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Pullman-standard Vs. Swint

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  • US Supreme Court
  • Apr 27, 1982

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68 entries 3 linked 65 unlinked
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  1. Mcdonnell Douglas Corp. Vs. Green US Supreme Court · May 14, 1973
  2. Helvering Vs. Rankin US Supreme Court · Apr 29, 1935
  3. Commissioner Vs. Heininger US Supreme Court · Dec 20, 1943
  4. U.S. 273 (1982) U.S. Supreme Court Pullman-Standard v. Swint
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  5. U.S. 273 (1982) Pullman-Standard v. Swint
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  6. Griggs v. Duke
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  7. Teamsters v. United
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  8. a seniority system, even though the result may be to perpetuate pre-Act discrimination. In Trans World Airlines, Inc. v. Hardison
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  9. District Court approached the question of discriminatory intent in the manner suggested by the Fifth Circuit in James v. Stockham
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  10. Ibid. Finally, quoting from East v. Romine
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  11. previously noted the vexing nature of the distinction between questions of fact and questions of law. See Baumgartner v. United
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  12. Treating issues of intent as factual matters for the trier of fact is commonplace. In Dayton Board of Education v. Brinkman
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  13. in the past. We recognized that issue as essentially factual, subject to the clearly erroneous rule. In Commissioner v. Duberstein
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  14. had been made. Both issues were held to be questions of fact subject to the clearly erroneous rule. In United States v. Yellow
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  15. Rule 52. Justice Black's dissent in Yellow Cab suggested a contrary approach. Relying on United States v. Griffith
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  16. a) in the course of disagreeing with the District Court's resolution of the factual issues deemed relevant under James v. Stockham
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  17. DeMarco v. United
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  18. of the law, a remand is the proper course unless the record permits only one resolution of the factual issue. Kelley v. Southern
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  19. Together with No. 80-1193, United Steelworkers of America, AFL-CIO, et al. v. Swint
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  20. In United States v. United
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  21. See Jackson v. City
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  22. Payne v. McLemore's
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  23. Wilkins v. University
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  24. Lindsey v. Mississippi
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  25. Joshi v. Florida
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  26. Phillips v. Joint
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  27. Danner v. United
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  28. Thompson v. Leland
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  29. Crawford v. Western
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  30. Burdine v. Texas
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  31. Williams v. Tallahassee
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  32. Parson v. Kaiser
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  33. Causey v. Ford
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  34. East v. Romine
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  35. are independently reviewable. In Baumgartner v. United
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  36. has its roots in this discussion in Baumgartner. In Galena Oaks Corp. v. Scofield
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  37. that an appellate court may review free of the clearly erroneous rule. Causey v. Ford
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  38. Motor Co., supra, at 421, relying on Galena Oaks Corp. v. Scofield
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  39. and, as such, was deemed to be independently reviewable. The passage from East v. Romine
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  40. which was repeated in the cases before us now, supra at 456 U. S. 285 , rested on the opinion in Causey v. Ford
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  41. Furnco Construction Corp. v. Waters
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  42. There is substantial authority in the Circuits on both sides of this question. Compare United States ex rel. Johnson v. Johnson
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  43. Stafos v. Jarvis
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  44. and Johnson v. Salisbury
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  45. F.2d 374, 377 (CA6 1971), with Rogers v. Bates
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  46. and Pennsylvania Casualty Co. v. McCoy
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  47. that conclusions on mixed questions of law and fact are independently reviewable by an appellate court, e.g., Bogardus v. Commissioner
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  48. Helvering v. Tex-Penn
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  49. U. S. 123 , 295 U. S. 131 (1935). But cf. Commissioner v. Duberstein
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  50. Rule v. International
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