...qualified choice. But no such showing was made. On the contrary, the trial examiner found that the underlying employee sentiment at the time they signed the cards was that they d...of authorization cards signed by eight employees on March 29 and 30, 1963, these signatures being verified on April 1, 1963, by a card check conducted by a person chosen by Hyde. At the hearing before...the trial examiner, Hyde contended that, due to misrepresentations by the Union organizer when the authorization cards were obtained, at least five employees signed in the belief that the selectio...

..."change in the average time taken to resolve proceedings under [S]ection 206." The RFA reflects Congress's sentiment at the ...Commission to provide this court-within 21 days-with a meaningful explanation for the length of time the Commission takes for final action in Section 206 complaint proceedings, including those at...pathway for retail regulators to seek changes to regulated electricity rates. Public utilities may file a new rate at any time under Section 205 of...

...representations made to the effect that community sentiment at the time was unusually vindictive. Wilson was further advised that a continuance could be obtained for as long a time as would be nec...for the crime in question was less than was reasonably assumed at the time the plea was entered." Brady v. United States, supra, 397 U.S. ...sentence that he faced was less than that reasonably contemplated at the time he made his decision. The fact that his decision was influenced by a desire to avoid the apparent possibility of the d...

...] representation from Local 2332" and that they wanted "action to be taken to get [the Union] out of our agency so we can get our voices back!" It is undisputed that Respondent was unaware of this sentiment at the ...doubt about a union's majority status at the time the contract was made, when the doubt arises from facts known to the employer before its contract offer had been accepted by the union." ...employer here did not know at the time its contract offer was accepted that the Union's majority's status was in question, and, second, the employer did not merely harbor "a good faith doubt about ...

...location within the borders of the park of the World's Fair and was in response to the general public sentiment at the time ...Park. From time to time in the past many schemes have been devised which if successful would have resulted in encroachments more or less interfering with its basic purpose, viz., that of an open and.... Grouped around the Arsenal building at Sixty-fourth street and Fifth avenue, an old brick structure originally erected by the State as a State Arsenal, there is a menagerie of wild animals. Since...

..., including at least three other armed robberies;c. the absence of any serious mitigating factors related to the Petitioner's upbringing or the armed robbery itself;d. the community ...testimony presented to the Court, does hereby order that the defendant, Raymond Pratt, be confined in the West Virginia Penitentiary at Moundsville, West Virginia, for life, with credit for time...basis for the life sentence: The Court convened the hearing as scheduled on January 29, 2015. At that time, the Court elicited recommendations from both ...

...not make the statement, and the comment was merely Williams's interpretation of Walls's sentiment at the time. (D.I. 73 at B78.) And even if Walls did make such a comment to Williams, ...discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 (D.I. 18 at ¶ 53); (2) racial discrimination and retaliation in violation of...42 U.S.C. § 1981 (Id. at ¶ 58); (3) violation of their procedural due process rights under the Fourteenth Amendment of the U.S. Constitution (Id. at ¶ 67...

..., 95 S.Ct. at 2540. The petitioner voiced his own version of this sentiment at the time the decision was made when he said, ...assistance by failing to raise on appeal the issue of the denial of petitioner's right to self-representation at trial. The Appellate Division agreed with petitioner and reinstated.... Petitioner's Traverse and Memorandum of Law at 15. Respondent argues for denial ...

...special damages for the extraordinary expenses she would have to bear on account of her impairment. Id. at 956. The court acknowledged the uniform sentiment, at ...) before the fetus is viable, or (2) at any time during the pregnancy if either "the termination procedure is necessary to protect the life or health of the woman" or "the fetus ...defect or serious deformity or abnormality." Md. Code, § 20-209(b) of the Health-General Article. Notwithstanding that the State may not preclude an abortion, at any time, when the fetus has...

..., etc., and where, considering the act as a whole, the evil to be remedied, and public sentiment at the time of its passage, the purpose of the act clearly appears, — ...prohibit the operation and maintenance of a place where those games are engaged in which at the time article 625, supra, was enacted were...Legislature had no intention at the time to include under articles 625, 626, and 627 the selling of pools, bookmaking, betting on horse races, or permitting premises to be used for such purpose. If, as...

...] reflected the popular sentiment at the time and place, and furnished ample proof, if any were needed, that the chief purpose of the display was religious. There is no doubt, from ...symbol. Instead, we believe the controlling issue to be whether the display of the cross on city-owned property under the circumstances existing at the time of the trial o...with its display at the time of Lowe under the circumstances then existing, satisfies or fails to satsify the test established by the Supreme Court of the United States for applica...

...the charge in his petition that there existed at the time of the trial a general and widespread hostile sentiment against him in Harrison county, which had been created and fomented by ...change of venue to some other county. The burden of showing to the satisfaction of the court good cause for removing the case rests on the petitioner. Such good cause must exist at the ...accused existed throughout the entire county at the time of the trial. If this be true, and without any...

...knowledge and sentiment at the time of trial which occurred approximately 28 months after the shooting. Of the 123 potential jurors who were questioned individually, 60 were excused for various re..., 2007, James C. Magee shot and killed his wife Adrienne and their five-year-old son, Zack. He also injured his two daughters, nine-year-old S.M. and eight-year-old L.M. At the time of.... S.M., L.M., and Zack arrived at the daycare center by school bus at their regular time that afternoon. Zack had baseball practice that evening, so at approximately 4:40 p.m., Adrienne...

..., each iteration describing those living with the condition in a pejorative way. At the turn of the 20th century, people who were viewed as having limitations in intellectual advancement and social behavior were in...Department. These materials were incorporated by reference into the petition, and were filed at the same time in the form of a confidential exhibit. On the day the pet...committed to a particular secure treatment facility—the same one that was serving as interim housing at the time of the hearing. He explained that it was the least restrictive placement. Barrett's...

...Notre Dame from the mandate, frankly, I gave this argument short shrift. I did so because the prevailing sentiment at the time was that the Rules appeared to be on a shaky foundation. Ind...contraceptive coverage without cost-sharing.” [Opinion, DE 80, at 28.] In other words, it looked like the lawfulness of the Settlement Agreement was very much in play at the time. But, of course, ...continues to linger before me, this time on a second round of motions to dismiss. Previously, I largely denied motions to dismiss filed by the Department of Health and Human Services, the Department of Labor...

...termination hearing, a treatment coordinator at the half-way house testified he would need transitional time after his release to adjust before taking on full time child care responsibilities. The departme...cannot be returned to the custody of the child's parents as provided in section 232.102 at the present time. Roy was imprisoned for all...it would take at least six months from the time Roy was released from the half-way house to be in a position to assume care of Shiron. We have...

...to be the prevailing sentiment in Congress at the time that § 3 became as much a part of the "antitrust laws" as the other provisions of the Robinson-Patman Act. ...discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above any discount, rebate, allowance, or advertising service charge available at the time of such...amended, does not lie for sales at unreasonably low prices for the purpose of destroying competition or eliminating a competitor, which are forbidden only by § 3 of the Robinson-Patman Act. Pp. 374-382...

...(id. § 226(g)), and allows for the establishment of cooperative development plans to conserve oil and gas resources (id. § 226(m)). The language of § 225 reflects the general sentiment at ...scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values," while at the same time recognize "the Nation's need for domestic sources of.... NLRB, 721 F.3d 152, 160 (4th Cir. 2013). At the time the 2005 EP Act was...