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239 So. 2d 132·
Fla. 4th DCA·
1970-09-03
·cited 8×
A member of a regional planning council appointed by county commissioners is a public officer ineligible to run for State Representative under Chapter 70-80, Laws of Florida, 1970.
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238 So. 2d 667·
Fla. 4th DCA·
1970-09-02
·cited 8×
The court held that the candidate's resignation and qualification were lawful and not barred by the 'Resign to Run' law, affirming the trial court's decision.
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429 F.2d 1303·
10th Cir.·
1970-08-24
·cited 8×
A consent judgment is reviewable only if consent was lacking; otherwise, the merits are not considered. The record here shows consent, thus the judgment is affirmed.
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429 F.2d 505·
5th Cir.·
1970-07-20
·cited 8×
The court held that a prisoner's complaint for injunctive relief regarding medical treatment must allege facts showing an abuse of discretion by prison officials in denying essential care.
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430 F.2d 495·
D.C. Cir.·
1970-06-23
·cited 8×
The court held that the district court erred in dismissing the complaint as moot because the complaint challenged the entire vagrancy statute, not just specific subsections, and the record lacked sufficient evidence to determine mootness.
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422 F.2d 504·
8th Cir.·
1970-02-25
·cited 8×
The court held that the Federal Home Loan Bank Board acted within its statutory authority in authorizing mobile savings and loan facilities and that the plaintiffs failed to state a proper claim for antitrust violations.
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420 F.2d 945·
9th Cir.·
1969-12-24
·cited 8×
The court held that the enlistment contract was valid and not induced by fraud, and the trial court's findings were not clearly erroneous.
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417 F.2d 65·
5th Cir.·
1969-09-22
·cited 8×
The court affirmed the decision, finding that abstention was not appropriate in this diversity case.
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416 F.2d 1071·
9th Cir.·
1969-09-18
·cited 8×
The court held that the district court has jurisdiction to restrain the withholding of past due overtime compensation even without an injunction against future violations, and that present compliance does not negate the equity for an injunction.
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415 F.2d 760·
9th Cir.·
1969-08-12
·cited 8×
A military enlistee seeking discharge as a conscientious objector must exhaust available administrative remedies before seeking federal court relief.
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413 F.2d 342·
9th Cir.·
1969-06-26
·cited 8×
The advertisements did not violate the FTC's cease and desist order, and the district court lacked statutory authority to grant injunctive relief for violations of such orders.
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415 F.2d 272·
3d Cir.·
1969-06-25
·cited 8×
The court held that the district court erred in dismissing the complaint, as resisting a preliminary injunction motion does not automatically entitle a defendant to summary judgment without further opportunity for evidence.
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213 So. 2d 5·
Fla. 3d DCA·
1968-07-23
·cited 8×
Property owners challenged zoning ordinances adopted by the City of North Miami following annexation of a shopping center subdivision. The court held that while notice of the hearing must substantially conform to the final zoning action adopted, some deviations are permissible if
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397 F.2d 541·
7th Cir.·
1968-07-02
·cited 8×
The court held that the dispute over the cancellation of a 1956 agreement and the restoration of an engineers' extra board constituted a minor dispute under the Railway Labor Act, not a major dispute.
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D.D.C.·
1967-09-06
·cited 8×
The Railway Labor Act does not universally compel national handling of labor disputes; whether it is obligatory depends on the specific issue and historical bargaining practices.
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379 F.2d 229·
8th Cir.·
1967-06-22
·cited 8×
The court held that the appeal was moot because the election had already occurred and the requested relief of certifying the candidate could no longer be granted. Furthermore, the court found no evidence of racial discrimination sufficient to establish federal jurisdiction.
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375 F.2d 105·
7th Cir.·
1967-01-23
·cited 8×
The court held that the district court did not err in dismissing the complaint, affirming the dismissal based on the doctrine of primary jurisdiction.
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366 F.2d 33·
6th Cir.·
1966-09-15
·cited 8×
The court affirmed the denial of removal and injunctive relief, holding that federal courts should not interfere with state criminal proceedings before they conclude.
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178 So. 2d 35·
Fla. 3d DCA·
1965-08-17
·cited 8×
The amended complaint should not have been dismissed with prejudice because the circuit court's jurisdiction may be invoked when an adequate remedy is not available in the probate court.
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176 So. 2d 350·
Fla. 1st DCA·
1965-06-10
·cited 8×
Appellants lack standing to challenge the county's vacation of a public road because they failed to allege an injury different in kind and degree from that sustained by the general public.
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342 F.2d 229·
5th Cir.·
1965-02-24
·cited 8×
The court held that the district court erred in approving a desegregation plan that was too slow and used an impermissible transfer method, but did not err in deferring the teacher assignment issue or denying an injunction.
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334 F.2d 449·
5th Cir.·
1964-07-21
·cited 8×
The court held that the district court should determine the application of the 'freezing principle' on final hearing, not on a preliminary injunction application, and found no basis to put the district court in error for its refusal.
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332 F.2d 452·
4th Cir.·
1964-05-25
·cited 8×
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163 So. 2d 54·
Fla. 2d DCA·
1964-04-17
·cited 8×
Perry, a restaurant owner, challenged a 1963 Pinellas County special act requiring alcohol-related businesses to close at 2:00 A.M. He sought a declaratory decree and injunction, proposing to operate as an entertainment venue where patrons brought their own alcohol, arguing this
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162 So. 2d 266·
Fla.·
1964-03-25
·cited 8×
The Florida Supreme Court declined to answer a certified question regarding the constitutional validity of Chapter 63-787, which vests exclusive ambulance regulatory authority in counties with populations exceeding 450,000. The Court held that constitutional questions must be pro
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320 F.2d 870·
5th Cir.·
1963-07-18
·cited 8×
The court held that the City of Jackson's segregation signs violated the Interstate Commerce Act and the Commerce Clause, and that both the United States and the Interstate Commerce Commission had statutory standing to sue to enforce injunctions against both carriers and non-carr
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143 So. 2d 900·
Fla. 2d DCA·
1962-08-17
·cited 8×
A property owner challenged a real estate tax assessment as illegal, arguing similar properties were assessed at lower valuations. The court held that to state a valid cause of action for injunctive relief challenging a tax assessment, the complaint must allege that the assessmen
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305 F.2d 675·
8th Cir.·
1962-06-28
·cited 8×
The appeal must be dismissed because the injunctive relief granted by the district court was moot at the time of its entry, as the underlying agreements had expired.
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135 So. 2d 770·
Fla. 2d DCA·
1961-12-20
·cited 8×
The appellate court reversed a summary decree that barred defendants from asserting a counterclaim for deed reformation based on res judicata and laches. The court held that a prior dismissal for failure to prosecute does not constitute an adjudication on the merits and therefore
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296 F.2d 614·
5th Cir.·
1961-12-07
·cited 8×
The court held that the Secretary of Labor may sue for back wages under the FLSA, and that an employer's failure to keep proper records does not preclude recovery for employees when damages are difficult to ascertain.
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134 So. 2d 40·
Fla. 1st DCA·
1961-11-02
·cited 8×
Trumbull Chevrolet sought injunctive relief and mandated issuance of motor vehicle title certificates by Florida's Motor Vehicle Commissioner. The appellate court reversed the trial court's mandatory injunction requiring immediate title issuance, finding the trial court lacked a
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294 F.2d 735·
D.C. Cir.·
1961-07-20
·cited 8×
The court held that the trial judge did not abuse his discretion in denying a continuance for discovery, as the appellants' request was untimely and lacked sufficient factual basis.
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292 F.2d 234·
8th Cir.·
1961-06-29
·cited 8×
Employees engaged in the maintenance and repair of local roads used for interstate commerce are covered by the Fair Labor Standards Act, and injunctive relief is appropriate even if compliance is achieved under pressure.
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289 F.2d 778·
D.C. Cir.·
1961-03-30
·cited 8×
A local court of general jurisdiction has the authority to conduct a trial de novo to review administrative action when no specific statutory provision for judicial review exists, and such a trial de novo can satisfy due process requirements.
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289 F.2d 455·
D.C. Cir.·
1961-03-23
·cited 8×
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287 F.2d 76·
5th Cir.·
1961-02-15
·cited 8×
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284 F.2d 591·
D.C. Cir.·
1960-10-20
·cited 8×
The court held that the district court correctly dismissed the complaint for lack of jurisdiction, as the Customs Court has exclusive jurisdiction over disputes concerning customs duties and exactions.
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362 U.S. 929·
U.S.·
1960-03-28
·cited 8×
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267 F.2d 808·
5th Cir.·
1959-06-16
·cited 8×
The court held that the Civil Rights Act of 1957 does not authorize suits against a sovereign state, and that resigned registrars and a memberless board cannot be sued under the Act.
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265 F.2d 780·
9th Cir.·
1959-04-06
·cited 8×
The court held that the exception to federal question jurisdiction for maritime claims does not apply when the relief sought, like an injunction against a maritime tort, is unknown to admiralty courts.
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108 So. 2d 295·
Fla. 2d DCA·
1959-01-21
·cited 8×
The court held that a municipality's assertion of jurisdiction over land is properly challenged through a quo warranto proceeding, not an injunction.
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108 So. 2d 303·
Fla. 2d DCA·
1958-10-31
·cited 8×
The Orange County Zoning Commission sought to enjoin a property owner from expanding his trailer park beyond the non-conforming use permitted under a newly adopted zoning resolution. The court affirmed dismissal of the injunction petition, holding that a complaint alleging only v
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260 F.2d 552·
2d Cir.·
1958-10-20
·cited 8×
The court held that the defendants willfully violated the consent decree by failing to divest themselves of certain theaters and by continuing prohibited practices, and that the contempt convictions were justified.
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102 So. 2d 740·
Fla. 3d DCA·
1958-04-10
·cited 8×
Barfield Instrument Corporation sought injunctive relief against neighbors allegedly operating a manufacturing plant that emitted paint spray damaging Barfield's adjacent property used as a parking lot. The court held that the complaint stated a valid cause of action for private
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249 F.2d 189·
10th Cir.·
1957-09-25
·cited 8×
The court held that restrictions against alienation apply to lands acquired by the Pueblo through purchase, and that the United States is entitled to injunctive relief to protect the Pueblo's title and possession.
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244 F.2d 11·
2d Cir.·
1957-04-26
·cited 8×
The court held that a taxpayer is entitled to a Tax Court redetermination of a deficiency even if it was abated by a carry-back before assessment, and that failure to comply with this procedure invalidates the assessment.
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244 F.2d 64·
9th Cir.·
1957-03-29
·cited 8×
The court held that the trial court erred in enjoining the plaintiff from commencing new infringement suits against customers because there was no finding of the defendant's financial ability to respond in damages.
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238 F.2d 32·
D.C. Cir.·
1956-10-18
·cited 8×
The court held that the alien was deportable because he was excludable at the time of entry due to his prior claim for exemption from military service, which debarred him from citizenship.
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231 F.2d 524·
9th Cir.·
1956-03-28
·cited 8×
The court held that an alien convicted of a felony involving moral turpitude prior to entry is subject to deportation, regardless of their status at the time of conviction.
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229 F.2d 926·
7th Cir.·
1956-02-06
·cited 8×
The Railway Labor Act's compulsory adjustment provisions for minor disputes are enforceable by injunction, and the Norris-LaGuardia Act does not prevent such injunctions.