AMERICAN CAST IRON CO.
v.
PETTWAY ET AL.

U.S. | 1979-01-15
No. 78-766
439 U.S. 1115 Supreme Court of the United States (1979) Caution
Cited by 115 cases

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Cited By (111 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…
  • Familias Unidas v. Dolph Briscoe, 619 F.2d 391 (5th Cir. 1980)
    …l issue constitutes the law of the case and, absent some significant intervening change of circumstances, precludes our reconsideration of the matter. See Pettway v. American Cast Iron Pipe Co., 576 F. 2d 1157, 1189-90 (5th Cir. 1978), cert. denied, 439 U.S. 1115, 99 S.Ct. 1020, 59 L.Ed.2d 74 (1979) (previous panel determination not binding in light of intervening Supreme Court decision). Nothing has transpired since the earlier decision to undercut the ruling that the case is not moot. Accordingly, we adher…
  • 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…

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