CHALK

v.

SECRETARY OF LABOR ET AL.

Citator

Cited By

• Sch. Bd. OF Leon Cnty. v. Hargis, 400 So. 2d 103 (Fla. 1st DCA 1981)
  …n by showing, for instance, discriminatory intent. The employer may rebut the pretext charge by proof of absence of discriminatory motive. See also Chalk v. Secretary of Labor, U. S. Dept. of Labor, 565 F. 2d 764, 766-67 (D.C.Cir.1977), cert. den., 435 U.S. 945, 98 S.Ct. 1527, 55 L.Ed.2d 542 (1978). When the burden shifts initially after plaintiff establishes a prima facie case, the employer need not prove that it was actually motivated by articulated non-discriminatory reasons or that the hired applicant…
• United States v. Luschen, 614 F.2d 1164 (8th Cir. 1980)
  …d not meet the requirements to obtain a hearing. Finally, as the trial court ruled, the alleged omissions did not undermine probable cause. See also United States v. King, 567 F. 2d 785 (8th Cir. 1977), cert. denied sub nom. Lewis v. United States, 435 U.S. 945, 98 S.Ct. 1527, 55 L.Ed.2d 542 (1978), a pre-Franks decision where this court held on similar facts that a search warrant issued pursuant to the affidavit was not invalidated despite failure to state that another person also resided at that address,…
• United States v. ELK, 658 F.2d 644 (8th Cir. 1981)
  …guilty of the lesser offense. Keeble v. United States, 412 U.S. 205, 208, 93 S.Ct. 1993, 1995, 36 L.Ed.2d 844 (1973); United States v. Collins, 652 F. 2d 735 at 742 (8th Cir. 1981); United States v. King, 567 F. 2d 785, 790 (8th Cir.), cert. denied, 435 U.S. 945, 98 S.Ct. 1527, 55 L.Ed.2d 542 (1978); United States v. Brischetto, 538 F. 2d 208, 209 (8th Cir. 1976). In the present case the controversy concerning the propriety of lesser-included offense instructions centers on the third and fourth requirement…