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Opinions in f-supp Volume 403

*3 MEMORANDUM OF DECISION In this civil rights action, the plaintiff, Mary Gilbertson, a former tenured English teacher at Weaver High School in Hartford, seeks injunctive relief, reinstatement, back pay and damages against the defendants who include most of the elected members of the Hartford Board of Education, the Superintendent of Schools, and the Chairman of the Hartford Court of Common ...
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OPINION This action for patent infringement under Title 35, United States Code is presently before the Court on a question of jurisdiction. Defendant Stora Kopparbergs Bergs-lags AB (Stora-Sweden), a Swedish corporation maintaining no established place of business in Pennsylvania and not registered to do business in the state, has moved under Rule 12 of the Federal Rules of Civil Pro...
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MEMORANDUM ORDER In each of these three cases, the defendants have moved for summary judgment in their favor on the issue of the statute of limitations as a bar to the claims. In Stuart B. Avery v. Kane Gas and Light Heating Company, Civil Action No. 74-44 Erie, all notes for which plaintiff claims judgment, attached to the complaint as Exhibits A-O, appear on their faces to be sealed instr...
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OPINION This three-judge district court was convened upon the petition of one of the candidates, John A. Durkin, following an exceedingly close and currently disputed election held November 5, 1974, for the office of United States Senator from the State of New Hampshire. Louis C. Wyman, an opponent of Mr. Durkin, has been permitted to intervene here. Initially, Mr. Wyman was officially declared...
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MEMORANDUM DECISION This is the second appeal from an order by the bankruptcy court overruling the objections of University National Bank to the discharge of $17,000 plus interest owed to it by the bankrupt, Adam Donald Bourgeois. For the reasons hereinafter stated the order is reversed and the objections are remanded for further proceedings consistent with the views expressed herein. Bourgeois is...
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OPINION The plaintiff, Helen de Castro, brings this action under 42 U.S.C. § 405(g) seeking review of a final decision of the Secretary of Health, Education and Welfare denying her application for benefits. Helen de Castro is currently 60 years of age. She and the wage earner, Albert de Castro, were married on September 9, 1946, and were divorced on February 8, 1968, after more than 21 ye...
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OPINION This case is before the Court on the defendants’ motion to dismiss the action for improper venue. The plaintiffs are British-American Insurance Company Limited (“B-A”) and its wholly owned subsidiary British American Management Limited (“BAM”), both of which are incorporated under the laws of the Bahamas and maintain their principal offices at Nassau, Bahamas. None of the pla...
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These cases raise a constitutional question of first impression, specifically, to what extent, if any, are the respective plaintiffs entitled to representation at the Republican and Democratic national conventions. Plaintiff in No. C-74-487 SC is a registered Republican voter in California. He instituted suit on his own behalf against the Republican State Central Committee of California and the...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action under 42 U.S.C. § 2000e, alleging sex discrimination by Defendants. The defendants are the University of Florida and various individuals as agents of the University. Defendant Greene is director of the University’s Physical Plant Division. Defendant York is the president of the University. The other individual defendants are connec...
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MEMORANDUM OPINION The defendant’s motion to dismiss presents the issue of whether the defendant foreign-corporation is without *56 the ever-expanding grasp of the Texas “Long-Arm” Statute. 1 The plaintiffs’ diversity action sounds in products liability and arises from a 1974 Louisiana automobile collision involving a Volvo automobile manufactured by Volvo Aktieb...
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MEMORANDUM The above case was tried before the court without a jury commencing on the 13th day of October, 1975 in Amarillo, Texas with all parties and their attorneys present. After each side had presented their evidence and the .court had received and considered the arguments and briefs of counsel, this memorandum opinion is filed which shall constitute the court’s findings of fact and conclu...
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MEMORANDUM OPINION The plaintiffs filed this action challenging the defendant E-Systems’, Inc. (E-Systems) unilateral change of retired hourly-employees’ health and welfare benefits, which the plaintiffs allege were fixed by collective-bargaining agreements negotiated between E-Systems and the International Union, United Automobile, Aerospace and Agricultural Workers of America (UAW, AFL-CIO) and...
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MEMORANDUM AND ORDER The motion of Whiting Corporation for summary judgment requires us to consider the application of Pennsylvania’s statutes of limitations in products liability cases. The amended complaint alleges breach of warranty in the sale of a railroad “trackmobile,” a machine employed to draw boxcars along industrial sidings. 1 Defendant Whiting Corporation sold the t...
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This matter comes before the Court on the application of the United States Attorney for the Eastern District of New York for an order enforcing a Grand Jury subpoena duces tecum served upon the Brooklyn Branch of the National Bank of North America (the “Bank”) directing that it turn over to the Government certain bank and cashier’s cheeks. Pursuant to Rule 17(c) of the Federal Rules ...
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MEMORANDUM OPINION In this suit filed pursuant to 42 U.S. C. § 1983 and 28 U.S.C. § 1343(3) and (4) plaintiff William Phillips seeks damages and declaratory and injunctive relief from the Chancellor of the Virginia Community College System, 1 the President of Central Virginia Community College (CVCC), the Dean of Arts and Sciences at CVCC and two professors at CVCC. The gravamen of plaintiff’...
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Defendants, Alleghany Corporation (“Alleghany”) and certain of its directors, move for judgment pursuant to Rule 12(c), Fed.R.Civ.P., dismissing the amended complaint of plaintiff Randolph Phillips (“Phillips”). For the reasons hereinafter stated, the motion is granted in part and denied in part. * “The affairs of Alleghany Corporation . . . have given rise to a flood of litigation...
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MEMORANDUM This matter is before the Court on the cross motions for summary judgment of the plaintiff and the Secretary of the Department of Health, Education and Welfare. Plaintiff is the widow of Lewis Ward, an ex-coal miner who died on April 19, 1974, after his claim for black lung benefits was denied. A Hearing Examiner considered her claim for widow’s benefits de novo and ...
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MEMORANDUM This action is brought by Amy Levin, formerly Bumberg, widow and administratrix of the estate of Harold Bumberg, M.D., a former Public Health Service (P.H.S.) physician at the Brighton, Massachusetts P.H.S. hospital. ' Plaintiff claims that her former husband’s death by suicide was caused by the negligence of the defendant United States of America and by the intentional inflict...
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MEMORANDUM ORDER Petitioner, Hubert Dale Smith, collaterally attacks his Illinois state court conviction for murder by a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2254 (1970). Petitioner’s conviction following a trial by jury in Winnebago County, Illinois, was reviewed and affirmed by the Illinois Appellate Court, Second District. People v. Smith, 108 Ill.App.2d 172,...
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OPINION This is a habeas corpus proceeding in which a state penal inmate was tried by a court and jury and was convicted of first degree murder and sentenced to life imprisonment. The penal inmate is most thoroughly informed and advised as to the practices and procedures in the Federal Judicial System as evidenced by the five habeas corpus proceedings previously filed and adjudicated in this ...
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This is an action filed pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (1970), wherein the plaintiff, Mr. John Chester, seeks review of the final decision of the Secretary of Health, Education & Welfare denying his claim for disability benefits. Both plaintiff and defendant have moved for summary judgment. Plaintiff has moved alternatively for remand to the Secretary ...
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MEMORANDUM AND INTERLOCUTORY ORDER Before CAMPBELL, Circuit Judge, CAFFREY, Chief Judge and TAURO, District Judge. This is an action seeking to set aside orders of the Interstate Commerce Commission denying, in large part, a joint application requesting authority for Wright Trucking, Inc. (Wright) to purchase a portion of the operating rights held by Bonded Trucking & Rigging, Inc. (...
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OPINION Plaintiff, a New Hampshire corporation, is a retail automobile dealer engaged in the business of selling new and used Subarus to the consuming public. Defendant Subaru of America, Inc. (Importer), a Pennsylvania corporation having its principal place of business in Pennsauken, New Jersey, is the sole importer and manufacturer’s distributor of Subaru motor vehicles in the United St...
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OPINION This is an action for infringement of two utility patents and a design patent owned by plaintiff Plantronics, Inc. (Plantronics), relating to lightweight headsets (microphone and earphone assemblies) as used, for example, by airplane pilots and air traffic controllers. The action was tried without a jury, and this opinion comprises the Court’s findings of fact and conclusions of l...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction 1. On January 31, 1972, The Federal Company (“Federal”), through its Dixie Portland Flour Mills, Inc. subsidiary (Dixie Portland), acquired The Great Western Foods Company. The acquisition was accomplished through Dixie Portland’s purchase of all the outstanding capital stock of Great Western Foods Company from its parent, Grea...
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MEMORANDUM AND ORDER Relator, appearing pro se, has filed this somewhat unusual petition for habeas corpus relief. Already pending before the Court is a civil action in which relator sought to commence a criminal proceeding against the individual defendants under Title 18 U.S.C. §§ 241, 242. Leave to proceed in forma pauperis was denied in this regard because of the failure of petitioner to com...
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MEMORANDUM This action was filed by the Appalachian Contracting Company against Charles Cox and Valley Fuel Company, Inc., seeking an injunction prohibiting defendants from engaging in coal brokering activities allegedly in competition with Appalachian and seeking damages for loss caused to plaintiff by these activities. Jurisdiction is based on diversity of citizenship and the amount in ...
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The plaintiff corporation in this case has brought suit to enforce a non-competition covenant contained in a contract with a former employee of the corporation. The case is presently before the Court on defendant’s Motion to Dismiss. The defendant alleges that the plaintiff corporation is a foreign corporation doing intrastate business within the *181 State of Maryland, without hav...
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ORDER This habeas corpus cáse purports to raise the issue whether the Due Process Clause or the Equal Protection Clause requires that procedural rights toe extended to federal prisoners prior to their classification as “Special Offender” by the Bureau of Prisons. The petitioner, Norman Rothman, is an inmate at the Atlanta Federal Penitentiary. He contends that as a result of his being cla...
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MEMORANDUM AND ORDER On May 30, 1975, Bankruptcy Judge Goldhaber entered an Order in this Chapter XI proceeding ruling that certain financing and continuation statements filed by the First National Bank of Boston (Bank) created and maintained a perfected status for Bank’s present security interest in accounts receivable and other assets of the Debtor, Gilchrist Company, as recited in the ...
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*205 OPINION AND ORDER This is an action arising out of a contract between plaintiff, a building contractor, and defendant South Haven Houses Housing Development Fund Company, Inc. Plaintiff agreed to construct certain buildings in Bronx County for South Haven. Defendant Chemical Bank appears to have agreed to loan moneys to South Haven. The federal defendants, the Department of ...
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MEMORANDUM AND ORDER On February 27, 1975 the grand jury returned an indictment charging defendant Donald E. Lasater with four counts of making false material declarations in violation of Section 1623, Title 18, United States Code. Several pretrial motions were filed by defendant, and at a conference with the Court on July 22, 1975, all counsel agreed to submit the is*209sue of the materiality of...
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OPINION and ORDER This cause came to be heard upon two motions of a petitioner for a writ of habeas corpus. The first motion is for reconsideration of judgment entry on the motion to dismiss and the second is a motion to grant the writ of habeas corpus. *223 The petitioner is presently detained the Southern Ohio Correctional Facility, Lucasville, Ohio serving a life imprisonment sentence fo...
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MEMORANDUM OF DECISION DENYING DEFENDANTS’ MOTIONS FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND NEW TRIAL The written briefs of defendants supporting their motions for Judgment Notwithstanding the Verdict and New Trial were thoroughly read and considered by the Court prior to oral argument of those motions on June 10, 1974. After closely following the arguments, which concluded shortly af...
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OPINION AND ORDER Presently pending before the Court is an appeal from two Orders entered May 30, 1975 by the Honorable Emil F. Goldhaber, Bankruptcy Judge, awarding counsel fees and costs to attorneys for the official statutory creditors committees of Botany Industries, Inc. (“Botany”) and H. Daroff & Sons, Inc. (“Daroff”), and to attorneys for the Receivers of “Botany” and “Daroff”. ...
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MEMORANDUM OPINION I. BACKGROUND This is an action in which plaintiff, Dr. Sidney Wolfe, seeks to compel the production by the Department of Health, Education, and Welfare of the transcripts of all meetings of the Food and Drug Administration’s Over-the-Counter Antacid Drugs Advisory Review Panel (hereinafter, “the Antacid Panel”). The meetings in question took place between February...
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MEMORANDUM AND ORDER Mrs. Agnes Weicht worked for 19 years as a health assistant, first at the Washington County Hospital in Hagerstown, Maryland, and later at the Western Maryland State Hospital in the same city. Earlier, she had been employed as a retail sales clerk for five years. A high school graduate and 59 years of age at the time she applied for disability benefits from the Social...
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OPINION Petitioner, pro se seeks by writ of habeas corpus his release from state custody or, in the alternative, a new trial on the charge of first degree murder on which he was convicted by a jury in state court nearly ten years ago, on December 20, 1965. Petitioner requests an evidentiary hearing on the questions raised in his petition. The grounds on which relief is sought are petitioner...
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MEMORANDUM This is an action for alleged deprivation of Constitutional rights in connection with certain proceedings in the Knox County General Sessions and Circuit Courts. Plaintiff, in a pro se complaint, states that this Court has jurisdiction pursuant to 42 U.S.C. §§ 1983, 1985, and 1986 and 28 U.S.C. § 1343. It appears from the face of the complaint that the alleged w...
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MEMORANDUM OPINION AND ORDER Petitioner, a state prisoner, has filed an application for a writ of habeas corpus. Petitioner was tried at the October 1973 Session of the Superior Court of Wilson County upon a bill of indictment charging two offenses in violation of state laws: (1) breaking and entering with intent to commit a felony, and (2) larceny. He was convicted by a jury of breaking and enter...
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MEMORANDUM OF DECISION This action has been submitted for a decision on the merits on a stipulation of facts and memoranda of counsel. It is not necessary for an understanding of the court’s decision to elaborate on the facts which give rise to the litigation. A short statement will suffice. Plaintiff, during 1967, 1968, 1969 and 1970, systematically embezzled funds of his employer, the Mab...
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OPINION Plaintiff alleges that the defendants are planning to construct a four-lane east-west limited access highway from the Connecticut River to the Merrimack River in contravention of various federal environmental statutes. 1 National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA); the Intergovernmental Cooperation Act of 1968, as amended, 42 U....
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MEMORANDUM AND ORDER Lester M. Ritter, formerly the chief executive officer of Lyntex Corporation, makes four claims for additional compensation, seeking payment for: (1) two weeks of further vacation pay; (2) six weeks of severance pay; (3) approximately seven months of sick pay; and (4) an increase in his rate of compensation from $45,000.00 per year to $50,000.00 per year. The Court conducte...
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MEMORANDUM AND ORDER Plaintiff, formerly a Major in the regular Army, brought this action on October 30, 1973, to prevent his imminent honorable discharge from the Army. Prior to filing suit, plaintiff had twice been passed over for promotion by Selection Boards. By statute, a commissioned officer who has been passed over for promotion by two consecutive Selection Boards shall, if not eligible ...
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*299 MEMORANDUM The motion of defendants Carmen and Libardo Gill to suppress certain evidence seized on September 30, 1974 from their apartment at 580 Amsterdam Avenue in the Borough of Manhattan is hereby denied. FACTS Based upon the evidence adduced at a hearing held on October 16 and 17, 1975, the Court finds the underlying facts to be as follows. During the inv...
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MEMORANDUM OF DECISION Archie Chesney, presently an inmate at the Connecticut Correctional Institution, Somers, Connecticut, brings this petition for a writ of habeas corpus to challenge the validity of his conviction for second degree murder. This court has jurisdiction pursuant to 28 U.S.C. §§ 2241 and 2254. Petitioner alleges that he was denied his sixth amendment right to confront one of th...
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MEMORANDUM ORDER This is an action brought to obtain judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which...
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MEMORANDUM ORDER Plaintiff, Allen A. Tusing, instituted this action for judicial review of a final decision of the Secretary of Health, Education, and Welfare denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.1 Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates the provisions o...
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MEMORANDUM OPINION Motion To Dismiss On January 8, 1975, plaintiff Triangle Landscaping Corporation (“Triangle”) filed this Miller Act action invoking this Court jurisdiction pursuant to 28 U.S.C. § 1331 and 40 U.S.C. § 270a et seq. Triangle alleges that pursuant to a written subcontractor’s agreement entered into on September 13, 1973 with Path-man Construction Company (“Path-man”), Tria...
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403 F.Supp. 322 (1975) In the Matter of the Arbitration between the SINGER COMPANY, Petitioner, and The TAPPAN COMPANY, Respondent. Civ. A. No. 75-757. United States District Court, D. New Jersey. October 20, 1975. *323 Riker, Danzig, Scherer & Debovoise, Newark, N. J., Winthrop, Stimson, Putnam & Roberts, New York City, of counsel, for petitioner. Clapp & Eisenberg, Newark, N. J., fo...
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OPINION PRELIMINARY Presented is the issue of arbitrability of a certain dispute between the parties. For the reasons hereinafter set forth, I find in favor of the petitioner and grant its motion to compel arbitration. The cross motion of the respondent is denied. PRIOR PROCEEDINGS On May 6, 1975 the Singer Company (Singer) commenced this diversity action, 28 U.S.C. § 1332, proceeding under the U...
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DECISION and ORDER The plaintiff has moved for a preliminary injunction and for the designation of a three-judge court. In his first cause of action, Mr. Morano alleges that the Racine common council’s denial of his renewal application for a class (B) liquor license was accomplished in violation of his procedural due process rights. In his second cause of action, he alleges that sections 176.05(1)...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION This action was instituted by Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), a Delaware corporation with its principal place of business in New York, against four former account executives 1 2 (“individual defendants”), who are Michigan residents, and E. F. Hutton & ...
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MEMORANDUM OF DECISION In this action the Interstate Commerce Commission seeks to enforce a subpoena duces tecum that it directed to the City National Bank, requiring the *346latter to produce certain records pertaining to a purported sale of Trans-United, a carrier subject to ICC regulation, by W. T. Brady in 1972. Mr. Brady was granted leave to intervene on August 18, 1975, and now opposes the e...
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DECISION Before the court is a petition for issuance of a writ of habeas corpus, filed by James T. Cresci, an inmate of the Wisconsin State Prison, Waupun, Wisconsin. The petition challenges the validity of a parole revocation which occurred in August of 1971. Petitioner asserts that he was denied the assistance of retained counsel at the parole revocation hearing, and that the decision to revoke ...
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MEMORANDUM Ronald George Thompkins and Henry Taylor are charged with conspiracy to rob a bank in violation of 18 U.S.C. § 371. They move to suppress an envelope inscribed with an incriminating message seized on the date of their arrest. The motion is granted. I. On July 10, 1975, three plain clothes officers of the New York City Police Department observed a man, later identified as Taylor, standin...
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OPINION Plaintiffs seek a declaration that Sections 36.94.230 1 and .240 2 of the Revised Code of Washington are unconstitutional insofar as they permit only owners of real property to divest the action of county commissioners in the formation of the Utility Local Improvement District (ULID). As non-land owning residents within the ULID created by defend...
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403 F.Supp. 357 (1975) In re George C. and Marcia Hare WALL, Debtors. FORD MOTOR CREDIT COMPANY, Appellant, v. George C. and Marcia Hare WALL and A. L. Tenney, Trustee, Debtor Estates, Appellees. No. PB-74-14 and 15-B. United States District Court, E. D. Arkansas, Pine Bluff Division. November 18, 1975. Tom Forrest Lovett, Little Rock, Ark., for appellant, Ford Motor Credit Co. George Howard, Jr....
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MEMORANDUM OPINION AND ORDER This is a proceeding for review of an Order of the Bankruptcy Judge, pursuant to Rules 801 et seq., Bankruptcy Rules. Appellants contend that Rule 13-307(d), Bankruptcy Rules, promulgated pursuant to 28 U.S.C. § 2075, is invalid, in that the rule is “substantive”, rather than “procedural”, and therefore should not be followed. Appellants contend that the Order of the ...
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*362 MEMORANDUM AND ORDER This matter is before the Court on defendants’ motion to suppress. A hearing was conducted in Springfield, Massachusetts, on June 5, 1975, at which the parties offered evidence. After careful consideration of the evidence, stipulations, memoranda of counsel, and the pertinent authorities, the Court hereinafter enters its findings and conclusions. On December 13, 19...
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OPINION AND ORDER Affidavits of disqualification pursuant to 28 U.S.C. § 144 have been filed on behalf of the defendants Pentronix, Inc. (Pentronix) and Electronic Memories & Magnetics Corporation (EMM) in these consolidated actions. Each party charges that certain comments and statements made by the Court at a hearing held on July 22, 1975, reveal that I have a personal bias or prejudice...
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MEMORANDUM This matter is before the Court on the motions for summary judgment of the plaintiff and the Secretary of the De-. partment of Health, Education and Welfare. Plaintiff is a miner seeking black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. § 901 et seq. After the plaintiff’s claim was initially denied, a Hearing Examiner considered ...
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OPINION Plaintiff has instituted this derivative action on behalf of defendant, American Express Investment Fund, which prior to April 27, 1970, was known as the Commonwealth Investment Company. The action was commenced on April 29, 1974, and alleges violations of the Investment Company Act of 1940, 15 U.S. C. § 80a-l et seq.; the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.; ...
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MEMORANDUM OPINION The plaintiff has moved to remand this action to the state court from which it was removed. The complaint filed in the state court alleged that plaintiff had shipped goods in interstate commerce by delivery being made to defendant Kirby for transshipment via Norfolk and Western Railway Company. The plaintiff alleged that the goods were never delivered to the described p...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. On May 14, 1975, at approximately 0220, the Research Vessel “H.J.W. FAY” (hereinafter “FAY”) under the command of Capt. Ian R. Crichton, departed Cristobal, Canal Zone, bound for Port Everglades, Florida. At approximately 1430 on said May 14th personnel on the FAY sighted a vessel adrift, unlighted and abandoned in the shipping lanes...
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ORDER Albert Lewis Carey, Jr. has presented a “Petition for Appointment of Counsel.” He was convicted of murder in Mecklenburg County, North Carolina, and was sentenced to death. The conviction was affirmed October 7, 1975, by a divided North Carolina Supreme Court. Carey is now on death row at North Carolina Central Prison, Raleigh, North Carolina. Petitioner was scheduled to be executed Fri...
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OPINION The United States commenced this action against Walter J. Cotier, Claire Co-tier, Sirgany’s Galleries, Inc., and certain other persons 1 2to foreclose federal tax liens against 18 pieces of assorted women’s diamond jewelry and one man’s gold wristwatch. 2 Walter, the purchaser of the jewelry, is currently indebted to the United States for unpaid federal incom...
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MEMORANDUM OF DECISION ON MOTION TO REDUCE SENTENCE This motion under Fed.R.Crim.P. 35 for reduction of an eighteen-year sentence imposed for the crime of armed bank robbery has prompted the Court to explore the relationship between the length of sentences and the duration of time served. The long sentence was imposed in view of the seriousness of the offense and the defendant’s extensive pri...
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MEMORANDUM Before the Court is plaintiffs’ motion for a temporary restraining order and preliminary injunction as prayed for in *412their amended complaint. Plaintiffs seek to enjoin defendants from going forward with further criminal prosecutions which may grow out of certain indictments handed down by the Knox County Grand Jury. The original complaint was filed August 28, 1975, and sought, inter...
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ORDER The parties having settled the case, and the judgment having been vacated by the United States Court of Appeals for the Ninth Circuit, the cause is dis- ' missed with prejudice, 392 F.Supp. 851. ...
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MEMORANDUM DECISION This is a diversity action in which plaintiffs, Maxwell Pohn and S. M. & R. Co., Inc., both Illinois citizens, seek a declaratory judgment that defendant, Diversified Industries, Inc., a Delaware-Missouri corporate citizen, has breached a tripartite management agreement entered into among the parties on June 17, 1974, providing for Pohn’s management of S. M. & R. Diver...
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*418DECISION AND ORDER In this action plaintiff City of Milwaukee (“City”) challenges the defendant Attorney General’s policies regarding the enforcement of federal laws barring discrimination in employment. The Attorney General has filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Rule 12(b)(1), (6), Federal Rules of Civil Procedure. For the reaso...
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MEMORANDUM This action was originally brought in the United States District Court for the Southern District of New York, by the plaintiff Hill & Range Songs, Inc., for a declaration of the renewal rights of that company in the United States copyrights of musical compositions by Hank Williams. Pursuant to motions for a change of venue filed by the defendants, the Honorable Irving Ben Coope...
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MEMORANDUM OPINION AND ORDER The complaint in this case alleges causes of action against the Board of Education under Title VII, 42 U.S.C. § 1981, and the Fourteenth Amendment, and it charges the Detroit Federation of Teachers (DFT) with a breach of the duty of fair representation. It appears from plaintiff’s pleadings and statements made at oral argument that the complaint was also intended to...
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OPINION After six years of pre-trial maneuvering and the fairly recent filing by the plaintiff of an amended complaint -and an amended pre-trial order, defendant Franklin National Bank (Federal Deposit Insurance Corporation, as Receiver— hereinafter “Franklin”) has moved pursuant to FRCP 56 for summary judgent with respect to the first and second claims against it (the third through sixth...
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MEMORANDUM This is an action by plaintiffs CBS, Inc. and Charles Allen Rich (professionally known as Charlie Rich) against *448 Gusto Records, Inc. Plaintiffs seek a preliminary injunction against defendant corporation pursuant to Rule 65 of the Federal Rules of Civil Procedure, pending a trial of their cause against defendant. Plaintiffs would have this court issue a preliminary injunction...
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OPINION AND ORDER The plaintiffs, Royal W. Sims and the R. W. Sims Trust, brought this action under 28 U.S.C. Section 1338(a) (1970) 1 and 35 U.S.C. Section 271(b) (1952) 2 alleging infringement of Patent No. 2,859,949 by the defendant, Western Steel Company. Plaintiffs seek a permanent injunction against further infringement of the patent by the defendants, an accou...
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ORDER GRANTING DEFENDANT’S . MOTION TO DISMISS Plaintiff brings this action seeking injunctive as well as monetary relief under 42 U.S.C. § 2000e et seq. for alleged violations of her civil rights caused by defendant terminating plaintiff from its employ. Prior to January 1975 plaintiff was employed by defendant as a hemodialysis technician. During the last week in January plaintiff informe...
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OPINION AND ORDER This action arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674. Plaintiff, Alice Jean Chester, Executrix of the Estate of William Chester, deceased, is a citizen of Pennsylvania and a resident of Pittsburgh. At all times relevant hereto, the defendant, through the Veteran’s Administration, operated the Oakland Veteran’s Administration Hospital in Pittsb...
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ORDER This matter is before the court on defendant’s resisted motions to dismiss, for judgment of acquittal, and for new trial, respectively filed July 28, August 12, and August 12, 1975. The two-count indictment in this case charges defendant in count 1 with violating 18 U.S.C. § 17021 2*****and in count 2 with violating 18 U.S.C. § 1708.2 On the morning when trial was scheduled to commence, defe...
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MEMORANDUM AND ORDER I. BACKGROUND Plaintiff, a Reserve Captain in the United States Army, entered the armed services as a Private on July 2, 1959, and was commissioned as a Second Lieutenant in September, 1964. Subsequently, MacKay received promotions to First Lieutenant in March of 1966 and to Captain the following year. In January, 1974, the Secretary of the Army convened a Promotion Sel...
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ORDER OF DISMISSAL This is a wrongful death action brought against the Government by the widow of a man who was killed while sailing a catamaran pleasure boat on the Colorado River. The 28 foot aluminum mast of the vessel struck a low-hanging power line strung across the river by the Bureau of Indian Affairs and the decedent was either electrocuted or drowned. The complaint contains one claim a...
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*477 MEMORANDUM Plaintiff, a white applicant for the position of “landfill operator” for the Surry County landfill project, brings this action alleging that the defendants racially discriminated against him in hiring a “less qualified” black applicant for the job. Plaintiff seeks compensatory and punitive damages along with costs and attorney’s fees. There appears no demand that ...
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OPINION This matter comes before the court on defendant’s motion to dismiss the indictment. Briefs and affidavits were submitted by both sides. Oral argument was heard on November 7, 1975. Following the argument, the court reserved decision. By an indictment filed on February 1, 1967, the defendant was charged with a violation of 50 U.S.C.App. § 462(a), failure to report for induction. Defendant ...
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MEMORANDUM OF OPINION This case came before the Court on plaintiffs’ and defendants’ motions for partial summary judgment. Plaintiffs, a number of individual citizens of the City and County of San Francisco, challenge the constitutionality of the grand juries empaneled by the defendant judges of the Superior Court of San Francisco. 1 At an earlier stage in this litigation, this...
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MEMORANDUM OF DECISION This is a tax refund suit involving the complex reorganization provisions of the Internal Revenue Code. The plaintiff seeks over $4.4 million dollars, plus interest, which it claims to have overpaid in taxes. A review of the background of this case will make this claim more understandable. The parties have stipulated to most (and disagree as to none) of the material...
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This action has been submitted to the Court on cross-motions for summary judgment, pursuant to Rule 56, Fed.R. Civ.P. The parties concede that there are no genuine issues of material fact remaining and that each is entitled to judgment as a matter of law. Upon reviewing the pleadings, the affidavits and all other papers filed, the Court finds the issues in favor of the plaintiff and accordingly g...
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ORDER ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs have produced a film “The Exorcist” which has met with great public acclaim and has been said to be the most terrifying motion picture ever made. The producers contend that the film was produced at a cost of over $10 million and has grossed over $100 million by exhibiting it to more than 100 million viewers world-wide. In this ac...
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MEMORANDUM OPINION AND ORDER I. This a complex antitrust action 1 by Lektro-Vend Corporation, Harry B. Stoner and Stoner Investments, Inc., plaintiffs, against the Vendo Company, the defendant. Vendo recently obtained a $7,345,500 state court judgment against Mr. Stoner and Stoner Investments for violation of their purported fiduciary duties to Vendo. Vendo v. Stoner...
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MEMORANDUM-ORDER This matter is before the Court on trustees’ petition to sell real estate under Order Nisi and intervenors’ oppositions thereto, and intervenors’ motions to vacate the August 10, 1964, Order permitting the disinterment of bodies buried in the west side of the Mt. Zion Cemetery and trustees’ opposition thereto. I. Background. Mt. Zion Cemetery occupies lo...
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ORDER This petition for a writ of habeas corpus was filed November 17, 1972 by an inmate of the Florida State Prison at Starke, Florida. 1 In his petition, John Wesley Mims offered numerous reasons why his conviction for rape was constitutionally invalid and should be set aside by this Court. Through its Orders of September 14, 1973 and January 28, 1974 the Court dismissed the bulk of petitio...
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MEMORANDUM DECISION This is a diversity action in which plaintiff, Michigan Mutual Liability Insurance Company, a Michigan corporate citizen, seeks contribution from defend*560ant, Great American Insurance Company of New York, a New York corporate citizen, in respect to payments made by plaintiff in settlement of claims made by persons injured during the construction of the Marina City apartment ...
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This is an action for cargo loss, transshipment expenses and related damages, and for indemnity for costs of salvage, stemming from a ship fire at sea. Trial was held, without a jury, solely as to liability of the defendants. On May 15, 1968, plaintiff Cerro Sales Corporation (Cerro) entered into a voyage charter party with defendant Atlantic Marine Enterprises, Inc. (Atlantic), owner of t...
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The plaintiffs in this action are individuals and corporations acting as independent service station operators under one-year franchise agreements with BP Oil Corporation [BP]. The defendants are Standard Oil of Ohio [SOHIO], a major marketer and refiner of gasoline, and its wholly owned subsidiary, BP. The case went to trial on all issues, and on May 2, 1975, the jury returned a verdict i...
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OPINION INTRODUCTION For whatever reasons, great interest rarely descends upon the fields of combat — the nation’s courtrooms — when domestic corporations seek to resolve their differences. Aided by an interested public and the presence of a foreign combatant the present day’s continuing saga of corporate warfare has brought before this Court what might appropriately be termed an epi...
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OPINION This is a civil action brought for alleged violation of plaintiff’s civil rights. Jurisdiction of this court is invoked under 28 U.S.C. § 1343 for causes of action alleged to have arisen under 42 U.S.C. § 2000e-5(f) (1) and pursuant to 42 U.S.C. § 1981. Plaintiff seeks declaratory and injunctive relief, as well as money damages, against defendant Stop & Shop Companies, Inc. (Stop & Shop),...
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*613 MEMORANDUM OPINION I. PREFACE On July 28, 1972, plaintiff Texas Urethane, Inc. (hereinafter called Urethane) filed its Original Petition in the 122nd Judicial District Court of Galveston County, Texas. The Original Petition named as defendants Seacrest Marine Corp. (hereinafter called Seacrest) and Union Carbide Corp. (hereinafter called Carbide). Plaintiff complained t...
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OPINION This case concerns the application of 26 U.S.C.A. § 6212(a), (b)(1) (1975 Supp.) 1 *to the situation of one John E. Kennedy. 2 * Kennedy seeks to enjoin the United States from collecting or assessing taxes based on the notice of deficiency mailed January 7, 1975. A temporary restraining order was issued by this court on October 7, 1975, and it was extended by...
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MEMORANDUM, FINDINGS OF FACT AND CONCLUSIONS OF LAW In this diversity action, Copylease Corporation of America (Copylease) seeks specific performance and damages for breach of contract from Memorex Corporation (Memorex). Pursuant to Rule 65(a)(2), Fed.R.Civ.P., trial on the merits was advanced and consolidated with the hearing on Copylease’s renewed application for a preliminary injunctio...
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MEMORANDUM Plaintiff, Burroughs Corporation, brings this action under 5 U.S.C. § 552 and 18 U.S.C. § 1905 to enjoin threatened disclosure of certain information submitted by Burroughs in connection with an unsuccessful bid on a contract (Solicitation N-66032-74-0007) with the United States Department of the Navy Automatic Data Processing Equipment Selection Office (ADPESO). The informatio...
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On March 1, 1973, plaintiff was convicted of violating 18 U.S.C. § 2113(b) in that he “[w]ilfully, knowingly and unlawfully did take and carry away, with intent to steal and purloin money belonging to an FDIC-Insured bank, (Ct. 1),” and he was also convicted of violating 18 U.S.C. § 2113(a) in that he “[e]ntered an FDIC-Insured bank with the intent to commit in said bank a larceny, by means of st...
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MEMORANDUM AND ORDER This is an antitrust action alleging violations of the Sherman Act brought by the plaintiff, a beer distributor, whose dealership was terminated by the defendant brewery. It comes before the Court on the motion of defendant C. Schmidt & Sons, Inc. for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This motion for summary judgment is subm...
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MEMORANDUM AND ORDER Petitioner was convicted of the' offense of murder with malice in the 10th *658Judicial District Court of Galveston County, Texas, in Cause No. 31,615, after a plea of not guilty and a trial by jury. A sentence of life imprisonment was imposed. As far as can be ascertained from the record, the state trial court made no determination of petitioner’s competency to stand trial. I...
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OPINION In its amended complaint filed September 13, 1975 Emhart Corporation seeks a temporary injunction pursuant to Sections 14(d) and 14(e) of the Securities and Exchange Act of 1934, as amended, 15 U.S.C. § 78n(d) and (e) and the rules and regulations of the Securities and Exchange Commission, and Section 1651 of the Judicial Code, 28 U. S.C. § 1651. With respect to the statutory cause of...
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ORDER This matter was heard in open court as the result of a petition for a writ of habeas corpus filed on the 1st of August, 1975 and in accordance with the provision of the Canal Zone Code, Title 5, Section 1573 a writ was issued and the body of the defendant produced. The defendant is a soldier in the United States Army with the rank PVT E-2 and stationed at Fort Davis, Canal Zone. He is now im...
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OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT STATEMENT OF CASE The plaintiffs charge the defendants with a conspiracy to defraud them in connection with the sale of their stock in Coastal United Enterprises, Inc., a Florida corporation (“Coastal”), in violation of the Securities Act of 1934 and Rule 10b-5 adopted pursuant thereto. [15 U.S.C. § 78Kb)] Rule 10b-...
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OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT STATEMENT OF CASE The plaintiffs charge the defendants with a conspiracy to defraud them in connection with the sale of their stock in Coastal United Enterprises, Inc., a Florida corporation (“Coastal”), in violation of the Securities Act of 1934 and Rule 10b-5 adopted pursuant thereto. [15 U.S.C.A. § 78j (b); 17 C.F.R. § 24...
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MEMORANDUM OPINION AND ORDER On October 9, 1974, near Seligman, Arizona, plaintiff William H. Buckner was driving a truck in which his wife, also an employee of the carrier, was a passenger. While the truck was in motion, Carolyn Buckner fell out of the right door, struck her head on the pavement, and died shortly thereafter. This action was filed by Buckner, individually and as surv...
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MEMORANDUM DECISION Petitioner, Ivory Hubbard, seeks habeas corpus relief from Illinois armed robbery and murder convictions. 28 U. S.C. §§ 2241, 2254. He is incarcerated at the Stateville Branch of the Illinois. State Penitentiary. His convictions following a jury trial were affirmed by the Illinois Supreme Court. People v. Hubbard, 55 Ill.2d 142, 302 N.E.2d 609 (1973). He did not seek revie...
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The above captioned cases have been brought pursuant to the Consumer Credit Protection Act, 15 U.S.C.A. § 1601 et seq., and Regulation Z, § 226.1 et seq., seeking damages for the alleged failure of the defendant MCC Financial Services, Inc. (hereinafter MCC), to comply with the disclosure requirements of the Act. Plaintiffs have brought these actions, each alleging two counts: (1) the insu...
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DECISION and ORDER The defendants have moved for summary judgment. The plaintiffs have moved to add Fedders Corporation as a party defendant and also to have a preliminary determination of law regarding the “doctrine of virtual representation.” In view of my finding that the motions for summary judgment submitted by the defendants must be granted, there is no occasion for my resolving the...
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In each of these consolidated cases, creditors are attempting to garnish the wages of employees of the United States Postal Service. The Postal Service has moved for a dismissal on the ground that it is not subject to garnishment proceedings. The reorganized Postal Service is an agency of the federal government with express statutory power to sue and be sued. 39 U.S.C.A. § 401(1). In F. H...
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OPINION AND ORDER OF THE COURT This is. a suit for refund of some $61,587.85 federal income taxes and interest alleged to have been erroneously assessed to and collected from plaintiffs with respect to the 1968 and 1971 joint income tax returns of William A. Preston, Jr. (since deceased) and Rita B. Preston. All other issues having been resolved in favor of the defendant, 1 the...
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MEMORANDUM This matter is before the court upon defendant’s motion to dismiss the complaint pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Plaintiff Louis Longo, a former employee of the defendant, has brought this action under Title VII of the Civil Rights Act of 1964 (“the Act”), 42 U.S. C. § 2000e et seq. ...
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MEMORANDUM OPINION and JUDGMENT ORDER This lengthy and protracted litigation is once again before the court, this time as the result of the filing of six motions by various parties. In order to avoid confusion, each motion will be dealt with separately in this opinion. FACTS The Plaintiff filed this action as a shareholders’ derivative suit against two corporations and a number ...
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MEMORANDUM AND ORDER In this action brought under the Securities Exchange Act of 1934 and the Securities Act of 1933, defendants move to dismiss on the ground that the court lacks subject matter jurisdiction because the transaction between plaintiff and defendants did not involve the sale or exchange of “securities” as that term is defined by federal securities law. The only basis of fede...
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Memorandum and Order This is a civil action for the refund of income taxes and assessed interest for 1968 and 1969. The original action was filed by C. L. and Margaret' Griffith. Subsequently, other causes were consolidated herein, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. There being no genuine issue as to any material fact, plaintiffs C. L. and Margaret Griffith and defe...
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MEMORANDUM OPINION AND ORDER Braniff Airways, Inc., (hereinafter “Braniff”) ■ and Air Line Pilots Association, International (hereinafter “ALPA”), defendants, have filed motions to dismiss the complaint of the plaintiffs, Sue Kennedy, Jeanie Oliver and Barbara Burnet. The court has considered the motions, the pleadings, and the arguments of counsel and is of the opinion that the motions s...
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MEMORANDUM AND ORDER On April 29, 1974, Bruce F. Birdwell initiated this civil action with a complaint alleging that he was being disenrolled as a cadet in the United States Air Force Academy in violation of his constitutional rights. A motion for a temporary restraining order was heard and denied on April 30, 1974. Because Mr. Birdwell was a member of the First Class which was scheduled to gra...
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ORDER GRANTING PARTIAL SUMMARY JUDGMENT This cause came on for consideration upon motions by both parties for summary judgment as to Counts I, II, III, IV, and V of the complaint, all of which .charge the defendant with violations of the Security Act of 1933, the Securities Exchange Act of 1934 and Chapter 517, Florida Statutes. The court, having considered the record and being fully advised in...
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MEMORANDUM OF DECISION Edward Poindexter, an inmate in the Nebraska Penal and Correctional Complex, has petitioned for a writ of habeas corpus. In response to that petition this court on May 2, 1975, conducted an evidentiary hearing to determine (1) whether the petitioner has standing to contest the search of David Rice’s house on August 22, 1970; (2) if such standing exists, whether the decisi...
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This is a motion by defendant Trans World Airlines, Inc. (TWA) for partial summary judgment dismissing all claims in the second amended complaint which are asserted under Title VII of the Civil Rights Act of 1964 (78 Stat. 253 and following; “the 1964 Act”). Thé ground for the motion is lack of jurisdiction over the subject matter because the action was not commenced within the 30 day period sp...
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OPINION The institution of parole has been a lively subject of debate and litigation in the last few years. Responding to the mounting criticisms, the United States Board of Parole, under an energetic and creative Chairman, has lately fashioned a number of substantial improvements in its standards and procedures. But progress is not a straight line. The case now before this court reveals a regr...
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ORDER This cause came on for hearing upon the motion of the Defendant, MOBIL OIL CORPORATION for stay of proceedings in action No. 74-765, and upon the motion of Defendant ATLANTIC RICHFIELD COMPANY for stay of proceedings in action No. 74-1207. The Motions for Stay filed by the Defendants, Mobil Oil Corporation and Atlantic Richfield Company raise similar legal issues in separate actions...
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MEMORANDUM Seth E. Blackwell, Sr., an inmate at the Nebraska Penal and Correctional Complex, has petitioned this court for a writ of habeas corpus. He was sentenced to life imprisonment by the District Court of Lancaster County, Nebraska, on January 6, 1968, following his conviction of second degree murder. In his amended petition filed in this court on April 12, 1974, the petitioner alleges th...
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MEMORANDUM OPINION I. Introduction This case is before the Court on Defendant’s Motion to Amend Probation Order. On April 18, 1974, defendant pleaded guilty to a single conspiracy charge of a three count indictment, whereupon the two substantive charges under 26 U.S.C. § 4705(a), alleging transfer of cocaine, were dismissed on the government’s motion. Though at the time of conviction defend...
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MEMORANDUM This matter came before the court on defendants’ motion to dismiss and on the parties’ cross-motions for summary judgment. In her complaint, plaintiff alleges a pattern of sex discrimination during the course of her employment as a physicist with the United States Army Night Vision Laboratory, culminating in the initiation of a reduction-in-force action against her by which her grade wa...
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*778 DECISION AND ORDER This cause arises upon a complaint, under the patent laws of the United States, 35 U.S.C. § 1 et seq., alleging patent infringement. The court has jurisdiction of the parties and of the subject matter under the provisions of 35 U.S.C. § 281 and 28 U.S.C. §§ 1331, 1332, 1338(a), 1391(c), 1400(b). Plaintiff, a New York corporation, has its principal pla...
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ORDER This is a civil action for injunctive relief and money damages brought pursuant to 17 U.S.C. § 101 and 28 U.S.C. § 1338. The complaint alleges three causes of action. In all three causes, plaintiffs allege that defendant infringed a copyright belonging to one of the plaintiffs by giving public performances of á copyrighted composition for the entertainment of persons frequentin...
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MEMORANDUM OPINION ON DEFENDANT’S MOTION TO DISMISS This action arises under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. and concerns an act of alleged age discrimination by defendant against plaintiff on or about August, 1974. Jurisdiction is founded on 29 U.S.C. § 626(c) and 28 U.S.C. § 1331. Defendant contests the jurisdiction of this court and h...
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OPINION This is an action brought under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA), seeking to enjoin construction of an oil bearing pipeline. Plaintiffs are the Bucks County Board of Commissioners, the Bucks County Planning Commission and Stop the Oil Pipeline Society (STOPS), an unincorporated association. Defendants are Interstate Energy Company (Int...
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MEMORANDUM ORDER Plaintiff, an inmate in the West Virginia Penitentiary at Moundsville, commenced this action to redress alleged deprivations of his constitutional rights arising from his transfer to the maximum security section of the penitentiary. Plaintiff seeks injunctive and monetary relief. Jurisdiction is invoked under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Plaintiff, in his p...
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DECISION AND ORDER The defendants in the above action have filed motions pursuant to Rule 12(b)(1) and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the plaintiffs’ amended complaint for lack of sub- ■ ject matter jurisdiction and to dismiss the amended complaint and individual causes of action thereof for failure to state a claim upon which relief can be granted. I hold that the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. This is a civil action brought under 35 U.S.C. § 146 from a decision of the Board of Patent Interferences of the United States Patent and Trademark Office. 2. The plaintiffs are Robert D. Anderson, Alvin E. Herz, Clabeorn Jones, Harold G. Strickland, William K. Wilson and L. B. Foster Company. 3. The defendants...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO FILE AMENDED COMPLAINT IN CASE 74-1502-HP AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTIONS TO DISMISS AND STRIKE THE AMENDED COMPLAINTS IN CASES 75-2385-HP AND 75-2479-HP Each of these three actions falls within the federal admiralty jurisdiction created by Art. Ill, Sec. 2 of the Constitution as implemented by 2...
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This is a petition for a writ of habeas corpus. 28 U.S.C. § 2254. William Lee Jackson was convicted of second degree robbery in Erie County Court, Buffalo, New York. On November 21, 1967 judgment was entered and petitioner was sentenced to a term of imprisonment of not less than seven and one-half years, nor more than fifteen years. The appellate court to which the conviction was directly appealed...
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ORDER AND OPINION Before SIMPSON, Circuit Judge, and SCOTT and REED, District Judges. In this case, plaintiff Ellwest Stereo Theatres, Inc., challenges the constitutionality of Florida Obscenity Statutes Section 847.011, 1 alleging that utilization of this statute in civil and criminal prosecutions abridges rights secured to plaintiff by the First, Fifth and Fourteenth Amendments to the Uni...
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MEMORANDUM AND ORDER In this action 1 seeking declaratory and injunctive relief under the Civil Rights Act of 1871 (42 U.S.C. § 1983), within the jurisdiction of the district court, 28 U.S.C. § 1343(3) and (4), on the ground that both the structure and administration of Pennsylvania’s State Plan for Programs on Aging are inconsistent with the Older Americans Act (42 U.S.C. § 30...
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ORDER Petitioner seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. On March 10, 1975, the petitioner went on trial in *870 Superior Court on a charge of open murder. On that date, the trial judge heard a motion and offer of proof presented by the defense concerning the admission of an unstipulated polygraph examination which the defendant took and passed. The court took the motion unde...
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DECISION and ORDER On September 3, 1975, this matter was tried to the court. The opinion which follows constitutes the findings of fact and conclusions of law required by Rule 52, Federal Rules of Civil Procedure. At the outset of trial, counsel were able to enter into a number of agreements. Based on counsels’ stipulations, I ordered the dismissal of the American Federation of Music...
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OPINION At the turn of the century, a burgeoning nation was in the midst of Western expansion. Hampering this expansion, however, was the simple geographical fact that great areas within the Western states and territories encompassed arid and semiarid lands. By the enactment of the Reclamation Act of 1902, Title 43 U.S.C. § 371 et seq., Congress concluded that much of these ari...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs seek an injunction ordering the defendants to comply with 49 U.S.C. § l(18). 1 This provision of the Interstate Commerce Act forbids a railroad subject to federal regulation from abandoning operations without first having obtained a certificate of public convenience and necessity from the Interstate Commerce Commission. The I.C...
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STATEMENT Plaintiff in its Complaint prays for judgment declaring the rights and obligations of the parties and that Maryland Casualty Company has no coverage under its policy No. 31-613175 to Ronald Turner and James J. O’Donnell on account of any claims arising out of the injuries sustained by Suzanne Elizabeth Orsi on August 5, 1973, and that plaintiff has no obligation on behalf of sai...
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The plaintiff, a married woman, seeks to attack the constitutionality of the part of the Louisiana community property system that, as interpreted by the Louisiana Supreme Court, makes the entire community liable for the male spouse’s antenuptial debts but, at the time suit was instituted, protected the community property from liability for the female spouse’s separate debts 1 2so long as the co...
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MEMORANDUM OPINION Joseph Rendzio was denied Medicare benefits for the period of April 15, 1972 through May 27, 1972, during which he was an inpatient at the Medicenter in Southfield, Michigan, on the ground that the services provided during that period were mere “custodial care” and therefore excluded from coverage by 42 U.S. C. § 1395y(a)(9) (1974). The issue here is whether the Secretary’s...
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On February 22, 1974, Grover Crutch-field was injured while assisting in loading pipe onto a vessel from a dock. Crutchfield was working for Packard, Inc. Employees of Superior Welding, Inc. were also engaged in the loading activity. Atlas Offshore Boat Service, Inc. owned and operated the vessel on which the pipe was being loaded. All three of these companies were working under contract with Gul...
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MEMORANDUM OPINION The Institute of Computer Technology (ICT), defendant herein, agreed on October 15, 1974 to participate in a Basic Educational Opportunity Grants (BEOG) Program, administered by the United States Commissioner of Education pursuant to 20 U.S.C. § 1070a. The purpose of this program is “to assist in making available the benefits of post-secondary education to qualified stu...
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ORDER The petitioner, Frank W. Lansinger, a state prisoner confined in the Oklahoma State Penitentiary at McAlester, Oklahoma, has presented to this court his Petition for Writ of Habeas Corpus challenging his detention by virtue of the judgments and sentences of the District Court of Oklahoma County, Oklahoma, in cases numbered CRF-71-1594 and CRF-72-2892. The respondent has submitted its Respons...
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OPINION Status of Proceedings This challenge to the constitutional validity of the New York Public Health Law, McKinney’s Consol.Laws, c. 45, § 3300 et seq., pursuant to which under §§ 3331(6), 3332, subd. 2(a) and 3334(4) all prescriptions containing Schedule II substances must be filed with the Bureau of Controlled Substances, Licensing and Evaluation (BCSLE) in Albany on forms...
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*940 DECISION AND ORDER Plaintiff Modina Brown commenced this action on March 4, 1974 pursuant to section 205(g) of the Social Security Act (hereinafter referred to as the “Act”), 42 U.S.C. § 405(g), seeking a reversal of the final decision of the Secretary of Health, Education and Welfare which denied plaintiff’s application for the establishment of a disability and for disability insurance ...
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This is an employment discrimination case brought under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, et seq., and under 42 U.S.C. § 1981. Defendant moves to dismiss as to § 1981 on the grounds that the applicable statute of limitations has run. This raises the difficult and interesting question of what is the most appropriate state statute of limitations. There appears ...
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MEMORANDUM AND ORDER *948I. FACTS Before the Court is a petition for a .writ of habeas corpus brought by relator, a state prisoner. Relator argues that he was deprived of his constitutional right of due process of law by the instructions of the trial court to the jury in his criminal trial. In instructing the jury, the trial judge made comments, unsupported by the evidence, which were unfairly pre...
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MEMORANDUM ORDER By order to show cause and a petition, petitioner seeks a writ of habeas corpus to relieve himself of an allegedly illegal conviction imposed by the State of New York in violation of the United States Constitution. Jurisdiction, which is not disputed, is obtained under 28 U.S.C. § 2241(a). Petitioner, a citizen and resident of New York, is currently incarcerated in the Grea...
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ORDER This 42 U.S.C. § 1983 class action seeks declaratory and injunctive relief with respect to certain faculty contracts of employment with the Board of Regents of the University System of Georgia for the 1975-76 academic year and legislation repealing appropriated pay raises passed by the Georgia General Assembly. The action was filed by the Georgia Conference of the American Association of ...
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MEMORANDUM AND ORDER In this antitrust action defendants are charged with agreeing and conspiring to restrain trade in and monopolize the market defined as that unique cluster of services offered by shopping centers in the Bethlehem area. Plaintiff Bethlehem Plaza, a partnership, has recently completed constructing a shopping mall in the center of Bethlehem as a private venture in that ci...
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MEMORANDUM AND ORDER Presently before the Court is a motion by Defendants Joseph O’Neill, Frank L. Rizzo, and the City of Philadelphia, to dismiss the complaint filed by the Plaintiffs under 42 U.S.C. § 1983. The complaint is based on an alleged unlawful search and arrest of minor Plaintiff Julian Wilkerson by Defendant Mock and other police officers. It is asserted that subsequent t...
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The United States, acting through the Internal Revenue Service (the government), filed a proof of claim against the bankrupt estate of Joel Kline for various taxes claimed to be due the government. The trustee in bankruptcy (the trustee) objected to those items (amounting to $410,726.88) which were based upon §§ 4941 and 4944 of the Internal Revenue Code of 1954, as amended by the Tax Reform Ac...
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While the barge KCB-263 was employed uneventfully on its maritime business, the documents pertaining to the barge undertook a bizarre financial voyage of their own. The paper cruise gives rise to this litigation concerning who owns the barge. The parties agree that the barge once belonged to J. Rich Steers, Inc., and that, on November 15, 1965, Steers sold the barge to Sea Work Contractors, who to...
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MEMORANDUM DECISION Petitioner seeks habeas corpus relief under the provisions of 28 U.S.C. Sec. 2254 (1970). Petitioner Aschmeller is confined in the South Dakota State Penitentiary under a life sentence imposed in 1971, following a conviction for murder perpetrated in the commission of a felony. The conviction was affirmed by the South Dakota Supreme Court. State v. Aschmeller, S.D., 209 N....
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The above-styled actions were heard by the Court without a jury and taken under submission on the 18th day of September 1975. After hearing the evidence, examining the exhibits, the pleadings, ' the stipulations, briefs and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. By stipulation these actions were consolidated for...
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This case involves pre-enforcement judicial review of the Federal Trade Commission (“Commission” or “FTC”) annual line-of-business reporting program. 1 2 Previously this Court preliminarily enjoined the defendant Commission from enforcing its Orders to File Form LB against the plaintiffs in this action and related litigation.* The instant controversy arises over two discovery ...
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OPINION Plaintiff, Bernard Weinberger, a former limited partner in the now defunct *1023 brokerage firm of Ira Haupt & Co. (“Haupt”), commenced this action against defendant, New York Stock Exchange (“Exchange”), on October 9, 1969. An amended complaint was filed on January 22, 1970. Issue was joined and the case was submitted to the Court for decision on a stipulated record ...
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MEMORANDUM AND ORDER This matter is before the Court for a decision on the merits. The defendant, Robert Frey Parker, has waived his right to a jury trial, and consented to a trial based upon evidence adduced at the Court’s hearing on pre-trial motions, and additional filed stipulations of fact. The defendant is charged with conspiring to violate §§ 841(a)(1) and 846 of Title 21, United States Cod...
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Plaintiff seeks declaratory and injunctive relief 1 against the operation of R. 1:24-2 of the New Jersey Court Rules, 1969, as amended, insofar as paragraph (c) of that Rule prevents him, and those persons similarly situated 2 , from sitting for the bar examination of the State of New Jersey. 3 R. 1:24-2 provides in pertinent part: “No person shall be admitted to the bar examination unl...
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AMENDED OPINION These are consolidated actions in which plaintiff charges the defendant with infringement of patents on automatic tool changers important to automation in the machine tool industry. In such actions the defendant in its amended answer asserts the defense of collateral estoppel and in a counterclaim charges plaintiff with antitrust violations and seeks declaratory judgment t...
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MEMORANDUM DECISION The plaintiffs in this action seek to challenge the validity of regulations promulgated by the State Board of Education which, plaintiffs allege, require them to be subjected to cafeteria duty involutarily in violation of their constitutional rights. Accordingly, plaintiffs have moved this Court to convene a three-judge district court pursuant to 28 U.S.C. § 2281. Plai...
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MEMORANDUM Plaintiff, United States of America, on behalf of the Internal Revenue Service, has commenced an action to reduce to judgment certain tax assessments made against defendants Lester and Marjorie Pridgen upon the alleged failure of defendants’ corporation to pay over to the government taxes withheld totalling $3,278.01. This memorandum arises upon plaintiff’s motion for summary j...
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MEMORANDUM OPINION By Complaint filed October 1, 1973, this action alleges an assault, battery, false imprisonment and kidnapping, all of which allegedly occurred on October 1, 1970. The action seeks damages under 42 U.S.C. § 1983. The Answer asserts a Statute of Limitations defense based on S.D.C.L. § 15-2-14 (1967), which reads in relevant part: Except where, in special cases,...
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MEMORANDUM OPINION AND ORDER This is an action by the personal representative of a decedent’s estate for *1116damages for the (instantaneous) wrongful death of such decedent, based upon diversity of citizenship and the requisite jurisdictional amount. 28 U.S.C. §§ 1332(a)(1), (c). The plaintiff and the defendant stipulated that they had entered into, subject to the Court’s further order, a pretri...
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OPINION This case involves the review of an order setting tolls on bridges owned and operated by the Delaware River Port Authority (hereinafter “Authority” or “DRPA”)! 1 by the Federal Highway Administrator (hereinafter “Administrator”). The Administrator’s authority to prescribe tolls derives from Section 503 of the General Bridge Act of 1946, 33 U.S. C. § 526. As origina...
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OPINION In this diversity ease plaintiff, alleging the misappropriation and continuing use of its trade secret by defendant, seeks declaratory and injunctive relief, an accounting of profits, compensatory and punitive damages, and an assessment of costs and attorney fees. The instant action is before the court on plaintiff’s motion, pursuant to Rule 15(a), F.R.Civ.P., for leave to file a s...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT’S ALTERNATIVE MOTION TO DISMISS This case has been submitted on cross-motions for summary judgment under Fed.R.Civ.P. 56 and the defendant’s alternative motion to dismiss pursuant to Fed.R.Civ.P. 12. The facts have been stipulated, and the Government has filed the Coast Guard’s administrative record at the Court’s request. 1...
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*1168 MEMORANDUM RE LIABILITY This is a civil action arising out of a helicopter crash. Negligence and breach of contract and warranty are alleged. All issues of liability were separated from the determination of damages and tried to the Court without a jury. After a full trial the Court now sets out its findings of fact and conclusions of law. I. FACTS On April 5, 1973...
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MEMORANDUM AND ORDER The motion presently before this Court presents an issue which to this Court’s knowledge has not been decided by any federal court. The government has moved for an order requiring certain witnesses appearing before a grand jury to have separate counsel. I. FACTS At midnight on September 30, 1975, Local 6 of the Newspaper and Graphics Communications Union, which represents pres...
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MEMORANDUM OF DECISION This case requires the court to resolve the question of what effect is to be given a duly executed conciliation agreement between an employer and the Equal Employment Opportunity Commission (“EEOC” hereinafter) when certain of the provisions contained in such agreement conflict with the terms of a previously executed collective bargaining agreement between the emplo...
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OPINION Defendant Michael Ciamacco, Jr. has moved to suppress certain telephone conversations intercepted by the government proposed to be introduced by it in the prosecution of the above case. These involve six interceptions of calls between Michael Ciamacco, Jr. and phones registered to the following parties on the following dates: 12-11-71 D'Angelo Phone No. 643-8168 12-...
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MEMORANDUM OPINION AND ORDER Defendants’ motion for order compelling discovery came on for consideration before the Honorable Robert M. Hill, United States District Judge. In an order filed October 29, 1975, the court required the disputed documents to be produced for an in camera inspection. After considering the motion and the arguments of counsel and after inspecting the disputed docum...
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Virginia’s statute making sodomy a crime is unconstitutional, each of the male plaintiffs aver, when it is applied to his active and regular homosexual relations with another adult male, consensually and in private1 They assert that local State officers threaten them with prosecution for violation of this law, that such enforcement would deny them their Fifth and Fourteenth Amendments’ assurance ...
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MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Plaintiff filed this action on July 23, 1975, in the United States District Court for the District of Columbia, seeking declaratory and injunctive relief against the various federal defendants concerning a proposed Bureau of Land Management (BLM) round up of wild horses in Stone Cabin Valley, Nevada. On July 24, 19...
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MEMORANDUM OPINION AND ORDER This is a civil action by the plaintiff Dr. Berrios for money damages and for reinstatement to his right to practice his profession of anesthesiology at the defendant hospital. The jurisdiction of this Court is alleged under 28 U.S.C. §§ 1331, 1343, 42 U.S.C. § 1983, and 15 U. S.C. § 4. The defendants each moved, inter alia, to dismiss this action for failure to s...
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*1226MEMORANDUM OPINION During 1965, defendant Larry Yates purchased a filling station in Martin, Tennessee. The station was known as Gateway Service Station (hereinafter called Gateway), and was located on premises of Argo-Collier Truck Lines Corporation (hereinafter called A-C), a common carrier by motor vehicle operating over irregular routes from the principal Martin office in a number of sta...
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MEMORANDUM AND ORDER In this action petitioner seeks a writ of habeas corpus to gain his release from Youth Center No. 1 in Lorton, Virginia. The pertinent facts are undisputed. On July 18, 1969, petitioner was sentenced in the United States District Court for the District of Columbia pursuant to the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5010(b), and thereupon committed to the custo...
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DECISION and ORDER Each of the defendants has filed a motion to dismiss or for summary judgment with respect to the various counts of the plaintiff’s complaint. In connection with these motions, the plaintiff has moved to strike the affidavit of Warren G. Cudlip and to delay consideration on the motions for summary judgment until the completion of discovery, pursuant to Rule 56(f), Federa...
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MEMORANDUM ON REMAND These proceedings were initiated by the complaint filed in Civil Action No. 1557-73 on July 31, 1973. After extensive discovery and pretrial motions these consolidated matters were heard on plaintiffs’ motions for summary judgment and a cross-motion by defendants to dismiss both actions. The Court filed a Memorandum Opinion and Order on March 15, 1974 (372 F.Supp. 119...
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MEMORANDUM OPINION This is a race discrimination case brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. § 2000e-16(c) (Supp. III, 1973). There is no administrative record because the complaint was filed in this court when EEOC failed to act on plaintiff’s administrative complaint within the statutory 180-day period. Jurisdiction is founded on 42 U.S.C. §§ 2000e-5(f...
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ORDER The background of this Order is as follows: On October 7, 1975, Mayet filed a petition for a writ of habeas corpus challenging the U.S. Board of Parole’s use of decision-making guidelines in the determination of when prisoners sentenced under the Youth Corrections Act will be released on parole. Mayet was sentenced as a Youth Offender under 18 U.S.C. § 5010(b) on February 1, 1974. On Janu...
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DECISION and ORDER The defendants Ralph Akin, M. G. Astleford and Jane Z. Astleford have moved to dismiss the action as to suck defendants on the ground that the court is without jurisdiction over their persons. Service in each instance was made outside of Wisconsin, and the defendants urge that this court should not assume jurisdiction over them. Mr. Akin and Mr. Astleford were officers of Invest...
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DECISION and ORDER The defendants have moved for a change of venue to the southern district of Florida on the grounds that the interests of justice and the convenience of the parties and the witnesses require it. In addition, the defendant Cross Country Insurance Agency, Inc. has moved to dismiss the complaint for improper venue. The amended complaint in this action alleges a breach of contra...
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MEMORANDUM AND ORDER GRANTING WRIT Petitioner seeks a writ of habeas corpus in this Court after being denied such relief in state court. Petitioner was convicted of rape in 1959 in the Washington State Superior Court for Benton County and sentenced to a maximum of sixty years imprisonment. He was paroled from the Washington State Penitentiary September 28, 1970. On February 3, 1971 h...
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Lucien St. Julien was employed by Frank’s Casing Crew as a stabber. His job was to assist in running casing (pipe) into oil and gas wells. He worked on a board high in the derrick known as a stabbing board, and guided the casing into its proper place. His duties were the same whether the well was being drilled on dry land or from a fixed platform erected over water or from a submersible rig. He...
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ORDER This cause came on to be heard on October 17, 1975, on the motion of the plaintiffs for partial summary judgment for maintenance and cure against the defendant, Triple T. Boats, Inc., pursuant to Rule 56 of the Federal Rules of *1261 Civil Procedure. The Court having considered all the pleadings on file, the affidavits of the plaintiffs, Levi Bosarge, Sr., and Levi Bosarge, Jr., and hav...
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MEMORANDUM In this morbidly durable case, plaintiff sued under the Jones Act, 46 U.S.C. § 688, for a crushed left thumb he sustained in an accident on August 30, 1966. A jury verdict of $75,000 was returned on March 26, 1971. District Judge Mansfield, as he then was, ordered a new trial unless plaintiff consented to a reduced award of $45,000. When plaintiff withheld consent, a new trial was order...
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The above-styled cases were consolidated for consideration, the earlier being an action for declaratory judgment filed by Sentry Insurance (CIY-74-351-B) and the later being a garnishment action filed by Melvin Stephens (CIV-74T512-B). There are but three genuine issues in the cases, all questions of law. First, what is the res judicata effect of a default judgment rendered in the District Court o...
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ORDER On December 5, 1974, defendant filed a Motion for Summary Judgment, and on December 6, 1974, plaintiff also filed a Motion for Summary Judgment, in the above-entitled action. The matter, having been fully briefed and argued by both sides, has been finally submitted and is presently ready for decision. The facts of the transactions upon which the ease is premised are complex and...
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MEMORANDUM AND ORDER Plaintiff, Rupali Bank (“Rupali”), a Bangladesh banking company, seeks to recover the sum of $648,294.94 from defendant, Provident National Bank (“Provident”). The principal office of the Muslim Commercial Bank, Ltd., (“Muslim Bank”) in Karachi, West Pakistan, made arrangements with Provident to collect and deposit in a dollar account the proceeds from certain export transa...
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MEMORANDUM OF DECISION This is an action for declaratory and injunctive relief, brought by the Leslie Salt Co., an owner of certain property along the San Mateo, Santa Clara and Alameda County shorelines of San Francisco Bay, against the Secretary of the Army; the Chief of Engineers, United States Army Corps of Engineers ; and the District Engineer of the Corps, San Francisco District, So...
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MEMORANDUM OPINION By an amended complaint that is anything but the short and plain statement contemplated by Fed.R.Civ.P. 8(a), plaintiff, Rovin Sales Company, an Ohio corporation, sues defendants, The Socialist Republic of Romania, a foreign state; its Ministry of Foreign Trade; Vinexport, an enterprise owned by Romania and created for the purpose of selling and exporting Romanian wines...
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MEMORANDUM This is an action under § 205(g) of the Social Security Act, as amended, 42 *1304U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for a period of disability and for disability insurance benefits. The issue is whether the Secretary’s final decision that plaintiff is not entitled to disability insurance benefits for a...
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OPINION The plaintiff, Mary Lincovich, widow of Andrew Lincovich, filed an Application for Survivor’s Benefits on August 7, 1970, under the Federal Coal Mine Health and Safety Act, as amended, based on the coal mine employment of her deceased husband. After terminating his employment as a miner because of his health, he obtained a truck which he used to haul coal which was loaded and unloaded m...
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MEMORANDUM AND ORDER This matter comes now before the Court on the motion of each defendant for summary judgment. The United States Attorney on behalf of each defendant, has again preliminarily raised a question as to the power of the Court to proceed to the merits in light of the claim of official immunity. A motion to dismiss directed to these issues has already been denied, Miller v. Saxbe,...
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MEMORANDUM This is an action to review a final decision of the Social Security Administration by the Secretary of Health, Education and Welfare of the United States of America, denying plaintiff’s claim for disability benefits under §§ 216(i) and 223 of the Social Security Act, as amended. After the first denial of benefits, plaintiff made a timely request for reconsideration and the prior ac...
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MEMORANDUM These substantially identical actions for injunctive and declaratory relief were consolidated for the purposes of hearing and disposition. The plaintiffs seek to enjoin the defendants from withholding certain information about persons arrested or charged with the violation of federal criminal statutes and to obtain a declaratory judgment that such withholding is violative of the Priv...
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MEMORANDUM OF DECISION GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING IT IN PART, AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND RULING ON ISSUE In this action brought under the Warsaw Convention, the parties have made cross-motions for summary judgment. Defendant seeks a partial summary judgment precluding recovery of either Plaintiff for alleged psychos...
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Defendant Biss, a federal law enforcement officer, moves to dismiss the complaint against him. The other three defendants in this action are New York City policemen. All are accused of violating the civil rights of the six plaintiffs during an alleged illegal entry into their apartment on September 26, 1972. The complaint in this action was not filed until November 27, 1973, more than one year ...
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This is an action brought by several railroad companies to set aside an order of the Interstate Commerce Commission (I.C.C.) cancelling proposed rate schedules which would have provided increased revenues from the transportation of fresh fruit and vegetables to the east coast. Jurisdiction of this court was invoked pursuant to 28 U.S.C. § 1336(a) and a three-judge court was convened as required by...
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MEMORANDUM AND ORDER Plaintiff Ranger Bakers, Inc. (“Ranger”) and co-plaintiff Mark Jacobson, its president, have brought this civil rights action alleging that defendants, the Organized Crime and Racketeering Section of the Department of Justice (the “Strike Force”), the Internal Revenue Service (the “IRS”), and named IRS officers, have carried on a “personal vendetta” against plaintiffs...
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MEMORANDUM AND ORDER This suit involves the constitutionality under the Supremacy Clause 1 *1340 of the District of Columbia rent control ordinance 2 as it appies to housing projjects that are federally insured under § 220 of the National Housing Act. 3 Plaintiffs contend that the local law is invalid because there has been a federal preemption of...
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ORDER This is a proceeding for a writ of habeas corpus by a state prisoner who challenges the validity of the judgment and sentence of the District Court of Oklahoma County, Oklahoma, in Case No. CRF-71-2308. The respondents, pursuant to the Order of this Court to show cause, have filed a Response and submitted the original record including the transcript of petitioner’s trial together with the re...
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*1351 MEMORANDUM OPINION AND ORDER The above styled action has been brought under 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare in which plaintiff’s entitlement to disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, as amended,- 42 U.S.C. §§ 416(i) and 423, was found to have ceased. Both par...
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ORDER OF COURT This is an action for declaratory, injunctive, and other relief filed by Briar-cliff Haven, Inc. [Briarcliff] against the Department of Human Resources of the State of Georgia [DHR], David ' Matthews, Secretary of the Department of Health, Education and Welfare [HEW], and others, in which Briarcliff alleges two related causes of action. First, Briarcliff claims, in its orig...
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MEMORANDUM This is a suit to review the final decision of the Secretary of Health, Education and Welfare, which had denied the plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to §§ 411(a) and 412(a)(2) of the Act, 30 U. S.C.A. § 921(a) and § 922(a)(2). The court has jurisdiction exclusively pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g) as incorpo...
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MEMORANDUM DECISION The plaintiffs in this removed action are three employees of the Kane County Community Action Agency (KCCAA), a corporation organized under an act of Congress, with its principal office in Batavia, Illinois. The plaintiffs work in Aurora, Illinois, at a subsidiary of the KCCAA. The defendants are the KCCAA, its executive director Betti Sands, the board of directors, th...
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MEMORANDUM OPINION AND ORDER Plaintiff, Dora Tucker, commenced this diversity action against Norfolk and Western Railway for personal injuries allegedly sustained in a grade crossing collision between its train and an automobile driven by her husband, Thomas Tucker. Norfolk and Western impleaded Thomas for contribution or indemnification, alleging primarily negligence, gross negligence, and las...
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OPINION Defendants Schwartz and Professional Sports Enterprises, Inc. move to dismiss the action for lack of personal jurisdiction over them. The motion is granted. I. Plaintiff Chemical Bank’s claim in this action is that defendants have interfered with its security interest in a hockey franchise held by a team known as the “Golden Blades”. Defendant World Hockey Association (“...
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OPINION AND ORDER I. Preliminary Statement This is a petition for a writ of habeas corpus brought by a state prisoner who ls presently serving a sentence of six to thirty years’ imprisonment following his plea of guilty to three counts of aggravated robbery and one count of burglary before the Honorable Emanuel W. Beloff of the Court of Common Pleas of Philadelphia...
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ORDER REVERSING BANKRUPTCY JUDGE’S ORDER ENTERED April 29, 1975 Appellant, Joseph J. Rifkind, has filed an appeal with this court, pursuant to Bankruptcy Rule 801, seeking a review of an order entered April 29, 1975, by Bankruptcy Judge Howard V. Calverley. This court has jurisdiction to review Bankruptcy Judge Calverley’s order under Section 2a(10) of the Bankruptcy Act [11 U.S.C. § 11(a) (10)...
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MEMORANDUM OPINION This action commenced in November, 1974, in the Chancery Court for Shelby County, Tennessee, with the filing of a complaint by Harper Financial Corporation against Hanson Oil Corporation. The complaint sought damages in the amount of $14,850 for breach of contract which allegedly occurred when the defendant purchased oil well pipe directly from the Miller Drilling Compa...
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