INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1547, AFL-CIO
v.
NATIONAL LABOR RELATIONS BOARD

U.S. | 1978-06-05
No. 77-1347
436 U.S. 944 Supreme Court of the United States (1978) Positive Treatment
Cited by 3 cases

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  • …on should be given retroactive effect, therefore, are also relevant to determining whether a new interpretation should be applied retroactively. Id. See Anderson, Clayton & Co. v. United States, 562 F. 2d 972, 985 n.30 (5th Cir. 1977), cert. denied, 436 U.S. 944, 98 S.Ct. 2845, 56 L.Ed.2d 785 (1978). . Appellant concedes that, “‘It is retroactive change of settled law, not retroactive settling of unsettled law, which may produce unjust results.’ ” Brief of Appellant at 21 (quoting K. Davis, Administrative…
  • …it retroactively reversed the law created by the 1981 BIA ruling” and “retroactively declared the contract between AMA and the Tribe null and void.” AMA relies on Anderson, Clayton & Co. v. United States, 562 F. 2d 972 (5th Cir.1977), cert. denied, 436 U.S. 944, 98 S.Ct. 2845, 56 L.Ed.2d 785 (1978), for this novel proposition. In Anderson, a taxpayer objected to the court giving retroactive effect to a Treasury Regulation it claimed was legislative in nature as opposed to merely interpretive. 562 F. 2d at…
  • Dillon Ranch Supply v. United States, 652 F.2d 873 (9th Cir. 1981)
    …opted pursuant to proper procedure, and are reasonable, have the force of law. United States v. California Portland Cement Company, 413 F. 2d 161 (9th Cir. 1969); Anderson, Clayton & Co. v. United States, 562 F. 2d 972 (5th Cir. 1977), cert. denied, 436 U.S. 944, 98 S.Ct. 2845, 56 L.Ed.2d 785 (1978). Moreover, the United States Supreme Court in United States v. Correll, 389 U.S. 299, 88 S.Ct. 445,19 L.Ed.2d 537 (1967), emphasized the role of the courts in construing Treasury Regulations: Congress has deleg…

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