Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → f-supp → Volume 221

Opinions in f-supp Volume 221

This is an action for damages for alleged intentional misrepresentations in the sale of the stock of a real estate cor*2poration. Jurisdiction is based on diversity of citizenship. The real estate was located in Massachusetts, the contract of purchase was made there, and the closing took place there. The parties agree that Massachusetts law applies. There is no serious dispute between the parties ...
Views: 0
This action is brought by the plaintiff union to compel arbitration under its 1955 Settlement Agreement with the defendant of a dispute provoked by the company’s decision to hire the Gellatly Construction Company, of Bridgeport, Connecticut, to relocate the manufacturing facilities of General Electric’s Automatic Blanket and Fan Department within the area of its plant at Bridgeport. This project i...
Views: 0
221 F.Supp. 15 (1963) HIGHLAND SUPPLY CORPORATION, a corporation, Plaintiff, v. REYNOLDS METALS COMPANY, a corporation, Defendant. No. 63 C 53(2). United States District Court E. D. Missouri, E. D. August 21, 1963. *16 John C. Kappel, Kappel & Neill, St. Louis, Mo., Shipley, Akerman & Pickett, Washington, D. C., for plaintiff. Lewis C. Green, Green, Hennings, Henry, Evans & Arnold, an...
Views: 0
221 F.Supp. 19 (1963) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff, Railway Labor Executives' Ass'n, Intervenor Plaintiff, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, the International Ass'n of Machinists, and the Brotherhood of Railway Carmen of America, Intervenor Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commissi...
Views: 0
This statutory three-judge court was convened upon the filing of a complaint by the Brotherhood of Maintenance of Way Employees against the United States and the Interstate Commerce Commission. 28 U.S.C.A. §§ 1336,1398, 2284 and 2321-2325. The complaint attacks the validity and sufficiency of the report and order of that Commission which, pur*22suant to 49 U.S.C.A. § 5(2), approved, under specifie...
Views: 2
At all times material to this action, plaintiff Ben H. Adelson was a duly certified and licensed teacher at the secondary education level in the Los Angeles City School System. He taught English language and literature courses, various reading courses and journalism. During the spring term of 1958, plaintiff was on sabbatical leave from his employer pursuant to the rules and regulations of the Cal...
Views: 0
These actions were brought for the recovery of estate taxes paid by the taxpayers who were heirs-at-law of Georgia C. Jones, deceased, after the administration and closing of her estate. At the hearing of these cases before the Court, the parties submitted a stipulation covering the facts of the case which may be summarized as follows: Georgia Coleman Jones, died testate on the 12th day of Ja...
Views: 1
On December 26, 1962 this Court entered an order directed to all persons who prior to February 21,1962 had purchased shares of Transitron Electronic Corporation to show cause why this Court should not approve an Agreement of Compromise and Settlement between plaintiffs and defendants in the following five lawsuits : 1. United States District Court for the District of Massachusetts, Cherner...
Views: 3
This case is before the Court in response to an order to show cause why application for counsel fees and disbursements and petitions for reimbursement to plaintiffs and intervenors should or should not be granted. Applications of counsel included: 1. Jacob Green, Louis Loss, James D. St. Clair, and Marvin Cherner, attorneys for the class of Transitron stockholders» including plaintiff...
Views: 4
Bankrupts, husband and wife, have filed this petition for review [Title 11 U. S.C. § 67, sub. c, § 39, sub. c of the Bankruptcy Act] of the Referee’s order affirming a decision of the trustee denying certain claims of exemption under the California exemption statutes. Each of the bankrupts claimed as exempt the sum of $1,000 in the Humboldt Federal Savings and Loan Association, and $1,500 in th...
Views: 0
Sire 57th Street Plan, Inc. (hereinafter referred to as the “debtor”) is a New York corporation which was incorporated on or about the 22nd day of October, 1958. It is one of a number of affiliated corporations which filed a joint petition for reorganization under Chapter X on the 16th day of February, 1963. The debtor is the owner by assignment of a leasehold on premises known as 408 West 57th St...
Views: 0
This case came on regularly for trial before the court, without jury; the parties appeared by their respective attorneys of record; and the court, having heard the evidence and argument of counsel, and having considered the briefs and proposed findings of fact and conclusions of law submitted by counsel, makes the following findings of fact and conclusions of law. I. The plaintiff is an Ohio corpo...
Views: 1
The United States seeks an injunction requiring the defendants to admit Negro children who are dependents of military and civilian personnel stationed or employed at Fort Lee, Virginia to schools attended only by white pupils. The United States bases its claim upon two grounds; first, that pursuant to P.L. 815, Chapter 19 of Title 20 U.S.C. (20 U. S.C. § 631 et seq.), the Prince George Cou...
Views: 2
221 F.Supp. 106 (1963) CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendant. Civ. No. 3055. United States District Court N. D. Indiana, South Bend Division. September 5, 1963. *107 Lawyer, Schroer & Eichhorn, Hammond, Ind., for plaintiff. Lee Loevinger, Asst. Atty. Gen., Elliott H. Moyer, Atty., Dept. of Justice, Was...
Views: 1
This is an action to vacate, annul, and set aside an order issued by the Interstate Commerce Commission, dated January 24, 1962, authorizing the issuance of 10,000 shares of common capital stock by the Chicago South Shore and South Bend Railroad, in connection with an employee stock option plan, in so far as that order attaches as a condition of such issuance^that the selling price of the stock su...
Views: 0
This matter is before the Court on Council Manufacturing Corporation’s Motion To Quash Summons And To Dismiss. Plaintiffs are Missouri residents and defendant, Council Manufacturing Corporation, is an Arkansas corporation, not licensed to do business in Missouri. The action arises out of a purchase by plaintiff, Simpkins, of ice making and ice vending equipment. Plaintiffs caused summons to be ser...
Views: 0
The petitioner, Hassie Cane Martin, is presently confined in the Kentucky State Penitentiary at Eddyville, Kentucky, under a judgment of the Fayette Circuit Court entered in October, 1960. At the April, 1960 session of the grand jury of that court an indictment was returned charging Martin and Willie Gaines Smith with the willful murder of Clin Alexander. Shortly after the indictment was returned,...
Views: 0
The plaintiff is a citizen of Copiah County, Mississippi. He was a former employee of the Thyer Manufacturing Corporation at Collins. He was a member of the Local Union 1924 of the United Brotherhood of Carpenters and Joiners of America. The Thyer Manufacturing Corporation was engaged in the manufacture of prefabricated houses which were sold and transported in interstate commerce. The labor union...
Views: 1
In this action the plaintiff seeks to recover actual and punitive damages for *120alleged slanderous statements made by an employee of the defendant while acting in the scope of his employment to third persons accusing the plaintiff of having committed a felony. The pertinent allegations of the plaintiff’s complaint are set forth in paragraphs III through V, as follows: “III. “At various times and...
Views: 0
Certain creditors, in a petition filed by their attorney, Cyrus A. Ansary, seek a review of the order of the Referee appointing Harold P. Juren as trustee in-bankruptcy pursuant to an election by the creditors. In effect, the complaint is that the Referee failed to declare Ansary elected. At the first meeting of creditors the Referee called for nominations for trustee. Juren was nominated ...
Views: 0
This suit was originally filed December 9, 1960, against Henderlong Lumber Company and Arnold Henderlong. Plaintiff subsequently filed an amended complaint in two counts, adding Aafco Heating Company as co-defendant. The amended complaint alleges that plaintiff was formerly employed by the Stanray Corporation as a chemist. While so employed, he sustained injuries on April 7,1960, from the ...
Views: 2
Plaintiff Boise Cascade Corporation filed an action for $125,000 which it was required to pay in settlement of two negligence actions and which it seeks to recover from Nicholson Manufacturing Company under a contract of indemnity. On June 3, 1957, Nicholson Manufacturing Company (Seller) entered into a “Barker and Slip Installation Agreement” (agreement) with Valsetz Lumber Company whereby it agr...
Views: 0
In two libel actions (consolidated for trial) in which the alleged libel is that plaintiffs’ “Diapulse” physiotherapeutic device was valueless and the claims made for it unfounded in fact, defendants, by permission, move for leave to plead as complete defenses that the plaintiff New York manufacturer or wholesaler of the Diapulse physiotherapeutic device had not applied for and received a registra...
Views: 1
This is a Petition for Naturalization of Theodores Sotos. The question to be determined by the Court is whether the petitioner has established that he meets the requirements for naturalization as a citizen of the United States and, more particularly, the requirement that he be a person of good moral character. The Court finds that he does meet said requirements, and the Petition for Naturalizatio...
Views: 0
'This is an infringement suit brought by the plaintiff, assignee of United States Patent No. 2,647,225, issued July 28, 1953, to Cole and Christensen. Both the plaintiff and the defendant are manufacturers of electrical devices. The subject matter of the patent is a panel on which are mounted automatic circuit breakers. The assembly is called a “load center” and is intended to perform (principally...
Views: 0
On motion of defendant, Aluminum Company of America, for summary judgment. This is an action for damages for allegedly wrongful termination of a representation contract between plaintiff as. distributor and defendant, Cupples Products Corporation (hereinafter called “Cupples”), as principal. The termination of this agreement was accomplished on or about February 1, 1960. On January 5, 1960, defend...
Views: 0
At about 4:45 p. m., August 31, 1960, Mrs. Daisy Allison Dutruch, wife of Allen Dutruch, was involved in an auto accident with a pick-up truck operated by Mr. Kenneth Jude Roy and owned by the United States Department of Agriculture, Agriculture Research Service Plant Pest Control Division, which was then located in Hammond, La. She suffered injuries and initiated this suit under the Federal Tort ...
Views: 0
William Albert Bourland was duly adjudged a bankrupt and David R. Levin was appointed his trustee in bankruptcy. Among the assets of the bankrupt was a 1957 Oldsmobile convertible upon which Crown Discount Corporation held a lien in the sum of $928.80 secured by deed of trust. On May 6, 1963 the Referee in Bankruptcy sent to all creditors, including Crown Discount Corporation, an order to show cau...
Views: 0
Defendants are a corporation operating a pharmacy, two of its principals, and an employee. They are charged in a fourteen count information filed against them on July 3, 1963, both with making sales of drugs without a prescription and refilling prescriptions without authorizations from the prescribers in violation of the Federal Food, Drug, and Cosmetic Act (“the Act”)." Two motions are before ...
Views: 0
The claimant, Eleanore McCarthy, has moved that this proceeding commenced by the United States on June 19, 1962, to exonerate from or limit its liability, be transferred to the United States District Court for the District of Massachusetts. The petition arises out of the events of December 18 and 19, 1961, when the Fishing Vessel BARBARA and GAIL, which had lost its rudder and was in the tow of th...
Views: 0
On September 20, 1956, the Plaintiff Dillard Nolan was seriously and permanently injured by a collision with a motor vehicle described as a dump truck, hereinafter referred to as “the truck”, which was operated by one Burley Howard, for which Plaintiff secured judgment against Burley Howard in the sum of $23,018.95, affirmed by the Kentucky Court of Appeals on January 20, 1961 (Nolan v. Nally, Ky....
Views: 0
This action for personal injuries and wrongful death is now before the Court on the motion of plaintiff to remand the cause to the Circuit Court of Chicot County, Arkansas, whence it was removed to this Court by the defendant Walter D. McCormick and by the cross-defendant Ramsey Towing, Inc. (formerly McCormick-Ramsey, Inc.). Although the motion to remand is not accompanied by a separate statem...
Views: 0
The defendant, Robert M. Bair, was indicted prior to April 15, 1963, for alleged violations of § 7206(2), Title 26 of the United States Code of Laws, which indictment stated that on or about April 15, 1957, said defendant violated said section. In June 1963, the indictment was dismissed by this court upon the ground that it was duplicitous. Subsequently the defendant was reindicted and charged wit...
Views: 0
This is a proceeding brought by J. B. Acton, Inc; (hereinafter referred to as Acton) under Title 28 U.S.C.A. §§ 1336, 2284 and 2321 to 2325, to restrain, annul, enjoin and set aside an order of the Interstate Commerce Commission (hereinafter referred to as the Commission) dated April 3, 1962, entered in Docket No. MC-C-2985, J. B. ACTON, INC., Investigation and Revocation, 89 M.C.C. 59. This ca...
Views: 1
Plaintiffs filed an Income Tax Return for the year, 1956, reporting as capital gain an amount of $45,000 derived from the sale of all interest which plaintiff, Charles Shilowitz (hereinafter referred to as “Shilowitz” or “the taxpayer”), 1 held in two corporations. The Commissioner of Internal Revenue determined that this item did not constitute capital gain and should be treated, fo...
Views: 0
The narrow issue for consideration may be stated as follows: Under Virginia law may a wife recover in an action, where her husband has been negligently injured by a third party, for loss to the wife of the services and companionship of the husband occasioned by the injuries? As this action was originally maintained Richard J. Carey and Virginia F. Carey, husband and wife, filed a comp...
Views: 0
This cause came on to be tried before the Court, sitting without a jury, on February 4th through February 12th, 1963. This is an action for alleged infringement of two patents brought by Mohasco Industries, Inc., a New York corporation (hereinafter referred to as Mohasco) against E. T. Barwick Mills, Inc., and Barwick Carpet Mills, Inc., both Georgia corporations. For the purposes of this suit,...
Views: 1
This is an action under section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Edu-. cation and Welfare, giving this Court the power to enter upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Secretary, with or without, remanding the cause for rehearing. The ...
Views: 0
Plaintiff has brought suit against the five defendants for patent infringement. *213Defendants admit infringement, but deny the validity of the patent, claiming that it lacks invention over the prior art. The five actions were consolidated and tried non-jury. The patent in issue covers a wood pallet or platform, rectangular in shape, used largely for the loading and transportation of finished slat...
Views: 1
A suit was filed in the Circuit Court of Milwaukee County by Robert J. Shaw, a citizen of the State of California. Named as defendants in that suit were John E. Gibbs, alias Ed Giebisch, a citizen of the State of Connecticut, and the First Wisconsin Trust Company, a Wisconsin corporation. Upon the petition of defendant Gibbs, the cause of action was removed to the United States District Court for ...
Views: 0
In response to an inquiry by the Court by means of a questionnaire, the defendants have asserted that the amount in controversy in this case does not exceed $10,000 exclusive of interest and costs. The plaintiff, on the other hand, claims a verdict for any amount up to $25,000 would be warranted by the evidence. The undisputed facts apparent from the record and briefs in this cause are as follows:...
Views: 0
The four above captioned causes were consolidated for trial, and the Court has heard and considered the testimony and the evidence of the respective parties. Trial by jury was not demanded [on] any issues in the causes by any of the parties, and the Court now enters its Findings of Fact and Conclusions of Law, pursuant to Rule 52(a). STATEMENT AND FINDINGS OF FACT Each of these causes involve...
Views: 0
Findings of Fact: 1. During the period 1957 through 1961 and for several years prior thereto, the defendant Leonid Tankel controlled and operated a corporation known as General Stamp Company. 2. On August 1, 1957, the defendant General Parcel and Travel Co., Inc. was incorporated and organized under the laws of the State of New York. Its officers were Leonid Tankel, Mrs. Leonid Tankel, and Mrs. ...
Views: 0
This is an action under 35 U.S.C. § 145, seeking a judgment authorizing the defendant, Commissioner of Patents, to issue a patent to plaintiff containing claims 12 and 13 of his application Serial No. 639,275, filed on February 11, 1957, and entitled “Flexible Tubing”. Claims 12 and 13 call for a flexible guide tube per se for a flexible control rod, the latter oftentimes being referred to in the ...
Views: 0
Remanded to this court for a determination of damages occasioned by the death of Robert Edward Gardner, Jr. when he fell or threw himself off the SS BULKCRUDE on the night of December 8, 1958, while the vessel was proceeding south off the Florida Keys, several interesting contentions are advanced by the respective parties. The deceased seaman was survived by his widow, Valerie Jean Gardner...
Views: 4
This is an action by plaintiffs-taxpayers, Tom H. Hagan and his wife, Reba Louise Hagan, to recover $3,361.11 paid under protest to the United States ■on December 30, 1960. In the plaintiffs’ 1958 joint federal income tax return they deducted $8,500.00 as a business bad debt. The Commissioner of Internal Revenue did not allow this deduction and assessed a deficiency against the plaintiffs for t...
Views: 0
This libel is brought by a Greek seaman against the Steamship Yiosonas, a vessel registered under the Greek flag, and against the vessel’s owner, Coronado Compañía Naviera, S.A. (Coronado), a Panamanian corporation, to recover damages arising out of personal injuries allegedly sustained by libellant while aboard said vessel in the Port of Baltimore on September 2, 1961; negligence on the part of C...
Views: 2
Two basic issues are raised in this action under the Capehart Act [Title 42 U.S.C. § 1594 et seq.]. First, are the requirements as to notice of default under a Capehart Act bond the same as the notice requirements under the Miller Act [Title 40 U.S.C. § 270b(a)]? Second, assuming that the Capehart Act notice requirements are not the same as the Miller Act requirements, is defendant, under the part...
Views: 1
Plaintiff brings this action pursuant to 49 U.S.C. §§ 17(9), 305(g), 305(h), 5 U.S.C. § 1009 and 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, to permanently enjoin, set aside or annul certain orders made by defendant Interstate Commerce Commission (hereinafter referred to as Commission), in the case entitled, Hale Distributing Company, Inc., Common Carrier “Grandfather” Application, MC-118127, dec...
Views: 0
This case was submitted upon a stipulation between the plaintiff and the Government and, accordingly as I advised counsel at the hearing, I do not deem it necessary for me to make any definitive findings of fact. My conclusions of law will be stated herein and will be based upon the facts as stipulated. Based upon the stipulation, for the purposes of this opinion the facts may be briefly stated a...
Views: 0
In less than ten years, the legal and social complexion of our nation has undergone a dramatic change. The epochal decisions of the United States Supreme Court in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954) ; 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955), have worked a revolution in American race relations. The tempo of that revolution is ever quickening and its...
Views: 0
This is an action for personal injuries arising from the collision of two motor vehicles. The plaintiff Roberson was a guest-passenger in a vehicle owned by his employer, Lance, Inc., a North Carolina corporation whose employees were covered by the workmen’s compensation laws of that state; the Lance vehicle was being driven at the time of the accident by Roberson’s fellow-employee, the third-p...
Views: 2
The controversy in this case grows out of a Certificate of Review to this court by Honorable Elmore Whitehurst, Referee in Bankruptcy at Dallas, Texas. The question presented, in short, is, Does a carryback tax item under *283'Title 26, 172 of the Revised Annotated Statutes belong to the Trustee for the benefit of creditors, or does it go to the bankrupt? The Referee held that it belonged to "the ...
Views: 0
Sharon Van Dorn, by her Father and next friend Edward Van Dorn, and Edward Van Dorn (hereinafter referred to as “plaintiffs”) filed their complaint in the Circuit Court of Clinton County, Illinois. Count I is by plaintiff Sharon Van Dorn and is against defendant Thomas Huffman, Administrator of the Estate ■of Bobbie Lou Huffman, and alleges that plaintiff was a guest passenger in a vehicle bein...
Views: 2
The issue presented by this application is whether or not the court has the power to fix the attorneys’ fees of Sullivan & Cromwell for their legal services, rendered after July 7, 1961 the date of the filing of the reorganization petition, in the Biltmore litigation without a maximum or ceiling for such compensation having first been fixed by the Interstate Commerce Commission under § 77, sub. c(...
Views: 0
This is a suit to recover refunds of federal income taxes erroneously paid for the taxable years 1953, 1954 and 1955. The claims of plaintiff are based upon the assertion that he was a non-resident for the required period and earned his income as a salary from the partnership Emerson Engineers of which he was a partner. Defendant asserts that plaintiff’s income for the respective years was derive...
Views: 0
This cause is now submitted upon the plaintiffs’ motion for a preliminary injunction. Upon consideration of the evidence, consisting of requests for admissions and responses thereto, the deposition of the Macon County, Alabama, school superintendent and the exhibits thereto, and the oral testimony of the various witnesses, together with the several exhibits to that testimony, this Court now makes...
Views: 0
This motion by plaintiffs for a preliminary injunction raises questions under the Railway Labor Act (45 U.S.C. § 151 and following; the “Act”), made applicable to air carriers by amendments effective April 10,1936 (45 U.S.C. § 181). The facts are perfectly clear and beyond dispute; the questions are only of law. The action is for an injunction and a declaratory judgment. Plaintiffs are President M...
Views: 0
This matter is before the Court on the following motions: 1. Of defendant, Tectum, to dismiss or quash the return of service on the grounds that Tectum is an Ohio corporation, is not subject to service of process in Pennsylvania, is not licensed to do business in Pennsylvania, is not doing business in Pennsylvania, and was not properly served. 2. Of third-party defendant, Hunter, (a) to dismiss or...
Views: 0
The plaintiff filed this personal injury action against the defendant on January 4, 1963. The plaintiff is a resident of New Castle, Pa. and the defendant is a resident of Geneva, Ohio. This action was filed in Federal Court on the basis of diversity of citizenship. The plaintiff is suing for personal injuries sustained in an automobile accident which occurred on January 19, 1961. The Ohio Statute...
Views: 0
These two actions were commenced in the District Court of Shawnee County, Kansas, on October 29, 1962. The plaintiffs’ petitions alleged that they were residents of Wilson County, Kansas, and that on or about December 23, 1960 the defendants and each of them sold to the plaintiffs an electric fry cooker in its original carton, unopened, which cooker was supplied to the defendants by the Roto Broil...
Views: 0
A trial of this case resulted in a judgment that plaintiff’s patent is valid and that defendant had infringed that patent. England v. Deere & Company, S.D.Ill., 182 F.Supp. 133, after that judgment was affirmed, England v. Deere & Company, 7 Cir., 284 F.2d 460, cert. denied 365 U.S. 870, 81 S.Ct. 904, 5 L.Ed.2d 860, the cause was referred to a special master for an accounting of damages. P...
Views: 0
This cause having been heard by the Court on the Motion of plaintiff the United States of America for a preliminary injunction the Court makes the following findings of fact and conclusions of law. Findings of Fact 1. On November 2, 1959, a group of more than 200 railroads including defendant Florida East Coast Railway Company (hereinafter referred to as “Florida”) served notice pursuant to Sect...
Views: 0
This is an action in which petitioners seek to set aside and enjoin a report and order of the Interstate Commerce Commission entered on October 5, 1962 granting intervenor-defendant Railway Express Agency, Inc. (REA) five certificates of public convenience and necessity authorizing REA to operate as a common carrier by motor-vehicle in interstate or foreign commerce of general commodities movin...
Views: 4
This is an admiralty proceeding based on a maritime tort, arising out of an accident occurring June 19, 1957, on the inland waterways of Pennsylvania, instituted on behalf of the widow and three minor children, then ages five, three and two, for the death of the husband and father, who was drowned while performing his duty as a vessel pilot. The right to recover must be based on the Pennsylvania l...
Views: 0
Plaintiffs have moved for a preliminary injunction in connection with an action brought against the defendant Grace Lines for a permanent injunction against violations by defendant of the provisions of § 41 of the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. § 941, et seq.) and the Safety and Health Regulations for Longshoring (29 C.F.R.) promulgated thereunder. Jurisdiction is b...
Views: 0
The defendant moves this Court for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure to dismiss the action for improper jurisdiction and forum non conveniens. Plaintiff, a resident of Jamaica, West Indies, instituted this action against the defendant, a New York corporation, to recover damages for personal injuries sustained in Kingston, Jamaica, on June 28, 1...
Views: 2
This is an action based on the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 401 and following ; “the Act”). Whether the Court has jurisdiction must be determined from the Act itself. The motion is by plaintiff for a preliminary injunction. There is a cross-motion by defendant to dismiss the complaint for lack of jurisdiction over the subject matter and for failure to state ...
Views: 2
This is a motion pursuant to 28 U.S. C.A. § 1447 to remand the action to the Supreme Court, State of New York, County of New York. Plaintiff contends that it was improvidently removed. The underlying action is for monies had and received by defendant, Eastern Air Lines, Inc. (hereinafter Eastern), pursuant to an agreement (entitled Memorandum of Understanding) entered into between Eastern and Flig...
Views: 1
Petitioner asks to be naturalized. The Government resists on the ground that he has forfeited his right thereto. The United States Naturalization Examiner on June 3, 1963 concluded, “I recommend, therefore, that this petition for naturalization be denied on the ground that the petitioner has failed to establish that he is not ineligible for citizenship by virtue of the provisions of Section 315 of...
Views: 0
The motion is under Fed.R.Civ.P. 12 (b) (6) by the third party defendant to dismiss the third party complaint of the United States for failure to state a claim upon which relief can be granted. The action is for personal injuries suffered by plaintiff when she fell on a stairway at the Fort George Station of the Post Office on upper Broadway in the City of New York. The action is authorized by 28 ...
Views: 0
This cause instituted by a citizen of Tennessee against a Missouri corporation having its principal place of business at Nevada, Missouri, was removed by the defendant from the Circuit Court of Vernon County, Missouri, on the ground of diversity of citizenship. Counsel for defendant voluntarily advises that the petition for removal shows on its face that the removing defendant is a resident of Mis...
Views: 0
The motion is by plaintiff to remand the action to the New York Supreme Court, New York County, 28 U.S.C.A. § 1447(c). The action was removed from the state court by defendant Lehman and other defendants. The motion to remand is granted. The complaint alleges two causes of action. Removal as to the first cause of action was based on diversity of citizenship (28 U.S.C.A. § 1332(a) (1)) and as to th...
Views: 0
This is an appeal from the final decision of the Secretary of Health, Education and Welfare disallowing plaintiff’s claim for old-age insurance benefits under Section 202(a) of the Social Security Act, 42 U.S.C.A. § 402(a). The United States Attorney now moves this court for judgment under Federal Rule of Civil Procedure No. 56 on the grounds that since there is no genuine issue as to any fact upo...
Views: 0
On January 2, 1929, plaintiff and defendant, Southern Bell Telephone & Telegraph Company, and Louisiana Power & Light Company, hereafter referred to as Telephone Company and Power Company, entered into an Agreement for Joint Use of Poles, which Agreement was in accordance with the “Principles and Practices For The Joint Use of Wood Poles” By Supply and Communication Companies, issued February 1...
Views: 1
This is an action under 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, 1 and *371 5 U.S.C. § 1009, in which the New York, New Haven and Hartford Railroad Cornpany and its trustees in reorganization and 18 other railroad corporations seek *372 to set aside and annul a report and order of the Interstate Commerce Commission in Investigation and Suspension Docket ...
Views: 0
Complainant brings this suit in behalf of his minor son, Offord Touchet (Touchette), for damages for injuries caused by negligence attributed to defendants Petroleum Offshore Leaseholds and Petroleum Leaseholds, Inc. The defendant Travelers is liability insurer for the other two defendants and all three will be collectively referred to as Petroleum. All defendants are non-resident corporations,...
Views: 0
The petitioner, Leroy Haith, a Federal prisoner, now serving a three and one-half year sentence for violating the statutes relating to the manufacture, etc., of untaxed liquor, has filed his second motion to vacate his sentence under 28 U.S. C.A. § 2255. He also claims that this motion is brought under § 2244 which pertains to the finality of a prior determination in a habeas corpus proceeding. Si...
Views: 0
This is an action under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review the final decision of the Secretary of Health, Education and Welfare, denying a period of disability and disability insurance benefits to plaintiff under sections 216 (i) and 223(a) of the Act, 42 U.S.C.A. §§ 416(i) and 423 (a). Both sides have moved for summary judgment. The Court’s function in this...
Views: 0
The above named bankrupt corporation was heretofore engaged in the business of processing and handling strawberries. By virtue of these activities, the corporation became indebted to petitioner, the Department of Agriculture of the State of California, in the sum of $1,638.-44, representing assessments duly determined and levied under the Marketing Order for California Strawberries and the Market...
Views: 1
This cause came before the Court on a petition by the Gold Bond Stamp Company under Section 5(b) of the Antitrust Civil Process Act, 15 U.S.C.A. §§ 1311-1314, hereafter referred to as the Act, for an order modifying or setting aside a Civil Investigative Demand served upon it by the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice. The petitioner ...
Views: 1
This wrongful death action is now before the Court on motion of the third party defendants to dismiss the third party complaint on the ground that it fails to state a claim upon which relief can be granted. The motion has been submitted on the record in the case, including memorandum briefs filed in connection with the motion as provided by Local Rule 8 of this Court. In passing upon the motion...
Views: 0
The United States has moved for summary judgment in the above-captioned case on the basis of 5 U.S.C. § 757(b). The record discloses that plaintiff, a resident of Boston, Massachusetts, brings this action under the Federal Tort Claims Act; that plaintiff was a civilian employee of the United States at the time of the accident; and that while so employed he was injured in the course of his duties a...
Views: 0
This matter is before the Court upon the motions of Lapp Insulator Company,, Inc., one of eight defendants in these-treble damage actions, to dismiss these actions as to said defendant on the ground that venue is improper in the Southern District of Ohio. The defendant Lapp Insulator Company, Inc. (hereinafter referred to as Lapp) is incorporated in the State of New York and asserts that i...
Views: 1
This matter is before the Court upon the motion of defendant Schwager-Wood Corporation to dismiss this action as to said defendant on the ground that venue is improper in the Southern District of Ohio. The defendant corporation has filed, in support of its motion to dismiss, an affidavit made by its President. Said affidavit provides in part: “Schwager-Wood Corporation, an Oregon corporation, was ...
Views: 0
Ernest Stevenson is under sentence of death, by electrocution, for first degree murder. Execution has been stayed pending the disposition of these proceedings. The order of conviction was by the common pleas court of Cabell County on September 22, 1960, after a trial in which the jury returned a verdict of guilty of first degree murder without recommendation of mercy. The conviction was affirmed,...
Views: 1
Arthur Spinney, presently in State custody, petitions this Court for a writ of habeas corpus claiming that his detention is unlawful in that he did not have counsel at the time of his arraignment. The petitioner was convicted after trial by jury in the County Court, Queens County, of robbery, grand larceny and assault, all in the first degree. He was sentenced on March 10, 1950 to a minimum of ...
Views: 0
The case is before the court on defendants’ motion for summary judgment. Plaintiff, an Argentine citizen, entered this country as an Exchange Visitor on February 28, 1958. His entry was conditioned on his return, for a period of two years, to his home country or another country participating in the exchange program. Title 8 U.S.C.A. § 1182(e), as amended July 18, 1956, and subsequently, allows fo...
Views: 1
This action was instituted by the plaintiffs, Oscar E. Buder and Eugenia H. Buder, to recover income taxes and interest allegedly overpaid for the years 1955 and 1956 in the respective amounts of $10,194.68 and $9,081.88 plus statutory interest thereon. Computed on the basis of paragraph 11 of the Stipulation filed with this court, the claim for overpaid taxes for 1955 was reduced to $9,632.20. By...
Views: 0
In this action under Title 28 U.S.C. §§ 1336, 2284 and 2321-2325, Greyhound challenges the validity of two orders of the Commission, dated August 31, 1961, and January 12, 1962, under which Carolina is authorized to operate regular direct service over an alternate route between Columbia and Orangeburg, South Carolina. The orders in question were issued by the Commission under section (c)(8)(i) ...
Views: 0
Petitioner, a convicted narcotics violator, seeks to enjoin respondent Board from requiring him to report during his parole status; further, he asks this court to order him released from the parole jurisdiction of respondent Board.1 On December 18, 1959 petitioner pleaded guilty to three counts charging narcotics violations under 21 U.S.C. §§ 173 and 174. On January 7, 1960 he was sentenced by Jud...
Views: 1
The Petition for Review of an order of the Referee in Bankruptcy which brings this matter before us presents a single and narrow question. That question is whether the filing of a petition for an arrangement under Chapter XI of the Bankruptcy Act (11 U.S.C. § 701 et seq.) institutes a “proceeding in bankruptcy” within the meaning of that phrase as used in a lease. In the instrument in question, th...
Views: 0
This is the aftermath of a New Jersey Sunday Closing Law case which has been fully and fairly litigated and completely resolved. It is prosecuted in good faith but at this stage, it, at the very least, shapes up as bordering on the frivolous. It started out as a deliberate test case of the New Jersey Sunday Closing Law, N.J.S.A. 2A: 171-5.8 to 171-5.18. There were two plaintiffs at that time, Dave...
Views: 0
These two indictments charge defendant with (a) failing to file federal income returns for the calendar years 1955, 1956 and 1957 (62 Cr. 221, Counts 1, 2, and 3, respectively) (26 U.S.C. § 7203); and, (b) falsely representing to the Treasury Department on three *455 separate occasions that he had filed such returns or had paid all or a portion of his taxes due for those years. (62 Cr. 221, Cou...
Views: 2
William V. James died January 22, 1958, leaving a last will and testament dated April 23, 1938, which was duly admitted to probate and record on March 5, 1958. By his will the testator gave the residue of his estate to his widow, for life or until her remarriage, and provided that in the event of her remarriage, one-half of said residue shall pass to the testator’s children then living and to the ...
Views: 0
In these cases in which jurisdiction is founded only on diversity of citizenship, plaintiff administratrix resides in New Jersey, and the other plaintiffs reside in Connecticut; defendant Kingston Contracting Co., Inc., is a resident of Pennsylvania and defendants Herbert and Stout are residents of West Virginia. Defendants Herbert and Stout have filed motions to dismiss under the venue statute 28...
Views: 0
During that period of time between October 1, 1960, and October 1, 1961, defendant and the plaintiff Union were parties to a collective bargaining agreement covering the wages, hours, and working conditions of Kimball’s production and maintenance employees. In August of 1961, Kimball decided to discontinue its Melrose Park, Illinois, operation and to transfer the same to French Lick-West Baden,...
Views: 0
For reasons separately stated, Judges Brown and Davidson join in an order setting aside the order of the Interstate Commerce Commission and remanding the case for further and not inconsistent proceedings. Judge Hughes for reasons set forth in her dissenting opinion would uphold the order and dismiss the complaint. The Court is in full agreement, however, that since a remand is ordered, the Court d...
Views: 1
These eight actions were brought for recovery of income taxes for the year 1951, and have been consolidated for trial. The plaintiffs were all partners in the Epstein Construction Company.1 The total amount sought to be recovered by plaintiffs is $24,777.32, plus statutory interest. The issue before the Court is whether two corporations in which plaintiffs had an interest were “collapsible corpora...
Views: 0
Plaintiffs are minority stockholders of General Motors Corporation who have based this derivative action against du Pont and General Motors primarily on matters involved in the government antitrust suit against these corporations and U. S. Rubber Co. United States v. E. I. du Pont de Nemours & Co., 353 U.S. 586, 77 S.Ct. 872, 1 L.Ed.2d 1057 (1957). The final judgment in that case, entered on Ma...
Views: 3
This is an application for a writ of habeas corpus on behalf of Elmer Davis, Jr., now confined in the State Prison at Raleigh, North Carolina, under a sentence of death imposed by the Superior Court of Mecklenburg County, North Carolina, upon the applicant’s conviction of murder while perpetrating the crime of rape. The basis of the application is the admission of a confession in the state trial w...
Views: 1
The petition of John J. Tomieh for Writ of Habeas Corpus having come on regularly for hearing before the court sitting without a jury, the petitioner being represented by his counsel, Mr. R. Lewis Brown, Jr., the respondent State of Montana being represented by Mr. James J. Sinclair, Assistant Attorney General of the State of Montana, and the respondent Edward Ellsworth, Warden of the Montana Sta...
Views: 3
Findings of Fact: 1. Armor Bronze & Silver Co., Inc. is a Massachusetts corporation having its manufacturing plant and principal place of business in Taunton, Massachusetts-It makes and sells merchandise made of copper. Its sales division operated under the name of Coppercraft Guild. It is the plaintiff in this action and will hereinafter be referred to as “Armor”. The-defendant...
Views: 1
Petitioners seek to enjoin the enforcement of a compensation order made by the Deputy Commissioner pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1424, 33 U. S.C.A. § 901 et seq., as the same has been made applicable to the Defense Base Act, 55 Stat. 622, 42 U.S.C.A. §§ 1651-1654. The order awarded compensation benefits to the widow and two children of Robert M. Smit...
Views: 0
Pursuant to Federal Rule of Criminal Procedure 41(e), each of the three defendants has moved before trial, first, for the suppression for the use as evidence of property taken from 35 Heard Street, Chelsea, and, second, for both the return of and the suppression for the use as evidence of property taken from him at the time of his arrest. In support of these motions, no oral testimony was offer...
Views: 1
This action was brought to review a decision of a Hearing Examiner of the Department of Health, Education and Welfare holding that the plaintiff, Leo S. Spencer, was not entitled to the establishment of a period of disability under § 216 (i) of the Social Security Act, as amended, hereinafter called “the Act”, (42 U.S.C.A. § 416 (i)), nor to disability benefits under § 223 of the Act (42 U.S. C.A....
Views: 0
• Plaintiff Rivoli Trucking Corporation (“Rivoli”) has brought an action against the United States alleging, in substance, that the Government owes it $877,500.63 for “work, labor and services performed * * * between January 1, 1954 and April 8, 1958.” Defendant moves for summary judgment alleging, among other things, that this Court has no jurisdiction. M. Maurice Graham (“Graham”), plaintiff’s a...
Views: 0
This is a motion to transfer a Chapter-XI proceeding from this Court to a Federal District Court in Florida. L. F. Popell Co., Inc. (“the Debtor”) filed a voluntary Chapter XI petition in this. Court on July 26, 1963. On August 1, two creditors (“the objecting creditors”) moved to transfer the proceeding under-Section 32, subs, b and c of the Bankruptcy Act (“the Act”), 11 U.S.C. §, *53555, subs, ...
Views: 2
This matter involves a collision in the 'Gulf Intraeoastal Waterway in Louisiana at Mile 200 in which libelant’s towboat, CHICAGO BRIDGE, was involved with respondent’s towboat, the M/V DOROTHY I. SOUTHERN. The CHICAGO BRIDGE, a steel hull boat 80 feet long .and 20.75 feet wide, drawing 6 feet of water, was proceeding eastbound, without tow, and the SOUTHERN was proceeding westbound pushing, in a ...
Views: 2
Plaintiff has moved to remand to the Circuit Court for Prince George’s County, Maryland, this suit in equity for an injunction which plaintiff filed in that court. Defendants’ petition for removal alleges that “this is a civil action brought in a State Court of which the United States District Courts have original jurisdiction because of diversity of citizenship; and in addition, this acti...
Views: 1
This is a motion for a preliminary injunction brought by three members of District No. 1, National Marine Engineers Beneficial Association (“District No. 1”), on behalf of themselves and others similarly situated, against District No. 1, its President or Secretary-Treasurer. The complaint alleges jurisdiction under Section 102 of the Labor-Management Reporting and Disclosure Act of 1959 (the “Act”...
Views: 0
This is an action in the nature of an appeal under the “Administrative Procedure Act”, Title 5, United States Code, Section 1009, seeking judicial review of the action taken by the defendant, Commissioner of Patents, on certain of plaintiff’s petitions to revive two patent applications. In this action the plaintiff, as formerly assignee of a 20% interest, and as presently assignee of the entire in...
Views: 0
This is a prosecution for refusal to submit to induction into the armed services of the United States in violation of 50 U.S.C.App. § 462. The defendant having waived his right to be tried by a jury, the Court heard evidence in this matter on July 11, 1963. A review of the defendant’s status from his initial registration until his refusal to be inducted on December 13, 1961 is in order. In August,...
Views: 0
This is a suit for damages and injunctive relief based upon the plaintiff’s claim that the defendants have been guilty of unfair competition. Plaintiff, Wallace M. Byam, has been engaged in the business of building what the parties agree are properly designated as travel trailers. Mr. Byam started in this business in the thirties, and according to his testimony, taken by deposition, his design was...
Views: 2
In each of these cases, brought under the Railway Labor Act, the plaintiff railroad seeks an injunction restraining and enjoining a strike or work stoppage by its employees on its railroad. A temporary restraining order was entered in each case and, on the court’s motion, the two cases were consolidated for the purpose of hearing. It appears that for many years the two plaintiff railroads operated...
Views: 0
Some time prior to April 30, 1958, the defendant Walter F. Cunny negotiated with plaintiff for the purchase of plaintiff’s 893 shares in Falls Products Incorporated, and, in so doing, made a number of telephone calls to the plaintiff, the transmission and receipt of which all took place wholly within the State of Illinois. On or about April 30, 1958, the sale was consummated, and the defen...
Views: 3
This action for cancellation of trademark registrations and for unfair competition was tried to the court. Jurisdiction is based upon the federal trademark laws, the Trademark Act of 1946, Title 35 U.S.C.A. § 146, pursuant to Title 15 U.S.C.A. §§ 1064, 1071, 1119, and 1121, and upon diversity of citizenship of the parties. Plaintiff is a Minnesota corporation with its principal offices loc...
Views: 4
The issue in this action is whether freight rates on railroad shipments of knocked-down motor vehicles and motor vehicle chassis, as approved by the Interstate Commerce Commission, are unreasonable and excessive. This suit is brought by the United States as a shipper of the commodity, to set aside an order of the Commission ratifying the rates charged by railroads. The matter is before this Court ...
Views: 0
This ease arises on a motion for summary judgment or in the alternative to strike the complaint for failure to state a cause of action, on the ground that delay in commencing the action constitutes laches. Requisite amount and diversity are present to establish jurisdiction. Plaintiff West was employed as a seaman on August 29, 1954 by the defendant on its towboat FRANCES ANNE. On this date plaint...
Views: 2
This is an action for the construction of a will and is before the Court at this time on motions for summary judgment made by all the parties in interest who have appeared in this action. The question involved is who will be entitled to the surplus income that is being accumulated from year to year after the termination of the trust created by the will. The old saying that no will has a twin broth...
Views: 2
It is alleged herein that the defendant Smith in the course of his employment by his codefendant T. & F. Vending Service, Inc., and after having proceeded eastwardly on a street in Bristol, Tennessee, pulled his said codefendant’s vehicle to the north (and “wrong”) side of the street and, in violation of a municipal ordinance, there parked to hawk the said defendants’ ice cream and other wares; th...
Views: 0
This litigation involves the claimed exemption from taxation of the gain resulting from the condemnation by the State of New York of the real property of a liquidated corporation. The decision involves principally the determination for tax purposes of the date of the sale of said property and the date of the resulting taxable gain. The litigation was finally submitted to this court upon stipulate...
Views: 0
Plaintiff, who for convenience will be referred to generally as Mrs. Lester, has brought this action to secure a judicial review of the final decision of the Secretary of Health, Education and Welfare, acting through the Social Security Administration, that her children, William B. Lester, Jr. and Sherry E. Lester, are not entitled to Child’s Insurance Benefits as provided by section 202(d) of ...
Views: 0
The complaint in this case rests the claim of plaintiff, William J. Powers, Jr., for damages against the Directors and a Trust Officer of the defendant, Citizens Union National Bank and Trust Company, on the ground that they failed to exercise due care to ascertain that at the time of the appointment of the defendant bank as Committee for the plaintiff on August 24, 1949, he was a citizen of the S...
Views: 1
The United States, by its Attorney General at the instance of its Secretary of Agriculture, brought this suit under the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C.1940 ed. § 608a(6)] for the enforcement and to enjoin violation by the defendants of an order of the Secretary numbered 87. The defendants are “handlers” of fluid milk in the central Mississippi marketing area embr...
Views: 0
The Baltimore Bank, a creditor of the bankrupts herein, filed a “Petition For Review of Referee’s Order” alleging that it is aggrieved by an order of the Referee disallowing its claims. The Petition was certified by the referee to this court. The facts are not in dispute, and are before the Court on the same Stipulation as was filed with the Referee in Bankruptcy for his consideration in passing u...
Views: 0
1 have before me two motions: (1) The motion of the defendants for judgment notwithstanding the verdicts; and (2) The motion of the Illinois Public Aid Commission to intervene. The facts of this case, insofar as they are pertinent to these motions, may be stated briefly as follows; Peter Saisi was murdered on the evening of October 27, 1958. When the police arrived at the scene, Mrs. Saisi...
Views: 1
Racial segregation is required by Virginia law in “any public hall, theatre, opera house, motion picture show or any place of public entertainment or public assemblage”,* if both white and colored persons attend. To this end, the statute directs the proprietor to set apart and designate separate accommodations for white and colored patrons. *652The defendant corporations operate motion picture the...
Views: 1
This is an attachment garnishee proceeding against the liability insurance carrier of a judgment debtor in an action arising out of a Pennsylvania motor vehicle accident. 1 The following issues or questions are presented: (1) Was the liability insurance policy in full force and effect on the date of the accident? The answer is “Yes.” (2) Did the terms and provisions of th...
Views: 1
STATEMENT These are actions, consolidated for trial, by plaintiffs to recover Federal Income Taxes claimed to be erroneously and illegally assessed and collected from the taxpayers for the years 1955 and 1956. During the years in question the plaintiffs were partners in Mountain Fir Lumber Company. On May 31, 1955, Mountain Fir was a partnership consisting of eleven partners. It was e...
Views: 0
The petitioner/bankrupt is aggrieved by and seeks a review of an order of the Referee confirming the sale of the sole asset of the petitioner’s estate, being a putative claim for $15,000 against State Farm Automobile Insurance Company, arising out of alleged misconduct or negligence of the insurance company in failing to settle out of court within the coverage of the policy limits, and thereby ...
Views: 0
This action was tried to the Court without a jury, and it appears from the evidence that: DEFENDANT AND PRODUCT Defendant is a large manufacturer of agricultural-treating chemical products in the United States with more than 25 years’ experience in the formulation, experimentation, producing and selling of such chemical products, many of which have extreme toxicity and lethal potentia...
Views: 0
The case is before the court on defendant’s motion for summary judgment. Suit was originally brought against Chrysler Corporation by David Allen Kahn, a minor, acting by and through his father and next friend, Leonard C. Kahn. Jurisdiction is founded on diversity of citizenship, the plaintiff being a citizen and resident of Texas, and the defendant being a foreign corporation licensed to do busin...
Views: 1
This controversy arises out of the ocean transportation of wheat from this country to India. The importation of the wheat into India, and its transportation there, were being financed by the United States under the authority of Congress granted in Title I of the Agricultural *681Trade Development and Assistance Act of 1954 (“the Act”), specifically Sections 101-109 thereof (7 U.S.C. §§ 1701-1709; ...
Views: 0
Three of the named defendants — North Country Lanes, Inc., Sports Arenas, Inc. and Robert Sidel — move to dismiss the action because the amended complaint fails to state a claim against defendants upon which relief can be granted. Fed. R.Civ.P. 12(b) (6). The action is for treble damages under the Sherman Anti-Trust Act (15 U.S.C. § 1 and following, specifically § 15). There is no diversity of ...
Views: 1
This motion by plaintiff to remand the action to the State Court (Supreme Court, New York County) raises a number of difficult and close questions, but one is decisive and the others need not be considered. The 1948 amendments to the Judicial Code may have made such questions somewhat more manageable but it is still true, as it was in 1912, that this area of Federal law has “many refinements and s...
Views: 2
Plaintiff, Local 227, International Hod Carriers, Building and Common Laborers Union of America, AFL-CIO (hereinafter called “Union”), filed a complaint under Section 301(a) of the Labor Management Relations Act, as Amended (Title 29 U.S.C. § 185), wherein it is alleged that J. Cecil Sullivan and Pat Sullivan, a co-partnership doing business as Midland Construction Company (hereinafter referred...
Views: 0
This action was instituted in the Mc-Cracken Circuit Court on December 1, 1961, by R. F. Rhine, plaintiff, against Union Carbide Corporation seeking to recover the difference between plaintiff’s standard weekly wages as defendant’s employee prior to December 3, 1956, and the amount received by plaintiff from Workmen’s Compensation and Employee’s Group Insurance payments because of an occupational ...
Views: 0
This is an action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare. This section provides, inter alia, that “as part of its answer the Secretary shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based...
Views: 0
David L. Herson died testate on April 20, 1959, survived by his widow, Gertrude B. Herson and three adult children. The widow has brought this suit against the children in their individual capaei-. ties and as executors of the decedent’s will. Under Section 18-211 of the Dis-' trict of Columbia Code the widow renounced the will of her husband and elected to share in his estate as if he had died...
Views: 0
This case is before the Court upon defendant’s motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure or in the alternative to transfer under 28 U.S.C.A. § 1404(a) or § 1406(a). The sole ground for the motion is an allegation of improper venue in this judicial district. It is an action for patent infringement brought by Dover Corporation, hereinafter called plaintiff, agai...
Views: 0
Plaintiff and interveners have each moved for summary judgment as against each other, supporting their respective positions by briefs, and have agreed to submit said motions to the court upon said briefs and the files and records in this case, and in a related case, being Cause No. 910, Lee C. Nelson, Inc.., Plaintiff, Robert W. Wegner and Mable Wegner, Interveners, vs. National Clean Mart Corpora...
Views: 1
On March 1, 1959, at approximately 6:30 p. m. the Barge TJ-255 which was then being pushed by the Tug THELMA. D, was in collision with the Barge ABL-22, near milepost 50 of the Intracoastal? Canal, west of Harvey, Louisiana. These; libels arise out of that collision. The evidence reveals that several days; prior to the incident the Barge ABL-22,. owned by American Commercial Barge-Lines Company, l...
Views: 0
This suit arises from the contention ■of plaintiff that defendant has conspired, in violation of the antitrust laws, to enter into certain LC and COSS contracts, which are alleged to be, per se, violations •of those laws, and, as part of that conspiracy, has terminated certain contracts between the parties to this suit as described below. On or before May 31, 1963, defendant notified plaintiff tha...
Views: 2
This is a civil non-jury action under what is commonly known as the Miller Act, 40 U.S.C.A. § 270a et seq. *734The defendant, Acme Missiles & Construction Company, is a general contractor who agreed to erect and construct a radar tower facility for the United States of America and the defendant, 'Continental Casualty Company, is a surety who executed the performance bond required under said law. T...
Views: 0
This case is before the Court on the motion of respondent and cross-libelant Upper Mississippi Towing Corporation to transfer the cause under 28 U.S.C.A. § 1404(a) to the Eastern District of Louisiana, New Orleans Division. The suit was originally filed by Sioux City and New Orleans Barge Lines, Inc. (hereinafter called Sioux City) as a libel in personam against Upper Mississippi Towing Corporatio...
Views: 1
This action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346, was brought by the administratrix of the estate of Phyllis White,1 whose death resulted from injuries received in an automobile accident which occurred on November 22, 1959, while she was a passenger in the car of one James Barnette, then a Lieutenant in the United States Army stationed at Aberdeen Proving Grounds, Aberdeen, Md. Th...
Views: 0
The plaintiffs, feed manufacturers and an association of such manufacturers, seek an injunction enforcing Interstate Commerce Commission orders entered in Fourth Section applications numbered 37837 and 37892 on August 15, 1962 and September 19, 1962, respectively. The rates in issue were published with the I.C.C. by the defendants and by their connecting railroad carriers, including the New York, ...
Views: 0
Intercontinental Transportation Co.^ Inc. and Maritime Overseas Corporation filed this libel to recover for injuries allegedly sustained by the SS Rebecca when it collided with the Tug Switcher No. 2. Libellants are, respectively, the owner and operator at the time of the collision of the SS Rebecca. The accident is alleged to have been due to the fault and *749negligence of the Tug Switcher No. 2...
Views: 0
The above entitled actions were brought pursuant to the provisions of 85 U.S.C. § 145 praying this Court to authorize the defendant, Commissioner of Patents, to issue a patent to plaintiffs on alleged new and useful improvements in “Synergistic Antioxidant Compositions” as specified in claims 2, 3, 5 and 6 of Application Serial No. 550,787, filed December 2, 1955, which is the subject of Civil Act...
Views: 0
This Motion is before the court in connection with petitioner’s Motion (Document 74) pursuant to 28 U.S.C.A. § 2255-to vacate judgment of conviction. It appears that petitioner is indigent (see affidavit attached to Document No. 74) and he has been granted leave to proceed in forma pauperis (see page 8(a) of Document 74). However, examination of the controlling authorities shows that petitioner is...
Views: 0
The Court now has for consideration the application made by plaintiff, Donald C. Martin, to prosecute an appeal from the verdict of the jury adverse to him in his suit for personal injuries in forma pauperis. The defendant in this suit, Gulf States Utilities Company, has filed a motion setting up facts which it believes to be sufficient to establish that plaintiff is not so impoverished as to be e...
Views: 0
Edward Ross, an inmate of the State Prison of Southern Michigan, has petitioned this court for a writ of habeas corpus. Petitioner was, on November 27, 1962, sentenced to the State Prison of Southern Michigan for a term of one and one-half years to four and one-half years for the offense of Escaping Prison, charged as a second felony. Mich.Comp.Laws 1943 § 28.390 as amended, Comp.Laws 1948, § 750....
Views: 0
This action is brought under 28 U.S. C.A. §§ 1340, 2410 and 2463, and involves the validity of certain tax assessments made against plaintiffs. According to the complaint, plaintiffs, Elsie B. Sonitz and Madeline Basile, were the daughter and wife, respectively, of one Joseph Basile, who is now deceased. On April 20, 1955, Joseph Basile paid $17,850.00 for a residential property located at 222 ...
Views: 3
This is a suit for injunctive relief, brought pursuant to the Civil Rights Act of 1871. [42 U.S.C. §§ 1983, 1985(3) and 1988.] Jurisdiction of this Court is invoked under 28 U.S.C. § 1343(3). Plaintiffs Sheldon are the parents of Daniel Mark Sheldon. Plaintiffs Wingo are the parents of Merle William Wingo and Jere Bruce Wingo. All are Jehovah’s Witnesses. These plaintiffs, suing only as parents...
Views: 1
In this mail fraud prosecution, the defendants have moved for a new trial and for judgment of acquittal following the return of jury verdicts against them. The seven named defendants were charged in a 16-Count indictment with mail fraud and conspiracy. In the course of the trial, one of the defendants, Fred Fadell, pled guilty, and the case against another defendant, Philip G. Rettig, was sever...
Views: 2
This admiralty libel was brought by libelant, Naphtha Solvents Co., Inc. (Naphtha), as the consignee of a mixed cargo of petroleum products, against Louisiana Marine Repair & Service Co., Inc. (Louisiana Marine), Louisiana Marine Ways, Inc., Tankerman’s Service, Inc. (Tankerman’s), Esso Standard Oil Company (Esso), and E. W. Saybolt & Co. (Saybolt), seeking to recover damages allegedly sustained w...
Views: 0
Plaintiff, the holder of letters patent No. 2,691,958 issued October 19, 1954, in evidence as Exhibit 1, on an application filed April 17, 1953, brings this suit against defendant claiming infringement and damages. The patent in suit describes a wind oriented cattle feeder. Plaintiff is also the owner of patent No. 1,796,466 issued March 17, 1931, on a device of the same general nature. On June 23...
Views: 0
Pursuant to 28 U.S.C.A. § 2325, a three-judge court was convened in accordance with 28 U.S.C.A. § 2284 to hear and determine this action to permanently enjoin, set aside, or annul certain orders of the Interstate Commerce Commission. Youngblood Truck Lines, Inc. (hereinafter referred to as “Youngblood”) is a common carrier by motor vehicle of property in interstate commerce pursuant to dul...
Views: 1
This memorandum concerns the motion of Henry W. Goranson, Administrator, to transfer this action back to the United States District Court for the Western Division, Northern District of Ohio. Although the plaintiff calls it a motion to transfer, it will be referred to as a motion to remand. In order to understand this motion, it is necessary to briefly consider the proceedings in the case. ...
Views: 0
This case involves the question whether the plaintiff (hereinafter usually called ■“James River”) is entitled to a 15% rate of depletion on stone quarried and sold from its plant on the James River about one mile east of Buchanan, Virginia, or should be limited, as the United States of America (sometimes hereinafter called the “Government”) contends, to a 10% rate. Since only the taxable years 195...
Views: 0
This cause having been tried on the 18th, 22nd and 23rd days of August, 1961, and the United States Court of Appeals for the Ninth Circuit having rendered its decision herein on the 26th day of March, 1963, 315 F.2d 839, and the pleadings, proofs and arguments of plaintiff and the defendant made both prior to and following the decision of the United States Court of Appeals for the Ninth Circuit ha...
Views: 0
Concentrates, Inc., a cooperative association organized under the laws of the State of Oregon (Concentrates), holds an open account claim against the bankrupt for the purchase of poultry *837 feed products in the amount of $34,-365.49, the propriety and legality of which is not contested. However, the trustee did ask and obtain from the Referee on June 28, 1963, and following a hea...
Views: 4
This is a petition for review of an Ordsr of the United States Civil Service Commission under Section 12 of what is commonly known as the Hatch Act, 5 U. S.C.A. § 118k. The appeal relates to whether the respondent, Aubrey D. Higginbotham, violated Section 12 of the Act, when, while serving as a maintenance mechanic for the Washington County Housing Authority, Pennsylvania, he ran for the office of...
Views: 0
This is an interpleader action brought by plaintiff Metropolitan Life Insurance Company wherein Metropolitan has paid into the court the sum of $6,000.00 representing the entire proceeds of a policy of insurance on the life of Luther James Jordan, deceased. Metropolitan asks that it be discharged from any and all liability in this case and under its policy. It is entitled to summary judgment. I...
Views: 1
Plaintiff alleges that she is a graduate of the University of Pennsylvania Dental School and that she has passed the examinations required by the Commonwealth of Pennsylvania and the State of New York for admission to the practice of dentistry as well as the examination administered by the National Board of Dental Examiners, an agency of the American Dental Association. In 1963, she took the ex...
Views: 0
221 F.Supp. 848 (1963) AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, American Motorists Insurance Company, Federal Mutual Insurance Company and Lumbermens Mutual Casualty Company, Plaintiffs, v. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Defendant. United States District Court S. D. New York. August 14, 1963. *849 Lord, Day & Lord, New York City, for plaintiffs. Hawkins, Delafield &am...
Views: 0
This is a motion by defendant pursuant to F.R.Civ.P. 12(b) (6) to dismiss the complaint for failure to state a claim upon which relief can be granted, or in the alternative that certain paragraphs of the complaint and certain sections of the prayer for relief be stricken pursuant to Rule 12(f). As to Rule 12(b) (6): For purposes of such a motion, all the material allegations in the complaint are d...
Views: 0
On April 18, 1963, a jury found the defendant, Julian David Brooks, guilty on a two-count indictment charging violations of the Internal Revenue laws relating to distilled spirits. The first count charged the unlawful removal and concealment of twelve gallons of nontaxpaid distilled spirits on August 24, 1962, and the second count charged that on the same date the defendant possessed and sold twel...
Views: 0
This is a motion by plaintiffs pursuant to Rule 34 of the Federal Rules of Civil Procedure for discovery and inspection of certain documents allegedly in the possession of defendants. The defendant, United States Rubber Company (U. S. Rubber), is the only defendant objecting to the motion. The underlying action is for damages resulting- from a conspiracy to violate the anti-trust laws and for rest...
Views: 0
This is a civil action begun informally by petitioner Lyman Threatt in the form •of a seven page letter dated July 30,1963, addressed to the “Presiding Judge, Unit•ed States District Court, Western District of North Carolina.” Although it is not clear from a careful reading of the letter exactly what relief is sought by petitioner, it is styled a petition for a writ of mandamus. Since the petitio...
Views: 2
This is an action for the recovery of estate taxes paid by the plaintiffs, executors of the Estate of Herbert T. Ballard, hereinafter referred to as the decedent,, who died December 15, 1956. On February 20, 1929, decedent had' created an inter vivos trust which contained, inter alia, the following language : “Ballard has irrevocably parted-with the title to the securities and property constitutin...
Views: 0
This is a suit for the refund of federal income taxes assessed against and collected from the taxpayers for the calendar years 1955 and 1956 in the amounts of $8,677.65 and $6,912.21 respectively. QUESTIONS PRESENTED 1. Whether the costs of maintaining a personal residence occupied by the sole income beneficiary, rent free are deductible in determining the net distributable income of ...
Views: 0
This unusual claim for malicious prosecution arises out of an equally unusual civil interpleader action in which the complainant here, Edna Ruth Cole, formerly Edna Ruth Bullock, as the named beneficiary on three life insurance policies issued to her deceased husband, James Bullock, prevailed as the successful claimant of the proceeds of the policies. Defendant G. Joseph Neaf is and was at the tim...
Views: 1
The question presented on this motion is whether or not an accident occurring on an American flag ship berthed in Spain is covered by an insurance policy where the policy by its terms applies only to accidents “within the United States of America, its territories or possessions, or Canada.” It is a case of novel impression. This issue comes up on a motion and cross-motion for summary judgm...
Views: 0
This cause was tried before the Court-; on March 20, 1963, and the Court having heard all the testimony, the evidence and: being fully advised by the briefs of all' parties, makes the following findings of." facts and conclusions of law:. Libelant is 36 years of age and has a: fourth grade education.. Except for two. enlistments ' of approximately one year- ’ *887each in the United States Navy, he...
Views: 2
221 F.Supp. 890 (1963) PHOENIX ASSURANCE COMPANY OF NEW YORK, Plaintiff, v. Frank A. SINGER, and Margaret P. Singer, Defendants. No. 62 C 310(2). United States District Court E. D. Missouri, E. D. July 19, 1963. *891 J. H. Cunningham, Jr., Willson, Cunningham, McClellan & Gunn, St. Louis, Mo., for plaintiff. Wm. J. Becker, Clayton, Mo., for defendants. MEREDITH, District Judge. This memorandu...
Views: 1
By an order previously entered in each of these causes on June 26, 1963, defend*898ant’s request for leave to amend its petition for removal to allege its principal place of business was denied and each of these causes was ordered remanded to the Circuit Court of Vernon County, Missouri. The issue of defendant’s right to amend its petition for removal after expiration of the twenty day period with...
Views: 0
This matter is before the Court on the motion of respondents, Congress of Racial Equality, to dissolve the temporary restraining order issued herein on September 1, 1963. The temporary restraining order was issued because, in the considered opinion of this Court, the sworn affidavits and the verified complaint filed herein showed, to the satisfaction of this Court, that unless a temporary restrai...
Views: 0
Findings of Fact I The plaintiff, James C. Goggin of New York, who was the president of Munson *906G. Shaw Company, and the defendant, Roy H. Johnston of Denver, first became acquainted about 1942 or 1943, and shortly afterwards had two or three oil and gas working interest and royalty transactions. In the succeeding years they met casually a few times and would talk tentatively about the prospect...
Views: 1
The plaintiff, in this motor vehicle case, seeks a new trial upon the grounds that we erred in various aspects of our charge to the jury.1 After trial of this *922action the jury returned a verdict in favor of the defendants. Since the notes of testimony, with the exception of our charge, have not been transcribed, we will have to rely upon our memory, the pleadings and briefs of counsel to dispos...
Views: 0
General Fire and Casualty Co. (General) seeks by this motion to dismiss a declaratory judgment action filed by The Employers’ Liability Assurance Corporation, Ltd. (Employers). The plaintiff Employers seeks to have determined certain primary and excess coverage problems among the several insurers of the parties to other litigation giving rise to this declaratory judgment proceeding. This collatera...
Views: 0
Defendant has moved to dismiss plaintiff’s complaint which in Count 1 alleges *926a claim under the Jones Act, in Count 2 alleges a claim under the general maritime law, in Count 3 alleges a claim under the Dutch law, and in Count 4 alleges a claim under alternatively the general maritime law and Dutch law. The first three of these counts each seeks recovery for the same personal injuries; the fou...
Views: 0
The petitioners, both citizens of the United States, filed this petition on February 13, 1963 under the provisions of Section 323 of the Immigration and Nationality Act (8 U.S.C. § 1434). The provisions pertinent to this petition read as follows: “(a) An adopted child may, if not otherwise disqualified from becoming a citizen by reason of section 313, 314, 315, or 318 of this Act, be naturalized b...
Views: 0
This is a civil action begun by application for a writ of habeas corpus. Upon issuance of the writ, the State of North Carolina responded by answer, and two evidentiary hearings have been held. “Where the facts are in dispute, the federal court on habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court, eith...
Views: 0
This is a private civil antitrust action allegedly under section 1 of the Sherman Act, 15 U.S.C.A. § 1, and section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. § 13. Plaintiff Wholesale Auto Supply Co. is. a distributor of automobile accessory equipment to automobile dealers and automobile Accessory retail dealers located, throughout New Jersey and in areas of ...
Views: 0
This matter is before the Court upon’ defendant’s motions for judgment notwithstanding the verdict or for new trial,. This matter was tried to a jury and verdict returned for the plaintiff in the amount of $30,000. Plaintiff, Harry J. Wood, Jr., sustained injuries when he fell down an elevator shaft in a department store operated by the defendant, S. & L. Company of Des Moines. The accident occurr...
Views: 0
This is an action for triple damages under the Sherman Act. It is before the Court at this time on cross-motions for summary judgment, both sides conceding that there are no material issues of fact and that only a question of law is presented. The action arises out of a refusal by a manufacturer of drugs and similar commodities to sell to a particular retail dealer who resells to consumers at p...
Views: 0
This case pends on a motion, filed by the Government pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, that seeks leave to dismiss the indictment in this case. Defendant was indicted by the grand .jury on March 22, 1963. The indictment .alleges that defendant committed perjury in connection with a matter under inquiry before that grand jury. The indictment alleged generally tha...
Views: 2
The plaintiff brings this action against the defendant corporation to recover damages for alleged slanderous statements made by Royal Cobum, General Counsel for Federal Deposit Insurance Corporation. The statements were made in open court during litigation before the District Court of Oklahoma County, Oklahoma. The plaintiff asserts that jurisdiction of the matter exists by virtue of Title...
Views: 1
This is an action under Sections 1336, 1398, 2284, and 2321-2325, of the United States Code, Title 28, to set aside a report and order of the Interstate Commerce Commission entered after a further hearing in Midwest Buslines, Inc.— Purchase (Portion) — American Bus-lines, Inc. on March 26, 1962. The Commission approved the sale by the Ameriican Buslines, Inc. of two routes, and their purchase by M...
Views: 0
American Guaranty Corporation (hereafter called “the debtor”) on January 18, 1963 filed a petition for an arrangement under Chapter XI of the Bankruptcy Act. On January 25, 1963 a statement of affairs and schedules was filed by the debtor and a receiver of its property was appointed by the Referee in Bankruptcy. Subsequently, on May 24, 1963 the Securities and Exchange Commission (hereafter called...
Views: 0
This is a suit filed by certain minors and their parents, all Negroes, seeking desegregation of the public schools of the City of Jackson and Madison County, Tennessee. After disposition of certain preliminary motions, the Court granted plaintiffs’ motion for a summary judgment and ordered the two Boards to submit plans for desegregation. The Court has held a hearing on the plan submitted by th...
Views: 3
This is an action wherein the plaintiff originally sought to recover the sum of $20,965, being the amount of insurance premiums paid by it to the defendant for two policies of life insurance issued by it on the life of John M. Dunne, its President and Treasurer. It contends that said amount was paid by it to the defendant upon a condition or contingency that did not occur. Subsequent to the *976in...
Views: 0
The Court heretofore had determined as the result of the first hearing that the patent was invalid primarily by reason of the teachings of one Niepce as reflected in his article published in London in the Photographic News on June 3, 1859. Reference also was made in the Court’s memorandum decision to the so-called Hunt article in the Philosophical Magazine and Journal of Science of July-December, ...
Views: 1
This is a civil action brought by the plaintiff, David L. Spears, for his personal injuries and death of his wife against the defendant, the United States of America, under the provisions of the Federal Tort Claims Act, Title 28 United States Code §§ 1346(b) and 2674. On November 15, 1960, the defendant, the United States of America and the State of Oklahoma entered into a written contract (Plaint...
Views: 0
This is a petition seeking the issuance of a writ of habeas corpus in which the petitioner alleges that he is in custody pursuant to a judgment of the District Court of the County of Jefferson, State of Colorado, and that the judgment is void. Extensive hearings have been held and two sets of briefs have been filed by the Attorney General and by assigned counsel. Petitioner alleges that he has exh...
Views: 0
This case involves the basic question of whether or not the defendant, Houston Compress Steel Company, has the right to remove a part of a steel and sheetiron building which had been severed from the realty, or if such right has been lost and ownership of said building now belongs to the plaintiff, Bonnie Gaither, dba Cavanaugh Coal Company, the owner of the realty on v/hich such building is locat...
Views: 0
In these proceedings, the petitioners seek exoneration from and limitation of liability for claims arising out of a collision between the S.S. Gulfoil and the M/V S.E. Graham on August 7, 1958 in Narragansett Bay, in the State of Rhode Island. As a result of said collision, one William Cevil, of New York, N. Y., a seaman employed on said S.S. Gulfoil, sustained injuries which caused his death on t...
Views: 0
This is a habeas corpus proceeding in which petitioner attacks his pleas of guilty and the sentence imposed thereon in a State court. I Petitioner was represented by counsel when he pleaded guilty on July 30, 1947, before Judge Harry S. McDevitt in the Court of Quarter Sessions of the Peace of Philadelphia County to five bills of indictment, charging burglary, larceny, robbery, receiv...
Views: 5
Libelant, Otto Candies, Inc., brings this-libel seeking recovery of certain alleged *1015 damages resulting from cargo loss and barge damage. Libelant, at the time of the loss in question, was a boat contractor who had chartered the Tug BETTY LOU from her owners, Ernest Moise and Harold Collins, and then entered into an agreement with Southeastern Drilling Corporation, who, at the ...
Views: 1
■ The fundamental question in this case is whether in the operation involved, plaintiff G & W Transfer Company, Inc., has engaged in for-hire motor carriage with plaintiff Calvine Mills, Inc. participating therein, subject to regulation under Part II of the Interstate Commerce Act. In 1958, G & W entered into a written lease with Calvine whereby it leased certain listed tractors and trailers to Ca...
Views: 0

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up