Case law

Kitty Hawk Aircargo, Inc. v. Chao

418 F.3d 453 · Court of Appeals for the Fifth Circuit · Jul 20, 2005

On January 5, 2004, the National Mediation Board (NMB) approved the transfer of KPA’s certification to ALPA. … Bomer, 274 F.3d 212, 217 (5th Cir. 2001)(quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). 13 Lujan, 504 U.S. at 560. 14 Bauer v.

United States v. Franklin Parish School Board

47 F.3d 755 · Court of Appeals for the Fifth Circuit · Mar 20, 1995

In Hines v. … South Bend Community School Corp., 692 F.2d 623, 627 (7th Cir.1982); United States v. Board of Sch.

Fernando Rodriguez, Jr. v. The Honorable Archie S. Brown

429 F.2d 269 · Court of Appeals for the Fifth Circuit · Jul 2, 1970

Brown, The Honorable A. A. Semaan, as District Judges of the 144th and 175th State Judicial Districts, respectively; J. T. Palmer, Burton W. Armstrong, Mrs. Ann Gossett, Russell Chiodo and Joe M. … Hernandez v. Texas, 347 U.S. 475 , 74 S.Ct. 667 , 98 L.Ed. 866 (1954); Cassell v. Texas, 339 U.S. 282 , 70 S.Ct. 629 , 94 L.Ed. 839 (1950); Akins v. Texas, 325 U.S. 398 , 65 S.Ct. 1276 , 89 L.Ed. 1692 (1945); Hill v.

Elvert Chisley v. Richland Parish School Board

448 F.2d 1251 · Court of Appeals for the Fifth Circuit · Sep 27, 1971

Houghton v. Shafer, 1968, 392 U.S. 639 , 88 S.Ct. 2119 , 20 L.Ed.2d 1319 ; Damico v. … California, 1967, 389 U.S. 416 , 88 S.Ct. 526 , 19 L.Ed.2d 647 ; McNeese v. *1253 Board of Educ., 1963, 373 U.S. 668 , 83 S.Ct. 1433 , 10 L.Ed.2d 622 ; Monroe v.

League of United Latin American Citizens 4552 v. Roscoe Independent School District

123 F.3d 843 · Court of Appeals for the Fifth Circuit · Sep 22, 1997

The Board of Trustees is responsible for the management and governance of RISD. Tex. Educ.Code Ann. § 11.051 (West 1996). The Board is comprised of seven members. … The statistics LULAC gathered were from an exit poll of the City of Roscoe election and thus are entitled to less weight than if they had derived from a Board of Trustees election in RISD. Magnolia Bar Ass’n v.

Lee v. Washington County Board of Education

625 F.2d 1235 · Court of Appeals for the Fifth Circuit · Sep 18, 1980

See Megill v. Board of Regents, 541 F.2d 1073, 1077 (5th Cir. 1976); Blunt v. Marion County School Board, 515 F.2d 951, 956 (5th Cir. 1975). See generally Callahan v. … See Davis v. Board of School Com-, missioners, 600 F.2d 470, 473 (5th Cir. 1979); Hereford v. Huntsville Board of Education, 574 F.2d 268, 270 (5th Cir. 1978); Barnes v.

National Labor Relations Board v. Highview, Incorporated

590 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 26, 1979

The Board’s decision to assert jurisdiction is a matter within its discretion. NLRB v. WGOK, Inc., 384 F.2d 500, 502 (5 Cir. 1967). … The Board must have a rational basis for discrediting this physical evidence and the Board has none. Delchamps, Inc. v. NLRB, 588 F.2d 476 (5 Cir. 1979). A.

Syncro Corporation v. National Labor Relations Board

597 F.2d 922 · Court of Appeals for the Fifth Circuit · Jun 25, 1979

Mueller Brass Co. v. N. L. R. B., supra, and the burden is on the Board to prove that anti-union animus was the motivating cause for the discharge. N. L. R. B. v. … B. v. Florida Medical Center, Inc., 576 F.2d 666 (5th Cir. 1978). The Board is not bound by credibility determinations made by the ALJ, N. L. R. B. v.

National Labor Relations Board v. Wtvj, Inc.

268 F.2d 346 · Court of Appeals for the Fifth Circuit · Jun 29, 1959

B. v. Whitin Machine Works, 1 Cir., 1953, 204 F.2d 883 , *348 885; N. L. R. B. v. C. & J. Camp, Inc., 5 Cir., 1954, 216 F.2d 113,115 ; N. L. R. B. v. J. H. Rutter-Rex Mfg. Co., 5 Cir., 1956, 229 F.2d 816, 819, 820 . … The quoted rule of the Board does not, in our opinion, cover such a situation. The Board was free to use its own reasoning and was not bound by that of the Examiner. Compare N. L. R. B. v.

Moore v. Louisiana Board of Elementary & Secondary Education

743 F.3d 959 · Court of Appeals for the Fifth Circuit · Feb 24, 2014

Affiliated Prof'l Home Health Care Agency v. Shalala, 164 F.3d 282 , 284-85 (5th Cir.1999). The question of whether state defendants are entitled to sovereign immunity is likewise reviewed de novo. Hale v. … AT & T Commc’ns of Sw., Inc. v. City of Austin, 235 F.3d 241, 244 (5th Cir.2000).

Hurie Jones v. Orleans Parish School Board

679 F.2d 32 · Court of Appeals for the Fifth Circuit · Jun 21, 1982

In Pegues v. … Daly v. Sprague, 675 F.2d 716 at 722 (5th Cir. 1982). V.

Skyline Corporation v. National Labor Relations Board

613 F.2d 1328 · Court of Appeals for the Fifth Circuit · Mar 19, 1980

In Delta Drilling Co. v. … The court held the employer was denied due process by the Board’s ex parte investigation. In NLRB v.

Montgomery County Board of Education v. Carr

400 F.2d 1 · Court of Appeals for the Fifth Circuit · Aug 1, 1968

Brown v. Board of Education of Topeka, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), and Brown v. Board of Education of Topeka, 349 U.S. 294 , 75 S.Ct. 753 , 99 L.Ed. 1083 (1955). . See United States v. … Board of Education of Bessemer, supra; United States v. Jefferson County Board of Education, supra. . See United States v. Board of Education of Bessemer, supra. . As we pointed out in United States v..

Jack H. Brown & Co. v. Toys "R" US, Inc.

906 F.2d 169 · Court of Appeals for the Fifth Circuit · Jul 20, 1990

Winters, Inc. v. … First Victoria Nat’l Bank v. Briones, 788 S.W.2d 632, (Tex.Ct.App.1990); Patterson v. Patterson, 679 S.W.2d 621, 625 (Tex.Civ.App.1984); Warren Bros. Co. v. A.A.A. Pipe Cleaning Co., supra, 601 S.W.2d at 438-39 .

Murphy Oil USA, Inc. v. National Labor Relations Board

808 F.3d 1013 · Court of Appeals for the Fifth Circuit · Oct 26, 2015

Ct. 355 (2014); Owen v. Bristol Care, Inc., 702 F.3d 1050, 1053–55 (8th Cir. 2013); Sutherland v. … The Board rooted its analysis in part in Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983).

Charles v. Ascension Parish School Board

421 F.2d 656 · Court of Appeals for the Fifth Circuit · Dec 11, 1969

Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19 , 90 S.Ct. 29 , 24 L.Ed.2d 19 ; United States v. Hinds County School Board, 5 Cir. 1969, 417 F.2d 852 , and Singleton v. … Under the stringent requirements of Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19 , 90 S.Ct. 29 , 24 L.Ed.2d 19 , which this Court has carried out in United States v.

Kilgore Nat. Bank v. Federal Petroleum Board

209 F.2d 557 · Court of Appeals for the Fifth Circuit · Jan 15, 1954

Genecov v. Federal Petroleum Board, 5 Cir., 146 F.2d 596 . See also Oklahoma Press Pub. Co. v. Walling, 327 U.S. 186 , 66 S.Ct. 494 , 90 L.Ed. 614 ; Zinser v. … Federal Petroleum Board, 5 Cir., 148 F.2d 993 ; President of the United States v.

National Labor Relations Board v. Wgok, Inc.

384 F.2d 500 · Court of Appeals for the Fifth Circuit · Oct 11, 1967

We are mindful that our review of the Board’s unit determination is narrowly limited, see NLRB v. … NLRB v.

Anchortank, Inc. v. National Labor Relations Board

618 F.2d 1153 · Court of Appeals for the Fifth Circuit · Jun 13, 1980

In NLRB v. J. … NLRB v.

United States v. Larry Brown and Dwite Gene Rover

522 F.2d 207 · Court of Appeals for the Fifth Circuit · Oct 31, 1975

Appellants also urge that the sentencing judge committed reversible error in failing to make an explicit finding at the time of sentencing, as required by Dorszynski v. U. … S. v. Gamboa-Cano, 510 F.2d 598 (5th Cir. 1975). Affirmed.