LOCALS 107 ET AL., AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA
v.
A. DUIE PYLE, INC., ET AL.

U.S. | 1968-01-22
No. 888
390 U.S. 905 Supreme Court of the United States (1968) Positive Treatment
Cited by 5 cases

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  • Castle v. United States, 399 F.2d 642 (5th Cir. 1968)
    …ationale” and “sporting theory of justice.” See Whalen, supra, at 893. The most exhaustive treatment of the topic to date is the Fourth Circuit’s recent decision in Patton v. State of North Carolina, 4th Cir. 1967, 381 F. 2d 636, cert. denied, 1968, 390 U.S. 905, 88 S.Ct. 818, 19 L.Ed.2d 871.7 There the defendant was denied five years’ credit as a result of employing a post-conviction remedy to rectify the fact that he was tried in violation of Gideon. The court had three reasons for invalidating the increa…
  • General Teamsters v. Mitchell Bros. Truck Lines, 682 F.2d 763 (9th Cir. 1982)
    …ctors. Consequently, the enforcement of the Arbitrator’s award would give effect to an unlawful “hot cargo” agreement. Local 814, Teamsters v. NLRB, 512 F. 2d 564 (C.A.D.C.1975); A. Duie Pyle, Inc. v. NLRB, 383 F. 2d 772 (C.A. 3 1967), cert. denied, 390 U.S. 905, 88 S.Ct. 819, 19 L.Ed.2d 871 (1968). Obviously, this argument is part and parcel of the issue of whether the owner/operators are employees or independent contractors. If on the record they appear to be independent contractors, this contention would…
  • The State OF Tex. v. Grundstrom, 404 F.2d 644 (5th Cir. 1968)
    …s beside the point: If the constitutional law is clear, the State has no legitimate interest in burdening him with a trial under the new indictment. In my judgment, Patton v. State of North Carolina, 4th Cir. 1967, 381 F. 2d 636, cert. denied, 1968, 390 U.S. 905, 88 S.Ct. 818, 19 L.Ed.2d 871, presents unanswerable constitutional objections to an increased sentence or denial of credit for time served on retrial where the original conviction has been set aside on collateral attack because of constitutional er…

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