COSTELLO ET AL.

v.

UNITED STATES

Citator

Cited By

• Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
  …2 U.S.C. § 1988. See Gumbhir v. Kansas State Bd. of Pharmacy, 231 Kan. 507, 514-15, 646 P. 2d 1078, 1085-86 (1982) (relying on White to find that claim for attorney’s fees under 42 U.S.C. § 1988 need not be pled in original pleadings), cert. denied, 459 U.S. 1103, 103 S.Ct. 724, 74 L.Ed.2d 950 (1983), abrogated on other grounds, Will v. Michigan Dep’t of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). Our previous approval of the reasoning of White in Finkelstein v. North Broward Hospital…
• Holley v. Sanyo Mfg., Inc., 771 F.2d 1161 (8th Cir. 1985)
  …en of America, 761 F. 2d 502, 505 (8th Cir.1985), "[t]he ADEA is not intended to be used as a means of reviewing the propriety of a business decision on the part of" the employer. In Parcinski v. Outlet Co., 673 F. 2d 34 (2d Cir.1982), cert. denied, 459 U.S. 1103, 103 S.Ct. 725, 74 L.Ed.2d 950 (1983), the court found that the "essential corporate belt-tightening” there was properly viewed as a "business decision made on a rational basis” and then stated that the ADEA “does not authorize the courts to judge t…
• United States v. Heyward, 729 F.2d 297 (4th Cir. 1984)
  …ejudice.” The trial court has wide discretion in this area, however, and its determination will not be overturned except under the most "extraordinary” of circumstances. United States v. MacDonald, 688 F. 2d 224, 227-28 (4th Cir.1982), cert. denied, 459 U.S. 1103, 103 S.Ct. 726, 74 L.Ed.2d 951 (1983). We find no such circumstances in the present case.…