MILLER

v.

UNITED STATES

Citator

Cited By

• Williams v. Jacksonville Terminal Co., 315 U.S. 386 (U.S. 1942)
  …he question of tips as wages was still an open one. On the ground that tips of the public were not wages paid by the employer, he gave judgment in favor of the redcaps. The Circuit Court of Appeals reversed, 118 F. 2d 328, and certiorari was denied. 313 U. S. 591. Because of the importance of the issues presented, on petition for rehearing certiorari was granted. 314 U. S. 701. Since the basic elements of Pickett’s case are no longer in dispute, the crucial issue again is whether the minimum wages were paid…
• Local P-171 v. Thompson Farms Co., 642 F.2d 1065 (7th Cir. 1981)
  …peal with the district court deprives that court of power to act further on the cause appealed from. In re Federal Facilities Realty Trust, 227 F. 2d 651, 652-54 (7 Cir. 1955); Miller v. United States, 114 F. 2d 267, 269 (7 Cir. 1940), cert. denied, 313 U.S. 591, 61 S.Ct. 1114, 85 L.Ed. 1545 (1941). According to that principle, the district court was without power to amend the order appealed from in any way after the notice of appeal was filed. But that principle has always been shot through with exceptio…
• Armstrong v. Bd. OF Sch. Directors OF the City OF Milwaukee, 616 F.2d 305 (7th Cir. 1980)
  …court. Elgin Manufacturing Corp. v. Ventfabrics, Inc., 314 F. 2d 440, 444 (7th Cir. 1963). A district court has no power to vacate a judgment once a notice of appeal has been filed. Miller v. U. S., 114 F. 2d 267, 269 (7th Cir. 1940), cert. denied, 313 U.S. 591, 61 S.Ct. 1114, 85 L.Ed. 1545 (1941). Thus, the district court clearly did not err in denying intervening class members’ motion to intervene for the purpose of seeking an order vacating the settlement since the court was without power to enter such…