Case law

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  • D/S Ove Skou v. Hebert

    365 F.2d 341 · Court of Appeals for the Fifth Circuit · Aug 19, 1966

    BROWN, Circuit Judge: This is another of the growing number of multi-party Donnybrook Fairs in which like Kilkenny cats, American Fidelity & Casualty Co. v. Pennsylvania Threshermen’s Casualty Ins. … Smith & Son, Inc. v.

    Cited 99 timesPublished
  • William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

    587 F.2d 651 · Court of Appeals for the Fifth Circuit · Dec 20, 1978

    Johnson v. Wells, 566 F.2d 1016, 1018 (5th Cir. 1978); Craft v. Texas Board of Pardons and Paroles, 550 F.2d 1054 (5th Cir. 1977). … The most thorough statement of this position is in Brown v.

    Cited 37 timesPublished
  • Spuler v. Pickar

    958 F.2d 103 · Court of Appeals for the Fifth Circuit · May 15, 1992

    See, e.g., Union v. Brown, 694 S.W.2d 630 (Tex.App.--Texarkana 1985, writ ref'd n.r.e.); Johnson v. Ford Motor Co., 690 S.W.2d 90 (Tex.App.--Eastland, writ ref'd n.r.e.). … Edinger v. Board of Regents of Morehead State Univ., 906 F.2d 1136, 1140 (6th Cir.1990), accord Lovelace v. Southeastern Mass. Univ., 793 F.2d 419, 423 (1st Cir.1986); Eichman v. Indiana State Univ.

    Cited 25 timesPublished
  • McCray v. Sullivan

    509 F.2d 1332 · Court of Appeals for the Fifth Circuit · Mar 19, 1975

    See Holt v. Sarver, supra; Finney v. Arkansas Board of Corrections, 505 F.2d 194 (CA8, 1974). … Defendants in McCray are the Commissioner of the Alabama State Board of Corrections, the Warden of the Holman Unit of the Alabama State Penitentiary, and the Alabama State Board of Corrections.

    Cited 93 timesPublished
  • Wilson v. Mayor of St. Francisville

    135 F.3d 996 · Court of Appeals for the Fifth Circuit · Feb 25, 1998

    Texas State Teachers Ass’n v. Garland Indep. Sch. Dist., 489 U.S. 782, 792 (1989). … Walker v. HUD, 99 F.3d 761, 767 (5th Cir. 1996).

    Cited 3 timesPublished
  • American Seating Company of Mississippi, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

    424 F.2d 106 · Court of Appeals for the Fifth Circuit · Apr 10, 1970

    San Antonio Machine & Supply Corporation v. N. L. R. B., 5 Cir., 1966, 363 F.2d 633 ; National Labor Relations Board v. Shannon, 9 Cir., 1953, 208 F.2d 545, 548 ; National Labor Relations Bd. v. International Furn. … The Company's petition to set aside the decision of the Board is denied and the Board’s order is hereby enforced.

    Cited 11 timesPublished
  • In Re Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee-Appellant v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt. Edward W. Szczepanski, Jr. v. Ford Motor Credit Company

    558 F.2d 732 · Court of Appeals for the Fifth Circuit · Aug 19, 1977

    Lee County Board of Public Instruction, 5 Cir. 1971, 448 F.2d 451 , on certification, Fla., 1972, 260 So.2d 206 , on receipt of answers to certification, 5 Cir. 1972, 467 F.2d 447 ; Allen v. … Co., 5 Cir. 1976, 539 F.2d 1044 ; United States v. Buras, 5 Cir. 1972, 475 F.2d 1370 (Brown, Chief Judge, dissenting from denial of rehearing en banc); W. S. Ranch Co. v.

    Cited 29 timesPublished
  • United States Department of Labor v. Kast Metals Corporation

    744 F.2d 1145 · Court of Appeals for the Fifth Circuit · Oct 29, 1984

    See Pickus v. United States Board of Parole, 507 F.2d 1107, 1114 (D.C. Cir.1974). … Milliken & Co. v. FTC, 439 U.S. 958 , 99 S.Ct. 362 , 58 L.Ed.2d 351 (1978); Montship Lines, Ltd. v. Federal Maritime Board, 295 F.2d 147, 154 (D.C.Cir.1961)).

    Cited 42 timesPublished
  • Lillie Russell v. Dr. Robert Harrison, President of the Board of Trustees of Institutions of Higher Learning

    736 F.2d 283 · Court of Appeals for the Fifth Circuit · Jul 16, 1984

    Board of Regents of State Colleges v. Roth, supra, 408 U.S. at 569 (1972), 92 S.Ct. 2701, 2705 ; see also, Thompson v. Bass, 616 F.2d 1259, 1264 (5th Cir.), cert. denied sub nom., Thompson v. … Board of Regents of State Colleges v. Roth, supra, 408 U.S. at 577 , 92 5. Ct. at 2709; see Bueno v. Donna, 714 F.2d 484, 492 (5th Cir.1983).

    Cited 73 timesPublished
  • Home Town Foods, Inc. D/B/A Foremost Dairies of the South v. National Labor Relations Board

    379 F.2d 241 · Court of Appeals for the Fifth Circuit · Jun 26, 1967

    The Board affirmed. Hence the case reached us. Where a party seeks to overturn the result of an election, the burden is on him to show that the election was unfairly conducted. NLRB v. Mattison Mach. … Specifically, the objector must supply the Board with evidence which prima facie would warrant setting aside the election. United States Rubber Co. v. NLRB, 5 Cir., 1967, 373 *243 F.2d 602, 606; NLRB v. Douglas Co.

    Cited 32 timesPublished
  • Raymond D. Louviere v. Shell Oil Company

    509 F.2d 278 · Court of Appeals for the Fifth Circuit · Jul 3, 1975

    Marquette Casualty Co. v. Brown, 1958, 235 La. 245 , 103 So.2d 269 ; Board of Commissioners of Port of New Orleans v. City of New Orleans, 1953, 223 La. 199 , 65 So.2d 313 . 9 . … Board of Commissioners v. City of New Orleans, 1953, 223 La. 199 , 65 So.2d 313, 314-15 ; Marquette Casualty Co. v. Brown, 1958, 235 La. 245 , 103 So.2d 269 .

    Cited 45 timesPublished
  • Lena Mae Anthony v. Community Loan & Investment Corporation D/B/A Blazer Financial Services

    559 F.2d 1363 · Court of Appeals for the Fifth Circuit · Nov 14, 1977

    Ga.Code Ann. § 109A-9-102(l)(a); Brown v. Jenkins, 135 Ga.App. 694 , 218 S.E.2d 690 (1975). … Pollock v.

    Cited 45 timesPublished
  • Obbie Mallard and Daisy Mallard, His Wife v. Aluminum Company of Canada, Ltd., Obbie Mallard, Daisy Mallard, His Wife v. The M/v "Germundo", a Finnish Flag Vessel, Her Engine, Tackle and Appurtenances, Etc. In Rem Rederiaktiebolaget Gustaf Erikson and Consolidated-Bathurst Limited, in Personam, Defendants- Obbie Mallard and Daisy Mallard, His Wife v. The M/v "Germundo," Etc.

    634 F.2d 236 · Court of Appeals for the Fifth Circuit · Jan 15, 1981

    It was hidden from view by the plywood boards. … Charente Steamship Co., Ltd., 572 F.2d 498 (5th Cir. 1978); Brown v. Mitsubishi Shintaku Ginko, 550 F.2d 331 (5th Cir. 1977); Lemon v.

    Cited 42 timesPublished
  • Earl Berry v. Jimmy McLemore

    670 F.2d 30 · Court of Appeals for the Fifth Circuit · Mar 8, 1982

    Louis Railway v. Browning, 310 U.S. 362, 369 , 60 S.Ct. 968, 972 , 84 L.Ed. 1254 (1954). See also Landrigan v. City of Warwick, 628 F.2d 736, 746-47 (1st Cir. 1980); Turpin v. … The Town’s board of aldermen called a special meeting to conduct a job interview with McLemore, at which board members questioned him about his prior law enforcement training and experience.

    Overruled in part, on other grounds by International Woodworkers of America, Afl-Cio and Its Local No. 5-376 v. Champion International Corporation, 790 F.2d 1174 (1986)Cited 68 timesPublished
  • Gypsum Transportation Ltd. v. Board of Commissioners of Port of New Orleans

    448 F.2d 36 · Court of Appeals for the Fifth Circuit · May 27, 1971

    See NLRB v. Amalgamated Clothing Workers of America, 5 Cir. 1970, 430 F.2d 966 .

    Cited 0 timesPublished
  • Reef Industries, Inc., Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

    952 F.2d 839 · Court of Appeals for the Fifth Circuit · Jan 21, 1992

    In its motion for publication, the National Labor Relations Board (the Board) expresses its judgment that the recent decision of the United States Court of Appeals *840 for the Fourth Circuit in New River Industries v. … We disagree with both the Board and Reef.

    Cited 0 timesPublished
  • Mineral Industries & Heavy Construction Group v. Occupational Safety And Health Review Commission

    639 F.2d 1289 · Court of Appeals for the Fifth Circuit · Mar 19, 1981

    United States v. Stephen Brothers Line, supra, 384 F.2d at 124 -125 (quoting Hall v. National Supply Co., 270 F.2d 379, 383 (5th Cir. 1959)); see Wansor v. … V.

    Cited 6 timesPublished
  • Lane v. Halliburton

    529 F.3d 548 · Court of Appeals for the Fifth Circuit · May 28, 2008

    See Smith v. Halliburton, No. 4:06-cv-00462, 2006 WL 2521326 (S.D. Tex. Aug. 30, 2006) (unpublished); Whitaker v. Kellogg Brown & Root, 444 F. Supp. 2d 1277 (M.D. … See McMahon, 502 F.3d at 1357-65; Carmichael v. Kellogg, Brown & Root Servs., 450 F.

    Cited 485 timesPublished
  • United States v. Madison County Board of Education, United States of America v. Gulfport Municipal Separate School District, United States of America v. Biloxi Municipal Separate School District

    326 F.2d 237 · Court of Appeals for the Fifth Circuit · Apr 10, 1964

    The opinions of the district courts are reported as United States v. Madison County Board of Education, N.D.Ala.1963, 219 F.Supp. 60 ; United States v. Biloxi Municipal School District and United States v. … Its argument is that, as the State law has necessarily changed to conform to the United States Constitution as construed in Brown v.

    Cited 1 timesPublished
  • Adler v. United States

    182 F. 464 · Court of Appeals for the Fifth Circuit · Oct 3, 1910

    Coffin v. United States, 162 U. S. 677 , 16 Sup. Ct. 943, 40 L. Ed. 1109 . The court should have granted the defendant’s request to direct his acquittal on the seventh count. -1. Counts 9 to 79, inclusive. … each overdraft charges that the defendant’s action in causing it to be paid was with intent to injure and defraud the banking association; that he acted without the knowledge and consent of the banking association, its board

    Cited 54 timesPublished

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