United States Court of Appeals for the Third Circuit, 1981

60 opinions

BUSINESS ASSOCIATION OF UNIVERSITY CITY, University City Business Association, Inc., Cheryl Bethea, and Cedar Park Community Development Corporation v. LANDRIEU, Moon, Secretary of the Department of Housing and Urban Development, and City of Philadelphia, and Redevelopment Authority of the City of Philadelphia and I.B.I.D. Associates, Resident Advisory Board, and Tenant Action Group. Appeal of BUSINESS ASSOCIATION OF UNIVERSITY CITY and University City Business Association, Inc. 1981-08-05
In the Matter of the Complaint of BANKERS TRUST COMPANY As Owner-Trustee and Monsanto Company As Chartered Owner, and Keystone Shipping Co., As Chartered Owner and Operator of the S.S. EDGAR M. QUEENY, for Exoneration from and Limitation of Liability and VILLANEUVA COMPANIA NAVIERA, S.A., Amoco Overseas Oil Company, and Amoco Transport Company, Third-Party Plaintiffs, v. BETHLEHEM STEEL CORPORATION, General Electric Company, and The William Powell Company, Third-Party Defendants. Appeal of VILLANEUVA COMPANIA NAVIERA, S.A., in Nos. 80-2366, 80-2444. Appeal of B.P. OIL INC. and Sohio Petroleum Company in No. 80-2367. In the Matter of Complaint of VILLANEUVA COMPANIA NAVIERA, S.A., Owner of the TANK VESSEL CORINTHOS, for Exoneration From and Limitation of Liability, Royal Globe Insurance Company, Intervenor Plaintiff. NATIONAL GRANGE MUTUAL INSURANCE COMPANY and Insurance Company of North America v. BETHELEM STEEL CORPORATION and General Electric Company and The William Powell Company, Third-Party Defendants, v. BRITISH PETROLEUM, LTD.; B.P. Oil Inc. and Sohio Petroleum Company, Third-Party Defendants, Appeal of VILLANEUVA COMPANIA NAVIERA, S.A., in Nos. 80-2366, 80-2444 1981-08-13
UNITED STATES of America, Appellee, v. Paul LEVINE, Appellant 1981-08-17
PURTILL, James R., Appellant, v. HARRIS, Patricia Roberts, Secty. Dept. of Health & Human Services; Mellody, James F., Principal Reg. Official Dept. of Health and Human Services; Bryant, Everett, Reg. Administrator Health Care Financing Administration; Griffith, Robert L., Senior Program Officer, Office of the Reg. Administrator Health Care Financing Administration; Kennedy, Thomas J., Chief Reg. Personnel Office, Dept. of Health and Human Services; Hartman, Maurice, Office of the Principal Regional Official; Carty, Alwyn L., Acting Reg. Medicare Director; Jesse, Jr., Hampton D., Director of Program Management Medicare Reg. Off.; Watson, Dorothy J., Supervisory District Office and Professional Groups Specialist Medicare Regional Office 1981-08-24
UNITED STATES of America v. LIGORI, Anthony R., a/k/a Rocky, Appellant 1981-08-24
FLEER CORPORATION, Appellant in Nos. 80-2537, 81-1104 and Appellee in Nos. 80-2538, 80-2539, v. TOPPS CHEWING GUM, INC., et al. Major League Baseball Players Association, Topps Chewing Gum, Inc., Appellee in Nos. 80-2537, 81-1104 and Appellant in No. 80-2538, Major League Baseball Players Association, Appellee in Nos. 80-2537, 81-1104 and Appellant in No. 80-2539 1981-08-25
Alejandro RAVANCHO and Zenaida Ravancho, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent 1981-08-26
HAMMERMILL PAPER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-08-26
UNITED STATES of America, Appellant, v. DIXON, John P., Appellee 1981-08-27
UNITED STATES of America, Appellant, v. JILES, Anthony, Appellee 1981-08-28
HERMAN BROTHERS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-09-03
Amber TOKARCIK, a minor by Nileleen N. Tokarcik, her parent and natural guardian, and Michael G. Tokarcik, and Nileleen N. Tokarcik, Appellees, v. FOREST HILLS SCHOOL DISTRICT, Robert L. Beyer, Secretary, and Dr. Warren E. Howard, individually and as Supt. of Forest Hills School District and Pennsylvania Department of Education, Dr. Robert Scanlon, Secretary of Education of the Commonwealth of Pa. Appeal of FOREST HILLS SCHOOL DISTRICT, Robert L. Beyer and Robert Anderson, in 80-2844. Appeal of PENNSYLVANIA DEPARTMENT OF EDUCATION and Robert G. Scanlon, Secretary of Education, in 80-2845 1981-09-08
In re GRAND JURY PROCEEDINGS HARRISBURG GRAND JURY 79-1. Appeal of Robert McNABB 1981-09-08
EASTERN MAICO DISTRIBUTORS, INC. and Dennis Moore v. MAICO-FAHRZEUGFABRIK, G.m.b.H. and Maico Motorcycles, Inc. and T. S. Steele. Appeal of MAICO-FAHRZEUGFABRIK, G.m.b.H., Appellant in No. 81-1118. Appeal of MAICO-FAHRZEUGFABRIK, G.m.b.H., and Clyde W. McIntyre, Esquire, Appellants in No. 81-1119. Appeal of Clyde W. McINTYRE, Esquire, Appellant in No. 81-1120 1981-09-11
REX, Calvin v. CIA. PERVANA DE VAPORES, S. A. Appeal of Calvin REX and Cia. Pervana De Vapores, S. A., in No. 80-2335; REX, Calvin v. CIA. PERVANA DE VAPORES, S. A. Appeal of UNITED STATES of America, Intervenor, in No. 80-2336 1981-09-17
Ali Akabar DASTMALCHI, Petitioner in No. 80-2432 and Mohsen Tarassoly, Petitioner in No. 80-2440 and Hossein Saliminia, Petitioner in No. 80-2441, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent 1981-09-17
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL 249, Appellee, v. WESTERN PENNSYLVANIA MOTOR CARRIERS ASSOCIATION, Appellant 1981-09-25
Harry M. NESS, Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pennsylvania, and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter, James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania; Edward C. ROBERTS, Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pennsylvania, and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter and James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania; John W. THOMPSON, Jr., Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pa. and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter, James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania 1981-09-28
UNITED STATES of America, Petitioner v. Hon. Judge Almeric L. CHRISTIAN 1981-09-30
UNITED STATES of America v. FRIEDLAND, David, Appellant in No. 80-2052 UNITED STATES of America v. FRIEDLAND, Jacob, Appellant in No. 80-2053 1981-10-01
HI-CRAFT CLOTHING CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-10-01
Clarence MORRISON v. Barry FOX, individually and as a detective in the Police Department of the City of Pittsburgh, et al. Appeal of Sanford M. ADERSON and Mark S. Frank, Attorneys for Clarence Morrison 1981-10-02
Thomas M. HELFRICH, Appellant in No. 81-1393, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF MILITARY AFFAIRS, Pennsylvania Soldiers & Sailors Home; Col. Richard A. Weaver, Director of Administrative Services, Department of Military Affairs; John J. Driscoll, Commandant, Pennsylvania Soldiers & Sailors Home; T. M. Skarupski, Institutional Business Manager, Pennsylvania Soldiers & Sailors Home; and Vickie A. Tasker, Director of Nursing, Pennsylvania Soldiers & Sailors Home; all in both their official and individual capacities; Paula J. ROGALA, Appellant in No. 81-2287, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF MILITARY AFFAIRS, Pennsylvania Soldiers & Sailors Home; Col. Richard A. Weaver, former Director of Administrative Services for the Pennsylvania Department of Military Affairs and his successor in office; John J. Driscoll, Commandant of the Pennsylvania Soldiers and Sailors Home; and Vickie A. Tasker, former Director of Nursing of the Pennsylvania Soldiers and Sailors Home and her successor in office; all in both their official and individual capacities 1981-10-05
HAMMERMILL PAPER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-11-02
CARPENTERS HEALTH AND WELFARE FUND OF PHILADELPHIA AND VICINITY By Robert Gray, Trustee Ad Litem & Carpenters Pension Fund of Philadelphia and Vicinity By Robert Gray, Trustee Ad Litem & Carpenters Joint Apprentice Committee By Robert Gray, Trustee Ad Litem & Industry Advancement Program By Joseph Washkill, Trustee Ad Litem & Metropolitan District Council of Philadelphia and Vicinity United Brotherhood of Carpenters and Joiners of America, Appellees, v. KENNETH R. AMBROSE, INC., & Kenneth R. Ambrose & Linda Ambrose, Appellants 1981-11-25
Roman BABULA, Zdislaw Drzymala, Abigniew Weszandize, Josef Pilat, Stanislaw Kowalczuk, Andrzej Lonc, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent 1981-11-25
UNITED STATES GYPSUM COMPANY, Appellant/Cross-Appellee, v. SCHIAVO BROTHERS, INC., Appellee/Cross-Appellant 1981-11-30
VESUVIUS CRUCIBLE COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent 1981-11-30
BRONZE SHIELDS, INC., Percell Goodwyn, Ramon Gonzalez, Hipolito Hernandez, Frank Howard, Jr., Willie C. Jackson, Johnson Livingston, Claude Pittman, John W. Reid, Willie C. Sanders, Marvin E. Thomas, Alonzo Williams, Rubin J. Battle, Floyd Bostic, Jr., Lynette Crawford, Charles Harris, Olivia Howard, Appellants, v. The NEW JERSEY DEPARTMENT OF CIVIL SERVICE, Ralph P. Shaw, Chief Examiner of the Department of Civil Service, the New Jersey Civil Service Commission, S. Howard Woodson, President of the Civil Service Commission, Thomas DeLuca, John Holden, Matthias Rodriguez and Charles Walther, Commissioners of the Civil Service Commission, the City of Newark, New Jersey, a municipal corporation, John Redden, Director of the Newark Police Department 1981-12-01
Mary M. LUCAS, Executrix of the Estate of Robert F. Lucas, Plaintiff-Appellant and Cross-Appellee, v. GULF & WESTERN INDUSTRIES, INC., a corporation and Amax, Inc., a corporation, Defendants-Appellees, v. NORANDA MINES, LIMITED, a corporation, Defendant-Appellee and Cross-Appellant 1981-12-01
UNITED MINE WORKERS OF AMERICA DISTRICT NO. 5 v. CONSOLIDATION COAL COMPANY, Appellant 1981-12-02
REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA, for the Use and Benefit of, Grinnell Fire Protection Systems Company, Inc., Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant 1981-12-03
HOWARD, Frank, Jr., Rubin J. Battle, Floyd Bostic, Jr., Lynette Crawford, Charles E. Harris, and Olivia C. Howard, and others similarly situated, v. NEW JERSEY DEPARTMENT OF CIVIL SERVICE, New Jersey Civil Service Commission, S. Howard Woodson, Jr. in his official capacity as President of the New Jersey Civil Service Commission, Howard F. Haneman, in his official capacity as a Commissioner of the New Jersey Civil Service Commission, Henry R. Leiner, in his official capacity as a Commissioner of the New Jersey Civil Service Commission, Leonard Simmons, in his official capacity as a Commissioner of the New Jersey Civil Service Commission, Ralph P. Shaw, in his official capacity as Chief Examiner and Secretary of the New Jersey Department of Civil Service, City of Newark, Hubert Williams, in his official capacity as Director of the Newark Police Dept., Olivia Howard and Lynette Crawford, Appellants 1981-12-04
HOWMET ALUMINUM CORPORATION, a subsidiary of Pechiney-Ugine-Kuhlmann Corporation, Appellant v. HARTFORD ACCIDENT AND INDEMNITY COMPANY; HOWMET ALUMINUM CORPORATION, a subsidiary of Pechiney-Ugine-Kuhlmann Corporation v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellant 1981-12-04
NEW JERSEY BANK (NATIONAL ASSOCIATION) a corporation of the United States of America v. COMMUNITY ASSOCIATION/FARMS, INC., a corporation; United States of America (Internal Revenue Service), and Recra-Del Corporation, formerly known as Pocono Farms, a corporation. Appeal of COMMUNITY ASSOCIATION OF POCONO FARMS 1981-12-07
COMPENSATION DEPARTMENT OF DISTRICT FIVE, UNITED MINE WORKERS OF AMERICA, Appellant, v. Ray MARSHALL, Secretary of Labor, Donald Ellisburg, Assistant Secretary of Labor, Employment Standards Administration, Ralph Hartman, Director, Office of Workers Compensation Programs, James R. Yocum, Associate Director, Division of Coal Mine Workers Compensation Programs, Francis A. Demarino, Acting Chief, Branch of Claims Determination and The Department of Labor, Appellees, and Bethlehem Mines Corporation, Consolidation Coal Company, the Pittston Group, Westmoreland Coal Company, Old Republic Insurance Company, Republic Steel Corporation and the North American Coal Corporation, Nacco Mining Company, Quarto Mining Company, Intervenors-Appellees 1981-12-09
ACandS, INC., Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee, and The Travelers Indemnity Company and The Travelers Insurance Company, Appellees. ACandS, INC., Appellee, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee, and The Travelers Indemnity Company and The Travelers Insurance Company, Appellants 1981-12-09
Bonnie Susan POLSKY, Appellant v. RADIO SHACK 1981-12-10
N. JONAS & CO., INC. Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent 1981-12-10
PHILADELPHIA NATIONAL BANK and Philadelphia National Corporation, Appellees, v. UNITED STATES of America, Appellant 1981-12-11
DEVEX CORPORATION, Technograph, Inc., William C. McCoy, Theodore A. Te Grotenhuis, Frederick B. Ziesenheim, Marjorie Te Grotenhuis, William C. McCoy, Jr., and Katherine M. Bassett v. GENERAL MOTORS CORPORATION, Devex Corporation, Technograph, Inc., William C. McCoy, Jr., individually and as Executor of the Estate of William C. McCoy, deceased, Theodore A. Te Grotenhuis, Frederick B. Ziesenheim, Marjorie Te Grotenhuis, and Katherine M. Bassett, Appellants in No. 80-2550 General Motors Corporation, Appellant in No. 80-2551 1981-12-15
UNITED STATES of America, Appellee, v. LAURA, Priscilla Dominguez, Appellant 1981-12-15
Collin L. JOHNSON, a/k/a Samuel Glenn, Appellant v. Ralph L. WILLIAMS, Warden, Attorney General of the State of New Jersey 1981-12-15
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Edward Sadlowski, Intervenor Plaintiff, Anthony Tomko, Intervenor Plaintiff, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC (DISTRICT 15) (DISTRICT 31) Edward Sadlowski, Intervenor above named, and the following counsel for Sadlowski: Joseph F. Rauh, Jr., Leon Despres, Kenneth J. Yablonski and Judith Schneider, Appellants 1981-12-16
LEVIN, Bennett, Appellant, No. 80-2816, v. Howard N. GARFINKLE, Appellant, No. 80-2817, Barbara Garfinkle, Asher Fensterheim, Appellant, No. 80-2818, Cyrus West, K. B. Weissman, Edward Breger, Appellant, No. 80-2819, Norman Septimus, Jack Deutschmann, Huckelberry Farm, Inc., Country Realty, Inc., Haw Corporation, a South Dakota Corporation, Tafu Corporation, a South Dakota Corporation, and Czar Realty Corp., a South Dakota Corporation; LEVIN, Bennett, Appellant, Nos. 81-1134, 81-1135, v. Barbara GARFINKLE, Administratrix of the Estate of Howard N. Garfinkle, Barbara Garfinkle, Appellant, No. 81-1137, Asher Fensterheim, Appellant, No. 81-1138, Cyrus West, K. B. Weissman, Edward Breger, Appellant, No. 81-1139, Norman Septimus, Jack Deutschmann, Huckelberry Farm, Inc., Country Realty, Inc., Haw Corporation, a South Dakota Corporation, Tafu Corporation, a South Dakota Corporation, and Czar Realty Corp., a South Dakota Corporation. Appeal of Asher FENSTERHEIM in Nos. 80-2818, 81-1138. Appeal of Edward BREGER in Nos. 80-2819, 81-1139 1981-12-17
UNITED STATES of America, Appellee, v. Mildred CARRASQUILLO, Appellant 1981-12-17
BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, Appellant, v. Edward McELVEEN, Appellee, and Salvatore Fazzolari and Patricia Fazzolari, his wife, Intervenors, and Allstate Insurance Company, Intervenor 1981-12-18
TAYBRON, Robert, Appellant, v. Patricia HARRIS, as Secretary of Health, Education & Welfare, Appellee 1981-12-22
HEREDIA, Hortantsa, and Schultze, Gloria, individually and on behalf of all others similarly situated, Appellants, v. GREEN, Edward A., Appellee 1981-12-22
Patricia A. HOLLINGER, Administratrix of the Estate of Germaine S. Hollinger, Deceased, Appellant, v. WAGNER MINING EQUIPMENT COMPANY, A Division of Paccar, Inc. 1981-12-22
Howard L. TERRY and W. H. Hunt, Appellants, v. The PENN CENTRAL CORPORATION and Colt Industries Inc. 1981-12-23
SMITHKLINE CORPORATION, Appellant, v. Elmer STAATS, Comptroller General of the United States, and the United States of America, Appellees 1981-12-28
Zoraida ZAMBARDINO, Appellee, v. Richard SCHWEIKER, Secretary of the Department of Health and Human Services, and Francis J. McDonough, Social Security District Manager, Jersey City, New Jersey, Appellants 1981-12-28
OBRIEN, Ann C., Appellant, v. ELI LILLY & COMPANY; E. R. Squibb & Sons, Inc.; the Upjohn Company, and Winthrop Company, Inc. 1981-12-28
James E. SEYFRIED, Individually and as next friend of Debbie Seyfried, a minor child; Frances L. Taylor, individually and as next friend of Keith Robert Taylor, a minor child, and Durward Allen Ekas, Individually and as next friend of Deborah Ekas, a minor child, Appellants, v. Bruce R. WALTON, Gooden T. Warren, Joshua T. West, Wellford W. Inge and Kenneth LaVere, individually and as members of the Board of Education of the Caesar Rodney School District, F. Neil Postlethwaite, individually and as Superintendent of the Caesar Rodney School District, and Caesar Rodney School District 1981-12-29
VIRGIN ISLANDS NURSING ASSOCIATIONS BARGAINING UNIT, Appellant, v. Dr. Roy L. SCHNEIDER, Commissioner of Health, and Department of Health 1981-12-30
FIRST NATIONAL STATE BANK OF NEW JERSEY, Assignee of Wiltek Leasing, Inc. v. RELIANCE ELECTRIC COMPANY, a Corporation authorized to do business in New Jersey, First National State Bank of New Jersey, Appellant 1981-12-30
Ralph J. PAOLINO, Appellant, v. CHANNEL HOME CENTERS and Air Control Industries, Inc. 1981-12-30
WILSHIRE OIL COMPANY OF TEXAS, Petitioner, v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent 1981-12-31
Michael RILEY v. LETTER CARRIERS LOCAL NO. 380, and National Association of Letter Carriers, and United States Postal Service. Appeal of Michael RILEY, in No. 81-1356. Appeal of UNITED STATES POSTAL SERVICE, in No. 81-1505 1981-12-31