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  • National Labor Relations Board v. Pilot Freight Carriers, Inc., and Bbr of Florida, Inc.

    604 F.2d 375 · Court of Appeals for the Fifth Circuit · Oct 11, 1979

    Where backpay is in dispute, the sole burden on the Board is to show the gross backpay due the claimant. J. H. Rutter-Rex Mfg. Co. v. N. L. R. B., 473 F.2d 223 (5th Cir. 1973); Marine Welding & Repair Works v. N. L. R. … B. v. Arduini Mfg. Corp., 394 F.2d 420, 423 (1st Cir. 1968); N. L. R. B. v. Miami Coca-Cola Bottling Co., supra. The record supports the Board’s conclusion that the Company did not carry its burden.

    Cited 22 timesPublished
  • Cassius Marsellus Clay, Jr. v. United States

    397 F.2d 901 · Court of Appeals for the Fifth Circuit · Jun 6, 1968

    The action of the board of appeals completely supersedes the action of the local board in classifying appellant although the classification is the same. Cramer v. France, 9 Cir., 1945, 148 F.2d 801 ; United States v. … The truth of the white race and kind will make all black mankind hate them regardless of their color; black, brown, yellow, or red.

    Reversed by Clay v. United States, 403 U.S. 698 (1971)Cited 85 timesPublished
  • In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole Chesnut

    422 F.3d 298 · Court of Appeals for the Fifth Circuit · Aug 19, 2005

    In Sniadach v. … In Fuentes v.

    Cited 117 timesPublished
  • 30 Fair empl.prac.cas. 120, 29 Empl. Prac. Dec. P 32,770 Brown v. Delta Air Lines

    673 F.2d 1325 · Court of Appeals for the Fifth Circuit · Mar 26, 1982

    P 32,770 * Brown v. Delta Air Lines 81-2075 UNITED STATES COURT OF APPEALS Fifth Circuit 3/26/82 1 S.D.Tex. AFFIRMED * Fed.R.App.P. 34(a); 5th Cir. R. 18

    Cited 0 timesPublished
  • Otto H. Fischer v. Lt. Gen. Clark L. Ruffner

    277 F.2d 756 · Court of Appeals for the Fifth Circuit · May 30, 1960

    The language is based on the decision and opinion of the Supreme Court in Hiatt v. Brown, 339 U.S. 103 , 70 S.Ct. 495, 498 , 94 L.Ed. 691 . … The issue thus fell within the concept of the jurisdiction of the Board of Review to act.

    Cited 5 timesPublished
  • Helen OLAFSON, Plaintiff-Appellant, v. the DADE COUNTY SCHOOL BOARD, Et Al., Defendants-Appellees

    651 F.2d 393 · Court of Appeals for the Fifth Circuit · Jul 24, 1981

    The rules of the Dade County School Board (hereinafter referred to as “the Board”) require the committee to send the names of three candidates to the superintendent of schools, who then forwards a single name to the Board … Olafson had made out a prima facie case of discrimination, citing McDonnell-Douglas v.

    Cited 10 timesPublished
  • American Commercial Barge Lines Co. v. Seafarers International Union

    730 F.2d 327 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

    See Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir.1976); (Brown, C.J., concurring, suggesting the use of primary jurisdiction); Geisser v. … Federal Power Commission, 476 F.2d 121 (5th Cir.1973) (Brown, C.J., concurring); J.M. Huber Corp. v. Denman, 367 F.2d 104 (5th Cir.1966); Weymouth v. Colorado Interstate Gas Co., 367 F.2d 84 (5th Cir.1966); Carter v.

    Cited 7 timesPublished
  • Veritext Corporation v. Paul Bonin

    Court of Appeals for the Fifth Circuit · Aug 17, 2018

    Brown-Forman Distillers Corp. v. New York State Liquor Auth., 476 U.S. 573, 579 (1986). Here, as previously stated, Louisiana’s interest in the integrity of its court reporting system is legally sufficient. … See also Parker v.

    Cited 0 timesPublished
  • William E. Baker, Alias Jake Gray v. U. S. Board of Parole

    337 F.2d 622 · Court of Appeals for the Fifth Circuit · Nov 2, 1964

    BAKER, Alias Jake Gray, Appellant, v. U. S. BOARD OF PAROLE, Appellee. No. 21276. United States Court of Appeals Fifth Circuit. November 2, 1964.

    Cited 0 timesPublished
  • Amalgamated Clothing Workers of America, El Paso District Joint Board, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Farah Manufacturing Company, Inc.

    491 F.2d 595 · Court of Appeals for the Fifth Circuit · Mar 21, 1974

    P 14,396 AMALGAMATED CLOTHING WORKERS OF AMERICA, EL PASO DISTRICT JOINT BOARD, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … Ochsner Clinic v.

    Cited 1 timesPublished
  • Marathon Letourneau Company, Longview Division, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

    699 F.2d 248 · Court of Appeals for the Fifth Circuit · Feb 28, 1983

    E.g., N.L.R.B. v. Gulf States United Telephone Co., 694 F.2d 92 (5th Cir.1982). Further, the ALJ and Board may rely upon circumstantial evidence in drawing inferences about improper motive. See N.L.R.B. v. … While neither the ALJ nor the Board set out the factors we adopted for defining coercive interrogation, Bourne v.

    Cited 32 timesPublished
  • Haygood v. Morrison

    116 F.4th 439 · Court of Appeals for the Fifth Circuit · Sep 17, 2024

    Brown v. Pouncy, 93 F.4th 331, 332 (5th Cir. 2024), petition for cert. filed (U.S. June 18, 2024) (No. 23-1332). … Thompson v.

    Cited 7 timesPublished
  • Pigrenet v. Boland Marine

    636 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jan 26, 1981

    PIGRENET, Sr., Petitioner, v. BOLAND MARINE & MANUFACTURING COMPANY and The Director of the Office of Workers' Compensation Programs of the Department of Labor, Respondents. No. 79-1782. … Petition for Review of an Order of the Benefits Review Board (louisiana case). Pitard, Pitard & Porobil, Michael L. Lash, New Orleans, La., for petitioner. Stewart E.

    Cited 0 timesPublished
  • Raymond Muzquiz v. City of San Antonio

    528 F.2d 499 · Court of Appeals for the Fifth Circuit · Feb 27, 1976

    BROWN, Chief Judge (dissenting and concurring in part). With respect to the meaning of “person” under § 1983, I concur in Judge Tuttle’s opinion. … With respect to the remedy against individual members of the Board of Trustees in either their personal or official capacities, I concur in the result in Part II of Judge Dyer’s opinion for the Court.

    Vacated by Thurston v. Dekle, 438 U.S. 901 (1978)Cited 53 timesPublished
  • J. Henry Schroeder Banking Corp. v. W. Michael Blumenthal, Secretary of the Treasury of the United States, Defendants-Appellees-Cross-Appellants. Ben R. Hendrix Trading Co., Inc., Plaintiff-Appellant-Cross-Appellee v. J. Henry Schroeder Banking Corp.

    560 F.2d 1192 · Court of Appeals for the Fifth Circuit · Oct 11, 1977

    Co. v. United States, 5 Cir., 1976, 541 F.2d 1151 ; Barron v. Bellairs, 5 Cir., 1974, 496 F.2d 1187 ; National Lawyers Guild v. Board of Regents, 5 Cir., 1974, 490 F.2d 97 ; Merkey v. … Board of Regents, 5 Cir., 1974, 493 F.2d 790 ; United States Servicemen's Fund v. Killeen Independent School District, 5 Cir., 1974, 489 F.2d 693 ; Gooden v. Mississippi State University, 5 Cir., 1974, 499 F.2d 441 .

    Cited 2 timesPublished
  • Riley v. School Board Union Parish

    379 F. App'x 335 · Court of Appeals for the Fifth Circuit · May 20, 2010

    RILEY Plaintiff - Appellant v. SCHOOL BOARD UNION PARISH; JUDY MABRY, Superintendent; MR. … V.

    Cited 27 timesUnpublished
  • James Donald Brown v. Louie L. Wainwright, Director, Division of Adult Corrections, State of Florida

    464 F.2d 1034 · Court of Appeals for the Fifth Circuit · Jul 28, 1972

    PER CURIAM: James Donald Brown, an inmate of the Florida State Prison at Raiford, filed two separate civil rights complaints seeking injunctive relief and money damages for asserted deprivations of Federal constitutional … As for the remaining allegations we vacate the District Court’s orders summarily dismissing the complaints and remand for further proceedings consistent with our opinion in Williams v.

    Cited 1 timesPublished
  • Robert E. Quarles v. Oxford Municipal Separate School District

    487 F.2d 824 · Court of Appeals for the Fifth Circuit · Feb 6, 1974

    The answer to this problem lies in three cases: Swann v. Charlotte-Mecklenburg Board of Education, 1971, 402 U.S. 1 , 91 S.Ct. 1267 , 28 L.Ed.2d 554 ; United States v. … Greenwood Municipal Separate School District, 5 Cir., 1972, 460 F.2d 1205 ; and Brown v. Board of Education of City of Bessemer, Alabama, 5th Cir. 1972, 464 F.2d 382 .

    Cited 5 timesPublished
  • Mary Dell Tinsley Franceski v. Plaquemines Parish School Board, Raymond Shetley and Frederick Deiler

    772 F.2d 197 · Court of Appeals for the Fifth Circuit · Oct 4, 1985

    Franceski v. Plaquemines Parish School Board, 416 So.2d 150 (La.Ct.App.), writ denied, 421 So.2d 907 (La.1982). Franceski was reinstated with back pay. … The district court thus also rendered summary judgment for the School Board. II On appeal, Franceski contends the district court erroneously relied upon Parratt v.

    Cited 34 timesPublished
  • F. W. Woolworth Company, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

    530 F.2d 1245 · Court of Appeals for the Fifth Circuit · Jul 2, 1976

    This case is not controlled, as the employer claims, by Patio Foods v. N.L.R.B., 415 F.2d 1001 (CA5 1969). … In view of that finding the Order of the Board is ENFORCED.

    Cited 1 timesPublished

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