Case law

United States v. 1966 Beechcraft Aircraft Model King Air A90 Cream With Burg & Gold Stripes Sn:lj-129, Faa Reg:-333gg, Equipt, and Total Time Aircraft, Inc., United States of America v. 1969 Aerostar Aircraft Model 601, White With Red Stripes, Sn:61-0021, Faa Reg:n-7436s, Equipt, and Sundance Air, Inc., a Florida Corporation, and John Gerald Gerant, President of Said Corporation

777 F.2d 947 · Court of Appeals for the Fourth Circuit · Nov 27, 1985

See, e.g., Bass v. … Anderson v.

Doolin Security Savings Bank, F.S.B. v. Federal Deposit Insurance Corporation

53 F.3d 1395 · Court of Appeals for the Fourth Circuit · May 18, 1995

Ass’n v. Board of Governors of the Fed. Reserve Sys., 468 U.S. 207, 217 , 104 S.Ct. 3003, 3009 , 82 L.Ed.2d 158 (1984). … Ass’n v. Board of Governors of the Fed.

Peytona Lumber Co. v. Commissioner

55 F.2d 27 · Court of Appeals for the Fourth Circuit · Jan 14, 1932

Alameda Investment Co. v. McLaughlin (D. C.) 28 F.(2d) 81 ; Montana Mercantile Co. v. Rasmusson (D. C.) 28 F.(2d) 916 ; Commissioner v. Adolph Hirsch & Co. (C. C. … Williamsport Wire Rope Co. v. U. S., 277 U. S. 551 , 48 S. Ct. 587 , 72 L. Ed. 985 ; Ennis Coal Co. v. U. S. (C. C. A. 4th) 37 F.(2d) 574 .

Merle T. Wagner v. Richard J. Wheeler, and Harford County Government

13 F.3d 86 · Court of Appeals for the Fourth Circuit · Dec 1, 1993

B Since the Supreme Court’s decisions in Pickering v. Board of Educ., 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968), and Perry v. … See, e.g., Santiago de Castro v. Morales Medina, 943 F.2d 129 (1st Cir.1991); Pittsley v. Warish, 927 F.2d 8 (1st Cir.), cert. denied, — U.S. -, 112 S.Ct. 226 , 116 L.Ed.2d 183 (1991); Emmons v.

Homer R. Sykes v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Itmann Coal Company, a Corporation

812 F.2d 890 · Court of Appeals for the Fourth Circuit · Mar 3, 1987

Pushkin’s report; the Board then explained that a medical opinion on the severity of pulmonary impairment based on nonqualifying ventilatory or blood gas studies was competent rebuttal evidence. See Sykes v. … The dissent was correct and the Board in error in Sykes v. Itman Coal Co., 2 Black Lung Rep. 1-1089 (1980).

Richard Baker v. Bethlehem Steel Corporation Director, Office of Workers' Compensation Programs, United States Department of Labor

24 F.3d 632 · Court of Appeals for the Fourth Circuit · May 24, 1994

The instant discussion need not detain us long, for this Court has been joined by two other circuits in deciding the legal issue presented by this appeal against the position advanced by the Board. In Garner v. … Co. v. Pueblo of Santa Ana, 472 U.S. 237, 249 [ 105 S.Ct. 2587, 2594 , 86 L.Ed.2d 168 ] (1985); Woodfork v. Marine Cooks and Steward’s Union, 642 F.2d 966, 970-71 (5th Cir.1981), quoting Zeigler Coal Co. v.

Scruggs v. Campbell

630 F.2d 237 · Court of Appeals for the Fourth Circuit · Sep 26, 1980

Hicks v. … V B 8 (1978) 3 See 20 U.S.C. § 1415 (c); 45 C.F.R. 120(a). 510; Va.Code § 22-10.4(B) (Supp.1979); Va.Reg. Ch. V B 8 (1978) 4 The school board acted in accordance with state regulations then in effect.

Thomas v. Gates

31 F.2d 828 · Court of Appeals for the Fourth Circuit · Apr 9, 1929

Wilson Bros. v. Branham, 131 Va. 364 , 1091 S. E. 189 , Brown v. Surry Lumber Co., 113 Va. 503 , 75 S. E. 84 , and Hughes v. Hughes, *832 Ex’r, 2 Munf. (Va.) 209, 225. … The Brown v. Surry Lumber Co., case rather sustains the view contended for by appellee than that of the appellant, and the other two Virginia cases, Wilson Bros. v. Branham and Hughes v.

Bidwill v. Garvey

943 F.2d 498 · Court of Appeals for the Fourth Circuit · Aug 30, 1991

Mathewson Corp. v. Allied Marine Indus., Inc., 827 F.2d 850, 856 (1st Cir.1987); see Clark v. Ryan, 818 F.2d 1102, 1106 (4th Cir.1987). … They agreed at Board meetings with the player trustees that if the money was owed, then the Board had a duty to obtain it. See Kim v. Fujikawa, 827 F.2d 1401, 1404 (9th Cir.1987).

Dorothy Gray, Widow of Eugene Gray v. Director, Office of Workers' Compensation Programs, United States Department of Labor Riverton Coal Company

943 F.2d 513 · Court of Appeals for the Fourth Circuit · Sep 4, 1991

Likewise, the court in Cook v. … The Benefits Review Board notes the requirement that the AU consider 20 C.F.R. § 410.490 if entitlement is not established under § 727.-203. J.A. 5, citing Pittston Coal Group v.

Roland N. Patterson v. Norman P. Ramsey

552 F.2d 117 · Court of Appeals for the Fourth Circuit · Mar 31, 1977

Board of Regents v. Roth, 408 U.S. 564 , 573 & n. 12, 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). … Board of Regents v. Roth, supra, 416 U.S. at 572-75 , 92 S.Ct. 2701 . Indeed, it seems to us Dr. Patterson was accorded far more process than was constitutionally due. 2 The victim here is not the fired superintendent.

Koenick v. Felton

190 F.3d 259 · Court of Appeals for the Fourth Circuit · Aug 20, 1999

See Brogan v. Holland, 105 F.3d 158, 161 (4th Cir. 1997). We must affirm if the case presents no genuine issues of material fact and the Board is entitled to a judgment as a matter of law. See Roe v. … Everson v. Board of Educ., 330 U.S. 1, 16 (1947) (citation omitted). There is much confusion, however, about how to apply this broad principle in specific cases.

Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System

792 F.2d 451 · Court of Appeals for the Fourth Circuit · Jun 6, 1986

Simmons, Plaintiffs, v. Harlan E. … Simmons, Plaintiffs, v. Harlan E.

Southern Ry. Co. v. O'Dell

252 F. 540 · Court of Appeals for the Fourth Circuit · Jul 22, 1918

He says: “I told Browning to go and start up the motor. I repaired it, and told Mm to start it up. My left foot was on tMs shaft box. … Co. v. Yurkonis, 238 U. S. 439 , 35 Sup. Ct. 902, 59 L. Ed. 1397 ; Chicago, etc., R. R. Co. v. Harrington, 241 U. S. 177 , 36 Sup. Ct. 517, 60 L. Ed. 941 ; Raymond v. Chicago, etc., Ry. Co., 243 U. S. 43 , 37 Sup.

Hopewell Nursing Home, Inc. v. Schweiker

666 F.2d 34 · Court of Appeals for the Fourth Circuit · Nov 30, 1981

, or modifies the Board’s decision. … A “final decision” of the Board or Secretary is jurisdictional and not dispensable merely because the district court concludes that administrative review would be futile. See Weinberger v.

R.S. v. Board of Directors of Woods Charter School Company

Court of Appeals for the Fourth Circuit · May 31, 2023

For instance, in Brown v. … See, e.g., Davidson v. D.C., 736 F.

Rafael Figeroa, A/K/A Rafael Najarro-Morales v. U.S. Immigration & Naturalization Service

886 F.2d 76 · Court of Appeals for the Fourth Circuit · Sep 21, 1989

Figeroa now petitions this court to overturn the Board’s decision. II. … See Brice v.

Leonard L. Brown v. C. Richard Kelly, Individually and in His Capacity as Assistant Attorney General for the State of South Carolina

823 F.2d 546 · Court of Appeals for the Fourth Circuit · Jun 26, 1987

The Brown suit was settled after one day of trial by a settlement order entered December 22, 1982. 6 In October 1982, one week before the Brown suit went to trial, Brown filed a grievance against Kelly before the Board of … In Sue and Sam Manufacturing Co. v.

Boring v. Buncombe Co. Bd. of Educ.

Court of Appeals for the Fourth Circuit · Dec 3, 1996

Board of Educ. , 461 F.2d 566, 575 (2d Cir. 1972) (same), cert. denied, 409 U.S. 1042 (1972); Keefe, 418 F.2d at 361-62 (same); Krizek v. Board of Educ. , 713 F. Supp. 1131, 1137-43 (N.D. Ill. 1989) (same). … See Board of Educ. v.

Glendale Manufacturing Company v. Local No. 520, International Ladies' Garment Workers' Union, Afl-Cio

283 F.2d 936 · Court of Appeals for the Fourth Circuit · Nov 10, 1960

See Machinists Local v. National Labor Relations Board, 362 U.S. 411 , 80 S.Ct. 822 , 4 L.Ed.2d 832 ; Elastic Stop Nut Corp. v. N. L. R. B., 8 Cir., 142 F.2d 371 ; N. L. R. B. v. Booker, 5 Cir., 180 F.2d 727 ; Katz v. … B. v. John Engelhorn *939 & Sons, 3 Cir., 134 F.2d 553 ; N. L. R. B. v. Goshen Rubber and Mfg. Co., 7 Cir., 110 F.2d 482; N. L. R. B. v. National Motor Bearing Co., 9 Cir., 105 F.2d 652 ; Douds v.