green
Positive treatment
Quoted verbatim 1×
6.6 score
“this recognition by congress of the unavailability of administrative collection procedures in the case of an estate of a decedent is consistent with the longstanding position of the treasury that it may not levy on assets of a decedent's estate while in the custody of the probate…”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Williams v. United States
this recognition by congress of the unavailability of administrative collection procedures in the case of an estate of a decedent is consistent with the longstanding position of the treasury that it may not levy on assets of a decedent's estate while in the custody of the probate…
discussed
Cited as authority (rule)
Irish Lesbian and Gay Organization v. Bratton
This was quoted in Concerned Jewish Youth v. McGuire, 621 F.2d 471, 477 (2d Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1352 , 67 L.Ed.2d 337 (1981), by Second Circuit Judge Moore who noted that “the government interest in providing security [and] safety ... may, at times, be superior to asserted First Amendment rights.” Id. at 474.
discussed
Cited "see"
Endo Painting Service, Inc. v. National Labor Relations Board
See N.L.R.B. v. Safeway Stores, Inc., 622 F.2d 425, 430 (9th Cir. 1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (declining to add a grievability requirement to federal labor law); see also N.L.R.B. v. Acme Indus.
discussed
Cited "see"
Foster v. Noel
See Marrero v. City of Hialeah, 625 F.2d 499 (5th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (noting that in the common law tort action for false imprisonment, injury to reputation is compensable as an element of damages). ¶ 60.
discussed
Cited "see"
Matter of Surrender of Ntakirutimana
See Concerned Jewish Youth v. McGuire, 621 F.2d 471 (2nd Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1352 , 67 L.Ed.2d 337 (1981); United States v. Palestine Liberation Organization, 695 F.Supp. 1456 (S.D.N.Y., 1988); International Society for Krishna Consciousness, Inc. v. New York, 501 F.Supp. 684 (S.D.N.Y., 1980); Greenberg v. Murphy, 329 F.Supp. 37 (S.D.N.Y.1971).
discussed
Cited "see"
Don Foster v. Jacqueline Noel
See Marrero v. City of Hialeah, 625 F.2d 499 (5th Cir. 1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (noting that in the common law tort action for false imprisonment, injury to reputation is compensable as an element of damages). ¶60.
cited
Cited "see"
Robert W. Brooks v. George County, Mississippi, George County, Mississippi, Cross-Appellee, Wilbur Ward and Earl Koskela
See Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir.1980), cert. denied 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
cited
Cited "see"
Brooks v. George County, MS
See Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir.1980), cert. denied 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
discussed
Cited "see"
Duck v. Jacobs
See Marrero v. City of Hialeah, 625 F.2d 499 , 517 n. 24 (5th Cir.1980), cert. denied sub nom, Rashkind v. Marrero, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (court notes that plaintiff’s claim for damage to reputation would be subject to an absolute privilege under state law, but court nevertheless proceeds to discuss merits of claim under the federal Constitution); Sparks v. City of Atlanta, 496 F.Supp. *1552 770, 772 n. 2 (N.D.Ga.1980) (same).
discussed
Cited "see"
Soranno's Gasco, Inc. v. Morgan
See Marrero v. City of Hialeah, 625 F.2d 499, 514-15 (5th Cir.1980), ce rt. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981). (2) The Process Due Due process generally includes an opportunity for some type of hearing before the deprivation of a protected property interest.
discussed
Cited "see"
Soranno's Gasco, Incorporated v. Morgan
See Marrero v. City of Hialeah, 625 F.2d 499, 514-15 (5th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981). 33 (2) The Process Due 34 Due process generally includes an opportunity for some type of hearing before the deprivation of a protected property interest.
cited
Cited "see"
Hooper v. Sachs
See Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir. 1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
discussed
Cited "see"
Beoties Emory v. Clarence Peeler, Individually and in His Official Capacity as Superior Court Judge, Stone Mountain Judicial Circuit
Paul v. Davis, 424 U.S. at 712 , 96 S.Ct. at 1166 ; accord Marrero v. City of Hialeah, 625 F.2d 499 (5th Cir. 1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (injury to reputation plus violation of fourth amendment rights and loss of business goodwill protected by state law was sufficient to make out a section 1983 claim for relief); Bradford v. Bronner, 665 F.2d at 682-83 (stigmatization from firing and derogatory comments by government officials were insufficient allegations to sustain a section 1983 action). 17 *1555 Emory has a judicial forum in which to seek vin…
cited
Cited "see"
Mckenzie v. Lamb
See Marrero v. City of Hialeah, 625 F.2d 499 (5th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981); Nelson v. Las Vegas, --- Nev. ----, 665 P.2d 1141, 1144-45 (1983).
cited
Cited "see"
McKenzie v. Lamb
See Marrero v. City of Hialeah, 625 F.2d 499 (5th Cir.1980), ce rt. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981); Nelson v. Las Vegas, — Nev. -, 665 P.2d 1141, 1144-45 (1983).
cited
Cited "see"
L. Patrick Gray, III v. Griffin Bell
See Marrero v. City of Hialeah, 625 F.2d 499, 506-10 (5th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
cited
Cited "see"
United States v. Donohue
See United States v. Colonial Chevrolet Corp., 629 F.2d 943, 950 (4th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1352 , 67 L.Ed.2d 337 (1981) (disclosure to State Attorney General).
cited
Cited "see"
United States v. Lois Elizabeth Rabe Sarman and Edwin Carl Sarman, Co-Executors of the Estate of Elizabeth Schultz Rabe
See generally United States v. Silverman, 621 F.2d 961, 966 (9th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981). 3.
discussed
Cited "see"
Alan McSurely v. John L. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County, Kentucky
United States v. Heldt, 668 F.2d 1238, 1276 (D.C.Cir.1981), cert. denied, 456 U.S. 926 , 102 S.Ct. 1971 , 72 L.Ed.2d 440 (1982); Apton v. Wilson, 506 F.2d 83, 91 (D.C.Cir.1974); Robichaud v. Ronan, 351 F.2d 533, 536-37 (9th Cir.1965); accord Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir.1980) (“a prosecutor who assists, directs or otherwise participates ... in obtaining evidence prior to an indictment undoubtedly is functioning more in his investigative capacity than in his quasi-judicial capacities of ‘deciding which suits to bring and ... conducting them in court’ ”) (quotin…
cited
Cited "see"
Robert W. BROOKS v. GEORGE COUNTY, MISSISSIPPI, et al
See Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir.1980), cert. denied 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
discussed
Cited "see, e.g."
Irish Lesbian and Gay Organization v. Giuliani
See also Concerned Jewish Youth v. McGuire, 621 F.2d 471, 474 (2d Cir.1980) (“We do not think that the First Amendment guarantees news publicity for speakers, nor does it guarantee the continued fervor of one’s fellow demonstrators.”), cer t. denied, 450 U.S. 913 , 101 S.Ct. 1352 , 67 L.Ed.2d 337 (1981).
discussed
Cited "see, e.g."
John Junior Dayse v. George Schuldt, Chief of Police
Compare Marrero v. City of Hialeah, 625 F.2d 499, 505-10 (5th Cir.1980), cert. denied, Rashkind v. Marrero, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (only qualified immunity relative to alleged participation in allegedly illegal search and seizure) with Cook v. Houston Post, 616 F.2d 791, 793 (5th Cir.1980) (absolute immunity relative to investigating “a criminal prosecution”).
discussed
Cited "see, e.g."
National Foods, Inc. v. Rubin
See also Marrero v. City of Hialeah, 625 F.2d 499, 513 (5th Cir.1980) (“The holding of Paul does not require the dismissal of appellants’ claims of injury to their personal and business reputations because ... appellants’ claims, unlike those in Paul , do involve deprivations of constitutionally protected interests.”), cer t. denied sub nom Rashkind v. Marrero, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981).
discussed
Cited "see, e.g."
Fraternal Order Of Police, Lodge No. 5 v. Kevin M. Tucker
See, e.g., Marrero v. City of Hialeah, 625 F.2d 499, 514 (5th Cir.1980), cert. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (where there is no deprivation of a liberty interest, plaintiffs may nevertheless recover for damages to their reputational interests occasioned by the denial of an independently secured contitutional right); see also Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir.1984) (compensatory damages for injury to reputation recoverable for violation of First Amendment rights). 41 C.
discussed
Cited "see, e.g."
Fraternal Order of Police, Lodge No. 5 v. Tucker
See, e.g., Marrero v. City of Hialeah, 625 F.2d 499, 514 (5th Cir.1980), ce rt. denied, 450 U.S. 913 , 101 S.Ct. 1353 , 67 L.Ed.2d 337 (1981) (where there is no deprivation of a liberty interest, plaintiffs may nevertheless recover for damages to their reputational interests occasioned by the denial of an independently secured contitutional right); see also Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir.1984) (compensatory damages for injury to reputation recoverable for violation of First Amendment rights).
discussed
Cited "see, e.g."
Prisoners Union v. Department of Corrections
(Id., at pp. 90-91; see also Albany Welfare Rights Organization v. Wyman (2d Cir. 1974) 493 F.2d 1319, 1323 , cert. den., 419 U.S. 838 [ 42 L.Ed.2d 64 , 95 S.Ct. 66 ] [urging welfare reform in the lobby of a welfare office].) Where the relevant audience is found only in a particular place, it has been suggested that “[t]he bare possibility of alternative ways to communicate the same message should not suffice to defeat the first amendment claim.” (Tribe, American Constitutional Law, supra, at p. 692.) Finally, even where alternative methods of communication are found to exist, and the regu…
Retrieving the full opinion text from the archive…
Penello
v.
United States
v.
United States
No. 80-773.
Supreme Court of the United States.
Feb 23, 1981.
C. A. 4th Cir. Certiorari denied.