Legal Opinion · Dissent
Norfolk Shipbuilding & Drydock Corporation v. Robert T. Nance
Court of Appeals for the Fourth Circuit
Decided January 9, 1989No. 87-3892Published
1DissentMurnaghan, Circuit Judge
The Norfolk Shipbuilding and Drydock Corporation (Norfolk Ship) made a slight but significant error, which may or may not be decisive here insofar as the order to reinstate Robert T. Nance with back pay is concerned. It simply failed to cross all the t’s and dot all the i’s by not complying exactly with the Government’s settlement form LS-471. The AU, the Benefits Review Board, and most recently the majority have employed various legal and logical gymnastics to convert that failure at contract integration into a breach by Norfolk Ship of the statutory prohibition on employers from…
2Cases cited7 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Louis E. FULGENCE, Plaintiff-Appellant, v. J. RAY McDERMOTT & CO., Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1981
- Freeman v. Motor Convoy, Inc.Court of Appeals for the Eleventh Circuit · 1983
- Francis v. Geddes, Jr. v. Benefits Review Board United States Department of Labor, Washington Metropolitan Area Transit Authority, IntervenorCourt of Appeals for the D.C. Circuit · 1984
- Julianna Ellett Giant Food, Inc.Court of Special Appeals of Maryland · 1986
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