Case law

Centro Tepeyac v. Montgomery County

683 F.3d 591 · Court of Appeals for the Fourth Circuit · Jun 27, 2012

Brown v. Entm’t Mer- chants Ass’n, 131 S. Ct. 2729, 2740 (2011); see also City of Ladue v. … Baugh v. Judicial Inquiry & Review Comm’n, 907 F.2d 440, 444 (4th Cir. 1990).  TEPEYAC v.

United States v. Commonwealth of Virginia George F. Allen, Governor, of the Commonwealth of Virginia Virginia Military Institute Joseph M. Spivey, Iii, President of the Virginia Military Institute Board of Visitors John Williams Knapp, Superintendent of Virginia Military Institute the Board of Visitors of Virginia Military Institute Vmi Foundation, Incorporated Vmi Alumni Association the Virginia State Council of Higher Education and Its Members and Officers Thomas N. Downing Elizabeth P. Hoisington, Brig. Gen. Robert Q. Marston a Courtland Spotts, Iii, Daniel F. Flowers B. Powell Harrison, Jr. Robert H. Spilman Samuel E. Woolwine James W. Enochs, Jr. William A. Hazel Harvey S. Sadow Douglas K. Baumgartner Daniel D. Cameron Glen N. Jones John W. Roberts, and Gordon K. Davies, the National Women's Law Center American Association of University Women American Civil Liberties Union California Women's Law Center Center for Women Policy Studies Connecticut Women's Education and Legal Fund Equal Rights Advocates Federally Employed Women, Inc. Feminist Majority Foundation Human Rights Campaign Fund Lawyer's Committee for Civil Rights Under Law National Association for Girls & Women in Sport National Association of Commissions for Women National Council of Negro Women National Education Association National Gay and Lesbian Task Force National Hookup of Black Women National Organization for Women Now Legal Defense and Education Fund National Women's Conference Committee National Women's Party Northwest Women's Law Center Trial Lawyers for Public Justice Women Employed Women's Law Project Women's Legal Defense Fund Ywca of the U.S.A. Mary Baldwin College Wells College Saint Mary's College Southern Virginia College, Amici Curiae. United States of America v. Commonwealth of Virginia George F. Allen, Governor, of the Commonwealth of Virginia Virginia Military Institute Joseph M. Spivey, Iii, President of the Virginia Military Institute Board of Visitors John Williams Knapp, Superintendent of Virginia Military Institute the Board of Visitors of Virginia Military Institute Vmi Foundation, Incorporated Vmi Alumni Association the Virginia State Council of Higher Education and Its Members and Officers Thomas N. Downing Elizabeth P. Hoisington, Brig. Gen. Robert Q. Marston a Courtland Spotts, Iii, Daniel F. Flowers B. Powell Harrison, Jr. Robert H. Spilman Samuel E. Woolwine James W. Enochs, Jr. William A. Hazel Harvey S. Sadow Douglas K. Baumgartner Daniel D. Cameron Glen N. Jones John W. Roberts, and Gordon K. Davies, the National Women's Law Center American Association of University Women American Civil Liberties Union California Women's Law Center Center for Women Policy Studies Connecticut Women's Education and Legal Fund Equal Rights Advocates Federally Employed Women, Inc. Feminist Majority Foundation Human Rights Campaign Fund Lawyer's Committee for Civil Rights Under Law National Association for Girls & Women in Sport National Association of Commissions for Women National Council of Negro Women National Education Association National Gay and Lesbian Task Force National Hookup of Black Women National Organization for Women Now Legal Defense and Education Fund National Women's Conference Committee National Women's Party Northwest Women's Law Center Trial Lawyers for Public Justice Women Employed Women's Law Project Women's Legal Defense Fund Ywca of the U.S.A. Mary Baldwin College Wells College Saint Mary's College Southern Virginia College, Amici Curiae

44 F.3d 1229 · Court of Appeals for the Fourth Circuit · Jan 26, 1995

See Brown v. Board of Educ., 347 U.S. 483, 493 (1954) ("Today, education is perhaps the most important function of state and local governments."); Stroman v. Colleton County Sch. … Cleveland Board of Education v.

Brast v. Winding Gulf Colliery Co.

94 F.2d 179 · Court of Appeals for the Fourth Circuit · Jan 4, 1938

Afterwards, this court in the case of Marsh Fork Coal Company v. … In the case of White Oak Coal Company v.

M.E. Ex Rel. C.E. v. Buncombe County Board of Education

72 F. App'x 940 · Court of Appeals for the Fourth Circuit · Aug 18, 2003

In M.E.’s first appeal, we con- cluded that M.E.’s claim against the Buncombe County Board of Edu- cation (the Board) was not barred by North Carolina’s 60-day statute of limitations because the Board failed to give sufficient … See C.M. v. Bd. of Educ. of Hender- son County, 241 F.3d 374, 388 (4th Cir. 2001) (consolidated appeal).

United States Ex Rel. Oberg v. Pennsylvania Higher Education Assistance Agency

745 F.3d 131 · Court of Appeals for the Fourth Circuit · Mar 13, 2014

In Vermont Agency of Natural Resources v. United States, ex rel. … Vermont law provides that eight members of VSAC’s eleven-member board of directors are either state officials or gubernatorial appointees, and that the board elects the remaining three members. Vt. Stat.

United States v. Southern Management Corporation

955 F.2d 914 · Court of Appeals for the Fourth Circuit · Feb 3, 1992

United States v. … Beam Distilling Co. v.

Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.

64 F.2d 817 · Court of Appeals for the Fourth Circuit · Apr 21, 1933

There has been no meeting of the stockholders of the Tower Hill of West Virginia since May 3, 1920, and consequently no election of a board of directors since that time, nor was there any meeting of the board of directors … Rep. 356 ; Republican Co. v. Brown (C. C. A.) 58 F. 644 , 24 L. R. A. 776; Sidway v. Missouri Co. (C. C.) 101 F. 481 ; Pearce v. Sutherland (C. C. A.) 164 F. 609 ; In re Electric Supply Co. (D. C.) 175 F. 612 .

Evelyn J. Johnson v. S. A. Fraley Jr.

470 F.2d 179 · Court of Appeals for the Fourth Circuit · Nov 20, 1972

Sindermann, 408 U.S. 593 , 92 S.Ct. 2694 , 33 L.Ed.2d 570 (1972), and Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). 2 The setting in which the cause came to the District Court was this. … In Board of Regents v.

Michael E. Bowles Lynn G. Bowles v. United States

820 F.2d 647 · Court of Appeals for the Fourth Circuit · Jun 3, 1987

See id.; Brown v. United States, 427 F.2d 57, 62 (9th Cir.1970). … In Brown v. United States, 427 F.2d 57 (9th Cir.1970), the Ninth Circuit confronted the same issue.

Virginia-Lincoln Furniture Corp. v. Com'r of Int. Rev.

56 F.2d 1028 · Court of Appeals for the Fourth Circuit · Mar 7, 1932

United States v. Anderson, 269 U. S. 422 , 46 S. Ct. 131 , 70 L. Ed. 347 ; Lucas v. American Code Co., 280 U. S. 445 , 50 S. Ct. 202 , 74 L. Ed. 538 ; Burnet v. Sanford & Brooks Co., 282 U. S. 359 , 51 S. … See Underwood v. Commissioner (C. C. A. 4th) 56 F.(2d) 67 . The decision of the Board will be reversed, and the cause will be remanded for further proceedings in accordance with this opinion. Reversed.

Watson v. Shenandoah University

699 F. App'x 262 · Court of Appeals for the Fourth Circuit · Oct 26, 2017

See Watson v. Shenandoah Univ., No. 5:14-cv-00022-EKD-JCH, 2017 WL 1181029 (WD. Va. Mar. 29, 2017).

Eberhardt v. Integrated Design & Construction, Inc.

167 F.3d 861 · Court of Appeals for the Fourth Circuit · Feb 10, 1999

He declined to perform his newly assigned duties, and the Board fired him. … See Anderson v. United Tel. Co., 933 F.2d 1500, 1507 (10th Cir. 1991) ("The failure to state a claim for relief cannot be raised for the first time after trial on the merits."); Brown v.

Smith v. Commissioner

67 F.2d 167 · Court of Appeals for the Fourth Circuit · Oct 3, 1933

Collins & Co. v. Hyslop & Son, 11 Ala. 508 ; Jansen v. Hyde, 8 Colo. App. 38 , 44 P. 760 ; G. Taylor et al. v. A. G. Branham & Co., 35 Fla. 297 , 17 So. 552 , 39 L. R. A. 362, 48 Am. St. Rep. 249 . … Co. v. Surrells, 115 Ill. App. 615 ; Adams v. Walker, 59 Ga. 506 ; Wilson & Wheeler v. Nance & Collins, 11 Humph. (Tenn.) 189. , In Cowen v. Merriman, 17 App. D.

Standard Oil Co. v. United States

1 F.2d 961 · Court of Appeals for the Fourth Circuit · Sep 29, 1924

Gill & Sons Forge & Machine Works v. United States (C. C. … Ed. 474 ; Morse Dry Dock & Repair Co. v. United States (C. C. A. 2d Circuit) 1 F. (2d) 233; P. H. Gill & Sons Forge & Machine Works v. United States (C. C.

Bly v. Mcleod

605 F.2d 134 · Court of Appeals for the Fourth Circuit · Sep 12, 1979

In Parham v. … v.

United States v. Samuel Dale Bittinger, III

422 F.2d 1032 · Court of Appeals for the Fourth Circuit · Mar 26, 1970

United States v. Ransom, 223 F.2d 15 (7th Cir. 1955); United States v. Majher, 250 F.Supp. 106 (S. D.W.Va.1966). Cf. United States v. *1035 Grier, 415 F.2d 1098 (4th Cir. 1969). … Applying the regulation, we have held the board need not consider a claim of conscientious objection first asserted after the registrant received an order to report. United States v.

Fields v. Durham

909 F.2d 94 · Court of Appeals for the Fourth Circuit · Jul 19, 1990

In Cleveland Bd. of Educ. v. … See Huang v. Board of Governors, 902 F.2d 1134 (4th Cir.1990); Royster v. Board of Trustees, 774 F.2d 618 , 621 (4th Cir.1985).

Thomas Eagle v. Armco, Incorporation Director, Office of Workers' Compensation Programs, United States Department of Labor

943 F.2d 509 · Court of Appeals for the Fourth Circuit · Sep 3, 1991

Walker v. DOWCP, 927 F.2d 181, 183 (4th Cir.1991). … Gordon v. Schweiker, 725 F.2d 231, 235 (4th Cir.1984); see also Pitzer v.

New West Materials LLC v. Interior Board of Land Appeals

216 F. App'x 385 · Court of Appeals for the Fourth Circuit · Feb 8, 2007

Appellants appealed the BLM’s notice to the Interior Board of Land Appeals ("IBLA"), which affirmed the BLM’s trespass determination. … See Dredge Corp. v. Penny, Civ. No. 475 (D.

Michael Scott v. Cricket Communications, LLC

865 F.3d 189 · Court of Appeals for the Fourth Circuit · Jul 28, 2017

Brown v. Keene, 33 U.S. (8 Pet.) 112, 115 (1834). Whether a person is a domiciliary turns on the individual’s intent. Not all those physically present within a state are residents. See Ecker v. Atl. … Robertson v. Cease, 97 U.S. 646, 648 (1878). As courts of limited jurisdiction, we are constitutionally prohibited from “inferr[ing] argumentatively” that a person’s residency is her domicile. Brown, 33 U.S.