Case law

Justin Industries, Inc. v. Choctaw Securities, L.P.

920 F.2d 262 · Court of Appeals for the Fifth Circuit · Dec 18, 1990

V. … [¡Interlocutory orders of the district courts ... granting, ... refusing or dissolving injunctions.’’ 28 U.S.C. § 1292 (a)(1) (1988) (emphasis added); accord Browning v.

Earl Van Blaricom v. Donald Forscht, as United States Marshal

489 F.2d 1034 · Court of Appeals for the Fifth Circuit · Feb 20, 1974

See Bolling v. Sharpe, 1954, 347 U.S. 497 , 74 S.Ct. 693 , 98 L.Ed. 884 . The requirements of due process imposed on state boards by Morrissey (Morrissey v. … Federal Trade Commission v.

Elmer P. Davis, Regional Director, Sixteenth Region, National Labor Relations Board v. Braswell Motor Freight Lines, Inc.

363 F.2d 600 · Court of Appeals for the Fifth Circuit · Jul 21, 1966

See General Engineering, Inc. v. N. L. R. B., 9th Cir. 1965, 341 F.2d 367, 376 ; N. L.R. B. v. Jamestown Sterling Corp., 2d Cir. 1954, 211 F.2d 725, 726 ; Kaiser Aluminum & Chemical Corp. v. … Touhy v.

Karr v. Schmidt

460 F.2d 609 · Court of Appeals for the Fifth Circuit · Apr 28, 1972

BROWN, Chief Judge, and THORNBERRY and SIMPSON, Circuit Judges, join, dissenting: I would continue to apply in this case, as we have in the past, the standards of Stevenson v. … Board of Education of Wheeler County, 426 F.2d 1154 (5th Cir. 1970), and Ferrell v. Dallas Independent School District, 392 F.2d 697 (5th Cir.), cert. denied, 393 U.S. 856 , 89 S.Ct. 98 , 21 L.Ed.2d 125 (1968).

Barham v. MS Appraisal Board

Court of Appeals for the Fifth Circuit · Aug 11, 2000

, and its Board Members in their individual as well as official capacity; JAMES R. … state boards and the members and employees of those bodies.

Richmond Tank Car Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

721 F.2d 499 · Court of Appeals for the Fifth Circuit · Dec 19, 1983

Where the Board chooses not to defer, we will not deny enforcement unless the Board clearly departs from its own standards on deferral. See Hawaiian Hauling Service, Ltd. v. … See Hammermill Paper Co. v. NLRB, 658 F.2d 155 (3d Cir.1981); NLRB v. General Warehouse Corp., 643 F.2d 965 at 969 (3d Cir.1981). 8 .

Momin v. Gonzales

462 F.3d 497 · Court of Appeals for the Fifth Circuit · Aug 25, 2006

. __________________________________________________ Appeal from the Board of Immigration Appeals (No. … EDITH BROWN CLEMENT, Circuit Judge: In this petition for panel rehearing, the Petitioner, Amin Memanji Momin, contends that this court should reconsider its previous decision, Momin v.

Williamson v. Williamson

665 F.2d 683 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

See United States v. Brown, 333 U.S. 18, 26 , 68 S.Ct. 376, 380 , 92 L.Ed. 442 (1948); United States v. Babcock, 530 F.2d 1051, 1053 (D.C.Cir.1976). … Wisconsin Higher Educational Aids Board v. Lipke, 630 F.2d 1225 (7th Cir. 1980); In Re Hawes, et al. v. New Jersey Higher Education Assistance Agency, No.

Frank C. Uible v. Beverly W. Landstreet, III

392 F.2d 467 · Court of Appeals for the Fifth Circuit · Apr 5, 1968

No Florida court has held, or would hold we think, that such investment activities are within the scope of section 47.16, F.S.A., Cf., Unterman v. Brown, Fla.App.1964, 169 So.2d 522 . … James v. Kush, supra,; Toffel v. Baugher, Fla.App.1960, 125 So.2d 321 .

James Griffen v. Big Spring Independent School District

706 F.2d 645 · Court of Appeals for the Fifth Circuit · Jun 9, 1983

Patsy specifically mentioned the continuing vitality of Board of Regents v. … Then we could view the Board decision merely as a decision based on a written record without live testimony. In Nasem v. Brown, 595 F.2d 801 , (D.C.

Richard F. Kiepfer, M.D. v. Barry M. Beller, Etc., American Physicians Insurance Exchange

944 F.2d 1213 · Court of Appeals for the Fifth Circuit · Oct 21, 1991

—Dallas 1980), directors of a corporation “must sit as a board in order to constitute valid corporate action”; the board “may exercise its powers only as a body at a meeting duly assembled and conducted.” Curtis v. … E.g., Brown Shoe Co. v. United States, 370 U.S. 294, 315-16 , 82 S.Ct. 1502, 1518-19 , 8 L.Ed.2d 510 (1962).

National Labor Relations Board v. Concrete Haulers, Inc., and Wamix, Inc.

215 F.2d 959 · Court of Appeals for the Fifth Circuit · Oct 16, 1954

215 F.2d 959 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CONCRETE HAULERS, Inc., and Wamix, Inc., Respondents. No. 14824. United States Court of Appeals, Fifth Circuit. October 16, 1954. … Petition for the Enforcement of an Order of the National Labor Relations Board sitting at Washington, D. C. On Motion of Respondents to Modify Injunctive Decree. A. Norman Somers, Asst. Gen., Counsel, N. L. R.

Texas Gulf Sulphur Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

463 F.2d 778 · Court of Appeals for the Fifth Circuit · Jul 17, 1972

The Board sought to eliminate any coercive impact at the other plants resulting from the unfair labor practice. The order is well within the Board’s broad remedial authority. See National Labor Relations Board v. … Stevens 6 Co., Inc. v. N. L. R. B., 5 Cir., 1969, 417 F.2d 533 . Accordingly, the Board’s order is enforced.

Robert E. Alford v. Pool Offshore Company

661 F.2d 43 · Court of Appeals for the Fifth Circuit · Nov 9, 1981

BROWN, Circuit Judge: Facts Here we have yet another entry in the ongoing series of oil rig accidents. … Although Moczygemba v.

Sumter County Democratic Executive Committee v. W. E. Dearman, Etc.

514 F.2d 1168 · Court of Appeals for the Fifth Circuit · Jun 23, 1975

Allen v. Board of Elections, 1969, 393 U.S. 544, 565 , 89 S.Ct. 817, 831 , 22 L.Ed.2d 1, 17 ; Perkins v. Mathews, 1971, 400 U.S. 379, 382 , 91 S.Ct. 431, 434 , 27 L.Ed.2d 476 , 481 n.3; United States v. … MTM, Inc. v. Baxley, 1975, - U.S. -, 95 S.Ct. 1278 , 43 L.Ed.2d 636 ; Gonzalez v.

Florida East Coast Railway Company, a Corporation v. Brotherhood of Railroad Trainmen, Afl-Cio

336 F.2d 172 · Court of Appeals for the Fifth Circuit · Aug 18, 1964

BROWN, Circuit Judge. … United States v. Florida East Coast Ry., D.D.C., 1963, 221 F.Supp. 325 . 14 Emergency Board No. 154 reported on May 13, 1963, and the 30-day waiting period subsequently expired.

United States ex rel. Fisher v. Board of Liquidation of City Debt

75 F. 543 · Court of Appeals for the Fifth Circuit · Jun 9, 1896

The other half of said surplus shall be paid over to the school board of the city of New Orleans, to be used in the maintenance and support of ..the public schools in said city. … Pisher v. Board, 48 La. Ann. 1077 , 20 South. 163 .

Marriott In-Flite Services Division of Marriott Corporation, Petitioner-Respondent v. National Labor Relations Board, Respondent-Petitioner. National Labor Relations Board, Respondent-Petitioner v. Marriott In-Flite Services Division of Marriott Corporation, Petitioner-Respondent

417 F.2d 563 · Court of Appeals for the Fifth Circuit · Oct 7, 1969

417 F.2d 563 MARRIOTT IN-FLITE SERVICES DIVISION OF MARRIOTT CORPORATION, Petitioner-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Petitioner. NATIONAL LABOR RELATIONS BOARD, Respondent-Petitioner, v. … In the Board's opinion I find neither. [Northeast Airlines v. C.A.B., 1 Cir. 1964, 331 F.2d 579, 589 ]." 380 F.2d at 190 . 14 Similarly, Judge Brown, concurring in Mary Carter Paint Co. v.

National Labor Relations Board v. The Columbus Printing Pressmen & Assistants' Union No. 252, Subordinate to Ip& Gcu

543 F.2d 1161 · Court of Appeals for the Fifth Circuit · Dec 13, 1976

Thus, the Board can at any time exercise its jurisdiction over unfair labor practices, regardless of arbitration proceedings. Carey v. … Aikens v.

Rex Bryant Bowers v. U. S. Board of Parole, and Marvin Hogan, Warden, United States Penitentiary

544 F.2d 898 · Court of Appeals for the Fifth Circuit · Jan 3, 1977

PER CURIAM: Petitioner brought this action seeking a new hearing before the Board of Parole in which certain prior convictions, allegedly void under Gideon v. … Since the only relief sought by the petitioner was a change in Parole Board procedures precluding consideration of void-under- Gideon convictions, the change in his status renders Weinstein v.