CHICK KAM CHOO, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF LEONG CHONG, ET AL.

v.

ESSO OIL CO. ET AL.

Citator

Cited By (12 total)

• Ruiz v. Immigr. & Naturalization Serv., 838 F.2d 1020 (9th Cir. 1988)
  …approach to deportation proceedings in Marcello, other courts have held that other types of proceedings are specifically excluded from section 554. For example, in Fidelity Construction Co. v. United States, 700 F. 2d 1379 (Fed.Cir.), cert. denied, 464 U.S. 826, 104 S.Ct. 97, 78 L.Ed.2d 103 (1983), the Federal Circuit held that proceedings before agency boards of contract appeals were not covered by the EAJA because Congress had stated explicitly that they were "not subject to the adjudicative procedure of…
• In re Inez Jeanette Lewis. Inez Jeanette Lewis v. Sears, 845 F.2d 624 (6th Cir. 1988)
  …equitable actions are tried together, the right to a jury trial in the legal action encompasses the issues common to both.” Lincoln v. Board of Regents of University System, 697 F. 2d 928, 934 (11th Cir.), reh’g denied, 705 F. 2d 471, cert. denied, 464 U.S. 826, 104 S.Ct. 97, 78 L.Ed.2d 102 (1983) (citing Curtis v. Loether, 415 U.S. 189, 196 n. 11, 94 S.Ct. 1005, 1009 n. 11, 39 L.Ed.2d 260 (1974); Dairy Queen, Inc. v. Wood, 369 U.S. 469, 470-73, 82 S.Ct. 894, 896-97, 8 L.Ed.2d 44 (1962)). Thus, “when a pa…
• Skinner v. Total Petroleum, Inc., 859 F.2d 1439 (10th Cir. 1988)
  …of factual issues common to both the legal and equitable claims. Hunter v. Allis-Chalmers Corp., Engine Div., 797 F. 2d 1417, 1421 (7th Cir.1986); Lincoln v. Board of Regents of the Univ. System of Ga., 697 F. 2d 928, 934 (11th Cir.), cert. denied, 464 U.S. 826, 104 S.Ct. 97, 78 L.Ed.2d 102 (1983). In civil rights actions, trial to a jury and to the court is common when a plaintiff has alleged violations of § 1981 and Title VII. Bifurcation is necessary because of the different remedies available under ea…