O'CONNELL & KITTRELL

v.

KINGERY ET AL.

Citator

Cited By

• Bhandari v. First Nat'l Bank of Commerce, 494 U.S. 1061 (U.S. 1990)
  …ought review here. We granted the petition, vacated the Fifth Circuit’s judgment, and remanded the case so that the Court of Appeals might reconsider its holding in light of our decision in Patterson v. McLean Credit Union, 491 U. S. 164 (1989). See 492 U. S. 901 (1989). Reaffirming Runyon v. McCrary, 427 U. S. 160 (1976), we held in Patterson that § 1981 covers acts of private discrimination. On remand, the Fifth Circuit declined to alter its original holding. The in banc court reasoned that Patterson was i…
• Britt v. The Grocers Supply Co., Inc., 978 F.2d 1441 (5th Cir. 1992)
  …he NLRA are statutes with separate and independent remedies. See Guerra v. Manchester Terminal Corp., 498 F. 2d 641, 658 (5th Cir.1974), overruled on other grounds by Bhandari v. First Nat'l Bank of Commerce, 829 F. 2d 1343 (5th Cir. 1987), vacated, 492 U.S. 901, 109 S.Ct. 3207, 106 L.Ed.2d 558 (1989), reinstated on remand, 887 F. 2d 609 (5th Cir.1989), cert. denied, 494 U.S. 1061, 110 S.Ct. 1539, 108 L.Ed.2d 778 (1990). The Guerra panel noted that [T]hough Title VII and the NLRA may overlap in the area of…
• Croston v. Burlington N. R.R. Co., 999 F.2d 381 (9th Cir. 1993)
  …gaining agreement. Whether a matter is subject to the Act’s mandatory bargaining provisions is a question of law reviewed de novo. Brotherhood of Locomotive Eng’rs. v. Burlington N.R.R., 838 F. 2d 1087, 1089 (9th Cir.1988), vacated on other grounds, 492 U.S. 901, 109 S.Ct. 3207, 106 L.Ed.2d 558 (1989). Croston argues that his- action falls under-the “futility” exception to the mandatory bargaining scheme. Courts have asserted more general jurisdiction over railroad labor disputes when resort to arbitration…