United States v City of Yonkers 23

856 F2d 444; 57 USLW 2154

United States Court of Appeals, Second Circuit

United States

26th August, 1988

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text	Citation Index †
Spallone v United States	493 US 265; 107 L Ed 2d 644; 110 SCt 625; 58 USLW 4103	United States Supreme Court	United States	10 Jan 1990	WorldLII	46
Stone v City and County of San Francisco	968 F2d 850; 24 Fed RServ3d 98	United States Court of Appeals, Ninth Circuit	United States	25 Aug 1992	WorldLII	33
Stella v Kelley	63 F3d 71	United States Court of Appeals, First Circuit	United States	23 Aug 1995	WorldLII	23
Ohlander v Larson	114 F3d 1531; 38 Fed RServ3d 643; 65 USLW 2808	United States Court of Appeals, Tenth Circuit	United States	3 Jun 1997	WorldLII	15
Scott-Harris v City of Fall River Scott-Harris	134 F3d 427; 36 Fed RServ3d 1150	United States Court of Appeals, First Circuit	United States	9 Mar 1998	WorldLII	13
Miller v Town of Hull	878 F2d 523	United States Court of Appeals, First Circuit	United States	21 Jun 1989	WorldLII	13
Schoenberg v Shapolsky Publishers Incorporated a	971 F2d 926; 119 ALRFed 723	United States Court of Appeals, Second Circuit	United States	6 Aug 1992	WorldLII	12
Baker v Mayor and City Council of Baltimore	894 F2d 679; 52 Empl Prac Dec P 39,606; 51 Fair Empl Prac Cas 1871	United States Court of Appeals, Fourth Circuit	United States	23 Feb 1990	WorldLII	12
Goldberg v Town of Rocky Hill	973 F2d 70	United States Court of Appeals, Second Circuit	United States	10 Aug 1992	WorldLII	10
Gregory v Depte	896 F2d 31	United States Court of Appeals, Third Circuit	United States	14 Feb 1990	WorldLII	10
Dove III Nl v Atlantic Capital Corporation	963 F2d 15; 22 Fed RServ3d 874	United States Court of Appeals, Second Circuit	United States	28 Apr 1992	WorldLII	8
Gross v P Winter	876 F2d 165; 277 USApp DC 406; 50 Empl Prac Dec P 39,054; 49 Fair Empl Prac Cas 1588	United States Court of Appeals, District of Columbia Circuit	United States - District of Columbia	26 May 1989	WorldLII	7
Mercer v Mitchell	908 F2d 763	United States Court of Appeals, Eleventh Circuit	United States	4 Oct 1990	WorldLII	6
United States v International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America	899 F2d 143; 116 Lab Cas 10,199	United States Court of Appeals, Second Circuit	United States	8 Mar 1990	WorldLII	6
His Individual and Official Capacities, Defendants	263 F3d 1041	United States Court of Appeals, Ninth Circuit	United States	31 Aug 2001	WorldLII	5
Carlos v Santos	123 F3d 61	United States Court of Appeals, Second Circuit	United States	15 Aug 1997	WorldLII	5
Whitfield Pl v Democratic Party of Arkansas	890 F2d 1423; 58 USLW 2364	United States Court of Appeals, Eighth Circuit	United States	7 Dec 1989	WorldLII	5
United States v Yonkers Board of Education	902 F2d 213; 60 Ed Law Rep 384; 16 Fed RServ3d 1160	United States Court of Appeals, Second Circuit	United States	2 May 1990	WorldLII	4
Fonar Corporation v Magnetic Resonance Plus Inc	128 F3d 99; 44 USPQ2d 1530; 38 Fed RServ3d 1184	United States Court of Appeals, Second Circuit	United States	17 Oct 1997	WorldLII	3
Spallone v United States a-172 Longo	487 US 1251; 101 L Ed 2d 964; 109 SCt 14	United States Supreme Court	United States	1 Sep 1988	WorldLII	3
United States v Mongelli	2 F3d 29	United States Court of Appeals, Second Circuit	United States	23 Aug 1993	WorldLII	2
United States v Yonkers Board of Education	927 F2d 85	United States Court of Appeals, Second Circuit	United States	4 Mar 1991	WorldLII	2
UNITED STATES OF AMERICA, Plaintiff Appellee, v SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Third-Party Defendant SHIRLEY C BROWN, in her capacity as a member of the State Board of Regents; LORA BRADLEY CHODOS, in her official capacity as a member of the State Board of Regents; THOMAS FREY, in his official capacity as a member of the State Board of Regents; WILLARD A GENRICH, In his official capacity as a member of the State Board of Regents; NORMA GLUCK; EMLYN I GRIFFITH, in her official capacity as a member of the State Board of Regents; FLOYD S LINTON, in his official capacity as a member of the State Board of Regents; VINCENT TESE; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SAMUEL PIERCE; SALVADORE SCLAFINI, in his official capacity as a member of the State Board of Regents; THOMAS SOBOL; MARIO CUOMO; MARTIN C BARRELL, in his official capacity as a member of the State Board of Regents; JAMES MCCABE, SR , in his official capacity as a member of the State Board of Regents; MIMI LEVIN LIEBER, in her official capacity as a member of the State Board of Regents; YONKERS COMMUNITY DEVELOPMENT AGENCY, Defendants Appellees, CITY OF YONKERS; Defendant Appellant Cross Appellee, YONKERS BOARD OF EDUCATION, Defendants Appellants, v YONKERS FEDERATION OF TEACHERS; Intervenor Defendant YONKERS BRANCH NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Intervenor Plaintiff Appellee Cross Appellant, R CARLOS CARBALLADA, in his official capacity as a member of the State Board of Regents; LOUISE P MATTEONI, in his official capacity as member of the State Board of Regents; EDWARD MEYER, in his official capacity as a member of the State Board of Regents; JORGE L BATTISTA, in his official capacity as a member of the State Board of Regents; NEW YORK; BOARD OF REGENTS OF NEW YORK; ADELAIDE L SANFORD, in her official capacity as a member of the State Board of Regents; URBAN DEVELOPMENT CORPORATION OF NEW YORK; GEORGE PATAKI, as Governor of New York; R		United States Court of Appeals, Second Circuit	United States	5 Jan 2001	WorldLII

Legislation Cited

Legislation Name	Provision
Constitution
Constitution

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text	Citation Index †
Hubbard v United States	456 US 926; 102 SCt 1971; 72 L Ed 2d 440	United States Supreme Court	United States		Westlaw	96
466 US 936	466 US 936; 100 SCt 2154	United States Supreme Court	United States		Westlaw	92
Reed v Village of Shorewood	704 F2d 943	United States Court of Appeals, Seventh Circuit	United States	7 Jul 1983	WorldLII	88
Valdes v United States	459 US 832; 74 L Ed 2d 71; 103 SCt 73	United States Supreme Court	United States		Westlaw	80
Ciuzio v United States	416 US 995; 94 SCt 2409; 40 L Ed 2d 774	United States Supreme Court	United States	17 Jun 1974	WorldLII	74
per curiam	365 US 567; 81 SCt 755; 188 FSupp 916; 5 L Ed 2d 806	United States Supreme Court	United States	20 Mar 1961	WorldLII	65
Sun Pipe Line Co v EPA	486 US 1055; 100 L Ed 2d 922; 108 SCt 2821	United States Supreme Court	United States		Westlaw	65
Jones v Diamond	519 F2d 1090	United States Court of Appeals, Fifth Circuit	United States	26 Sep 1975	WorldLII	56
Spallone v United States	493 US 265; 107 L Ed 2d 644; 110 SCt 625; 58 USLW 4103	United States Supreme Court	United States	10 Jan 1990	WorldLII	46
Hernandez v City of Lafayette	643 F2d 1188		United States	circa 1990	Westlaw	46
sub nom Marsh v Curry	409 US 1042; 34 L Ed 2d 491; 93 SCt 529	United States Supreme Court	United States	circa 1990	Westlaw	46
Bankers Life & Casualty Co v Crenshaw	486 US 71; 100 L Ed 2d 62; 108 SCt 1645	United States Supreme Court	United States	16 May 1988	WorldLII	45
United States v Yonkers Board of Education	56 USLW 2392	United States Court of Appeals, Second Circuit	United States	28 Dec 1987	WorldLII	44
International Business Machines Corporation v United States	493 F2d 112	United States Court of Appeals, Second Circuit	United States	13 May 1974	WorldLII	40
Gorman Towers, Inc v Bogoslavsky	626 F2d 607	United States Court of Appeals, Eighth Circuit	United States	22 Jul 1980	WorldLII	39
Kuzinich v County of Santa Clara	689 F2d 1345	United States Court of Appeals, Ninth Circuit	United States	24 Jan 1983	WorldLII	37
Fils SA v Carousel Handbags	592 F2d 126	United States Court of Appeals, Second Circuit	United States	1 Feb 1979	WorldLII	37
cert denied	460 US 1039; 103 SCt 1431; 75 L Ed 2d 791	United States Supreme Court	United States	circa 1990	Westlaw	35
Stone v City and County of San Francisco	968 F2d 850; 24 Fed RServ3d 98	United States Court of Appeals, Ninth Circuit	United States	25 Aug 1992	WorldLII	33
Cobb v City of Malden	202 F2d 701	United States Court of Appeals, First Circuit	United States	13 Mar 1953	WorldLII	33
United States v City of Parma	661 F2d 562	United States Court of Appeals, Sixth Circuit	United States	14 Oct 1981	WorldLII	32
Espanola Way Corporation v Meyerson	690 F2d 827	United States Court of Appeals, Eleventh Circuit	United States	1 Nov 1982	WorldLII	30
Aitchison v Raffiani	708 F2d 96		United States	circa 1992	Westlaw	30
Bruce v Riddle	631 F2d 272	United States Court of Appeals, Fourth Circuit	United States	10 Sep 1980	WorldLII	26
Lakeside Bridge Steel Co v Mountain State Construction Co Inc	445 US 907; 63 L Ed 2d 325; 100 SCt 1087	United States Supreme Court	United States	25 Feb 1980	WorldLII	24
Williams v Anderson	562 F2d 1081; 17 Fair Empl Prac Cas 1772	United States Court of Appeals, Eighth Circuit	United States	31 Aug 1977	WorldLII	24
Stella v Kelley	63 F3d 71	United States Court of Appeals, First Circuit	United States	23 Aug 1995	WorldLII	23
Re Grand Jury Proceedings Involving Eve Rosahn	671 F2d 690; 8 Media LRep 1187	United States Court of Appeals, Second Circuit	United States	29 Jan 1982	WorldLII	20
Binks Mfg Co v Ransburg Electro-Coating Corporation	366 US 211; 191 FSupp 871; 6 L Ed 2d 239; 81 SCt 1091	United States Supreme Court	United States	8 May 1961	WorldLII	20
Matter of Kitchen	706 F2d 1266	United States Court of Appeals, Second Circuit	United States	27 Apr 1983	WorldLII	19
Matter of Thomas Di Bella a Grand Jury Witness	518 F2d 955	United States Court of Appeals, Second Circuit	United States	8 Jul 1975	WorldLII	19
365 US 569; 81 SCt 754; 5 l Ed 2d 806	365 US 569; 81 SCt 754; 5 L Ed 2d 806	United States Supreme Court	United States	circa 1975	Westlaw	18
Perfect Fit Industries Inc v Acme Quilting Co Inc	673 F2d 53	United States Court of Appeals, Second Circuit	United States	5 Mar 1982	WorldLII	17
Ohlander v Larson	114 F3d 1531; 38 Fed RServ3d 643; 65 USLW 2808	United States Court of Appeals, Tenth Circuit	United States	3 Jun 1997	WorldLII	15
Denny v Bush	367 US 908; 6 L Ed 2d 1249; 81 SCt 1917; 194 FSupp 182	United States Supreme Court	United States	circa 1997	Westlaw	15
Scott-Harris v City of Fall River Scott-Harris	134 F3d 427; 36 Fed RServ3d 1150	United States Court of Appeals, First Circuit	United States	9 Mar 1998	WorldLII	13
Miller v Town of Hull	878 F2d 523	United States Court of Appeals, First Circuit	United States	21 Jun 1989	WorldLII	13
Schoenberg v Shapolsky Publishers Incorporated a	971 F2d 926; 119 ALRFed 723	United States Court of Appeals, Second Circuit	United States	6 Aug 1992	WorldLII	12
Baker v Mayor and City Council of Baltimore	894 F2d 679; 52 Empl Prac Dec P 39,606; 51 Fair Empl Prac Cas 1871	United States Court of Appeals, Fourth Circuit	United States	23 Feb 1990	WorldLII	12
United States v Yonkers Bd of Educ	635 FSupp 1538		United States	circa 1990	Westlaw	12
United States v Dien	598 F2d 743	United States Court of Appeals, Second Circuit	United States	2 May 1979	WorldLII	11
Goldberg v Town of Rocky Hill	973 F2d 70	United States Court of Appeals, Second Circuit	United States	10 Aug 1992	WorldLII	10
Gregory v Depte	896 F2d 31	United States Court of Appeals, Third Circuit	United States	14 Feb 1990	WorldLII	10
635 FSupp 1577	635 FSupp 1577		United States	circa 1990	Westlaw	10
Dole Fresh Fruit Co v United Banana Co	821 F2d 106	United States Court of Appeals, Second Circuit	United States	8 Jun 1987	WorldLII	9
Dove III Nl v Atlantic Capital Corporation	963 F2d 15; 22 Fed RServ3d 874	United States Court of Appeals, Second Circuit	United States	28 Apr 1992	WorldLII	8
Gross v P Winter	876 F2d 165; 277 USApp DC 406; 50 Empl Prac Dec P 39,054; 49 Fair Empl Prac Cas 1588	United States Court of Appeals, District of Columbia Circuit	United States - District of Columbia	26 May 1989	WorldLII	7
Mercer v Mitchell	908 F2d 763	United States Court of Appeals, Eleventh Circuit	United States	4 Oct 1990	WorldLII	6
United States v International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America	899 F2d 143; 116 Lab Cas 10,199	United States Court of Appeals, Second Circuit	United States	8 Mar 1990	WorldLII	6
Curry v Gillette	461 F2d 1003	United States Court of Appeals, Sixth Circuit	United States	14 Jun 1972	WorldLII	6
His Individual and Official Capacities, Defendants	263 F3d 1041	United States Court of Appeals, Ninth Circuit	United States	31 Aug 2001	WorldLII	5
Carlos v Santos	123 F3d 61	United States Court of Appeals, Second Circuit	United States	15 Aug 1997	WorldLII	5
Whitfield Pl v Democratic Party of Arkansas	890 F2d 1423; 58 USLW 2364	United States Court of Appeals, Eighth Circuit	United States	7 Dec 1989	WorldLII	5
Arthur v P Nyquist D	712 F2d 809; 12 Ed Law Rep 656	United States Court of Appeals, Second Circuit	United States	22 Jul 1983	WorldLII	5
United States v Yonkers Board of Education	902 F2d 213; 60 Ed Law Rep 384; 16 Fed RServ3d 1160	United States Court of Appeals, Second Circuit	United States	2 May 1990	WorldLII	4
Star Distributors Ltd v J Marino T F	613 F2d 4; 57 ALRFed 494	United States Court of Appeals, Second Circuit	United States	2 Jan 1980	WorldLII	4
Progress Development Corporation v C Mitchell	[1961] USCA7 27	United States Court of Appeals, Seventh Circuit	United States	27 Jan 1961	WorldLII	4
Fonar Corporation v Magnetic Resonance Plus Inc	128 F3d 99; 44 USPQ2d 1530; 38 Fed RServ3d 1184	United States Court of Appeals, Second Circuit	United States	17 Oct 1997	WorldLII	3
Spallone v United States a-172 Longo	487 US 1251; 101 L Ed 2d 964; 109 SCt 14	United States Supreme Court	United States	1 Sep 1988	WorldLII	3
United States v Yonkers Board of Education	624 FSupp 1276-1553		United States	circa 1988	Westlaw	3
United States v Mongelli	2 F3d 29	United States Court of Appeals, Second Circuit	United States	23 Aug 1993	WorldLII	2
United States v Yonkers Board of Education	927 F2d 85	United States Court of Appeals, Second Circuit	United States	4 Mar 1991	WorldLII	2
6 Wheat 61	6 Wheat 61		United States	circa 1991		2
UNITED STATES OF AMERICA, Plaintiff Appellee, v SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Third-Party Defendant SHIRLEY C BROWN, in her capacity as a member of the State Board of Regents; LORA BRADLEY CHODOS, in her official capacity as a member of the State Board of Regents; THOMAS FREY, in his official capacity as a member of the State Board of Regents; WILLARD A GENRICH, In his official capacity as a member of the State Board of Regents; NORMA GLUCK; EMLYN I GRIFFITH, in her official capacity as a member of the State Board of Regents; FLOYD S LINTON, in his official capacity as a member of the State Board of Regents; VINCENT TESE; UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SAMUEL PIERCE; SALVADORE SCLAFINI, in his official capacity as a member of the State Board of Regents; THOMAS SOBOL; MARIO CUOMO; MARTIN C BARRELL, in his official capacity as a member of the State Board of Regents; JAMES MCCABE, SR , in his official capacity as a member of the State Board of Regents; MIMI LEVIN LIEBER, in her official capacity as a member of the State Board of Regents; YONKERS COMMUNITY DEVELOPMENT AGENCY, Defendants Appellees, CITY OF YONKERS; Defendant Appellant Cross Appellee, YONKERS BOARD OF EDUCATION, Defendants Appellants, v YONKERS FEDERATION OF TEACHERS; Intervenor Defendant YONKERS BRANCH NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Intervenor Plaintiff Appellee Cross Appellant, R CARLOS CARBALLADA, in his official capacity as a member of the State Board of Regents; LOUISE P MATTEONI, in his official capacity as member of the State Board of Regents; EDWARD MEYER, in his official capacity as a member of the State Board of Regents; JORGE L BATTISTA, in his official capacity as a member of the State Board of Regents; NEW YORK; BOARD OF REGENTS OF NEW YORK; ADELAIDE L SANFORD, in her official capacity as a member of the State Board of Regents; URBAN DEVELOPMENT CORPORATION OF NEW YORK; GEORGE PATAKI, as Governor of New York; R		United States Court of Appeals, Second Circuit	United States	5 Jan 2001	WorldLII

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