BOOKER

v.

RILEY ET AL.

Citator

Cited By

• Marshall Cnty. Bd. OF Educ. v. Marshall Cnty. GAS Dist., 992 F.2d 1171 (11th Cir. 1993)
  …early erroneous standard. Lawrence v. Dunbar, 919 F. 2d 1525, 1530 (11th Cir.1990). See Nucor Corp. v. Nebraska Public Power Dist., 891 F. 2d 1343, 1347 (8th Cir.1989) (reviewing reasonableness of Johnson Act notice for clear error), cert. denied, 498 U.S. 813, 111 S.Ct. 50, 112 L.Ed.2d 26 (1990). Unfortunately, there is no factual finding to review in this case because the district court declined to reach the question of whether it had jurisdiction under the Johnson Act. When jurisdiction turns on a fa…
• Portman v. Cnty. OF Santa Clara, 995 F.2d 898 (9th Cir. 1993)
  …nably, the claimant had a property interest in his disability retirement benefits.”), cert. denied, 486 U.S. 1033, 108 S.Ct. 2016, 100 L.Ed.2d 603 (1988); see also Russell v. Dunston, 896 F. 2d 664, 668 (2d Cir.) (disability benefits), cert. denied, 498 U.S. 813, 111 S.Ct. 50, 112 L.Ed.2d 26 (1990); Winston v. City of New York, 759 F. 2d 242, 247-49 (2d Cir.1985) (retirement benefits). To reach that conclusion, those cases simply applied language from Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct.…
• Telois Miles v. A.O. Smith Harvestore Prods., Inc., 992 F.2d 813 (8th Cir. 1993)
  …at 999. Where, as here, the evidence leaves no room for' a reasonable difference of opinion, the district court may resolve fact issues as a matter of law. Nucor Corp. v. Nebraska Pub. Power Dist., 891 F. 2d 1343, 1351 (8th Cir.1989), cert. denied, 498 U.S. 813, 111 S.Ct. 50, 112 L.Ed.2d 26 (1990). Hines concerned Harvestore owners (husband and wife) who brought problems similar to those encountered by appellant to the attention of Harvestore. Hines, 880 F. 2d at 997. The owners were assured by Harve-stor…