Case law

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  • Arthur R. Grimm v. Harold Brown, Secretary of the Air Force

    449 F.2d 654 · Court of Appeals for the Ninth Circuit · Aug 30, 1971

    Additionally, the district court ruled that the gravity of the security charge permeated the board’s consideration of the other charges to the point that “the Board’s findings were collective and finding No. 3 (the security … Immigration & Naturalization Service, 413 F.2d 286 (9th Cir. 1969), Meehan v. Macy, 129 U.S.App.D.C. 217 , 392 F.2d 822 (1968), or Bond v. Vance, 117 U.S.App.D.C. 203 , 327 F.2d 901 (1964).

    Cited 9 timesPublished
  • National Labor Relations Board v. Sky Wolf Sales, Etc.

    470 F.2d 827 · Court of Appeals for the Ninth Circuit · Dec 7, 1972

    As the court noted in N.L.R.B. v. … Medo Photo Supply Corp. v. National Labor Relations Board, 321 U.S. 678, 687 , 64 S.Ct. 830 [ 88 L.Ed. 1007 ].”

    Cited 33 timesPublished
  • Brown Wholesale Electrical Co. v. Trustees of Hawaii Electricians Annuity

    179 F.3d 829 · Court of Appeals for the Ninth Circuit · Jun 10, 1999

    See Mount Graham Red Squirrel v. Espy, 986 F.2d 1568 , 1571 (9th Cir.1993). DISCUSSION I. Do the Trustees Have Standing to Claim Any of the Retention Funds? … Wulff v. CMA, Inc., 890 F.2d 1070 (9th Cir.1989). In Wulff, CMA, the prime contractor, hired B & K Fabricators to build a smokestack for a federal construction project.

    Cited 1 timesPublished
  • National Labor Relations Board v. Tanner Motor Livery, Ltd.

    419 F.2d 216 · Court of Appeals for the Ninth Circuit · Nov 19, 1969

    Brown v. Sterling Aluminum Products Corp., 8 Cir., 1966, 365 F.2d 651, 656-657 . … The Board’s order is vacated, and the matter is remanded to the Board for further proceedings consistent with this opinion. 1 . Salt River Valley Water Users’ Ass’n v.

    Cited 17 timesPublished
  • Rea Trucking Company, Inc. v. National Labor Relations Board

    439 F.2d 1065 · Court of Appeals for the Ninth Circuit · Mar 19, 1971

    A variance between complaint and findings will not defeat a Board determination where the issue on which the findings were based was fully litigated. See Owens-Corning Fiberglass Corp. v. N. L. R. … Indeed, “The Board * * * has an obligation to decide material issues which have been fairly tried by the parties even though they have not been specifically pleaded.” American Boiler Mfgrs. Assn. v. N. L. R.

    Cited 13 timesPublished
  • National Labor Relations Board v. Knickerbocker Plastic Company, Inc.

    218 F.2d 917 · Court of Appeals for the Ninth Circuit · Jan 15, 1955

    We quote from N.L.R.B. v. … [National] Labor [Relations] Board v. Remington Rand, Inc., 2 Cir., 94 F.2d 862 , certiorari denied 304 U.S. 576 , 58 S.Ct. 1046 , 85 L.Ed. 1540 ; [National] Labor [Relations] Board v.

    Cited 10 timesPublished
  • National Labor Relations Board v. Sir James, Inc.

    446 F.2d 570 · Court of Appeals for the Ninth Circuit · Aug 6, 1971

    PER CURIAM: The Board’s order will be enforced. The early unilateral discontinuance of the health and welfare payments we conclude was an unfair labor practice. Hin-son v. N.L.R.B., 8 Cir., 428 F.2d 133 .

    Cited 2 timesPublished
  • Taylor v. Board of Prison Terms

    264 F. App'x 646 · Court of Appeals for the Ninth Circuit · Jan 18, 2008

    See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir.2005) (per curiam). We also reject the government’s contention that California prisoners do not have a liberty interest in parole. See Sass v. Cal. … See Biggs v. Terhune, 334 F.3d 910, 915 (9th Cir.2003).

    Cited 0 timesPublished
  • California Franchise Tax Board v. Kendall

    657 F.3d 921 · Court of Appeals for the Ninth Circuit · Sep 14, 2011

    OPINION McKEOWN, Circuit Judge: At issue in this bankruptcy appeal is a tax debt owed by Brenda Marie Jones (“Jones”) to the California Franchise Tax Board (“FTB”). … See Money v.

    Cited 0 timesPublished
  • National Labor Relations Board, v Tayko Industries, Inc.

    543 F.2d 1120 · Court of Appeals for the Ninth Circuit · Oct 29, 1976

    National Labor Relations Board v. Exchange Parts Co. (1964).” Id. See also NLRB v. Gruber’s Super Market, Inc., 501 F.2d 697, 702 (7th Cir. 1974); Owens-Corning Fiberglas Corp. v. … The burden is upon the Board to prove that the discharges were illegally motivated. NLRB v. Klaue, 523 F.2d 410, 413 (9th Cir. 1975).

    Cited 4 timesPublished
  • National Labor Relations Board v. E.D.S. Service Corporation

    466 F.2d 157 · Court of Appeals for the Ninth Circuit · Sep 5, 1972

    PER CURIAM: There is substantial evidence in the record, on this application by the Board for enforcement of its order against respondent company, to support the Board’s finding that respondent in discharging its employee … Allegheny Pepsi-Cola Bottling Co. v. N. L. R. B., 312 F.2d 529, 531 (3rd Cir. 1962). See also United Aircraft Corp. v. N. L. R. B., 440 F.2d 85, 92 (2d Cir. 1971). This we will not do. The Board’s order will be enforced.

    Cited 2 timesPublished
  • National Labor Relations Board v. Tommy's Spanish Foods, Inc.

    463 F.2d 116 · Court of Appeals for the Ninth Circuit · Jun 27, 1972

    This court recently held in N.L.R.B. v. … Southwire Company v. N.L.R.B., 383 F.2d 235 (5th Cir. 1967).

    Cited 9 timesPublished
  • United States v. California State Board of Equalization

    683 F.2d 316 · Court of Appeals for the Ninth Circuit · Aug 3, 1982

    Id. at 1132; see Diamond National Corp. v. State Board of Equalization, 425 U.S. 268 , 96 S.Ct. 1530 , 47 L.Ed.2d 780 (1976); see also United States v. … State Board of Equalization, 536 F.2d 294 (9th Cir. 1976) (per curiam). The legal incidence in this case, as in United States v.

    Cited 3 timesPublished
  • Gallenkamp Stores Co. v. National Labor Relations Board

    402 F.2d 525 · Court of Appeals for the Ninth Circuit · Aug 8, 1968

    Foreman & Clark, Inc. v. National Labor Relations Board, 215 F.2d 396, 405-406 (9 Cir. 1954), cert. denied, 348 U.S. 887 , 75 S.Ct. 207 , 99 L.Ed. 697 ; National Labor Relations Board v. … National Labor Relations Board v. Metropolitan Life Ins.

    Cited 4 timesPublished
  • Waldo Rohnert Co. v. National Labor Relations Board

    322 F.2d 46 · Court of Appeals for the Ninth Circuit · Aug 28, 1963

    In considering whether under the foregoing facts Rohnert’s seed mill employees were as Rohnert contends agricultural laborers and not subject to the National Labor Relations Act, we quote from Mitchell v. … N.L.R.B. v. Olaa Sugar Company, (9 Cir.), 242 F.2d 714, 715 . In the Fair Labor Standards Act case of Mitchell v.

    Cited 3 timesPublished
  • Yancy Douglas Hardy v. United States Board of Parole

    443 F.2d 402 · Court of Appeals for the Ninth Circuit · May 28, 1971

    It is fundamental that appellant’s federal sentence did not begin to run until appellant, a parole violator, was returned to federal prison for the service of the balance of his sentence. 1 Zerbst v. … Kidwell, 304 U.S. 359 , 58 S.Ct. 872 , 82 L.Ed. 1399 (1938); Clark v. Blackwell, 374 F. 2d 952 (5th Cir. 1967); Hash v. Henderson, 385 F.2d 475 (8th Cir. 1967).

    Cited 9 timesPublished
  • Benny J. Felt v. Director, Office of Workers' Compensation Programs San Pedro Tomco State Compensation Insurance Fund

    11 F.3d 951 · Court of Appeals for the Ninth Circuit · Dec 17, 1993

    Director, OWCP, 889 F.2d 1360, 1361-63 (4th Cir.1989); Brown v. … Director, OWCP, 855 F.2d 513, 514 (8th Cir.1988) (per curiam) (petition was received by Board on sixtieth day and forwarded to court, but was not received by court until sixty-ninth day); Bolling v.

    Cited 11 timesPublished
  • Stephen H. Marks v. San Francisco Real Estate Board

    627 F.2d 947 · Court of Appeals for the Ninth Circuit · Sep 11, 1980

    Cherry v. Brown-Frazier-Whitney, 548 F.2d 965, 969 (D.C. Cir. 1976); 5 Moore’s Federal Practice ¶41.11[2] (2d ed. 1979). … Marks v. San Francisco Real Estate Board, 69 F.R.D. 353, 354-55 (N.D.Cal.1975). The two major concerns transferred from Kline v.

    Cited 8 timesPublished
  • United States v. Brown

    Court of Appeals for the Ninth Circuit · Jun 23, 2026

    Plaintiff - Appellee, 9:24-cr-00049-DLC-1 v. MEMORANDUM* MALLORY NEHEMIAH BROWN, Defendant - Appellant. … At most, the evidence shows mitigating circumstances, and Brown was able to so argue at sentencing. 2. Brown acknowledges that United States v.

    Cited 0 timesUnpublished
  • National Labor Relations Board v. Sebastopol Apple Growers Union

    269 F.2d 705 · Court of Appeals for the Ninth Circuit · Aug 19, 1959

    This Court, in N.L.R.B. v. … In N.L.R.B. v.

    Cited 10 timesPublished

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