TYLER

v.

DYER, CLERK, CIRCUIT COURT OF PLATTE COUNTY

Citator

Cited By

• United States v. Andreen, 628 F.2d 1236 (9th Cir. 1980)
  …Andreen’s conviction for aiding and abetting in the pension trust embezzlement under count 2, does not bar his conviction for conspiracy to commit that same crime under count 1. United States v. Chases, 558 F. 2d 912 (9th Cir. 1977), cert. denied, 434 U.S. 1036, 98 S.Ct. 771, 54 L.Ed.2d 783 (1978). We might add that the instant case provides a compelling example of the valid purpose behind the principle that a conspiracy is a separate substantive evil which justifies separate punishment. The existence of…
• United Elec. v. Litton Microwave Cooking Prods., 728 F.2d 970 (8th Cir. 1984)
  …n the agreement, a court may vacate a labor arbitrator’s punitive award. See, e.g., Westinghouse Electric Corp., Aerospace Division v. International Brotherhood of Electrical Workers, Local Union No. 1805, 561 F. 2d 521 (4th Cir.1977), cert. denied, 434 U.S. 1036, 98 S.Ct. 771, 54 L.Ed.2d 783 (1978). The court today justifies its decision on the unsupported assumption that the award was compensatory because employees were forced to take their vacation during the inventory shutdown. The record reflects, howe…
• Howard P. Foley Co. v. Int'l Bhd. OF Elec. Workers, 789 F.2d 1421 (9th Cir. 1986)
  …atory, there must be a causal relationship between the company’s violation of the agreement and the loss claimed by the employee. Westinghouse Electric Corp., Aerospace Division v. IBEW Local 1805, 561 F. 2d 521, 523-24 (4th Cir.1977), cert. denied, 434 U.S. 1036, 98 S.Ct. 771, 54 L.Ed.2d 783 (1978). An award that exceeds the monetary loss which an injured party suffered as a result of an agreement breach is considered punitive. Desert Palace, 679 F. 2d at 794 (citing Westinghouse, 561 F. 2d at 523-24). The…