DAVIS

v.

HARPER, CORRECTION COMMISSIONER

Citator

Cited By (16 total)

• Rehmar v. Smith, 555 F.2d 1362 (9th Cir. 1976)
  …administration indicate that the analogy to collective bargaining is not perfect. See id. at 923-25. Indeed, some courts have rejected the analogy outright. E. g. Miniard v. Lewis, 128 U.S.App.D.C. 299, 387 F. 2d 864, 865 n. 5 (1967), cert, denied, 393 U.S. 873, 89 S.Ct. 166, 21 L.Ed.2d 144 (1968). The only statements of the Supreme Court on the issue are against the trustees’ position. The Court has said that “the union’s role in the administration of the fund is of a far different order from its duties…
• United States v. Lincoln, 630 F.2d 1313 (8th Cir. 1980)
  …he jurors that they should disregard any reference to matters in counsel’s argument that [was] not supported by the evidence. This would have cured any prejudicial error. See Clark v. United States, 391 F. 2d 57, 60-61 (8th Cir. 1968), cert. denied, 393 U.S. 873, [89 S.Ct. 165, 21 L.Ed.2d 143] (1968); United States v. Parker, 549 F. 2d 1217, 1222-23 (9th Cir. 1977), cert. denied, 430 U.S. 971, [97 S.Ct. 1659, 52 L.Ed.2d 365] (1977). In light of these circumstances, the court holds that the prosecutor’s stat…
• Gordon v. Ilwu-Pma Benefit Funds, 616 F.2d 433 (9th Cir. 1980)
  …. Rehmar v. Smith, 555 F. 2d at 1372. Where the rules are susceptible to more than one reasonable interpretation, the court may not substitute its judgment for that of the trustees. Miniard v. Lewis, 387 F. 2d 864, 865 (D.C.Cir. 1967), cert. denied, 393 U.S. 873, 89 S.Ct. 166, 21 L.Ed.2d 144 (1968). The district court recognized that the substance of the trustees’ position was reasonable and in conformance with the purpose of Program III, which was to provide benefits for qualified surviving dependents (i.…