MELLI

v.

NEW YORK

Citator

Cited By (70 total)

• United States v. Jefferson Cnty., 720 F.2d 1511 (11th Cir. 1983)
  …d the remaining claims pending against the Board only. After we ruled on the district court’s decision concerning the written tests, Ensley Branch of NAACP v. Seibels, 616 F. 2d 812 (5th Cir.) cert. denied sub nom. Personnel Board v. United States, 449 U.S. 1061, 101 S.Ct. 783, 66 L.Ed.2d 603 (1980),6 the plaintiffs, in all three cases, entered into [*1515] extensive negotiations with the Board and the City which culminated in two proposed consent decrees, one with the Board7 and one with the City.8 The for…
• United States v. The City OF Miami, 664 F.2d 435 (5th Cir. 1981)
  …impermissible under federal law. See Albemarle Paper Co. v. Moody, 422 U.S. 405, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975); Ensley Branch of NAACP v. Seibels, 616 F. 2d 812 (5th Cir. 1980), cert. denied, Personnel Bd. of Jefferson County, Ala. v. U. S., 449 U.S. 1061, 101 [*460] S.Ct. 783, 66 L.Ed.2d 603 (1981). Thus the City’s decision to suspend its civil service examinations until validation was reasonable given (a) its stipulation that non-validated tests for police hiring and promotions were in effect, (b)…
• S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Comm'n & Raymond J. Donovan, 672 F.2d 426 (5th Cir. 1982)
  …s only adjudicatory functions and powers and has no [*429] substantive rulemaking or policymaking prerogative. See Marshall v. OSHRC, 635 F. 2d 544 (6th Cir. 1980); Marshall v. Sun Petroleum Products Co., 622 F. 2d 1176 (3d Cir. 1980), cert. denied, 449 U.S. 1061, 101 S.Ct. 784, 66 L.Ed.2d 604 (1981); Dale M. Madden Construction Inc. v. Hodgson, 502 F. 2d 278, 280 (9th Cir. 1974). Other circuits appeár to disagree, including the former Fifth Circuit, see Diamond Roofing Co. v. OSHRC, 528 F. 2d 645, 648 n.8 (…