HINDES ET UX.
v.
UNITED STATES

U.S. | 1964-04-20
No. 895
377 U.S. 908 Supreme Court of the United States (1964) Positive Treatment
Cited by 30 cases

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Cited By (29 total)

  • Church OF Scientology OF Cal. v. Cazares, 638 F.2d 1272 (5th Cir. 1981)
    …s.” Under Fed.R.Civ.P. 52(a), findings of fact are not necessary for decisions granting summary judgment.8 It is only necessary that there be no genuine issue as to any material fact. Hindes v. United States, 326 F. 2d 150 (5th Cir.), cert. denied, 377 U.S. 908, 84 S.Ct. 1168, 12 L.Ed.2d 178 (1964). Here the court determined: The Court has examined the record in this case carefully and has found no genuine issue of material fact to exist as to Count I. The Court finds only matters of law to be determined.…
  • …the present rate was established by the Company in violation of its agreement.14 This court made a similar distinction in a prior litigation involving the present parties. In Carey v. General Electric Co., 315 F. 2d 499 (2d Cir. 1963), cert. denied, 377 U.S. 908, 84 S.Ct. 1162, 12 L.Ed.2d 179 (1964), the Company contended that a provision in its 1960 Agreement with the Union: It is specifically agreed that no arbitrator shall have the authority to establish or modify any wage, salary or piece rate, or job…
  • …ty may concede that there is no issue if his legal theory is accepted and yet maintain that there is a genuine dispute as to material facts if his opponent’s theory is adopted. Hindes v. United States, 326 F. 2d 150, 152 (5 Cir. 1964), cert. denied, 377 U.S. 908, 84 S.Ct. 1168, 12 L.Ed.2d 178; 3 Barron and Holtzoff § 1239 (Wright ed. 1958). In order to grant a motion for summary judgment it must be shown “that there is no genuine issue as to any material fact.” Fed.R.Civ.P. 56(c). Not merely must the hi…

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