Case law

Brown v. Taylor

139 F. App'x 613 · Court of Appeals for the Fifth Circuit · Jul 19, 2005

By moving for leave to proceed IFP, Brown is challenging the district court’s certification that his appeal was not taken in good faith. See Baugh v. … The primary legal basis upon which the district court dismissed Brown’s complaint is that his allegations were barred by the doctrine of Heck v.

Dow Chemical Company, Texas Division v. National Labor Relations Board

660 F.2d 637 · Court of Appeals for the Fifth Circuit · Nov 5, 1981

In Paceco v. … The board enjoys a “wide discretion over representation matters,” Brooks v.

National Labor Relations Board v. L. B. Priester & Son, Inc.

669 F.2d 355 · Court of Appeals for the Fifth Circuit · Mar 5, 1982

To determine whether Priester had unilaterally changed the negotiated wage scale, the Board had to interpret the collective bargaining agreement. Such interpretations are well within the Board’s authority. NLRB v. … Board of Trade of San Francisco v. Swiss Credit Bank, 597 F.2d 146, 149 (9th Cir. *365 1979).

Ted Hicks and Associates, Inc. v. National Labor Relations Board

572 F.2d 1024 · Court of Appeals for the Fifth Circuit · May 8, 1978

(Hicks), a building contractor, petitions to set aside an order of the National Labor Relations Board (NLRB). … The Board’s interpretation of a collective bargaining agreement will stand if it is supported by the record and has a reasonable basis in law. Newspaper Production Co. v. NLRB, 5 Cir., 1974, 503 F.2d 821 , 830.

Winn-Dixie Stores, Inc. v. National Labor Relations Board

575 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jun 26, 1978

The Board’s remedy is simply too speculative, see Kroger Co. v. … See Winn-Dixie Stores, Inc. v. NLRB, 567 F.2d 1343 , 1351 (5th Cir. 1978); Kroger, supra.

Red Arrow Freight Lines v. National Labor Relations Board

423 F.2d 35 · Court of Appeals for the Fifth Circuit · Feb 19, 1970

See Huth v. Southern Pacific Co., 5 Cir. 1969, 417 F.2d 526 ; Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804 ; 5th Cir. R. 18. … Therefore, we enforce the order of the Board.

Frank v. Brown

Court of Appeals for the Fifth Circuit · Apr 17, 2000

FRANK, Plaintiff-Appellant, versus GARY BROWN, Jones County District Attorney, Defendant-Appellee. … Frank v. Garner, No. 96-40375 (5th Cir. July 31, 1996) (affirming district court’s dismissal of his civil rights suit as frivolous); Frank v. Reno, No. 1:97-CV-165-C (N.D. Tex.

Davis v. United States

124 F.4th 980 · Court of Appeals for the Fifth Circuit · Jan 8, 2025

However, in Brown, the court “revisited the clear statutory language in 18 U.S.C. § 3582(c)(1)” and federal court opinions, including this Court’s decision in Landazuri v. Hall, 423 F. … Davis argues that 10 U.S.C. § 858(a) and Bates v.

National Labor Relations Board v. Daniel Hamm Drayage Co.

185 F.2d 1020 · Court of Appeals for the Fifth Circuit · Jan 22, 1951

It is considered 'by the Court, and so ordered, that the petition to enforce the order of the Board be, and the same hereby is, granted.

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. OFFENHAUSER COMPANY, Respondent

438 F.2d 104 · Court of Appeals for the Fifth Circuit · May 11, 1971

Pittsburgh Plate Glass Company v. N.L. R.B., 1941, 313 U.S. 146, 157-158 , 61 S. Ct. 908 , 85 L.Ed. 1251, 1261 . Summary judgment was appropriate. The order of the National Labor Relations Board is Enforced. … The Board’s decision and order are reported at 180 NLRB No. 74 .

National Labor Relations Board v. M. P. Building Corp.

411 F.2d 567 · Court of Appeals for the Fifth Circuit · May 14, 1969

See Radio and Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, 380 U.S. 255 , 85 S.Ct. 876 , 13 L.Ed.2d 789 (1965) and N. L. R. B. v. Jordan Bus Co., 380 F.2d 219, 222 (10 Cir. 1967). … There was substantial evidence from which the Board could reasonably infer that the discharge and subsequent events were diseriminatorily motivated. See Great Atlantic and Pacific Tea Co. v. N. L. R.

Virgie Lee Valley, United States of America, Intervenor v. Rapides Parish School Board, Richard P. Ieyoub, Attorney General of the State of Louisiana

145 F.3d 329 · Court of Appeals for the Fifth Circuit · Jun 26, 1998

The Rapides Parish School Board (“RPSB”) operated a constitutionally impermissible dual school system — one for whites and one for non-whites — at the time of Brown v. … Board of Educ., 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954) {Brown I). In light of Brown and its progeny — which directed that schools be desegregated “with all deliberate speed,” Brown v.

Gordon v. Board of Governors of Federal Reserve System

645 F.2d 70 · Court of Appeals for the Fifth Circuit · Apr 28, 1981

645 F.2d 70 Gordon v. Board of Governors of Federal Reserve System 80-7557 UNITED STATES COURT OF APPEALS Fifth Circuit 4/28/81 1 N.D.Ga. 2 AFFIRMED *** *** Opinion contains citation(s) or special notations

National Labor Relations Board v. Nashua Manufacturing Corporation of Texas

218 F.2d 886 · Court of Appeals for the Fifth Circuit · Jan 21, 1955

, the things said and done were not in violation of the Act, and upon the authority of N.L.R.B. v. … An examination of the evidence, as Board and respondent set it out, convinces us that, fairly considered, the evidence supports the findings of examiner and Board.

National Labor Relations Board v. Winn-Dixie Stores, Inc.

414 F.2d 786 · Court of Appeals for the Fifth Circuit · Jun 17, 1969

We do not have here, as we did in the case of NLRB v. … In this respect the respondent relies heavily on this court’s decision in NLRB v. Peterson Bros., supra. This court did not make such á holding in that case.

United States v. Brown

79 F. App'x 675 · Court of Appeals for the Fifth Circuit · Nov 3, 2003

Because Brown did not make the above arguments in the district court either at rearraignment or at sentencing, our review is for plain error. See United States v. … In light of this recognition, we conclude that Brown has failed to demonstrate plain error. See United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc).

Croft v. Governor of Texas

562 F.3d 735 · Court of Appeals for the Fifth Circuit · Mar 16, 2009

Brown v. Gilmore, 258 F.3d 265 (4th Cir. 2001). The Supreme Court actually denied certiorari, and never ruled on the merits of the case. See Brown v. Gilmore, 534 U.S. 996 (2001). … In 2001, the Fourth Circuit upheld a Virginia moment of silence statute in Brown v. Gilmore, 258 F.3d 265 (4th Cir. 2001).

Earl A. Brown, Jr. And Betty Galt Brown v. United States of America, Earl A. Brown, Jr., Independent of the Estate of Earl A. Brown v. United States of America, Earl A. Brown, Jr., Independent of the Estate of Ellen Augusta Brown v. United States of America, Susan Brown Barry, Guardian of Brice Galt Barry v. United States of America, Susan Brown Barry, Guardian of Andrew Earl Barry v. United States of America, Susan Brown Barry v. United States

890 F.2d 1329 · Court of Appeals for the Fifth Circuit · Dec 13, 1989

BROWN, Jr. and Betty Galt Brown, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Earl A. BROWN, Jr., Independent Executor of the Estate of Earl A. Brown, Plaintiff-Appellant, v. … BROWN, Jr., Independent Executor of the Estate of Ellen Augusta Brown, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Susan Brown BARRY, Guardian of Brice Galt Barry, Plaintiff-Appellant, v.

J. P. Stevens & Co. v. National Labor Relations Board

441 F.2d 514 · Court of Appeals for the Fifth Circuit · Mar 22, 1971

Judge Brown’s characterization in Stevens V is equally apt here: “Stevens has been engaged in a massive multistate campaign to prevent unionization of its Southern plants. … Stevens & Co. v. NLRB, 5 Cir. 1969, 417 F.2d 533 . . This language is borrowed from Chief Judge Brown’s characterization of Stevens’ conduct in an earlier case, J. P. Stevens & Co. v. NLRB, supra, 417 F.2d at 536. .

United States Postal Service v. National Labor Relations Board

652 F.2d 409 · Court of Appeals for the Fifth Circuit · Jul 17, 1981

NLRB, supra, at 730, quoting NLRB v. Thor Power Tool Co., 351 F.2d 584, 587 (7th Cir. 1965). See Republic Aviation Corp. v. NLRB, supra; Falcon Plastics Division of B — D Laboratories, Inc. v. … See, e. g., NLRB v. Florida Medical Center, Inc., supra, at 673. Accordingly, we defer to the Board’s judgment that O’Harrow’s and Woods’ conduct was not “indefensible.”