MAYNARD

v.

UNITED STATES

Citator

Cited By (34 total)

• In re the Complaint of William McLINN v. The F/V Fjord, 739 F.2d 1395 (9th Cir. 1984)
  …le means that as to matters of fact, the appellate court is bound by the trial court’s findings unless the appellant demonstrates that a finding is clearly erroneous. See Purer & Co. v. Aktiebolaget Addo, 410 F. 2d 871, 878 (9th Cir.), cert. denied, 396 U.S. 834, 90 S.Ct. 90, 24 L.Ed.2d 84 (1969). The rule recognizes that the district court is in a unique position to admit the evidence, hear the testimony, and evaluate the credibility and demeanor of witnesses. See, e.g., Inwood Laboratories, Inc. v. Ives L…
• LAM, Inc. v. Johns-Manville Corp. & Johns-Manville Sales Corp., 718 F.2d 1056 (Fed. Cir. 1983)
  …S. 1038, 90 S.Ct. 683, 24 L.Ed.2d 682 (1970). The amount of the award is assessed at the discretion of the district court. See American Safety, id., Purer & Co. v. Aktiebolaget Addo, 410 F. 2d 871, 880, 161 USPQ 270, 275-76 (9th Cir.), cert. denied, 396 U.S. 834, 90 S.Ct. 90, 24 L.Ed.2d 84 (1969). In determining the reasonableness of the award, there must be some evidence to support the reasonableness of, inter alia, the billing rate charged and the number of hours expended. See Codex Corp. v. Milgo Electro…
• Nazareth Reg'l High Sch. v. Nat'l Labor Relations Bd., 549 F.2d 873 (2d Cir. 1977)
  …bility, the members of the religious faculty are paid substantially less than the lay faculty. The NLRB has wide discretion in determining the appropriate bargaining unit, Wheeler-Van Lable Co. v. NLRB, 408 F. 2d 613, 616-17 (2d Cir.), cert. denied, 396 U.S. 834, 90 S.Ct. 90, 24 L.Ed.2d 84 (1969), and the exclusion of a group of employees because of substantial variance in pay scale was a proper exercise of discretion. The unit of non-supervisory, full-time, lay faculty is appropriate. . Petitioner also cl…