Herbert Stephenson Boreman

How Judge Boreman rules, drawn from 25 signed orders. Every observation links to the order it came from.

Judge Boreman no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Fourth Circuit
Position
Circuit judge
Status
Deceased
Served
1959–1982
Appointed by
Dwight D. Eisenhower (Republican)
Commissioned
June 17, 1959
Education
West Virginia University College of Law, LL.B., 1920
Signed orders read
25

About Judge Boreman

Herbert Stephenson Boreman was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Dwight D. Eisenhower, Judge Boreman received a commission on June 17, 1959. Judge Boreman previously served on the United States District Court for the Northern District of West Virginia, commissioned there on July 22, 1954. Judge Boreman assumed senior status on June 15, 1971 and served until death on March 26, 1982.

How Judge Boreman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Dubin-Haskell Lining Corp. v. NLRB, Boreman set aside the Board's finding that the company unlawfully discharged Fred Cox because substantial evidence did not support that finding.

“The Board’s holding that the company violated sections 8(a) (3) and (1) by discharging Fred Cox is not supported by substantial evidence”

Looks beyond a tax understatement for additional facts and circumstances establishing willfulness.

“Willfulness, of course, may not be inferred from the mere understatement of income.”

Procedural preferences

In Heisler v. Cox, he found error in denying a federal evidentiary hearing on material factual issues left unresolved by the state habeas proceedings.

“The failure of the district court to do so in this case was error.”

In Black v. Central Motor Lines, Inc., he affirmed denial of a motion to intervene as untimely because the appellants did not show an abuse of discretion.

“there has been no showing by appellants that the district court abused its discretion in denying the motion to intervene as untimely.”

Cautions

Declines habeas review that would transfer the state jury's fact-finding role to a federal court.

“To require such exhaustive review would transfer the ultimate fact finding function from state court juries to the federal courts.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Dubin-Haskell Lining Corp. v. National Labor Relations Board
· 1967-03-10
Petition for review (employer-petitioner) Granted in part

“Enforcement granted in part and denied in part.”

Holloway v. Cox
· 1971-01-29
Appeal (habeas-petitioner-appellant) Denied

“Affirmed.”

Paige v. United States
· 1971-06-10
Appeal (section-2255-movant-appellant) Granted

“Vacated and remanded.”

Cohen v. Laird
· 1971-03-19
Appeal (service-members-appellants) Denied

“Affirmed.”

United States v. Bagdasian
· 1968-07-18
Appeal (criminal-defendant-appellant) Denied

“Affirmed.”

United States v. Warwick Mobile Home Estates, Inc.
· 1976-03-18
Appeal (United-States-appellant) Granted

“Remanded with directions.”

Hazeltine Research, Inc. v. Firestone Tire & Rubber Co.
· 1972-11-15
Appeal (patent-owner-appellant) Denied

“Affirmed.”

Vance Trucking Co. v. Canal Insurance Co.
· 1968-05-07
Appeal (insurer-appellant) Denied

“Affirmed.”

Vernatter v. Allstate Insurance Co.
· 1966-06-13
Appeal (plaintiff-appellant) Denied

“Affirmed.”

National Labor Relations Board v. Rish Equipment Co.
· 1968-10-03
Petition for review (agency-petitioner) Granted

“The petition for summary entry of a decree enforcing the Board’s order is granted.”

Boleski v. American Export Lines, Inc.
· 1967-10-12
Appeal (shipowner-appellant) Denied

“Affirmed.”

Board of County Supervisors of Henrico County v. Insurance Co. of North America
· 1974-04-09
Appeal (county-appellant) Granted

“Reversed.”

A historical record

Judge Boreman no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.