Case law

Willard Barrett Wilson v. James A. Lynaugh, Director, Texas Department of Corrections

878 F.2d 846 · Court of Appeals for the Fifth Circuit · Aug 2, 1989

Indeed there have been exceptions to this general rule — most notably in the area of civil rights after the overruling of the “separate but equal” doctrine in Brown v. *851 Board of Education. 12 E.g., Christian v. … Parnell v. Rapides Parish School Board, 563 F.2d 180, 185 (5th Cir.1977). 14 . Society certainly includes the government.

At&t, Inc. v. United States

629 F.3d 505 · Court of Appeals for the Fifth Circuit · Jan 4, 2011

Board and the Commission may establish.” … Id. 11  Case: 09-50651 Document: 00511339601 Page: 12 Date Filed: 01/04/2011 No. 09-50651 In Brown Shoe Co. v.

Laird v. Board of Trustees of the Institutions of Higher Learning of Mississippi

721 F.2d 529 · Court of Appeals for the Fifth Circuit · Dec 22, 1983

Defendant, the Board of Trustees of the Institution of Higher Learning of the State of Mississippi 1 (the “Board”) controls eight state universities, 2 including Mississippi State University (“MSU”). … Pappanastos v. Board of Trustees of the University of Alabama, 615 F.2d 219, 221 (5th Cir.1980), states that the court’s task is to inquire whether “any state of facts may be conceived to justify” the challenged policy.

Dennett v. The Main

51 F. 954 · Court of Appeals for the Fifth Circuit · Jun 20, 1892

In Insurance Co. v. … In Leathers v. Blessing, 105 U.

New Orleans Public Belt R. Commission for City of New Orleans v. Ward

195 F.2d 829 · Court of Appeals for the Fifth Circuit · Apr 10, 1952

Co. v. Powe, 283 U.S. 401, 403 , 51 S.Ct. 498 , 75 L.Ed. 1142 ; Ohio ex rel. Seney v. Swift & Co., 260 U.S. 146, 151 , 43 S.Ct. 22 , 67 L.Ed. 176 ; Hamilton-Brown Shoe Co. v. … Co. v. Pedrick, 2 Cir., 184 F.2d 64 , 65-66; Despatch Shops v. Railroad Retirement Board, 2 Cir., 154 F.2d 417, 418 ; Shields v. Utah Idaho Cent. R. Co., 305 U.S. 177 , 59 S.Ct 160 , 83 L.Ed. 111 ; U. S. v.

Rea Express, Inc. v. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees

459 F.2d 226 · Court of Appeals for the Fifth Circuit · May 1, 1972

Board of Trustees, 351 F.2d 183 , 188 (5th Cir. 1965), Chief Judge Brown aptly stated the test for determining whether a particular dispute is major or minor: At the outset several things may be briefly emphasized. … Firemen and Ehginemen v.

White Construction & Engineering Company, Inc. v. National Labor Relations Board

260 F.2d 507 · Court of Appeals for the Fifth Circuit · Oct 31, 1958

prejudice from any of the alleged procedural defects leading up to the order of the district court or from the failure of the order expressly to include the “in lieu of” provision referred to by us in Winn & Lovett Grocery Co. v.

United States v. Louisiana

9 F.3d 1159 · Court of Appeals for the Fifth Circuit · Dec 10, 1993

United States v. Louisiana, 751 F.Supp. 606 , 608 (E.D.La.1990). When Ayers was reversed, United States v. … United States v. Louisiana, 692 F.Supp. 642, 649-50 (E.D.La.1988); see also United States v.

United States v. Joseph R. Delucca, Julio Enrique Perez, Jr. And Manuel Pozo, Defendants

630 F.2d 294 · Court of Appeals for the Fifth Circuit · Dec 24, 1980

The co-defendants were Joseph DeLucca, Julio Perez, Manuel Pozo, Emilio DeLa Rosa and Kenneth Brown. … He learned from Kenneth Brown, a friend of his, that a lawyer in Miami by the name of Joseph DeLucca might be able to help him. DeLucca was Brown’s brother-in-law and had several clients in and around the Miami area.

W. Horace Williams, Sr., and Viola Bloch Williams v. United States

245 F.2d 559 · Court of Appeals for the Fifth Circuit · Jun 18, 1957

BROWN, Circuit Judge. On a trial without a jury, the District Court held that Taxpayer, president, director and substantial stockholder (approximately 40%) of W. … What the Court held was that in a suit for refund, the burden is on the Taxpayer to show the tax wrongfully collected, Reinecke v. Spalding, 280 U.S. 227 , 50 S.Ct. 96 , 74 L.Ed. 385 ; Helvering v.

United States v. Ross R. Barnett and Paul B. Johnson, Jr

330 F.2d 369 · Court of Appeals for the Fifth Circuit · Apr 9, 1963

Brown v. United States, 1959, 359 U.S. 41, 51 , 79 S.Ct. 539, 547 , 3 L.Ed.2d 609 . See also, Offutt v. United States, 1954, 348 U.S. 11, 13, 14 , 75 S.Ct. 11 , 99 L.Ed. 11 ; Sacher v. … Bush, et al. v. Orleans Parish School Board, et al., 190 F.Supp. 861 (E.D.La.1960), aff’d sub nom.; Bush, et al. v.

William Brown, Jr. v. Harris County, Texas

409 F. App'x 728 · Court of Appeals for the Fifth Circuit · Dec 15, 2010

BROWN, Plaintiff – Appellant v. … James, 577 F.3d at 617–18 (quoting Rhyne v.

Carbo v. Board of Tax Assessors

Court of Appeals for the Fifth Circuit · Mar 5, 2026

FDIC v. Firemen’s Ins. … See, e.g., Russell v.

Schaffer v. Louisiana State Board of Dentistry (In Re Schaffer)

515 F.3d 424 · Court of Appeals for the Fifth Circuit · Jan 24, 2008

Welfare v. Davenport, 495 U.S. 552, 565 (1993) (Blackmun, J., dissenting) (“When analyzing a bankruptcy statute, the Court, of course, looks to its plain language.”); Kelly v. … Although other circuits, such as the Seventh Circuit in Zarzynski and the Fourth Circuit in United States Department of Housing & Urban Development v.

Alliance Federal Savings and Loan Association v. Federal Home Loan Bank Board, John J. Daly

782 F.2d 490 · Court of Appeals for the Fifth Circuit · Feb 12, 1986

Sav. & Loan Ass’n v. Fed. … Home Loan Bank Bd., 605 F.Supp. 502, 508 (C.D.Cal.1984) (reviewing the Bank Board’s appointment of a conservator under the arbitrary arid capricious standard); Tel. Sav. & Loan Ass'n v.

West Texas Utilities Company, Inc. v. National Labor Relations Board

201 F.2d 668 · Court of Appeals for the Fifth Circuit · Jan 29, 1953

The motion of the Board is denied for the reasons given in the memorandum denying the.motion of the Board in No. 13735, 5 Cir., 201 F.2d 667 , that the Board has authority to proceed without an order. … The motion of the respondent is denied for the same reasons, without prejudice to its right to renew its motion if the Board fails to proceed as proposed. Motions denied.

Hernandez Caruso v. Texas Medical Board

Court of Appeals for the Fifth Circuit · Sep 4, 2025

Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). But, “[e]ven so, mere conclusory allegations on a critical issue are insufficient.” Brown v. … Dist. v.

Marvin Irving Tamarkin v. Selective Service System, Local Draft Board, No. 47, Miami, Florida

243 F.2d 108 · Court of Appeals for the Fifth Circuit · Mar 29, 1957

Appellant claimed exemption as a conscientious objector, the claim was denied, he sought a review by the Appeal Board and by it he was again given a 1-A classification. … There is no right to a direct judicial review of orders of the draft boards. Witmer v. United States, 348 U.S. 375 , 75 S.Ct. 392 , 99 L.Ed. 428 ; Watkins v. Rupert, 2 Cir., 1955, 224 F.2d 47 . The order is Affirmed.

Leonard D. Boswell v. Terrace Navigation Corporation

384 F.2d 186 · Court of Appeals for the Fifth Circuit · Oct 20, 1967

These trimming hatches, 24" x 24" holes in the deck, were cut during the day by longshoremen other than Boswell and were covered by heavy “hatch boards.” … M/V Malay Maru, 5 Cir. 1967, 370 F.2d 906, 907-908 , Judge Brown said: The only real difficulty we have in the case is the sparseness or inadequacy of the Trial Court’s findings of fact long required in Admiralty, Rule 46%

Warren G. COUSIN, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF HOUSTON MUNICIPAL SEPARATE SCHOOL DISTRICT Et Al., Defendants-Appellees

648 F.2d 293 · Court of Appeals for the Fifth Circuit · Jun 16, 1981

Hereford v. Huntsville Board of Education, 574 F.2d 268 (5th Cir. 1978); Hardy v. Por *297 ter, 546 F.2d 1165 (5th Cir. 1977); Ayers v. Western Lines Consolidated School District, 555 F.2d 1309 (5th Cir. 1977); Lee v. … Texas, 509 F.2d 192, 193 (5th Cir. 1975); Thompson v. Madison County Board of Education, 496 F.2d 682 (5th Cir. 1974); Adams v. Rankin County Board of Education, 485 F.2d 324 , 327 n.2 (5th Cir. 1973).