green
Positive treatment
Quoted verbatim 2×
6.4 score
“the fact that the action complained of resulted from a vote of the members of the governing body is not dispositive, for in the exercise of non-legislative powers all corporate bodies require a vote of their governing bodies.”
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "but see"
Selch v. Letts
See Hudson, 913 F.2d at 432 (“seemingly inconsequential [local] matters such as potholes and street lights *1518 ... can be important political issues”); but cf. Abraham v. Pekarski, 537 F.Supp. 858, 865 (E.D.Pa.1982), aff'd, 728 F.2d 167 (3rd Cir.1984), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
examined
Cited as authority (quoted)
Akers v. West Virginia Department of Highways
(2×)
lthough he was vested with some discretion in the execution of his duties, such as determining which potholes should be filled, plaintiff's position did not empower him to make policy decisions
examined
Cited as authority (quoted)
Breck v. Ulmer
the fact that the action complained of resulted from a vote of the members of the governing body is not dispositive, for in the exercise of non-legislative powers all corporate bodies require a vote of their governing bodies.
discussed
Cited as authority (rule)
A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc.
Rogers Associates, Inc. v. Gardner-Denver Co., 718 F.2d 1431, 1434 (6th Cir.1983), cert. denied, 467 U.S. 1242 , 104-S.Ct. 3513, 82 L.Ed.2d 822 (1984). (10% to 15% share of the market not sufficient to create possibility of injury to competition).
cited
Cited "see"
Freeman v. McKellar
See Abraham v. Pekarski, 728 F.2d 167, 174 (3d Cir.), cert. denied, 467 U.S. 1242 , 104 5.Ct. 3513, 82 L.Ed.2d 822 (1984); See also Ryan v. Burlington County, 889 F.2d 1286, 1290 (3d Cir.1989).
cited
Cited "see"
Cullura v. School District of Bristol Township
Accord Abraham v. Pekarski, 728 F.2d 167 (3d Cir.1984), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
discussed
Cited "see"
Delores Simmons, Administratrix of the Estate of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. Panati, Badge No. 2587
(2×)
See Abraham v. Pekarski, 728 F.2d 167, 172-73 (3d Cir.) (“[A] Rule 50(b) motion for judgment notwithstanding the verdict may not be made on grounds that were not asserted in a motion for directed verdict.”), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984); cf. Lowenstein v. Pepsi-Cola Bottling Co. of Pennsauken, 536 F.2d 9 (3d Cir.) (holding that court may grant motion for j.n.o.v. only on basis of motion for directed verdict renewed at close of evidence and emphasizing that requirement avoids tactical victories at expense of substantive interests), cert. denied, 429 U…
discussed
Cited "see"
Bryant v. Nichols
See Abraham v. Pekarski, 728 F.2d 167, 174-75 (3rd Cir.1984) (“[i]t is only with respect to the legislative powers delegated to them by the state legislatures that the members of governing boards of municipal corporations enjoy legislative immunity”), cer t. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1985) Cf. Carroll v. City of Prattville, 653 F.Supp. 933, 941 (M.D.Ala.1987) (state law can serve as a guide to determine whether certain actions are within the legislative sphere).
discussed
Cited "see"
Meding v. Hurd
In either case, however, the sufficiency of the claim of entitlement must be decided by reference to state law.” Bishop v. Wood, 426 U.S. 341, 344 , 96 S.Ct. 2074, 2077 , 48 L.Ed.2d 684 ; accord Abraham v. Pekarski, 537 F.Supp. 858, 866-71 (E.D.Pa.1982) (Becker, J. sitting by designation), aff' d., 728 F.2d 167 (3d Cir.1984), cert. denied — U.S. -, 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
discussed
Cited "see"
Institutionalized Juveniles v. Secretary Of Public Welfare
See Abraham v. Pekarski, 728 F.2d 167, 175 (3d Cir.1984) ("Although Abraham did not prevail on each of his legal theories, he obtained the relief he sought," and so was entitled to attorney fees.), cert. denied, --- U.S. ----, 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984); Bagby v. Beal, 606 F.2d 411, 415 (3d Cir.1979) (the "definition [of 'prevailing party'] focuses not on the substantive merits of the plaintiff's claims, but rather on the relief ultimately received by the plaintiff").
discussed
Cited "see"
Institutionalized Juveniles v. Secretary of Public Welfare
See Abraham v. Pekarski, 728 F.2d 167, 175 (3d Cir.1984) (“Although Abraham did not prevail on each of his legal theories, he obtained the relief he sought,” and so was entitled to attorney fees.), cert. denied, — U.S.-, 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984); Bagby v. Beal, 606 F.2d 411, 415 (3d Cir.1979) (the “definition [of ‘prevailing party’] focuses not on the substantive merits of the plaintiff’s claims, but rather on the relief ultimately received by the plaintiff”).
cited
Cited "see, e.g."
Selch v. Letts
See also Abraham v. Pekarski, 537 F.Supp. 858 (E.D.Pa.1982), aff'd in part, 728 F.2d 167 (3rd Cir.), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
discussed
Cited "see, e.g."
Selch v. Letts
See also Abraham v. Pekarski, 537 F.Supp. 858 (E.D.Pa.1982), aff'd in part, 728 F.2d 167 (3rd Cir.), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984). 33 We have previously rejected this narrow view of the role of politics in the implementation of policy.
discussed
Cited "see, e.g."
Proffitt v. MUNICIPAL AUTH. OF BOR. OF MORRISVILLE
Plaintiffs will be prevailing parties even though the relief they obtained is not identical to the relief they specifically demanded, as long as the relief obtained is of the same general type. *848 758 F.2d 897 , 911-912 (3d Cir.1985); see also Abraham v. Perkarski, 728 F.2d 167, 175 (3d Cir.), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
discussed
Cited "see, e.g."
Calhoun v. Forester
Institutionalized Juveniles, 758 F.2d at 911 ; see also Abraham v. Pekarski, 728 F.2d 167, 175 (3d Cir.), cert. denied, 467 U.S. 1242 , 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984); Bagby v. Beal, 606 F.2d 411, 415 (3d Cir.1979).
cited
Cited "see, e.g."
Kennedy v. Hughes
See also Abraham v. Pekarski, 728 F.2d 167, 174 (3d Cir.), cert. denied, — U.S. -, 104 S.Ct. 3513 , 82 L.Ed.2d 822 (1984).
Retrieving the full opinion text from the archive…
D. E. Rogers Associates, Inc.
v.
Gardner-Denver Co.
v.
Gardner-Denver Co.
No. 83-1698.
Supreme Court of the United States.
Jun 11, 1984.
Published
Citer courts: West Virginia Supreme Court (2) · Alaska Supreme Court (1)
C. A. 6th Cir. Certiorari denied.