SHIMBERG ET UX.

v.

UNITED STATES

Citator

Cited By (97 total)

• Levenson v. Am. Laser Corp., 438 So. 2d 179 (Fla. 2d DCA 1983)
  …agreement in its entirety. While the court may make suggestions for modification of a proposed decree, the court may not unilaterally modify the consent agreement. Pettway v. American Cast Iron Pipe Co., 576 F. 2d 1157 (5th Cir.1978), cert. denied, 439 U.S. 1115,99 S.Ct. 1020, 59 L.Ed.2d 74 (1979). If the parties do not agree to modify the proposed agreement, then the court must approve or reject the agreement as presented. Where a proposed agreement is not fair, adequate and reasonable, the court has the…
• Jackson v. Seaboard Coast Line R.R. Co., 678 F.2d 992 (11th Cir. 1982)
  …ied, 442 U.S. 934, 99 S.Ct. 2869, 61 L.Ed.2d 303 (1979); Parson v. Kaiser Aluminum & Chemical Corp., supra at 1389; Pettway v. American Cast Iron Pipe Co., 494 F. 2d 211, 244 (5th Cir. 1974), appeal after remand, 576 F. 2d 1157 (1978), cert. denied, 439 U.S. 1115, 99 S.Ct. 1020, 59 L.Ed.2d 74 (1979). In Claiborne v. Illinois Central Railroad, supra, the former Fifth Circuit applied the Griggs test to facts similar to those in the instant case.33 There, the plaintiffs, 21 car- [*1015] man helpers and 7 labor…
• United States v. The City OF Miami, 664 F.2d 435 (5th Cir. 1981)
  …much as they can, ask the court to incorporate that agreement into a consent decree, and call upon the court to decide the issues they cannot resolve. See Pettway v. American Cast Iron Pipe Co., 576 F. 2d 1157, 1168-75 (5th Cir. 1978), cert. denied, 439 U.S. 1115, 99 S.Ct. 1020, 59 L.Ed.2d 74 (1979); High v. Braniff Airways, Inc., 592 F. 2d at 1334-35. Thus, there may be a decree “partially consensual and partially litigated.” Id. at 1335. We made such an analysis in Pettway, in which we held that a judgmen…