Case law
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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.
Cited 0 timesPublishedCarbo 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.
Cited 0 timesUnpublished545 F.2d 439 · Court of Appeals for the Fifth Circuit · Jan 13, 1977
Co. v. … Brown, Jr., the engineer.
Cited 5 timesPublishedSchaffer 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.
Cited 0 timesPublishedHernandez 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.
Cited 0 timesUnpublishedAlliance 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.
Modified on other grounds by Alliance Federal Savings and Loan Association v. Federal Home Loan Bank Board, 790 F.2d 34 (1986)Cited 11 timesPublished601 F.2d 734 · Court of Appeals for the Fifth Circuit · Aug 27, 1979
See Brown v. Helvering, 291 U.S. 193 , 54 S.Ct. 356 , 78 L.Ed. 725 (1934); Dixie Pine Products Co. v. Commissioner, 320 U.S. 516 , 64 S.Ct. 364 , 88 L.Ed. 270 (1944); Trinity Construction Co. v. … Security Flour Mills Co. v. Commissioner, 321 U.S. 281 , 64 S.Ct. 596 , 88 L.Ed. 725 (1944); Brown v. Helvering, supra.
Cited 83 timesPublishedLeonard 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%
Cited 6 timesPublishedNieto v. San Perlita Independent School District
894 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 16, 1990
See Elliott at 1482 ; Brown v. … See, e.g., Rankin; Johnston v. Harris County Flood Control Dist., 869 F.2d 1565 (5th Cir.1989); Brown v.
Cited 1 timesPublishedOil, Chemical and Atomic Workers International Union, Afl-Cio v. National Labor Relations Board
538 F.2d 1199 · Court of Appeals for the Fifth Circuit · Sep 20, 1976
In reviewing this part of the Board’s order, we are required to accord substantial weight to the Board’s expertise in its fact-finding capacity. See Universal Camera Corp. v. … N.L.R.B., 1951, 340 U.S. 474, 488 , 71 S.Ct. 456, 464 , 95 L.Ed. 456, 467-68 ; N.L.R.B. v. Herman Sausage Co., 5 Cir., 1960, 275 F.2d 229, 231 .
Cited 5 timesPublishedMarvin 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.
Cited 5 timesPublishedEquitable Surety Co. v. Board of Com'rs of Muddy Bottom Swamp Land Dist. No. 1
231 F. 33 · Court of Appeals for the Fifth Circuit · Mar 20, 1916
Mentioning just a few of these authorities, as to the former, see Shel *42 ton v. American Surety Co. (C. C.) 127 Fed. 736 , affirmed 131 Fed. 210 , 66 C. C. A. 94 ; Fidelity & Deposit Co. v. Agnew, 152 Fed. 955 , 82 C. … A. 103 ; Prairie States Bank v. United States, 164 U. S. 227 , 17 Sup. Ct. 142, 41 L. Ed. 412 . And, as to the latter, Brandt on Suretyship, § 447 ; 5 Cyc. p. 744.
Cited 6 timesPublishedWarren G. Cousin v. Board of Trustees of Houston Municipal Separate School District
661 F.2d 377 · Court of Appeals for the Fifth Circuit · Nov 13, 1981
Court for full factual hearing and determination of whether (i) Singleton III is involved (ii) Singleton III was violated (iii) Cousin was collaterally estopped to assert Singleton III violation (iv) Cousin was qualified (v) … See Peques v. Morehouse Parish School Bd., 632 F.2d 1279 , 1282 n.3 (5th Cir. 1980) and (vi) all other related issues.
Cited 1 timesPublished798 F.3d 290 · Court of Appeals for the Fifth Circuit · Aug 17, 2015
.”); Brown v. Roe, 279 F.3d 742, 745 (9th Cir. 2002); Johnson v. Gonzalez, 520 F. App’x 573, 574 (9th Cir. 2013) (unpublished). … See, e.g., Dillon v. Rogers, 596 F.3d 260, 268 (5th Cir. 2010); Abney v. McGinnis, 380 F.3d 663, 667 (2d Cir. 2004); Brown v. Croak, 312 F.3d 109, 111 (3d Cir. 2002); Miller v. Norris, 247 F.3d 736, 740 (8th Cir. 2001).
Cited 129 timesPublished713 F.2d 90 · Court of Appeals for the Fifth Circuit · Aug 11, 1983
Board of Education (Brown I), 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954). … The first challenge to the constitutionality of the Dallas school system was filed shortly after the Supreme Court's second decision in Brown v. Board of Educ.
Cited 2 timesPublished479 F.2d 139 · Court of Appeals for the Fifth Circuit · May 21, 1973
charge. 8 Boire v. … Although the Board’s election procedures may occasionally be overturned by a court reviewing an unfair labor practice proceeding, until that time the Board action is unassailable. Of. Coca Cola v.
Cited 11 timesPublishedNational Labor Relations Board v. Foodway of El Paso, a Division of Kimbell Foods, Inc.
496 F.2d 117 · Court of Appeals for the Fifth Circuit · Jun 19, 1974
in an arbitrary or capricious manner.’ ” N.L.R.B. v. … NLRB v. Auto Ventshade, Inc., 5 Cir. 1960, 276 F.2d 303, 304 ; NLRB v. Valleydale Packers, Inc., 5 Cir. 1968, 402 F.2d 768 .
Cited 23 timesPublishedKnights of the Ku Klux Klan, Realm of Louisiana v. East Baton Rouge Parish School Board
578 F.2d 1122 · Court of Appeals for the Fifth Circuit · Aug 25, 1978
Although a silent vigil may not unduly interfere with a public library, Brown v. Louisiana, 383 U.S. 131 , 86 S.Ct. 719 , 15 L.Ed.2d 637 (1966), making a speech in the reading room almost certainly would. … If there are any circumstances which permit an exception, they do not now occur to us. 24 West Virginia State Board of Education v.
Cited 11 timesPublishedSolis v. Rio Grande City Independent School
734 F.2d 243 · Court of Appeals for the Fifth Circuit · Jun 18, 1984
Before BROWN, THORNBERRY and TATE, Circuit Judges. JOHN R. … Healthy City School District Board of Education v.
Cited 1 timesPublished
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