Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare v. Estus Lightsey, 329 F.2d 780 (5th Cir. 1964). · Go Syfert
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Anthony J. Celebrezze, Sec'y of Health, Educ. & Welfare v. Estus Lightsey, 329 F.2d 780 (5th Cir. 1964). Cases Citing This Book View Copy Cite
35 citation events (4 in the last 25 years) across 14 distinct courts.
Strongest positive: Peterson v. Dalton, NH, Town of (nhd, 2021-12-22)
Treatment trajectory · 1966 → 2026 · click a year to view as-of
1966 1996 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) Peterson v. Dalton, NH, Town of
D.N.H. · 2021 · confidence medium
Dade Cty., 329 F.2d 780, 781 (5th Cir. 1964)).
cited Cited as authority (rule) David Peterson v. Town of Dalton, Jessie R. Wentworth, Jo Beth Dudley, Carol Sheltry, and Tamela Swan
D.N.H. · 2021 · confidence medium
Dade Cty., 329 F.2d 780, 781 (5th Cir. 1964)). 8 IV.
cited Cited as authority (rule) Messing v. Hamden
D. Conn. · 2020 · confidence medium
Dade Cty., 329 F.2d 780, 781 (5th Cir. 1964)).
discussed Cited as authority (rule) Peoples National Utility Company v. The City of Houston, a Texas Municipal Corporation
5th Cir. · 1988 · confidence medium
Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir.1964); see also Stephens v. Portal Boat Co., 781 F.2d 481, 483 (finding that appellant's failure to comply with applicable Louisiana procedures precluded federal courts from hearing the case under § 1341). 9 . 457 U.S. 496 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982). 10 .
cited Cited as authority (rule) John L. Dawson, Sr. v. John Childs, Assessor-Collector of Taxes for Dallas County, Texas, Dallascounty, Texas
5th Cir. · 1982 · confidence medium
In Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir. 1964), we explained, “the obligation of the federal court is clear from a reading of the [Act].
cited Cited as authority (rule) Town of Ball v. Rapides Parish Police Jury
5th Cir. · 1979 · confidence medium
Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir. 1964).
discussed Cited as authority (rule) Town of Ball v. Rapides Parish Police Jury
W.D. La. · 1977 · confidence medium
To hold otherwise would allow any disgruntled taxpayer to simply wait until the statute of limitations had run in the state courts and then bring suit in the federal court.” Henry v. Metropolitan Dade County, supra, at 781.
discussed Cited as authority (rule) Aluminum Company of America, and Cross-Appellant v. Department of the Treasury of the State of Michigan, and Cross-Appellees
6th Cir. · 1975 · confidence medium
Lung v. O’Cheskey, 358 F.Supp. 928 (D.N.M.), aff’d 414 U.S. 802 , 94 S.Ct. 159 , 38 L.Ed.2d 39 (1973); Ford Motor Credit Co. v. Louisiana State Tax Commission, 440 F.2d 675, 677 (5th Cir. 1971); Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir. 1964); Klotz v. Consolidated Edison Co. of New York, Inc., 386 F.Supp. 577, 587 (S.D.N.Y.); Horn v. O’Cheskey, 378 F.Supp. 1280, 1285 (D.N.M.1974).
discussed Cited as authority (rule) Aluminum Co. of A. v. Department of Treas. of Mich.
E.D. Mich. · 1974 · confidence medium
We are mindful that Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir. 1964) took the view that “the expiration of time in which the state suit might have been brought does not result in the destruction of a plain and simple remedy principle specified in the Johnson Act.” That view, however, was premised upon the notion that if it were otherwise, an aggrieved or disgruntled taxpayer need simply wait for the statute of limitations to run and automatically confer jurisdiction upon a federal court.
discussed Cited as authority (rule) Variant Associates v. County of Santa Clara (2×) also: Cited "see, e.g."
N.D. Cal. · 1970 · confidence medium
And while this court cannot presume to decide whether the state courts should hold plaintiff barred from relief because of the running of the statute, cf. Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir.1964), it seems proper to mention those considerations which lead this court to believe that plaintiff’s tardiness might be excused.
discussed Cited as authority (rule) Preston County Light & Power Co. v. Public Service Commission
S.D.W. Va · 1969 · confidence medium
Similar conclusions have been reached in cases involving Section 1341 of Title 28 involving actions to enjoin collection of state taxes wherein the district courts are precluded from granting injunctive relief where “a plain, speedy and efficient remedy may be had in the courts of such State.” Thus, in Henry v. Metropolitan Dade County, 329 F.2d 780, 781 (5th Cir. 1964), the Court stated: “The obligation of the federal court is clear from a reading of the Johnson Act.
Retrieving the full opinion text from the archive…
Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant,
v.
Estus LIGHTSEY, Appellee
20933.
Court of Appeals for the Fifth Circuit.
Mar 19, 1964.
329 F.2d 780
Robert E. Hauberg, U. S. Atty., Jackson, Miss., Alan S. Rosenthal, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for appellant.
Tuttle, Rives, Wisdom.
Published
PER CURIAM.

This proceeding before the District Court seeking to reverse an administrative determination that appellee was not entitled to Social Security disability benefits raised only the questions whether there was substantial evidence to support the administrative determination and whether the examiner applied the proper legal principles in deciding this case. We conclude that the trial court erred in reversing the Secretary’s determination, in that it is apparent that the findings were supported by substantial evidence and that the examiner applied the proper legal standards in his consideration of the case. See Celebrezze v. O’Brient, 5 Cir., 323 F.2d 989.

The judgment is reversed and the case is remanded for entry of judgment for the appellant.