MASON
v.
ZAHRADNICK, PENITENTIARY SUPERINTENDENT

U.S. | 1981-10-05
No. 80-2174
454 U.S. 836 Supreme Court of the United States (1981) Positive Treatment
Cited by 7 cases

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  • Menhorn v. Firestone Tire & Rubber Co., 738 F.2d 1496 (9th Cir. 1984)
    …, cl. 1; 28 U.S.C. § 1331. In this case, however, Menhorn’s cause of action arose in 1980, the year in which he applied for [*1506] and was denied pension benefits. See Paris v. Profit Sharing Plan, etc., 637 F. 2d 357, 361 (5th Cir.), cert. denied, 454 U.S. 836, 102 S.Ct. 140, 70 L.Ed.2d 117 (1981); Winer v. Edison Bros. Stores Pension Plan, 593 F. 2d 307, 312 (8th Cir.1979); Morgan v. Laborers Pension Trust Fund, 433 F.Supp. 518, 522 n. 5 (N.D.Cal.1977). Menhorn’s cause of action thus arose under a fede…
    1 / 3
  • …res of contract law and not of labor law. Appellant’s claimed eligibility for pension benefits is a matter of contract law. See: Paris v. Prof [*253] it Sharing Plan For Employees Of Howard B. Wolf, Inc., 637 F. 2d 357, 362 (5th Cir.), cert. denied, 454 U.S. 836, 102 S.Ct. 140, 70 L.Ed.2d 117 (1981). Having characterized this action as a contract action, the court concludes that the ninety (90) day period for vacating an arbitration award7 and the six (6) month provision 8 found in the National Labor Relat…
    1 / 2
  • …public scrutiny could wrap themselves in a veil of secrecy and thus remain beyond the reach of public knowledge. Cf. Medico v. Time, Inc., 643 F. 2d 134, 142 (3d Cir.) (noting difficulty but importance of reporting on organized crime), cert. denied, 454 U.S. 836,102 S.Ct. 139, 70 L.Ed.2d 116 (1981). We recognize that there are counterveiling dangers from a media that has untrammeled freedom to publish inaccurate and damaging statements with impunity. Moreover, when a sensational story by one news organizati…

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