BRILEY

v.

DIRECTOR OF THE DEPARTMENT OF CORRECTIONS; FELDE V. LOUISIANA

Citator

Cited By

• Rettig v. Pension Benefit Guar. Corp., 744 F.2d 133 (D.C. Cir. 1984)
  …t, as of the effective date of the vesting provisions, those provisions overrode nonconforming terms of the plan. . See, e.g., Duchow v. New York State Teamsters Conference Pension & Retirement Fund, 691 F. 2d 74, 77-80 (2d Cir.1982), cert. denied, 461 U.S. 918, 103 S.Ct. 1902, 77 L.Ed.2d 289 (1983) (implying into plan requirement of 29 U.S.C. § 1053(a) that rights vest at normal retirement age); In re Defoe Shipbuilding Co., 639 F. 2d 311, 314 (6th Cir.1981) (minimum vesting standards override contrary pl…
• United States v. Miller, 869 F.2d 1418 (10th Cir. 1989)
  …l 5, 1988, this court partially remanded both appeals “so that the district court may consider Defendant’s motion.” See, United States v. Palmer, 766 F. 2d 1441 (10th Cir.1985); United States v. Siviglia, 686 F. 2d 832 (10th Cir.1981), cert. denied, 461 U.S. 918, 103 S.Ct. 1902, 77 L.Ed.2d 289 (1983). On July 5, 1988, the trial court entered an order setting a status conference, and on August 12, 1988, the trial court, at the status conference and without hearing any further evidence, granted “the motion fo…
• United States v. Palmer, 766 F.2d 1441 (10th Cir. 1985)
  …y the motion or to certify to the court of appeals that it would grant the motion on remand. United States v. Siviglia, 686 F. 2d 832, 835 (10th Cir.1981) (dicta), aff'd on rehearing en banc, 686 F. 2d 836 (10th Cir.1982) (per curiam), cert. denied, 461 U.S. 918 (1983). We hold that denial of the motion for a new trial in the instant case was not error. The first item of “new evidence” offered in support of appellant’s motion was an accounting document, accompanied by affidavits of a former employee of the…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)