NATIONAL LABOR RELATIONS BOARD

v.

DECATURVILLE SPORTSWEAR CO., INC., ET AL.

Citator

Cited By (37 total)

• Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271 (U.S. 1988)
  …n procedural problems by the application of labels which have no currency, but also of considering the nature of law suits which were never brought.” Diematic Manufacturing Corp. v. Packaging Industries, Inc., 516 F. 2d 975, 978 (CA2), cert. denied, 423 U. S. 913 (1975). The task of characterizing stays as based in either law or equity has proved equally intractable. In an early case applying the doctrine, for example, this Court held that [*285] a stay of an action at law pending arbitration is appealable…
• In re Mobile Steel Co. v. Lester Y. Diamond in Bankr. for Mobile Steel, Inc., 563 F.2d 692 (5th Cir. 1977)
  …ounds, though broad, Sampsell v. Imperial Paper & Color Corp., 313 U.S. at 219) 61 S.Ct. at 907, 85 L.Ed. at 1298, is not unlimited. In re Ahlswede, 516 F. 2d 784, 787 (9th Cir. 1975), cert. denied sub nom. Stebbins v. CrockerCitizens National Bank, 423 U.S. 913, 96 S.Ct. 218, 46 L.Ed.2d 142 (1975). It confronts two principal bounds. First equitable considerations can justify only the subordination of claims, not their disallowance. “A claim that for reasons of equity must be postponed should be allowed, a…
• Hartford Fin. Sys., Inc. v. Fla. Software Servs., Inc., 712 F.2d 724 (1st Cir. 1983)
  …ent as legal or equitable by asking about the nature of the suit that “would have been brought” were declaratory relief not available. See, e.g., Diematic Manufacturing Corp. v. Packaging Industries, Inc., 516 F. 2d 975, 978 (2d Cir.), cert. denied, 423 U.S. 913, 96 S.Ct. 217, 46 L.Ed.2d 141 (1975); Wallace v. Norman Industries, Inc., 467 F. 2d 824, 827 (5th Cir.1972); American Safety Equipment Corp. v. J.P. Maguire & Co., 391 F. 2d at 824. But we shall not. Rather, we shall assume, for the sake of argument…