181 timesPublished
  • United States v. Laurence G. Waters

    23 F.3d 29 · Court of Appeals for the Second Circuit · Apr 7, 1994

    Powell v. … In Huddleston v.

    Cited 45 timesPublished
  • Yong Ming Chen v. United States Department of Justice

    191 F. App'x 60 · Court of Appeals for the Second Circuit · Jul 28, 2006

    Jian Yun Zheng v. U.S. … Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals, Questions and Answers Regarding Proceedings Before the Board 31-32 (“A motion to remand is filed before the Board has made a decision

    Cited 0 timesPublished
  • Joseph v. Treglia v. Town of Manlius

    313 F.3d 713 · Court of Appeals for the Second Circuit · Dec 16, 2002

    Brown v. Henderson, 257 F.3d 246, 251 (2d Cir.2001). Summary judgment is not appropriate where a review of the record reveals sufficient evidence for a rational trier of fact to find in the plaintiffs favor. … Law § 296 (7); Weixel v. Board of Educ. of the City of New York, 287 F.3d 138, 148-49 (2d Cir.2002) (elements of a retaliation claim under Rehabilitation Act are same as the ADA); Weissman v.

    Cited 688 timesPublished

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