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701 F.2d 1365·
11th Cir.·
1983-04-04
·cited 288×
The court held that it lacked jurisdiction to hear Pitney Bowes' appeal regarding the Rotary Collator Agreement and post-expiration rights because those issues were not finally decided by the district court. The court affirmed the district court's judgment regarding the Vertical
-
194 F.2d 329·
D.C. Cir.·
1952-01-10
·cited 98×
The Deputy Commissioner's ruling excluding wine made from the boysen variety of blackberry from the designation 'blackberry wine' was an invalid amendment to the existing regulation because it was not preceded by a hearing or approved by the Secretary of the Treasury.
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450 F.2d 603·
D.C. Cir.·
1971-03-31
·cited 92×
The court held that after the Railway Labor Act's procedures are exhausted and bargaining reaches an impasse, a union may lawfully conduct selective strikes against some carriers to exert economic pressure for a national agreement.
-
579 F.2d 764·
3d Cir.·
1978-05-03
·cited 76×
The court held that the district court erred in abstaining under Younger v. Harris, and that the state court judgment's res judicata effect on federal claims depends on whether those claims were actually litigated in state court.
-
222 So. 2d 470·
Fla. 2d DCA·
1969-05-09
·cited 74×
Times Publishing Company and others appealed a trial court's dismissal of their complaint seeking to enjoin the Pinellas County School Board from holding closed meetings in violation of Florida's 1967 "Government in the Sunshine Law." The court reversed, holding that the statute
-
697 F.2d 1305·
9th Cir.·
1983-01-31
·cited 60×
The court held that ANILCA subsection 503(h)(3) requires an Environmental Impact Statement (EIS) for bulk sampling activities, and that the proposed 1980-83 amendment activities constitute bulk sampling, thus requiring an EIS before Forest Service authorization.
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623 F.2d 455·
6th Cir.·
1980-06-16
·cited 59×
Benefits under an ERISA-covered pension plan are not subject to garnishment by a creditor of a plan beneficiary, and federal courts may enjoin such garnishments under ERISA's express authorization exception to the anti-injunction act.
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420 F.2d 122·
D.C. Cir.·
1969-11-12
·cited 52×
The court affirmed the summary judgment denying an injunction, but disagreed on the standing of one party to challenge the National Defense Reserve Fleet Act. The majority found the matter committed to agency discretion, while the dissent argued for broader standing based on inju
-
698 F.2d 193·
3d Cir.·
1983-01-17
·cited 50×
The government's position in the entire proceedings was substantially justified, despite losing on one issue.
-
609 F.2d 778·
5th Cir.·
1980-01-10
·cited 48×
The court held that the Secretary of the Army properly remedied the defect in the 1975 promotion selection board by convening a relook board, and that the plaintiff's nonselection by these boards constituted the necessary two pass overs for release from active duty.
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409 F.2d 341·
7th Cir.·
1969-02-13
·cited 44×
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441 F.2d 637·
5th Cir.·
1971-04-05
·cited 42×
The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
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278 F.2d 912·
2d Cir.·
1960-05-25
·cited 42×
The Court of Appeals affirmed the dismissal, holding that the suit was against the United States and thus subject to the Tucker Act's jurisdictional requirements, which the district court lacked.
-
713 F.2d 677·
11th Cir.·
1983-08-29
·cited 40×
The court held that the Corps abused its discretion by allowing a private dock in a public recreation area and that the plaintiff was entitled to attorney's fees for this claim, but affirmed the denial of an injunction for sewage discharge and the finding on the restrictive coven
-
350 So. 2d 502·
Fla. 3d DCA·
1977-09-20
·cited 38×
The Commodore Plaza Condominium Association appeals from multiple orders in a breach of lease dispute with Norman Cohen, Trustee, who sought to recover unpaid rental payments for recreational facilities. The court affirmed most of the trial court's judgment while remanding the ma
-
465 F.2d 844·
3d Cir.·
1972-07-20
·cited 38×
The court held that the plaintiff, a citizen-taxpayer, lacked standing to obtain an injunction requiring the CIA to account for funds, as the historical development of standing doctrine does not permit such an action.
-
783 F.2d 1104·
D.C. Cir.·
1986-02-21
·cited 34×
The court held that plaintiffs were prevailing parties entitled to attorneys' fees for securing a pre-election injunction, but remanded for reconsideration of the 'special circumstances' defense and specific fee calculations.
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585 F.2d 408·
9th Cir.·
1978-11-03
·cited 34×
The court held that the district court correctly dismissed Shell's complaint for lack of subject matter jurisdiction because the actions of the state regional board were not reviewable federal agency actions.
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246 F.2d 114·
6th Cir.·
1957-06-14
·cited 34×
The court held that the railroad yard closing dispute was not a labor dispute under the Railway Labor Act or Norris-LaGuardia Act, and thus the district court had jurisdiction to enjoin the strike due to irreparable harm to interstate commerce.
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682 F.2d 1267·
9th Cir.·
1982-04-23
·cited 32×
The court held that the Anti-Injunction Act barred federal courts from enjoining the state court action, and there was no independent federal jurisdiction for declaratory relief on a preemption defense.
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297 F.2d 17·
4th Cir.·
1961-11-07
·cited 32×
The court held that the Navy regulation authorizing administrative discharge was valid and that statutory post-discharge review procedures satisfied due process requirements.
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224 F.2d 176·
2d Cir.·
1955-06-02
·cited 32×
Orders granting a stay pending arbitration are not appealable interlocutory orders under 28 U.S.C. § 1292(1) when the underlying action is equitable in nature.
-
148 F.2d 407·
6th Cir.·
1945-03-26
·cited 32×
The court held that in a non-jury case dismissed under Rule 41(b) after the plaintiff's evidence, the trial court must make specific findings of fact and conclusions of law as required by Rule 52(a).
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573 F.2d 889·
5th Cir.·
1978-05-26
·cited 31×
The court held that the district court lacked jurisdiction to entertain a declaratory judgment action challenging the validity of a 1973 agreement between a bank and the Comptroller, as such actions are barred by 12 U.S.C. § 1818(i) except as provided within the administrative re
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269 F.2d 126·
5th Cir.·
1959-07-30
·cited 31×
The court should affirm the order for a more definite statement but reverse the dismissal and remand to allow the plaintiff time to comply.
-
446 F.2d 833·
6th Cir.·
1971-06-23
·cited 30×
Appellants Crossen and Craddock have standing and presented a case or controversy; appellant Pozzuto and the Women's Liberation Group lack standing. A three-judge court must be convened for the remaining appellants.
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394 F.2d 732·
5th Cir.·
1968-05-03
·cited 29×
The court held that sovereign immunity should not be permitted to nullify a mandatory constitutional command and that the United States Courts should be open to allow appellants to prove their ownership of property.
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99 Fla. 755·
Fla.·
1930-04-08
·cited 29×
The Florida Supreme Court reviewed a lower court decree invalidating a local legislative act relating to Marion County Highway Bonds on the ground that the required notice of the proposed local legislation was not properly published and established in the legislature as mandated
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579 F.2d 1155·
9th Cir.·
1978-08-11
·cited 28×
The court held that the Privacy Act of 1974 does not authorize injunctive relief to prevent the disclosure of agency records, and that a corporation lacks standing as an 'individual' under the Act.
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438 F.2d 1128·
3d Cir.·
1971-02-05
·cited 28×
The court held that the appellant failed to establish subject matter jurisdiction in the district court because his claims involved factual determinations and discretionary judgments by the local board, which are barred from pre-induction review by statute.
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168 F.2d 143·
D.C. Cir.·
1948-02-09
·cited 28×
A party who was not a party to the record in the lower court and made no effort to become one cannot appeal the judgment.
-
833 F.2d 763·
9th Cir.·
1987-11-18
·cited 27×
The court affirmed the district court's declaratory judgment and injunction, but modified the injunction in part, and affirmed the denial of attorney's fees.
-
597 F.2d 617·
8th Cir.·
1979-04-23
·cited 27×
The court held that Lake Minnetonka is not a "navigable water of the United States" under the Rivers and Harbors Act because it lacks an interstate waterway connection, but construction of dams and placement of riprap are regulated activities under Section 404 of the Federal Wate
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697 F.2d 562·
4th Cir.·
1982-12-15
·cited 26×
The dissenting judge would hold that the Fund, as a creature of the collective bargaining agreements, is bound by their terms regarding benefit levels and cannot unilaterally alter them.
-
394 So. 2d 1069·
Fla. 4th DCA·
1981-03-04
·cited 26×
This case concerns the enforceability of a non-competition clause in an employment contract. The appellate court held that the trial court erred by modifying the geographical scope of the clause when that issue was not properly raised or tried, affirming the contract's original t
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634 F.2d 463·
9th Cir.·
1980-12-23
·cited 26×
The Tax Injunction Act (28 U.S.C. § 1341) bars federal court jurisdiction over suits seeking to enjoin, suspend, or restrain the collection of state taxes when a plain, speedy, and efficient remedy is available in state courts, including suits for tax refunds.
-
404 F.2d 14·
5th Cir.·
1968-11-05
·cited 26×
The district court correctly dismissed the action for want of subject-matter jurisdiction, as the determination of whether an article is an import falls exclusively within the jurisdiction of the Customs Court.
-
170 F.2d 617·
2d Cir.·
1948-11-08
·cited 26×
The court held that the district court had jurisdiction to enter the judgment based on the confession, as it was a valid agreement between the parties, and affirmed the denial of the motions to vacate.
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733 F.2d 1146·
5th Cir.·
1984-06-08
·cited 25×
Prosecutors are absolutely immune from damages liability for actions taken within the scope of their prosecutorial duties, and the State is immune from suit under the Eleventh Amendment.
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426 F.2d 1395·
6th Cir.·
1970-05-28
·cited 24×
The court held that the appellant failed to demonstrate that the amount in controversy exceeded $10,000, thus the district court properly dismissed the action for lack of jurisdiction.
-
415 F.2d 1365·
7th Cir.·
1969-08-05
·cited 24×
The court held that while the action against Congressional defendants could be dismissed due to the Speech or Debate Clause and availability of relief against other parties, the dismissal of the Attorney General and U.S. Attorney was improper and the case should be remanded for c
-
288 F.2d 198·
2d Cir.·
1961-03-14
·cited 24×
The District Court lacked jurisdiction to review the National Labor Relations Board's decision to conduct a representation election, as the appellee's claim did not present a substantial constitutional question.
-
250 F.2d 611·
4th Cir.·
1957-12-26
·cited 24×
A single judge may dismiss a case for lack of jurisdiction, even if a three-judge panel would otherwise be required for an injunction.
-
244 F.2d 647·
9th Cir.·
1957-04-08
·cited 24×
The court held that the trial court did not abuse its discretion in granting a preliminary injunction, as serious legal questions were presented and the injunction served to preserve the status quo pending final determination.
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859 F.2d 762·
9th Cir.·
1988-10-18
·cited 23×
The court held that the district court erred by not deferring to the Secretary's interpretation of attorneys' fees provisions and associated procedures, finding them to be within the Secretary's discretion and not contrary to statute or the APA.
-
801 F.2d 60·
2d Cir.·
1986-09-10
·cited 23×
The dissent argues the court should affirm the lower court's decision, finding that the Equity Committee's request for a shareholder meeting constitutes an abuse of process and would unduly delay a complex reorganization.
-
456 F.2d 326·
5th Cir.·
1972-01-14
·cited 23×
The court held that the district court erred in dismissing the case based on LP&L's failure to demonstrate irreparable injury and in concluding that the FPC had unquestionable jurisdiction, reversing the dismissal and remanding for further fact development.
-
479 F.2d 1176·
5th Cir.·
1973-05-30
·cited 22×
The court granted a petition for rehearing en banc, vacating the prior panel decision.
-
474 F.2d 877·
4th Cir.·
1973-02-21
·cited 22×
The court held that the district court lacked jurisdiction under 28 U.S.C. § 1331 due to failure to meet the amount in controversy requirement, and that mandamus jurisdiction under 28 U.S.C. § 1361 was inappropriate as there was no clear right or duty to issue the permit.
-
442 F.2d 847·
D.C. Cir.·
1971-02-23
·cited 22×
The court held that the District Court erred in deciding the merits of the zoning dispute without first requiring the parties to exhaust administrative remedies before the Board of Zoning Adjustment, applying the doctrine of primary jurisdiction.