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Positive treatment
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5.6 score
“construction of an indemnity agreement generally is a question of law for the court applying generalized principles of contract construction.”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Reliance Ins. Co. v. First Liberty Bank
construction of an indemnity agreement generally is a question of law for the court applying generalized principles of contract construction.
discussed
Cited "see"
Manakee Professional Medical Transfer Service, Inc. v. Shalala
See National Kidney Patients Ass’n v. Sullivan, 958 F.2d 1127, 1132-34 (D.C.Cir.1992) (in Medicare Part B dispute, district court lacked subject matter jurisdiction where providee failed to present its claim to carrier as required), cert. denied, 506 U.S. 1049 , 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
discussed
Cited "see"
Manakee Professional Medical Transfer Service, Inc. v. Donna E. Shalala
See National Kidney Patients Ass'n v. Sullivan, 958 F.2d 1127, 1132-34 (D.C.Cir.1992) (in Medicare Part B dispute, district court lacked subject matter jurisdiction where providee failed to present its claim to carrier as required), cert. denied, 506 U.S. 1049 , 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993). 23 Plaintiffs concede that they have not pressed their claims through the administrative review process and have not received a final decision from the Secretary, but they argue that the exhaustion requirement of Sec. 405(g) should be waived.
discussed
Cited "see"
United States v. Donial Davis
See Bankatlantic v. Blythe Eastman Paine Webber, Inc., 955 F.2d 1467, 1476 (11th Cir.1992) ("When a witness admits making a prior inconsistent statement, extrinsic proof of the statement is excludable."), cert. denied, 113 S.Ct. 966 (1993); United States v. Soundingsides, 820 F.2d 1232, 1241 (10th Cir.1987) ("If a witness admits making prior inconsistent statements, 'there is no necessity for further proof, as by the admission of the prior inconsistent written statement.' "); but see United States v. Lashmett, 965 F.2d 179, 182-83 (7th Cir.1992) (holding that extrinsic evidence of a prior inco…
cited
Cited "see"
60 Fair empl.prac.cas. (Bna) 822, 60 Empl. Prac. Dec. P 41,990, 37 Fed. R. Evid. Serv. 980 Issiah Ross, Jr., Eddie Slaughter, William Morgan Porter, Johnnie Lee Palms, James C. Homer, John W. Taylor, Vernon Alexander Putman, Hosey J. White, Jr., Franklin Roosevelt Scott, Gerry Plant, Tabitha Herring, George Rumph, Nanette Tyson v. Buckeye Cellulose Corporation, William Morgan Porter v. Buckeye Cellulose Corporation, Issiah Ross, Jr. v. Buckeye Cellulose Corporation, Issiah Ross, Jr., Cross-Appellants v. Buckeye Cellulose Corporation, Cross-Appellee. Issiah Ross, Jr., Johnnie Lee Palms, James C. Homer, John W. Taylor, Gerry Plant, Tabitha Herring, Cross-Appellants v. Buckeye Cellulose Corporation, Cross-Appellee
See BankAtlantic v. Blythe Eastman Paine Webber, Inc., 955 F.2d 1467, 1474 (11th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
cited
Cited "see"
Ross v. Buckeye Cellulose Corp.
See BankAtlantic v. Blythe Eastman Paine Webber, Inc., 955 F.2d 1467, 1474 (11th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
discussed
Cited "see, e.g."
King v. Baylor University
See Eiland, 764 S.W.2d at 838 (“A basic requisite of a contract is an intent to be bound, and the catalog’s express language negates, as a matter of law, an inference of such intent on the part of the university.”); see also Tobias v. Univ. of Tex. at Arlington, 824 S.W.2d 201, 211 (Tex. App.—Fort Worth 1991), cert. denied, 506 U.S. 1049 , 113 S. Ct. 966 (1993) (citations omitted).
discussed
Cited "see, e.g."
Burnett v. College of the Mainland
Ctr. at Houston v. Babb, 646 S.W.2d 502, 506 (Tex.App.Houston [1st Dist.] 1982, no writ) (finding that school catalog was an express contract where it assured students that it would remain in effect through the students’ completion of the program); compare Tobias v. Univ. of Tex. at Arlington, 824 S.W.2d 201, 211 (Tex.App.-Fort Worth 1991), cert. denied, 506 U.S. 1049 , 113 S.Ct. 966 , 122 L.Ed.2d 122 (finding that school catalog was not binding contract because of catalog’s disclaimer that its provisions did not “constitute a contract, express or implied”).
discussed
Cited "see, e.g."
South Central Tennessee Railroad Authority v. Harakas
See, e.g., National Kidney Patients Ass’n v. Sullivan, 958 F.2d 1127, 1134 (D.C.Cir.1992) (a “defendant injured by a wrongfully issued preliminary injunction is presumptively entitled to recovery on the injunction bond”), cert. denied, 506 U.S. 1049 , 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
cited
Cited "see, e.g."
NMC Homecare, Inc. v. Shalala
See also National Kidney Patients Association v. Sullivan, 958 F.2d 1127, 1130 (D.C.Cir.1992), cert. denied, 506 U.S. 1049 , 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
discussed
Cited "see, e.g."
Nintendo of America, Inc. v. Lewis Galoob Toys, Inc.
See, e.g., National Kidney Patients Ass’n v. Sullivan, 958 F.2d 1127, 1134 (D.C.Cir.1992) (a “defendant injured by a wrongfully issued preliminary injunction is *1037 presumptively entitled to recovery on the injunction bond”), cert. denied, — U.S. -, 113 S.Ct. 966 , 122 L.Ed.2d 122 (1993).
Retrieving the full opinion text from the archive…
National Kidney Patients Assn.
v.
Sullivan, Secretary of Health and Human Services
v.
Sullivan, Secretary of Health and Human Services
No. 92-569.
Supreme Court of the United States.
Jan 11, 1993.
Published
Citer courts: M.D. Georgia (1)
C. A. D. C. Cir. Certiorari denied.