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· 5/29/1865

United States v. One Thousand Seven Hundred & Fifty-Six Shares of Capital Stock

Citations

  • 27 F. Cas. 337
  • 5 Blatchf. 231
  • 1865 U.S. App. LEXIS 325

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a complainant’s failure to exhaust available administrative remedies constituted sufficient justification for entering summary judgment against him
  • recognizing that an employee manual will only be considered a binding contract where there is evidence that the parties “intended to be contractually bound by the provisions in the manual or evidence that a reasonable person would have believed such intent existed”
  • stating that a breach of the duty “requires proof of acts amounting to fraud or deceit on the part of the employer”
  • nothing that the burden shifts to the nonmoving party to present evidence after the moving party has identified portions of the record that “demonstrate the absence of a genuine issue of material fact”
  • finding that defendant’s “argument with respect to the [plaintiff] being an executive and, therefore, exempt from the WDA is more appropriate for a Motion for Summary Judgment after the discovery process has occurred.”
  • “[T]he implied duty of goseoed afalsioth and fair dealing arises by implication through the existence of a contract itself.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.