green
Positive treatment
Quoted verbatim 1×
4.7 score
“holmes i”
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Amberg v. Federal Deposit Insurance Corporation
In Diefenthal v. Civil Aeronautics Bd., 681 F.2d 1039 (5th Cir.1982), cert. denied, 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983), this court, commenting on the discretion which is usually accorded administrative agencies, stated, 35 It was precisely because Congress could not be aware of the particular problems or needs that would develop in an area that it delegated authority to the agencies, within the broad confines of the statutory scheme, to deal with these problems as they arose. 36 Id. at 1044.
discussed
Cited as authority (rule)
Peters v. Pumpkin Air, Inc.
As stated by the Fifth Circuit in Diefenthal v. Civil Aeronautics Board, 681 F.2d 1039 (5th Cir.1982), cert. denied, 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983), “the party invoking the court’s jurisdiction bears the burden of ‘allegpng] with sufficient particularity the facts creating jurisdiction’ and of ‘supportpng] the allegation’ if challenged.” Id. at 1052, citing St.
discussed
Cited "see"
Kennard v. Indianapolis Life Insurance
See Diefenthal v. Civil Aeronautics Board, 681 F.2d 1039, 1053 (5th Cir.1982) (“the party invoking the court’s jurisdiction has the burden of establishing the factual basis of his claim by pleading or affidavit”) (emphasis added), cert. denied, 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983); 14B Wright & Miller § 3702 (3d ed.1998) at 57-59 (“Typically the district court will rely upon the pleadings, but there often is other information before the court, such as discovery material and any affidavits....”); Cleveland Construction, Inc. v. Centex Construction Company, Inc., No. …
cited
Cited "see"
Meyer v. Norman
See White v. Board of Trustees of Western Wyoming Community College District, 648 P.2d 528 (Wyo.1982), cert, denied 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983).
discussed
Cited "see"
Warren v. Colombo
See Olsen v. United States, 521 F.Supp. 59, 63 (E.D.Pa. 1981), aff'd without op., 688 F.2d 820 (3d Cir.1982), cert. denied, 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983) ("second collision" doctrine does not have a life of its own but is applicable in cases tried on negligence theory); Fox v. Ford Motor Co., 575 F.2d 774 , 787 (10th Cir.1978) (orthodox tort principles can be routinely applied to enhanced injury litigation); but see Huddell v. Levin, 537 F.2d 726, 742 (3d Cir. 1976) (the concept of second collision liability is sui generis and common law doctrines of negligence are of n…
discussed
Cited "see, e.g."
Meyer v. Rodabaugh
Of more import, however, is whether Meyer is in a position to attack the discretionary ruling. “[T]he appropriate response from a surprised party who wishes to counter testimony is a request for a continuance, and the failure to request one precludes a claim of prejudice.” Betts v. Crawford, 965 P.2d 680, 685 (Wyo.1998); see also White v. Board of Trustees of Western Wyoming Community College Dist., 648 P.2d 528, 537 (Wyo.1982), cert. denied, 459 U.S. 1107 , 103 S.Ct. 732 , 74 L.Ed.2d 956 (1983).
Retrieving the full opinion text from the archive…
Shay
v.
Texas
v.
Texas
No. 82-808.
Supreme Court of the United States.
Jan 10, 1983.
Published
Citer courts: Fifth Circuit (1)
Ct. App. Tex., 5th Sup. Jud. Dist. Certiorari denied.