BANK ONE, STEVENS POINT, NA

v.

UNITED STATES DEPARTMENT OF COMMERCE ET AL.

Citator

Cited By (11 total)

• Myers v. Sullivan, 916 F.2d 659 (11th Cir. 1990)
  …EAJA would be [*670] defeated by adopting the approach suggested by the Secretary. Id. Similarly, in City of Brunswick v. United States, 661 F.Supp. 1431, 1438-39 (S.D. Ga.1987), rev’d on other grounds, 849 F. 2d 501 (11th Cir.1988), cert. denied, 489 U.S. 1053, 109 S.Ct. 1313, 103 L.Ed.2d 582 (1989), the district court eschewed an overly rigid approach and refused to define “final judgment” in an overly technical manner. In City of Brunswick, the parties agreed to a stipulated settlement in which they agr…
• Hiroko Havekost v. United States Dep't OF the Navy, 925 F.2d 316 (9th Cir. 1991)
  …uit has warned, however, that motive should not be used as a litmus test for public concern; rather, “content is the greatest single factor in the Connick inquiry.” Berg v. Hunter, 854 F. 2d 238, 243 (7th Cir.1988) (citations omitted), cert. denied, 489 U.S. 1053, 109 S.Ct. 1314, 103 L.Ed.2d 583 (1989). [*319] Havekost’s speech was as much a matter of public concern as would be the length and distribution of coffee breaks. The petition was circulated exclusively among the baggers; Havekost made no attempt to…
• Del. Valley Citizens Council FOR Clean AIR v. Davis, 932 F.2d 256 (3d Cir. 1991)
  …on standards or limitations. They outline what an implementation plan must contain to get EPA approval. They do not support a citizens’ suit under § 7604. The Citizens’ reliance on Wilder v. Thomas, 854 F. 2d 605, 612-13 (2d Cir.1988), cert. denied, 489 U.S. 1053, 109 S.Ct. 1314, 103 L.Ed.2d 583 (1989), to support their argument that statutory violations are actionable under § 7604 is misplaced. The Wilder plaintiffs were claiming violations of the contents of a plan. The Citizens are not. The United States…