Rufus Edward Foster

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1925–1942 Appointed by Calvin Coolidge (Republican) 25 signed orders read

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

How Judge Foster decides

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

What persuades

He treated substantial record evidence as sufficient to sustain an administrative labor order without reweighing the full record.

“we find sufficient substantial evidence in the record to support the Board’s conclusions and order.”

Procedural preferences

He enforced the statutory bar on suits restraining tax collection when the taxpayer could pay and pursue a refund action.

“The District Court was without jurisdiction to consider the case and enter the judgment.”

Cautions

He distinguished claim preclusion by asking whether the later federal action involved the same cause of action as the earlier state suit.

“While the parties are the same, it is evident the cause of action is different.”

Signed rulings

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

Farish v. Commissioner
· 1939-04-04
Petition for review (petitioners) Granted

“In each case the petition is allowed, the judgment of the Board is reversed and the causes remanded for further proceedings in conformity to the opinion entered in the cases of W. S. Farish and Libbie Rice Farish v. Commissioner, 5 Cir., 103 F.2d 63, decided this day.”

Firestone Tire & Rubber Co. v. Nollman
· 1939-11-14
Appeal (appellant) Denied

“Affirmed.”

Davis v. United States
· 1940-06-28
Appeal (appellant) Denied

“The judgment is affirmed.”

Southern Railway Co. v. Wood
· 1940-12-12
Appeal (defendant) Denied

“Affirmed.”

Brown v. Goodyear Yellow Pine Co.
· 1939-03-24
Appeal (plaintiff) Denied

“The judgment is affirmed.”

Young v. Louisiana Oil Refining Corp.
· 1940-06-04
Appeal (plaintiff) Denied

“Affirmed.”

Texas Co. v. National Labor Relations Board
· 1940-06-19
Petition for review (petitioner) Denied

“The petition is dismissed and a decree will be entered enforcing the order of the Board.”

O'Brien v. Southern Steamship Co.
· 1941-03-04
Appeal (libelants) Denied

“The judgment is affirmed.”

Blackmon v. United States
· 1942-02-24
Appeal (appellants) Denied

“The judgment is affirmed.”

Graham v. Federal Tender Board No. 1
· 1941-03-04
Appeal (appellant) Denied

“The judgment is affirmed.”

Rust v. Boyer
· 1939-02-03
Appeal (appellant) Denied

“Affirmed.”

Commissioner of Internal Revenue v. N. B. Whitcomb Money Syndicate
· 1938-03-29
Appeal (Commissioner) Denied

“Affirmed.”

A historical record

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