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  • 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 .

    Cited 13 timesPublished
  • National Labor Relations Board v. Harbison-Fischer Manufacturing Co.

    304 F.2d 738 · Court of Appeals for the Fifth Circuit · Jun 20, 1962

    The Board adopted the Examiner’s findings and recommendations. … B. v. Armour & Co., 5 Cir., 1954, 213 F.2d 625 , and are more nearly comparable to those in N. L. R. B. v.

    Cited 19 timesPublished
  • Robert E. Fingar v. United States Railroad Retirement Board

    402 F.2d 544 · Court of Appeals for the Fifth Circuit · Nov 29, 1968

    Jones v. Central of Georgia Railway Company, decided by the National Railroad Adjustment Board, 1st Division. … Ladish v. Railroad Retirement Board, 339 F.2d 590 (5 Cir., 1964); Squires v. Railroad Retirement Board, 161 F.2d 182 (5 Cir., 1947).

    Cited 7 timesPublished
  • National Labor Relations Board v. Linda Jo Shoe Company

    307 F.2d 355 · Court of Appeals for the Fifth Circuit · Aug 7, 1962

    Republic Aviation Corporation v. N. L. R. B., 324 U.S. 793 , 65 S.Ct. 982 , 89 L.Ed. 1372 ; N. L. R. B. v. … The Board’s order, directing reinstatement with compensation for any loss suffered by her discharge, is entitled to enforcement. The Board’s order will be Enforced.

    Cited 19 timesPublished
  • National Labor Relations Board v. Moore Business Forms, Inc.

    574 F.2d 835 · Court of Appeals for the Fifth Circuit · Jun 8, 1978

    B. v. Marshall Car Wheel & Foundry Co., 5 Cir. 1955, 218 F.2d 409 ; N. L. R. B. v. Cambria Clay Products Co., 6 Cir. 1954, 215 F.2d 48 . … If the evidence before the Board is conflicting, and the Board’s decision rests on credibility, then we are bound by the credibility choice. Helena Laboratories Corp. v. N. L. R.

    Cited 51 timesPublished
  • The Berry Schools v. National Labor Relations Board, N. Gordon Carper, Joyce Carper v. National Labor Relations Board

    627 F.2d 692 · Court of Appeals for the Fifth Circuit · Oct 8, 1980

    Likewise, we acknowledge that we must honor the Board’s choice between “fairly competing inferences.” Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456, 465 , 95 L.Ed. 456, 467-68 (1951); NLRB v. … Megill v. Board of Regents of State of Florida, 541 F.2d 1073, 1077 (5th Cir. 1976). See also Powell v. Syracuse University, 580 F.2d 1150, 1153 (2d Cir. 1978); Ayers v.

    Cited 12 timesPublished
  • F. H. Woodruff & Sons, Inc., and v. C. P. Brown, and C. P. Brown, and v. F. H. Woodruff & Sons, Inc., And

    256 F.2d 391 · Court of Appeals for the Fifth Circuit · Jul 9, 1958

    Further, under Texas law, Brown’s recovery is not limited to the purchase price of the seeds; he may recover the full amount of his damages. DeKalb Hybrid Seed Co. v. Agee, Tex.Civ.App.1956, 293 S.W.2d 64 , 2 67. … See State v. Griffis, Tex.Civ.App.1957, 300 S.W.2d 220 .

    Cited 2 timesPublished
  • National Labor Relations Board v. Rogers Bros. Wholesalers

    526 F.2d 354 · Court of Appeals for the Fifth Circuit · Jan 22, 1976

    See, e. g., Bowman Transportation, Inc. v. Arkansas Best Freight System, Inc., 419 U.S. 281 , 95 S.Ct. 438 , 42 L.Ed.2d 447, 454-55 (1974); Universal Camera Corp. v. … NLRB, 340 U.S. 474, 485-86 , 71 S.Ct. 456, 463 , 95 L.Ed. 456, 466-67 (1951); NLRB v. Pearl Bookbinding Co., 517 F.2d 1108, 1112 (1st Cir. 1975); NLRB v. R. L. Sweet Lumber Co., 515 F.2d 785, 793 (10th Cir. 1975).

    Cited 1 timesPublished
  • National Labor Relations Board v. Soft Water Laundry, Inc.

    346 F.2d 930 · Court of Appeals for the Fifth Circuit · Jun 15, 1965

    NLRB v. R. C. Can Company, (5 Cir. 1965) 340 F.2d 433 ; NLRB v. Wix Corporation, (4 Cir. 1962) 309 F.2d 826 . … The burden is on the Board to prove and not on the employer to disprove the existence of unlawful motivation in discharging the employee. See, e. g., NLRB v. Birmingham Publishing Co., supra; NLRB v.

    Cited 29 timesPublished
  • National Labor Relations Board v. Atlantic Towing Company

    182 F.2d 625 · Court of Appeals for the Fifth Circuit · Jun 23, 1950

    Cited 0 timesPublished
  • Brown v. King

    250 F. App'x 28 · Court of Appeals for the Fifth Circuit · Oct 4, 2007

    Fulbruge III Summary Calendar Clerk PAUL ALLEN BROWN Plaintiff-Appellant v. … Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992).

    Cited 5 timesUnpublished
  • National Labor Relations Board v. Arthur G. McKee & Co.

    196 F.2d 636 · Court of Appeals for the Fifth Circuit · May 10, 1952

    B. v. … B. v. Denver Bldg. Council, 341 U.S. 675 , 71 S.Ct. 943 , 95 L.Ed. 1284 ; N. L. R. B. v. Daniel Hamm Drayage Co., 185 F.2d 1020 ; N. L. R. B. v. Mid-Co Gas Co., 5 Cir., 183 F.2d 451 ; Shore v. Bldg. & Const.

    Cited 5 timesPublished
  • National Labor Relations Board v. Plastic Applicators, Inc.

    369 F.2d 495 · Court of Appeals for the Fifth Circuit · Dec 2, 1966

    N.L.R.B. v. … Kansas Milling Co. v. N.L.R.B., also cited in the Board’s brief, supra, involved a refusal to reinstate six employees following an economic strike.

    Cited 6 timesPublished
  • National Labor Relations Board v. Parker Bros. & Co., Inc

    209 F.2d 278 · Court of Appeals for the Fifth Circuit · Jan 15, 1954

    B. v. … Virginia Electric & Power Co. v. N.L. R.B., 319 U.S. 533 , 63 S.Ct. 1214 , 87 L.Ed. 1568 ; N.L.R.B. v. Brown Paper Mills, 5 Cir., 108 F.2d 867 ; N.L.R.B. v. Texas Mining & Smelting Co., 5 Cir., 117 E.2d 86; N.L.R.B. v.

    Cited 13 timesPublished
  • National Labor Relations Board v. Local Union No. 450, International Union of Operating Engineers

    281 F.2d 313 · Court of Appeals for the Fifth Circuit · Jul 12, 1960

    . *318 This Court has considered and rejected the Brown-Olds remedy 5 in two recent cases. N. L. R. B. v. … In the circumstances of this case, this Court is not willing to sanction the Board’s application of the Brown-Olds remedy.

    Cited 2 timesPublished
  • National Labor Relations Board v. J. M. MacHinery Corporation

    410 F.2d 587 · Court of Appeals for the Fifth Circuit · Apr 9, 1969

    Thus the Board concluded that inquiry into the thoughts and afterthoughts of the signer need not be made. Joy Silk Mills, Inc. v. N. L. R. … B. v. Peterson Brothers Co., supra, is a good and fair legal standard, i. e. the Board must establish that the signer of the card did, in effect, do what he would have done by voting in a Board election.

    Cited 15 timesPublished
  • National Labor Relations Board v. Standard Container Company

    428 F.2d 793 · Court of Appeals for the Fifth Circuit · Jun 15, 1970

    See Boeing Co. v. Shipman, 411 F.2d 365, 374 (5th Cir.1969). Accordingly, that portion of the Board’s order requiring Standard to cease and desist with such interference should be enforced. … Under these circumstances the Board’s order to reinstate Geiger must be enforced. Cf. N. L. R. B. v. Burnup & Sims, Inc., 379 U.S. 21 , 85 S.Ct. 171 , 13 L.Ed.2d 1 (1964).

    Cited 4 timesPublished
  • Manning, Maxwell & Moore, Incorporated v. National Labor Relations Board

    324 F.2d 857 · Court of Appeals for the Fifth Circuit · Nov 27, 1963

    B. v. Parkhurst Manufacturing Co., 8 Cir. 1963, 317 F.2d 513 . … B. v. Dallas City Packing Co., 5 Cir. 1958, 251 F.2d. 663, 666 .

    Cited 31 timesPublished
  • National Labor Relations Board v. Sunnyland Packing Co.

    211 F.2d 923 · Court of Appeals for the Fifth Circuit · Apr 22, 1954

    What and all that is in question in this proceeding for approval of the Board’s *924 decision 1 and enforcement of its order is whether, upon the record considered as a whole, substantial evidence supports the Board’s findings … The Board, in its brief and oral argument, relies on the reasoned and detailed intermediate report of some twenty pages in which the examiner, carefully and painstakingly gathering and assembling the opposed evidence, has

    Cited 2 timesPublished
  • Standard Materials, Inc. v. National Labor Relations Board

    862 F.2d 1188 · Court of Appeals for the Fifth Circuit · Jan 12, 1989

    National Labor Relations Board, 319 U.S. 533, 539 , 63 S.Ct. 1214, 1218 , 87 L.Ed. 1568 (1942); Labor Board v. Link-Belt Co., 311 U.S. 584, 585-86 , 61 S.Ct. 358, 359-60 , 85 L.Ed. 368 (1941); I.A. of M. v. … Lewis, Inc. v. National Labor Relations Board, 681 F.2d 1154, 1156 (9th Cir.1982).

    Cited 5 timesPublished

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