United States Court of Appeals for the Fourth Circuit, 1981

63 opinions

William H. DUTY, Jr., Appellant, and Raymond International, Inc. and Peter Kiewitt Sons Company and Tidewater Construction Corporation, a joint venture d/b/a Raymond-Kiewitt-Tidewater, Intervening Plaintiffs, v. EAST COAST TENDER SERVICE, INC., Appellee. William H. DUTY, Jr., Plaintiff, and Raymond International, Inc. and Peter Kiewitt Sons Company and Tidewater Construction Corporation, a Joint Venture d/b/a Raymond-Kiewitt-Tidewater, Appellants, v. EAST COAST TENDER SERVICE, INC., Appellee 1981-01-23
UNITED STATES of America, Appellee, v. TRUONG DINH HUNG, Appellant; UNITED STATES of America, Appellee, v. Ronald Louis HUMPHREY, Appellant. National Alliance Against Racist & Political Repression, Amicus Curiae. National Lawyers Guild, Center for Constitutional Rights, U. S. Peace Council, Womens International League for Peace and Freedom, Fund for Open Information and Accountability, Inc., Amici Curiae; UNITED STATES of America, Appellee, v. Ronald Louis HUMPHREY, Appellant; UNITED STATES of America, Appellee, v. Truong Dinh HUNG, Appellant 1981-07-14
AMERICAN PAPER INSTITUTE, National Forest Products Association, James River Paper Company, GeorgiaPacific Corporation, the Mead Corporation, Westvaco Corporation, Weyerhaeuser Company, St. Regis Paper Company, Union Camp Corporation, Boise Cascade Corporation, Petitioners, and The Corn Refiners Association, Inc., Miller Brewing Company, the Great Western Sugar Company, Intervenors, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; AMERICAN FROZEN FOOD INSTITUTE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; NATIONAL FOOD PROCESSORS ASSOCIATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent; TANNERS COUNCIL OF AMERICA, INCORPORATED, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; FROZEN POTATO PRODUCTS INSTITUTE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; CHAMPION INTERNATIONAL CORPORATION, Potlatch Corporation, The Proctor & Gamble Paper Products Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents; CHEMICAL MANUFACTURERS ASSOCIATION, American Cyanamid Company, Arizona Chemical Company, J. T. Baker Chemical Company, E. I. du Pont de Nemours & Company, FMC Corporation, Glyco Chemicals, Inc., The Goodyear Tire & Rubber Company, Mallinckrodt, Inc., Northern Petrochemical Company, Olin Corporation, Stauffer Chemical Company, Union Carbide Corporation, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent 1981-07-28
Curtis J. MOORE, Appellee, v. Gerard BALLONE, Superintendent, Central State Hospital; James P. Mitchell, Virginia State Penitentiary, Appellants 1981-08-20
John B. ANDERSON, Appellant, and D. A. Bert Booth, Kevin P. McCleaf, Gerald M. Eisenstat, Plaintiffs, v. Willard A. MORRIS, in his official capacity as State Administrator of the Election Laws, State Administrative Board of Election Laws; Theodore N. Clark, in his official capacity as Chairman of the State Administrative Board of Election Laws; James W. Johnson, in his official capacity as Vice-Chairman of the State Administrative Board of Election Laws; Reginald A. Asplen, in his official capacity as a member of the State Administrative Board of Election Laws; Karen Lancaster, in her official capacity as a member of the State Administrative Board of Election Laws; Sylvia Raphael, in her official capacity as a member of the State Administrative Board of Election Laws; State Administrative Board of Election Laws, Appellees; John B. ANDERSON, D. A. Bert Booth, Kevin P. McCleaf, Gerald M. Eisenstat, Appellees, v. Willard A. MORRIS, in his official capacity as State Administrator of the Election Laws, State Administrative Board of Election Laws; Theodore N. Clark, in his official capacity as Chairman of the State Administrative Board of Election Laws; James W. Johnson, in his official capacity as Vice-Chairman of the State Administrative Board of Election Laws; Reginald A. Asplen, in his official capacity as a member of the State Administrative Board of Election Laws; Karen Lancaster, in her official capacity as a member of the State Administrative Board of Election Laws; Sylvia Raphael, in her official capacity as a member of the State Administrative Board of Election Laws; State Administrative Board of Election Laws, Appellants 1981-09-01
CITICORP PERSON-TO-PERSON FINANCIAL CORPORATION, Appellant, v. Diana BRAZELL, Appellee 1981-09-01
UNITED STATES of America, Appellee, v. Karriem Wali MUHAMMAD, a/k/a Charles William Cannon, Appellant 1981-09-01
UNITED STATES of America, Appellee, v. John T. MILLER, Appellant 1981-09-01
Mary J. CUNNINGHAM, Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Appellee 1981-09-01
Ruby EDWARDS, Appellant, v. SCHOOL BOARD OF the CITY OF NORTON, VIRGINIA, Appellee 1981-09-01
UNITED STATES of America, Appellee, v. Willie Foster SELLERS, Appellant 1981-09-01
David M. OGILBEE, Appellant, v. WESTERN DISTRICT GUIDANCE CENTER, INC., a non-profit corporation, and J. F. Brammer, Appellees 1981-09-02
William Harris SHARPE, Appellant, v. UNITED STATES of America, Appellee; Donald Davis SAVAGE, Appellant, v. UNITED STATES of America, Appellee 1981-09-04
Jeffrey J. RADOWICH, Appellee, v. UNITED STATES ATTORNEY, DISTRICT OF MARYLAND; and United States Department of Justice, Appellants, and Homer Gudelsky, Intervening Defendant 1981-09-04
Alva M. HALL, Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Appellee 1981-09-04
The PROCTER & GAMBLE MANUFACTURING COMPANY, Port Ivory, New York Plant; Kansas City, Kansas Plant; Dallas, Texas Plant; Baltimore, Maryland Plant, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-09-04
The PRESIDENT AND DIRECTORS OF GEORGETOWN COLLEGE, Appellant, v. Dennis W. MADDEN, John M. Walton, Seymour Auerbach, Victor R. Beauchamp Associates, Inc., Reliance Insurance Company, Anchor Associates, Inc., Edward J. Scullen, Alvin Marchigiani, Appellees; The PRESIDENT AND DIRECTORS OF GEORGETOWN COLLEGE, Appellees, v. Edward M. CROUGH, as Trustee for Victor R. Beauchamp Associates, Inc., Appellant, and Dennis W. Madden; John M. Walton; Seymour Auerbach; Reliance Insurance Company; Anchor Associates, Inc.; Edward J. Scullen; Alvin Marchigiani, Defendants; The PRESIDENT AND DIRECTORS OF GEORGETOWN COLLEGE, Appellees, v. RELIANCE INSURANCE COMPANY, Appellant, and Dennis W. Madden; John M. Walton; Seymour Auerbach; Victor R. Beauchamp Associates, Inc.; Anchor Associates, Inc.; Edward J. Scullen; Alvin Marchigiani, Defendants 1981-09-11
LOCAL 2106, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO; William A. Neal; Kenneth Meek and Benny Wolfe, Appellants, v. CITY OF ROCK HILL, SOUTH CAROLINA; J. Emmett Jerome, in his representative capacity as Mayor of the City of Rock Hill, South Carolina; and Elizabeth Rhea, Maxine Gill, Douglas Herlong, and Melford Wilson, Jr., in their representative capacities as members of the City Council of Rock Hill, South Carolina, Appellees 1981-09-17
Angeles Ramonita GARCIA, Appellee, v. Kenneth R. NEAGLE, Warden, F. C. I. Alderson, and United States Parole Commission, Appellants 1981-09-21
John DOE and Ann Smith Doe, Petitioners, v. Jane DOE, on behalf of her son, Jack Doe, Respondent 1981-09-21
UNITED STATES of America, Appellee, v. Charles Martin MOORMAN, Appellant; UNITED STATES of America, Appellee, v. Stephen Talmadge BROCK, Jr., Michael Frederick Lane, Adrian Theodore Lane, Joseph Calvin Gioielli; Paul Pridgen, and Claude David Cook, Jr., Appellants 1981-09-24
G. J. LANGENDERFER, Appellee, v. MIDREX CORPORATION, Appellant 1981-09-24
ROCO WORLDWIDE, INC., Appellant, v. CONSTELLATION NAVIGATION; Foster-Wheeler Corporation; National Steel Products Company; Medical Coaches, Inc., Appellees, v. SALES COORDINATORS LIMITED, Third-Party Defendant 1981-10-01
UNITED STATES of America, Appellee, v. Robert GRIFFIN, Appellant; UNITED STATES of America, Appellee, v. Benjamin GARONZIK, Appellant; UNITED STATES of America, Appellee, v. Stanley DIAMOND, Appellant 1981-10-02
Virginia Ann AVERY, Appellant, v. COUNTY OF BURKE; Burke County Board of Health; Burke County Board of Social Services, Appellees. and Biomedical Reference Laboratories, Incorporated; C. W. Ellison, M.D.; C. W. Ellison, M.D., individually and in his professional relationship with Burke County Board of Health; James A. Blakely, individually and as Burke County Health Director, and Burke County Director of Social Services; C. J. Dellinger, M.D.; Donald Lambeth; Alfred Lytle; Gilmer Lowman; Callie Gregory; Clifford Stamper, D.D.S.; Mrs. Jane Gibson; Al Summers; and Gail Gay, individually and as members of Burke County Board of Health; George Squillario; Laura ONeil; Bettie Hooks; E. R. Vaught; Major Buff, individually and as members of Burke County Board of Social Services; Linda K. York; Raye Faulkner, individually and as employees of Burke County Board of Health; Gail Moore, individually and as employee of Burke County Board of Social Services, Defendants 1981-10-02
Mary E. BROWN, on behalf of herself and all others similarly situated; Liberia Johnson, Appellees, v. Frances E. PORCHER, in her official capacity as Claims Adjudicator of the South Carolina Employment Security Commission; H. C. Sloan, in his official capacity as Appeals Referee of the South Carolina Employment Security Commission; C. Len Harper, in his official capacity as Chairman of the South Carolina Employment Security Commission; Cecil Sandifer, in his official capacity as Vice-Chairman of the South Carolina Employment Security Commission; Frank E. Baldwin, Jr., in his official capacity as Commissioner of the South Carolina Employment Security Commission, Appellants 1981-10-06
Frederic MARIN, Appellant, v. Arthur R. MYERS and Advance, Inc., Appellees 1981-10-06
Lucy N. LOGAN, Appellant, v. Norris SHEALY, Earl L. Johnson, Jr., William F. Vance, J. Elwood Clements, James A. Gondles, Thomas W. Shortt, Carol J. Sachtleben, Arlington County, Virginia, Appellees, and Henry E. Hudson, Robert E. Turner, Henri Nava, William S. Burroughs, Jr., Defendants. American Civil Liberties Union of Virginia and the American Civil Liberties Union Fund of the Natl. Capital Area, /A Amici Curiae 1981-10-07
EXCAVATION-CONSTRUCTION, INC., Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent 1981-10-08
James G. WHEATLEY, Appellant, v. Elbert GLADDEN, Appellee 1981-10-09
The STATE OF WEST VIRGINIA, Petitioner, v. SECRETARY OF EDUCATION, The United States Department of Education, Respondent 1981-10-15
Sam C. C. KIMBREL, Appellee, v. NEIMAN-MARCUS, Appellant 1981-10-16
Donald E. BRINK and John F. Eline, Appellees, v. Leo DaLESIO, Defendant, and Alfred M. Bell, Appellant; Donald E. BRINK and John F. Eline, Appellees, v. Leo DaLESIO, Appellant, and Alfred Bell, Defendant; Donald E. BRINK and John F. Eline, Appellants, v. Leo DaLESIO and Alfred Bell, Appellees; Donald E. BRINK and John F. Eline, Plaintiffs, v. Leo DaLESIO and Alfred Bell, Appellees, and Affiliated Teamsters Health and Welfare Fund of Maryland; Teamsters Allied Pension Fund of Maryland and Allen R. Holland, in his capacity as Trustee, Beneficiary and Participant in both of the above funds, Appellants 1981-11-05
UNITED STATES of America, Appellee, v. Kenneth ODAY, Jr., Appellant; In re: UNITED STATES of America v. John DOE # 400, Grand Jury No. 81-1 1981-11-19
Napoleon CHISHOLM, Herman Rushing, Alfred A. Hart, Jr., William McCombs, William H. Holman, James M. Little, John A. Pettice, James F. Lee, Norman A. Mitchell, Roy Dixon, Jr., Tom McGill, Milton J. Yongue, Sr., Peggy F. Talbert, Oren McCullough, Clarence Morgan, John T. Harrison, Wade Mosley, Appellees, v. The UNITED STATES POSTAL SERVICE, A. Shaw, Officer in charge of the Charlotte Postal Service; E. T. Klassen, Postmaster General of the United States; Michael R. Greeson, Director of Personnel of the Charlotte Branch of The United States Postal Service, Appellants 1981-11-25
HOPEWELL NURSING HOME, INC. a South Carolina corporation, and William P. Betchman, an individual, on behalf of themselves and all other entities and persons similarly situated, Appellees, v. Richard L. SCHWEIKER, Secretary of Health and Human Services, United States Department of Health; James B. Cardwell, Commissioner of Social Security, United States Department of Health; Frank J. Groschelle, Regional Director, United States Department of Health; and James W. Murray, Regional Commissioner, Social Security Administration, United States Department of Health, Education and Welfare, Region IV, Appellants 1981-11-30
Robert D. BLAIR, Appellant, v. UNITED STATES of America, Appellee; Charles L. MOORE, Appellant, v. UNITED STATES of America, Appellee; William G. DODDS, Jr., Appellant, v. UNITED STATES of America, Appellee 1981-11-30
F. DOE, Appellant, v. UNITED STATES of America, W. Farley Powers, Jr., in his official capacity as Clerk of the United States District Court for the Eastern District of Virginia, Appellees; UNITED STATES of America, Appellee, v. Donald Robert BLACK, Appellee. F. Doe, Appellant 1981-12-03
UNITED STATES of America, Appellee, v. John Ashley STEHL, Appellant 1981-12-03
NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION; Haywood Electric Membership Corporation; Pitt & Greene Electric Membership Corporation; Four County Electric Membership Corporation; Piedmont Electric Membership Corporation; Halifax Electric Membership Corporation; Randolph Electric Membership Corporation; Harkers Island Electric Membership Corporation; Brunswick Electric Membership Corporation; Jones-Onslow Electric Membership Corporation; French Broad Electric Membership Corporation; Wake Electric Membership Corporation; Tri-County Electric Membership Corporation; Lumbee River Electric Membership Corporation; South River Electric Membership Corporation; Carteret-Craven Electric Membership Corporation; Central Electric Membership Corporation, Appellants, v. CAROLINA POWER & LIGHT COMPANY; South Carolina Electric & Gas Co., Appellees 1981-12-07
Edward W. TAYLOR, Appellant, v. Sidney H. KELSEY, Appellee; In re Charles G. ADAMS, Jr., et al., v. LIFE SCIENCE PRODUCTS COMPANY, et al. 1981-12-07
In re UNDERWRITERS AT LLOYDS and British Insurance Companies, Petitioners. FEDERAL LEASING, INC., etc., Appellee, and Kirchner, Moore and Company, et al., Plaintiffs, v. UNDERWRITERS AT LLOYDS, et al., Appellants, v. SUBURBAN TRUST COMPANY, etc., Appellee, and Federal Leasing, Inc., et al., Counterdefendants. FEDERAL LEASING, INC., etc., Appellee, and Kirchner, Moore and Company, et al., Plaintiffs, v. UNDERWRITERS AT LLOYDS, et al., Appellants, v. SUBURBAN TRUST COMPANY, etc., Appellee, and Federal Leasing, Inc., et al., Counterdefendants 1981-12-09
UNITED STATES of America, Appellee, v. Raymond Thomas LURZ, Jr., Appellant; UNITED STATES of America, Appellee, v. Charles Daniel MAGILL, Appellant; UNITED STATES of America, Appellee, v. Michael R. STEEDMAN, Appellant; UNITED STATES of America, Appellee, v. Mark Michael NOVAK, Appellant 1981-12-10
Osmund McGOWEN, Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Appellee 1981-12-10
Mohammed M. MOOSAVI, Appellant, v. FAIRFAX COUNTY BOARD OF EDUCATION, Appellee 1981-12-10
T. Ivonne MARTIN, Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee 1981-12-11
NATIONAL KNITWEAR MANUFACTURERS ASSOCIATION, Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent 1981-12-11
KANAWHA VALLEY LABOR COUNCIL, AFL-CIO, an unincorporated association; Robert F. Buckalew; Henry C. Greene; Harold F. Hoffman; Glen Huffman; Kenneth Nelson; Charles B. Robinson; Dale Roush; Donald E. Withrow, and Charleston Professional Firefighters Association, Inc., a corporation; Appellants, v. AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, an unincorporated association; Lane Kirkland; and Walter J. Waddy; Appellees 1981-12-14
TOWN OF KIMBALL (West Virginia, a municipal corporation), Appellee, v. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation, Appellant 1981-12-16
UNITED STATES of America, Appellee, v. Earl Clifton FLEMING, Appellant; UNITED STATES of America, Appellee, v. Vernon J. RAGINS and Pearl L. Ragins, Appellants 1981-12-17
UNITED STATES of America, Appellant, v. Matthew BELLINA, Daniel David Hochroth, and Anthony Di Benedetto, Appellees 1981-12-21
Gray WILLIAMS, Trustee in Bankruptcy for Frank A. ONeill and Caroline P. ONeill, Appellee, v. UNITED STATES of America, Appellant. In re Frank A. ONEILL and Caroline P. ONeill, Bankrupts. Gray WILLIAMS, Trustee in Bankruptcy for Frank A. ONeill and Caroline P. ONeill, Appellant, v. UNITED STATES of America, Appellee. In re Frank A. ONEILL and Caroline P. ONeill, Bankrupts 1981-12-22
SANDHILL MOTORS, INC., (formerly West AMC-Jeep, Inc.), Appellant, v. AMERICAN MOTORS SALES CORPORATION, Appellee 1981-12-22
UNITED STATES of America, Appellant, v. Stanley Seymour PALMER and Stephen Alexander Price, Appellees 1981-12-23
UNITED STATES of America, Appellant, v. 452.876 ACRES OF LAND, MORE OR LESS, IN the CITY OF VIRGINIA BEACH, COMMONWEALTH OF VIRGINIA, C. L. Pincus, Jr., Westinghouse Credit Corp., Sea Bay Development Corp., Appellees 1981-12-23
Robert G. GREGG, Philip W. McFarlane, Bituminous Casualty Corporation, Appellants, v. Joseph J. MANNO, Jr., Inc., Appellee, and; PRE-MIDDLE ATLANTIC, INC., Defendant, v. MAR DEL PENN BUILDERS, Third Party Defendant, v. Sam DIXON, Individually, and Nick Carter, Third Party Defendants 1981-12-23
UNITED STATES of America, Appellee, v. Karen Diane SELLERS, Appellant; UNITED STATES of America, Appellee, v. Norman MATTOCKS, Appellant 1981-12-24
Albert A. JONES, a minor child; Bridget Jones, a minor child, by their mother and next friend, Albertine Jones; Barbara L. Jones, Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee; Marcia SIMMS, a minor by her next friend, Sheila Simms, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, Appellee 1981-12-30
H. David BOYTER and Angela M. Boyter, Appellants, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Appellee 1981-12-30
Larry Junior WARD, Appellant, v. Gene M. JOHNSON, Warden, Sgt. Gardner, Chairman of Adjustment Committee, Appellees 1981-12-30
Bill ROBERTS, Appellant, v. Richard SCHWEIKER, Secretary of Health & Human Services, Appellee 1981-12-30
Henry GORHAM, Appellant, v. Don T. HUTTO, Director of Virginia Department of Corrections; J. P. Mitchell and E. Wright, Individually and in their own capacity, Appellees; Kenneth Richard Lee TAYLOR, Appellant, v. T. D. HUTTO, Director of Corrections, O. Garland, Administrative Assistant and Gene Johnson, Superintendent of Powhatan Correctional Center, State Farm Virginia, Appellees; Thomas PENN, Appellant, v. Terrell Don HUTTO, Director of Virginias Department of Corrections; M. Bowermaster, Meeting Chairman of Central Classification Board Division of Adult Services; and Gene M. Johnson, Warden of Powhatan Correctional Center, Appellees 1981-12-30
John Franklin PROSISE, Appellant, v. Gilbert A. HARING, Lieutenant; Henry W. Allen, Detective; J. R. Badey, Detective; Alvin Beuchart, Detective; Thomas Trumble, Officer; and Garber, Officer, Appellees 1981-12-30