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In No. 77-5324, Third Circuitcuit assumed for purposes of addressing the § 1343 issue that a cause of action was stated under § 1983, and went on to direct dismissal for want of jurisdiction.
Moreover, if the court intended to direct dismissal, it is to be presumed that it would have done so unequivocally and directly by means of language, form of decree, and mandate generally employed for that purpose.
Mainly because the boss's wife was not an elected official empowered to give a direct dismissal order, the independent counsel did not think he could get a conviction, but concluded that her sworn denial of a "role" was a "strained interpretation of the language" and "is contrary to common sense".
Over its two decades, the Review studio was known for often witheringly direct dismissal of the work under discussion; there are still writers and artists whom I would fear meeting on a dark night after critiques they received on editions I chaired.
Similar(56)
9 We therefore reverse and remand to the District Court of Appeal of Florida, First District, with directions to vacate the judgment appealed from and direct the dismissal of any proceedings arising out of the charges on which that judgment was based.
Without expressing any opinion as to the jurisdiction of the court if it had been properly and seasonably challenged, we think the true solution of this matter will be found in reversing the decree upon the merits, and directing a dismissal of the suit as to the attorney general, without prejudice to any other suit or action.
The Fifa president, Sepp Blatter, has said he will seek to reinstate the dismissed Egypt Football Federation officials following the violent scenes in Port Said that resulted in 74 deaths, calling their dismissal "direct interference" by the Cairo government.
Mr. Buffenbarger was also direct, calling for the dismissal of Andrew P. Studdert, United's chief operating officer.
This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or a directed verdict after a jury conviction, Nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.
But advocate Eleanor Sharpston, one of the senior British members of the judiciary on the Luxembourg court, said the EU directive should be interpreted strictly and that Bougnaoui's dismissal amounted to direct discrimination on those grounds.
Spitzer dismisses her dismissal.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com