Case law

National Labor Relations Board v. General Cinema Corp.

526 F.2d 427 · Court of Appeals for the Fifth Circuit · Jan 22, 1976

See NLRB v. Hudson Berlind Corp., 2 Cir., 1974, 494 F.2d 1200, 1203 . … See North Carolina v. Rice, 1971, 404 U.S. 244 , 92 S.Ct. 402 , 30 L.Ed.2d 413 ; Muskrat v. United States, 1911, 219 U.S. 346 , 31 S.Ct. 250 , 55 L.Ed.2d 246 .

Noelle M. Henry v. Coahoma County Board of Education

353 F.2d 648 · Court of Appeals for the Fifth Circuit · Jan 4, 1966

Henry testified that she made three separate attempts to obtain an explanation from Hunter or the School Board as to the basis of the refusal to renew her contract, but each time Hunter told her the Board had made the refusal … See Lott v. State ex rel. Kelly, 239 Miss. 97 , 121 So.2d 402 . . Henry v. Coahoma County Board of Education et al,, 246 F.Supp. 517 .

Southwestern Electric Service Co. v. National Labor Relations Board

194 F.2d 939 · Court of Appeals for the Fifth Circuit · Mar 13, 1952

The Board sustained two of the challenges, but failed to decide the third. … The petition to review the order of the Board is granted, the petition to enforce denied, the order set aside, and the complaint dismissed.

National Labor Relations Board v. Burnup and Sims, Inc.

322 F.2d 57 · Court of Appeals for the Fifth Circuit · Aug 22, 1963

N.L.R.B. v. Adkins Transfer Co., 6th Cir. 1955, 226 F.2d 324 . … N.L.R.B. v. Dalton Brick & Tile Corp., 5th Cir.1962, 301 F.2d 886, 896 . Under this test the Board is not entitled to the enforcement of its order. The Board relies on N.L.R.B. v.

Nuveen v. Board of Public Instruction of Gadsden County

88 F.2d 175 · Court of Appeals for the Fifth Circuit · Feb 16, 1937

In 1911 the Supreme Court of Florida in Brown v. … Robb v. Vos, 155 U.

Emerson Emory v. Texas State Board of Medical Examiners

748 F.2d 1023 · Court of Appeals for the Fifth Circuit · Dec 17, 1984

United Carolina Bank v. Board of Regents, 665 F.2d 553, 557 (5th Cir.1982). … United States v. Brown, 555 F.2d 407, 417 (5th Cir.1977), cert. denied, 435 U.S. 904 , 98 S.Ct. 1448 , 55 L.Ed.2d 494 (1978).

Rubin Bros. Footwear, Inc. v. National Labor Relations Board

203 F.2d 486 · Court of Appeals for the Fifth Circuit · Apr 13, 1953

B. v. Ray Smith Transport Co., 5 Cir., 193 F.2d 142 ; N. L. R. B. v. Fulton Bag and Cotton Mills, 5 Cir., 175 F.2d 675 ; and cases cited in note 6 at page 677; N. L. R. B. v. … B. v. Russell Mfg. Co., 5 Cir., 191 F.2d 358 , at page 359. . 54 N.L.R.B., 933 -935; 91 N.L.R.B., 783 .

Farber v. Louisiana State Board of Medical Examiners

326 F. App'x 314 · Court of Appeals for the Fifth Circuit · Jun 8, 2009

Appellant now acknowledges that suit against the Board is barred by the Eleventh Amendment but argues that the district court should have permitted him to amend his complaint to include Board Members in their official capacities … Heedless of this order, the amended complaint did not name Board Members in their official capacities as defendants.

Davis v. Board of School Commissioners of Mobile County

430 F.2d 883 · Court of Appeals for the Fifth Circuit · Jun 8, 1970

It was such dual systems, organized and operated by the states acting through local school boards and school officials, which were held unconstitutional in Brown v. … Board of Education, 1954, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (Brown I), and which were ordered abolished in Brown v. Board of Education, 1955, 349 U.S. 294 , 75 S.Ct. 753 , 99 L.Ed. 1083 (Brown II).

Virginia Cole v. Choctaw County Board of Education

471 F.2d 777 · Court of Appeals for the Fifth Circuit · Jan 5, 1973

Pickering v. Board of Education, 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968); Freeman v. … The Choctaw County Board of Education discharged Virginia Cole for constitutionally impermissible reasons.

United States v. Wilcox County Board of Education

366 F.2d 769 · Court of Appeals for the Fifth Circuit · Aug 30, 1966

v. … In accordance with procedure followed in other cases, Stell v. Savannah-Chatham County Board of Education, 5 Cir., 318 F.2d 425 ; Armstrong v.

National Labor Relations Board v. Birdsall Construction Company

487 F.2d 288 · Court of Appeals for the Fifth Circuit · Nov 20, 1973

BROWN, Chief Judge: The Board found that Employer, Bird-sall Construction Company, committed an unfair labor practice in violation of 8(a)(1), NLRA, 29.U.S.C.A. § 158(a), ordered Employer to “cease and desist from coercively … There was ample evidence to sustain the Board’s finding that the interrogations in the light of the total circumstances could be expected to bring about fear of reprisals. See, NLRB v.

Burnup & Sims, Inc. v. National Labor Relations Board

383 F.2d 987 · Court of Appeals for the Fifth Circuit · Nov 2, 1967

The decision and order of the Board are reported in 157 N.L.R.B. 366 . 1 The findings of the Board are supported by substantial evidence on the record as a whole and this being so, it follows that the order of the Board should … B. v. Burnup & Sims, Inc., 5th Cir. 1963, 322 F.2d 57 ; N. L. B. B. v. Burnup & Sims, Inc., 379 U.S. 21 , 85 S.Ct. 171 , 13 L.Ed.2d 1 .

Southwestern Portland Cement Company v. National Labor Relations Board

407 F.2d 131 · Court of Appeals for the Fifth Circuit · Apr 7, 1969

Anchor Manufacturing Company v. NLRB, 300 F.2d 301, 303 (5 Cir., 1962); NLRB v. Trinity Steel Company, 214 F.2d 120, 123 (5 Cir., 1954). … Linn v. United Plant Guard Workers, supra.

Davis v. East Baton Rouge Parish School Board

78 F.3d 920 · Court of Appeals for the Fifth Circuit · Mar 15, 1996

This school desegregation case was filed in 1956 following the decisions in Brown v. Board of Educ., 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954) and Brown v. … See Pansy v.

National Labor Relations Board v. Russell Mfg. Co., Inc.

187 F.2d 296 · Court of Appeals for the Fifth Circuit · May 10, 1951

B. v. Tex-O-Kan Flour Mills, 5 Cir., 122 F.2d 433 . A person acting in the interest of the employer must be one who in fact and law may properly be termed his agent. … We cannot find substantial support for the Board’s ruling in regard to these individual respondents.

James Walter Cherry v. Director, State Board of Corrections

635 F.2d 414 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

United States v. Jorn and Illinois v. … Clayton v. Blackburn, 578 F.2d 117, 120 (5th Cir. 1978). See also Norvell v. Illinois, 373 U.S. at 424 , 83 S.Ct. at 1368 ; Bowen v.

D Foster v. U. S. Board of Parole

523 F.2d 1053 · Court of Appeals for the Fifth Circuit · Oct 28, 1975

523 F.2d 1053 * d Foster v. U. S. Board of Parole 75-2705 UNITED STATES COURT OF APPEALS Fifth Circuit 10/28/75 1 N.D.Ga. AFFIRMED * Summary Calendar case; Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v.

Brown v. Sudduth

255 F. App'x 803 · Court of Appeals for the Fifth Circuit · Nov 7, 2007

No. 05-61068 The district court first sua sponte dismissed Brown’s complaint without prejudice pursuant to Heck v. … According to the district court, nothing in the facts indicated that Brown’s arrest was unlawful. This court reversed. See Brown v. Sudduth, 93 F. App’x 674 (5th Cir. Apr. 5, 2004).

National Labor Relations Board v. Unoco Apparel, Inc.

508 F.2d 1368 · Court of Appeals for the Fifth Circuit · Mar 5, 1975

To discharge our duty in this case we must review all of the evidence, and not only that which supports the Board’s decision. T.I.M.E.-DC, Inc. v. NLRB, 504 F.2d 294 (5th Cir. 1974); M.R. & R. Trucking Co. v. … See NLRB v. Truitt Mfg. Co., 351 U.S. 149 , 76 S.Ct. 753 , 100 L.Ed. 1027 (1956); NLRB v. Palomar Corp., 465 F.2d 731 (5th Cir. 1972). Unoco makes two further challenges to the Board’s order in this proceeding.