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Opinions in f-supp Volume 407

MEMORANDUM AND ORDER The instant action is one for the refund of certain federal income taxes and interest and penalty paid for the years 1964, 1965 and 1967. The Court has jurisdiction over the matter pursuant to 28 *2 U.S.C. § 1346(a)(1) and 26 U.S.C. § 7422. The parties, with the approval of the Court, stipulated that the case be submitted to the Court for decision based u...
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MEMORANDUM AND ORDER This suit involves a claim for the refund of certain federal income taxes. The facts of this case and the various contentions of the parties are set forth in this Court’s earlier Memorandum and Order, DePinto v. United States of America, 407 F.Supp. 1 (D.C.1975). *6 This Court’s earlier opinion in DePinto, supra, set fort...
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MEMORANDUM Federal Deposit Insurance Corporation (FDIC hereafter) and European American Bank (EA) are successors in interest to an insolvent, Franklin National Bank (FNB). Plaintiffs, two dentists, borrowed $156,000 from FNB on March 3, 1972, and now claim that the loan (reduced substantially by repayments on account) violated Regulation U (Federal Reserve Regulations, 12 C.F.R. Sect...
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OPINION Plaintiffs, Harold and Wanda French (“the Frenches”) own real property located in Dickenson County, Virginia. 1 *15 The Frenches are citizens and residents of Virginia, living on the parcel which they own. The defendant, Clinchfield Coal Co. (“Clinchfield”), is a corporation chartered by the States of Delaware and Virginia, and owns the mineral rights to coal, ...
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ORDER There are now presented to this Court issues concerning the conscionability or unconscionability under the applicable provisions of the Uniform Commercial Code of certain limitations or exclusions of consequential damages in connection with the sale of the soybean inoculant product Triple Noctin manufactured by Defendant, Kalo Laboratories, Inc. [hereinafter Kalo], and sold to Plain...
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OPINION This is an action brought by the United States pursuant to 28 U.S.C. § 1345 1 to enjoin defendants Donald and Alma Zorger from maintaining a campground on a 17.19 acre tract of land located in Greenwood Township, Clearfield County, Pennsylvania. The property, designated as Tract 712-E, is owned by defendants in fee, subject to a government flowage easement over its entirety. The Unite...
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OPINION This action to set aside a decision of the Comptroller of the Currency, approving the application of The Chase Manhattan Bank (“Chase”), to establish a branch in Locust Valley, Nassau County, New York, is presently before us on cross-motions for summary judgment. Rule 56 Fed.R.Civ.P. Plaintiff, invoking the Administrative Procedure Act, 5 U.S.C. § 706, seeks review of the Comptroller’s de...
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ORDER This is an action brought by former recipients of benefits under the Georgia Aid to Families with Dependent Children (AFDC) Program, for declaratory and injunctive relief regarding termination of those benefits. Jurisdiction is alleged under 5 U.S.C. §§ 701-06; 28 U.S.C. §§ 1331, 1361; and 42 U.S.C. § 1983. Defendants are state and federal officials responsible for general supervisi...
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MEMORANDUM AND ORDER The plaintiffs in this case allege a cause of action against defendants based upon Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The liability of defendant Provident National Bank (“Provident”) is predicated upon its alleged complicity in the role of an aider and abettor. This matter comes before the Court on motion of defendant Provident for su...
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Petitioner Tom Dixon here asserts that he was unconstitutionally convicted and sentenced on a charge of armed robbery to 20 years imprisonment by a jury in the Superior Court of Dougherty County, Georgia. Based on an evidentiary hearing, record evidence in this case and in Dixon v. Georgia, Civil No. 1178 (M.D.Ga. June 5, 1972, rev’d sub nom. Dixon v. Caldwell, 471 F.2d 767 (5th Cir. 1973), a...
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MEMORANDUM OPINION AND ORDER Plaintiff, injured in a plane crash, brings this action to recover damages from the manufacturer of the allegedly defective aircraft. Defendant seeks summary judgment on the ground that plaintiff has executed a release of all claims. That document reads in pertinent part: *71 “That the Undersigned, being of lawful age, for the sole considera...
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MEMORANDUM The issues raised by these two cases are, for all practical purposes, identical. The two plaintiffs, Patricia Bryson and Thomas Bryson, her son (who as a minor is represented by his guardian ad litem John K. Patterson), are both seeking damages from the defendant, The North-lake Hilton, for flea bites which they allege that they received while staying in the defendan...
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*80 OPINION OF THE COURT This Civil Rights action was brought by LeRoy W. deMarrais against the Community College of Allegheny County (College), John B. Hirt, President of the Board of Trustees and chief executive officer of the College, and the Members of the Board of Trustees, as a result of his termination of employment with the College. Defendants have filed a Motion to Dismiss, and the s...
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MEMORANDUM OPINION This case is before the Court on plaintiff’s Motion For Preliminary Injunction and defendants’ Motion To Dismiss. In this action plaintiff seeks to have the Court enjoin the January 1, 1976 implementation of Treasury Regulations § 1.1232-l(c)(3) and § 1.1232-3A(f)(l), while the government asks that the action be dismissed for an asserted lack of proper subject matter ju...
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MEMORANDUM OPINION This matter is before the court on the parties’ cross-motions for summary judgment. The action arises out of a series of decisions by the defendants with regard to the postal rates applicable to two of plaintiff’s publications, as well as to other general mailings. Specifically, the United States Postal Service took action to: (a) deny the application of the Nation...
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MEMORANDUM OPINION AND ORDER This matter came before the Court oh cross motions for summary judgment. Oral arguments were presented to the Court on September 12, 1975. Parties have agreed that the hearing may be considered a complete submission on the merits. Appearances are noted in the Clerk’s Court Minutes for that date. The plaintiffs are millers from the corn wet milling industry. Th...
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MEMORANDUM OPINION In the years 1970, 1971, and 1972, former President Richard M. Nixon claimed tax deductions based on an alleged 1969 charitable contribution to the United States of pre-Presidential papers worth $576,000. Questions as to the validity of those deductions sparked investigations by, or authorized by, a number of governmental bodies including the Internal Revenue Service, t...
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MEMORANDUM OPINION AND ORDER This is a civil action brought under 42 U.S.C., Section 1983, by eighteen named individuals and fifteen named groups and/or organizations. The named plaintiffs also seek to bring the action in the name of all others similarly situated. The plaintiffs are seeking declaratory and injunctive relief as well as compensatory damages as a result of alleged violations of th...
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OPINION Plaintiffs are five patients at the Delaware State Hospital, a state institution for the mentally ill. Defendants are former and present officials of the Delaware Department of Health and Social Services, that Department’s Division of Mental Health and Retardation and the Delaware State Hospital. The details of plaintiffs’ allegations are .discussed in the Court’s Opinion of April 10, 1...
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MEMORANDUM This action is now before the Court on cross motions for summary judgment and Defendant-Intervenor’s alternative motion to dismiss. The action is brought by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 639, to enforce two arbitration awards pursuant to Section 301 of the Labor Management Relations Act (29 U.S.C. § 185). SUMMARY OF FA...
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407 F.Supp. 132 (1976) Dennis NILES, Plaintiff, v. Jung Y. LOWE, Individually and in his capacity as Chief Disciplinary Counsel of the Supreme Court of the State of Hawaii, Defendant. Civ. No. 75-0322. United States District Court, D. Hawaii. February 2, 1976. *133 Eric A. Seitz, Honolulu, Hawaii, for plaintiff. Jung Y. Lowe, Honolulu, Hawaii, for defendant. Before CHOY, Circuit Judge, and KING a...
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MEMORANDUM AND ORDER This action arises from the initiation of disciplinary proceedings against plaintiff Niles, an attorney duly licensed to practice law by the Supreme Court of the State of Hawaii. Plaintiff is alleged to have violated Disciplinary Rules of the Supreme Court of the State of Hawaii (hereinafter “DR”) 2-101(A)1 and DR 2-101(B)2 by publishing and disseminating statements announcing...
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MEMORANDUM Plaintiff, a Virginia state inmate, brings this action under 42 U.S.C. § 1983 against various state correctional officials in which he challenges the proceedings through which he was placed in maximum security status. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. § 1342. The matter comes before the Court on defendants’ motion for summary judgment and plaintiff’s response...
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MEMORANDUM Plaintiff seeks damages against each of the defendants alleging negligence on the part of each while performing an operation upon the plaintiff while she was a member of the military services. Plaintiff invokes the jurisdiction of the Court by virtue of diversity of citizenship. 28 U.S.C. § 1332. The material facts are not in controversy, and the matter comes before the Court on th...
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MEMORANDUM AND ORDER Presently before the Court is the motion of the defendants to dismiss the plaintiff’s complaint. The defendant, Ronald Sley, contends that there has been an insufficient service of process as to him and therefore the Court lacks jurisdiction over his person. Mr. Sley also contends that as to him the complaint fails to state a cause of action upon which relief can be granted...
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DECISION AND ORDER This action was commenced by the filing of a complaint on October 30, 1974, charging that defendant KSI Farm Lines Co-op, Inc. (hereinafter “KSI”), acting under the direction of, aided and abetted by, and participated in by the remaining defendants, conducted a for-hire transportation operation in interstate commerce without authority from the Interstate Commerce Commission (her...
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OPINION OF THE COURT Before GEE, Circuit Judge, and JUSTICE and STEGER, District Judges. This case requires us to determine the meaning and constitutionality of a portion of the inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA). 1 On October 23, 1974, Gibson’s Products, Inc. of Plano (Gibson’s), a corporation, maintained a store at 2505 Avenu...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is a paternity action brought by a citizen of Maine against a citizen of Massachusetts. It was instituted pursuant to the Maine Uniform Act on Paternity, 19 Me.Rev.Stat.Ann. § 271 et seq. (1975 Supp.), in the Superior Court of Hancock County, Maine. Defendant removed the action to this Court pursuant to 28 U.S.C. §§ 1441 and 144...
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MEMORANDUM OPINION AND ORDER Plaintiff American Fidelity Fire Insurance Company (hereinafter “AFFIC” or “surety”) has moved this Court pursuant to Fed. R. Civ. P. 56 for an order compelling-defendant Carla A. Hills, Secretary of Housing and Urban Development (hereinafter “HUD”), to pay some $220,268.00 in retainages, allegedly owing on the “Thomas-ville” Project, into court. Defendant HUD,...
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DECISION AND ORDER Darryl Ransom, one of the defendants in the above-captioned case, was charged in a one-count indictment with a violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. After trial to a jury, a verdict of guilty was returned January 21, 1976. Judgment on the verdict was entered January 30, 1976, and the defendant Ransom moved for a new trial pursuant to Rule 33, Federal Rules of ...
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MEMORANDUM OPINION AND ORDER This is an action brought under the Freedom of Information Act, 5 U.S.C. § 552, as amended, to order the production of documents by the National Labor Relations Board. At the hearing of this matter held on November 7, 1975, counsel for both parties stipulated and agreed that the documents sought are all related to an investigation of alleged unfair labor pract...
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MEMORANDUM-DECISION AND ORDER Defendant Jaime Castro-Tirado (“Castro”), an illegal alien, was indicted for violation of 21 U.S.C. § 841(a)(1), in that he did knowingly and intentionally possess with intent to distribute approximately one kilogram of cocaine, a Schedule II narcotic drug controlled substance. He now moves to suppress a quantity of cocaine seized by Immigration and Naturalization ...
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MEMORANDUM OPINION In this case the Petitioner, John H. Hughes, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254, contending that he is being held in the Sebastian County Jail on excessive bail and that he has been denied the right to a speedy trial. On January 28, 1976 a full evidentiary hearing was held and the Court, being appraised of the facts, hereby finds that the petition is without...
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OPINION AND ORDER PRELIMINARY STATEMENT This is a class action brought under Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), and under 42 U.S.C. § 1981. Plaintiffs seek a declaratory judgment that defendants have committed unlawful employment practices within the meaning of §§ 703 and 704 of Title VII (42 U.S.C. §§ 2000e-2 and 2000e-3) against plain...
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OPINION This action for patent infringement and related claims is now before the court on motions by the six defendants for an order substituting one Samuel Dubiner as plaintiff or dismissing the complaint for failure to join Dubiner as an indispensable party. F.R.Civ.P. 17 and 19. There are also motions by defendant Seiberg for dismissal for lack of subject matter jurisdiction of the cla...
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ORDER OF DISMISSAL Petitioner, a prisoner in state custody at the Sierra Conservation Center, Jamestown, California, filed a petition for a writ of habeas corpus challenging inter alia (1) the suspension and revocation of his outpatient status from the California Rehabilitation Center (hereinafter “CRC”) and (2) his subsequent exclusion from CRC. The Court issued an Order to Show Cause on January ...
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OPINION Robert B. Ketchum and Anthony Dal Nogare (“the claimants”) are two of the defendants who have been impleaded in an interpleader action begun by Wilmington Housing Authority (“WHA”) as the holder of monies against which various claims have been asserted. The causes of action upon which the claimants’ claims are based accrued on September 23 and October 7, 1972, and are for unpaid m...
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OPINION This is a Truth-in-Lending case which involves the credit sale of an automobile purchased from the defendant, Ted McWilliams Volkswagen, Inc., and financed through the defendant, Mellon Bank, N.A. The plaintiff’s cause of action is based upon the defendants’ failure to comply with the disclosure provisions of the Act, 15 U.S.C.A., § 1601 et seq. and Regulation Z, 12 C.F.R., § 226.1 et s...
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OPINION AND ORDER In 1972 Valley Forge Corporation (VFC) and Certain-Teed Products Corporation (Certain-Teed) formed Brandy-wine Associates, a Pennsylvania limited partnership which has its only office in Philadelphia. As part of this formation, Brandywine purchased from VFC four apartment projects, a motel and an interest in an office building complex. As a condition of the sale of the apartme...
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*239 TRANSFER ORDER While en route from Athens, Greece, to Rome, Italy, Trans World Airlines, Inc. Flight No. 841, a Boeing 707 aircraft, crashed on the high seas. Included among the passengers who died as a result of the crash were 36 Americans and 43 foreign nationals. There are 14 actions arising from this disaster presently pending in four federal districts: nine in the Southern Distric...
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ORDER It appearing that all parties to the actions listed on the attached Schedule A agree on the desirability of transferring the actions pending in the Eastern District of Louisiana and in the Northern District of Georgia to the Northern District of Oklahoma for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407 with the actions pending in that district before the Hono...
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OPINION AND ORDER Before ALFRED ,P. MURRAH * , Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel. This litigation centers around the June 19, 1975 merger of Royal American Industries, Inc. (Royal) and Royam Industries Corporation (Royam), with Royal remaining as the survivin...
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*245 OPINION AND ORDER Before ALFRED P. MURRAH * , Chairman, and JOHN MINOR WISDOM ** , EDWARD WEINFELD *, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel. On June 24, 1975, and" Eastern Air Lines 727 jet aircraft, en route from New Orleans, Louisiana, to New York, New York, crashed on its approach to John F. Kennedy International Airp...
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REMAND ORDER On April 30, 1975, the Panel filed an order pursuant to 28 U.S.C. § 1407 transferring the above-captioned action along with three other actions to the Eastern District of New York for coordinated or consolidated pretrial proceedings with six actions pending in that district and, with the consent of that court, assigned the litigation to the Honorable Orrin G. Judd. In re Franklin Nat...
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407 F.Supp. 249 (1976) In re PETROLEUM PRODUCTS ANTITRUST LITIGATION.The State of California, etc. v. Standard Oil Company of California, et al., N.D. Cal., Civil Action No. C-75-1322-SC. No. 150. Judicial Panel on Multidistrict Litigation. January 21, 1976. *250 Before ALFRED P. MURRAH[*], Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON[*], WILLIAM H. BECKER, JOSEPH S. LORD, II...
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OPINION AND ORDER Before ALFRED P. MURRAH * , Chairman, and JOHN MINOR WISDOM, EDWARD WEÍNFELD, EDWIN A. ROBSON*, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel. On May 5, 1975, the Panel granted the motion of defendant IBM and transferred the Sanders action from the District of New Hampshire to the Northern District of California for inclusion in the c...
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*258 MEMORANDUM OPINION This action by Lee Metcalf, a United States Senator, and Robert Brown, a private citizen, seeks declaratory and injunctive relief alleging that the National Petroleum Council (Council), Department of the Interior (Interior), Federal Energy Administration (FEA), Office of Management and Budget (OMB), and certain individuals 1 are in violation of various provisions of ...
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OPINION Henry McComb Winchester (“Winchester”), a former director of the Wilmington Federal Housing Administration (“FHA”) office, was charged in a 131-Count indictment on July 9, 1975. 1 Winchester has filed the following motions 2 which, after briefly describing the indictment, are treated seriatim; A. A motion to sever certain Counts of the indictment B....
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This securities fraud action is presently before us on plaintiff’s Rule 23 motion for class determination and defendants’ cross-motion for summary judgment. For the reasons set forth below, plaintiff’s Rule 23 motion is granted, but all of defendants’ motions are denied, except for their motion to dismiss Count I of the complaint, which is granted. On August 7, 1972, plaintiff — a conceded...
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MEMORANDUM This action involves an alleged violation of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. The case was tried on stipulated facts and the Court entered judgment for plaintiff after hearing the arguments of counsel. Since the trial, the Court has considered the record in detail and has heard additional arguments from counsel. This memorandum supplements the memorandum delivered...
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MEMORANDUM The parties herein entered into the following stipulation of facts pertinent to the above styled action: Plaintiff Raymond M. Scott is a citizen of the United States and a resident of the City of Virginia Beach, Virginia. Defendant W. H. Brillhart occupied the position of Director of the Bureau of Safety and Responsibility of the Division of Motor Vehicles (DMV) of the Commonwealth...
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The parties stipulated that all of the cases be consolidated and tried together; consequently, these suits for refund of income taxes came on for trial before the court without a jury. FINDINGS OF FACT 1. The transaction giving rise to this case commenced about January 2, 1962. Frederick C. Peters, his three sons, and Berenice T. Peters were the owners of a tract of about 5,700 acres of vacant lan...
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407 F.Supp. 308 (1976) In re Robert DUNNE, Bankrupt. LIBERTY LOAN CORPORATION, Plaintiff, v. John BOYAJIAN, Trustee, Defendant. No. 75-1. United States District Court, D. Rhode Island. January 9, 1976. *309 James Cardono, Pawtucket, R. I., for plaintiff. John Boyajian, Cranston, R. I., for defendant. OPINION DAY, District Judge. This matter is before the Court on the appeal of Liberty Loan Corpo...
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OPINION This matter is before the Court on the appeal of Liberty Loan Corporation from a decision of the Bankruptcy Court awarding defendant-trustee $1,000 for damages and $1,700 as an attorney’s fee on his counterclaim for violations of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. The controversy focuses on a consumer loan agreement made between the said Robert Dunne and Liberty L...
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*313 OPINION This is a civil action wherein the plaintiff, the owner and operator of a retail food store in Pawtucket, Rhode Island, seeks judicial review of an adjudication by the United States Department of Agriculture suspending his store’s participation in said Department’s Food Stamp Program for a period of six months. Specifically, the plaintiff’s retail enterprise was temp...
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MEMORANDUM AND ORDER Before us are motions for summary judgment filed pursuant to Fed.R.Civ.P. 56, by several of the defendants in a case in which plaintiff, Albert Epprecht, accuses various defendants and the corporations with which they are associated of misrepresentations and nondisclosures in connection with the sale of securities in violation of Section 10(b) of the Securities Exchan...
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MEMORANDUM A motion and supporting memorandum for disqualification of the presiding judge in the above action was filed by defendant, third party plaintiff, Sun Shipbuilding and Dry Dock Company on 9 September 1975. Plaintiff Virginia Electric and Power Company (VEPCO) and third party defendant Stone and Webster Engineering Corporation filed their memoranda in response on 19 September 197...
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MEMORANDUM AND ORDER Plaintiffs, former owners and operators of the Red Wing Fiberglass Corporation, contend that they are entitled to a refund of a penalty assessed by the Internal Revenue Service. The court has jurisdiction. 28 U.S.C.A. § 1346(a) (1). Defendant has moved for summary judgment. In 1962, the corporation went bankrupt owing federal employment taxes for the second, third and fou...
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MEMORANDUM Plaintiff, an American of Armenian extraction, brings this class action seeking equitable relief and monetary damages for alleged discrimination in employment on the basis of his national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Specifically, the plaintiff alleges that while employed by defendant Carr Division of TRW, Inc. (Carr D...
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MEMORANDUM DECISION In June, 1971, plaintiff, Daniel Hale Williams Memorial Health Foundation, an Illinois not-for-profit corporation, entered into a written contract with defendant, City of Chicago, and its Board of Health, to conduct a comprehensive neighborhood health center project in a specified target area on the south side of the City inhabited predominantly by black persons. Funds for the...
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MEMORANDUM OPINION On September 22, 1975, this Court granted the motions for summary judgment of plaintiff (No. 1) Electrical Equipment Company and plaintiff (No. 6) ITT-Grinnell Corporation against defendants (Nos. 7 and 8) Columbia Plaza Corporation and John McShain, Inc., and entered judgment thereon. On January 14, 1976, the Court granted similar motions for summary judgment against said defe...
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This matter is before the court for decision on a stipulation of facts and written briefs and arguments of the parties submitted in December, 1975. In this action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1343, 2201 and 2202, plaintiffs, individually and in behalf of all others similarly situated, seek to have this court declare invalid and enjoin ...
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MEMORANDUM AND ORDER This medical malpractice action was tried before a jury and a verdict was returned in favor of defendant. The factual background of the case was as follows: On November 5,' 1971, plaintiff Hanna Ayoub fell while at work. During the course of the succeeding nine months, plaintiff was treated by several physicians for back pain apparently resulting from his fall. Defendant is...
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MEMORANDUM DECISION Plaintiffs in this diversity action were the owners of 67,835 shares of the $10 par value capital stock of the Suburban Trust & Savings Bank of Oak Park, Illinois (“Suburban”). They pledged their shares as collateral to secure the repayment of certain loans advanced by defendant, American National Bank & Trust Company of Chicago. On December 2, 1974, defendant sold the...
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ORDER Dec. 18,1975 THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: Kinnison filed a petition for a writ of habeas corpus on October 29, 1975 challenging the action of the United States Board of Parole in denying him parole. He claims and the Government admits *368that he was given a hearing before a panel of Parole Board Hearing Examiners in June, 1975 which recommended his parole effective October 8,...
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OPINION AND ORDER This is an action for resolution of a dispute over the ownership of a tract of land [hereinafter referred to as the Stokes tract], devised under the will of Carroll M. Williamson, Sr., executed September 10, 1951. Mr. Williamson, Sr., a resident of Chesapeake, Virginia, died on December 14, 1967, survived by his daughter, Evelyn Byrd Williamson [Evelyn] and his son, Carr...
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MEMORANDUM OPINION The complaint in this cause prays for declaratory and injunctive relief in regard to the ordinance of the City of Anniston, Alabama, Number 75-0-50, dated October 28, 1975, and effective November 3, 1975. The court has conducted a preliminary injunction hearing, and after due notice to the parties, ordered that *377 the trial of the action on the merits be advanced and cons...
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OPINION AND ORDER This matter is now before the Court on plaintiff’s Motion For Summary Judgment and Defendant’s Motion To Dismiss Or, In The Alternative, For Summary Judgment. The action is brought as an appeal from a final administrative decision of the Board of Appeals and Review of the Civil Service Commission denying plaintiff Fitzgerald an award of costs and attorneys’ fees for the protra...
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OPINION AND ORDER Third-party defendant in this matter, J. A. McCarthy, Inc. (McCarthy), has filed a motion to dismiss the action as to it under Fed.R.Civ.P. 12(b)(6). Disposition of this matter, apparently raising an issue of first impression with respect to the construction of the word “vessel”, requires an interpretation of certain of the amendments enacted by Congress in 1972 to the L...
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407 F.Supp. 394 (1975) Jane SNOWDEN, Individually and on behalf of all others the same or similarly situated, Plaintiff, v. BIRMINGHAM-JEFFERSON COUNTY TRANSIT AUTHORITY, a Public Corporation, and William T. Coleman, Jr., in his official capacity as Secretary of Transportation, Defendants. Civ. A. No. 75-G-330-S. United States District Court, N. D. Alabama, S. D. June 24, 1975. *395 Cleveland Tho...
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MEMORANDUM OPINION This action came on further to be heard on April 11, 1975, upon the motions for summary judgment filed by defendants Birmingham-Jefferson County Transit Authority (BJCTA) and William T. Coleman, Jr., Secretary of Transportation of the United States of America (USDOT), the affidavits and other documentary evidence filed by the parties, the testimony taken herein on April 1, 1975,...
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MEMORANDUM OPINION AND ORDERS I. This case pends on the second application made by a Special Attorney of the Organized Crime and Racketeering Section, Kansas City Field Office, Department of Justice, for an order authorizing the use of a pen register device on five particular telephones used by three named individuals, and others yet unknown, located in Kansas City, Missouri. The sec...
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MEMORANDUM AND ORDER For the second time, defendant Stroble has removed this criminal action from state court. Previously, this criminal action was remanded because the relief allegedly denied defendant was the subject of a pending motion before the state court.1 On December 31, 1975, Justice Carman F. Ball of the New York Supreme Court, County of Erie denied defendant Stroble’s motion, and on Jan...
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OPINION This case involves alleged violations of federal and state securities statutes arising out of the sale of limited partnership interests in a real estate venture. Presently before the Court is defendants’ motion to dismiss the first, second and fifth causes of action of plaintiffs’ amended complaint for failure to state a claim upon which relief can be granted, as well as defendant...
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MEMORANDUM AND ORDER In these securities cases plaintiffs (including United States Steel and Carnegie Pension Fund, Inc. — here referred to as the Fund) seek recovery under the 1933 and 1934 Acts for damages claimed to have been sustained as a result of their purchase of securities of the Topper Corporation (“Topper”), a company which subsequently went bankrupt. The defendants include var...
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OPINION AND ORDER I. The Cast and Script This is a suit seeking damages for a claimed breach of a contract to pay commissions for locating a purchaser of crude oil. High hopes of oil brokers have been dashed in the wash of an oil embargo, government regulations of oil and a precipitate increase in the price of crude oil. 'he players in this game of price roue include the pl...
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MEMORANDUM OPINION AND ORDER Pending are cross motions for summary judgment. The primary issue is whether the record establishes a tying arrangement violative of antitrust law. Aamco Automatic Transmissions, Inc. (Aamco) instituted action against Harry M. Tayloe and other defendants 1 complaining that Tayloe had conspired to breach and breached his franchise contract. In response, Tayloe file...
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OPINION This matter is before the court on the motion of defendant Lindberg Hall to suppress evidence seized at the time of his arrest. The defendant, a convicted felon, is charged in a one-count indictment with unlawful possession of a firearm in violation of 18 U.S.C.App. § 1202(a)(1). An evidentiary hearing *440was held on this matter at which time certain relevant facts were established. While...
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407 F.Supp. 444 (1975) Elizabeth A. HEISNER, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant. No. 75-200C(A). United States District Court, E. D. Missouri, E. D. December 15, 1975. *445 Stanley A. Loring, St. Louis, Mo., for plaintiff. Melvin R. Horne, Asst. U. S. Atty., St. Louis, Mo., for defendant. MEMORANDUM AND ORDER HARPER, Senior District Judge. This is a petition for ...
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407 F.Supp. 448 (1976) Gerald CLOCK, Plaintiff, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Defendant, v. Stanley L. CRAWFORD, d/b/a, etc., Third-Party Defendant. No. 75-218C(4). United States District Court, E. D. Missouri, E. D. February 3, 1976. Strauss, Friedman & Sanders, St. Louis, Mo., for plaintiff. Robert C. Ely, St. Louis, Mo., for defendant. OPINION NANGLE, District Judge. Plaintif...
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MEMORANDUM AND ORDER In May, 1974, and thereafter, the Chief Justice of the United States Supreme Court, Warren E. Burger, and the Chief Judge of the Fifth Circuit, John R. Brown, began designating the undersigned to sit in seven similar cases and three related cases filed in the United States District Courts in the States of Texas, Pennsylvania, Indiana, Minnesota, Alabama and Wisconsin....
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MEMORANDUM Defendant moves to dismiss the complaint pursuant to Rules 12(b)(1), (3), (6), (7) Fed.R.Civ.P. on the grounds that (1) the Court lacks diversity jurisdiction on which the claims rest because the plaintiff, although he is a United States Citizen, is not a resident of any state, (2) this is an inappropriate and inconvenient forum under the doctrine of forum non conveniens,...
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JUDGMENT This cause is now submitted upon the Defendant’s motion for leave to amend its defensive pleadings filed herein July 5, 1974. The amendment and the defense therein were treated by the Court as a motion for summary judgment by its order of July 17, 1974. The defense offered in the motion is that Charles Albert Gore executed a release in favor of Tri-County Raceway, Inc., which bars any ...
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ORDER This cause is now presented upon the motion to dismiss filed herein November 18, 1975, as amended January 7, 1976, upon which oral argument was heard in this Court on January 16, 1976. The action is brought upon two theories of liability. Plaintiff alleges that the flying of the flag of the former Confederate States of America immediately below that of the State of Alabama on a haly...
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OPINION I By this action, the Title Guarantee Company (“Title Guarantee”) seeks to compel the National Labor Relations Board (the “Board” or “N.L.R.B.”) to produce for inspection and copying, pursuant to the Freedom of Information Act, as amended (the “Act”), 5 U.S.C. § 552, certain materials relating to an unfair labor practice charge against Title Guarantee. Plaintiff also seeks pr...
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This matter comes before the Court upon the motion of plaintiffs in these consolidated cases for summary judgment, declaring unconstitutional and enjoining the enforcement of Neb.Rev.Stat. §§ 83-320, 83-322, 83-322.01, 83-325, 83-325.02-325.04, 83-326, 83-328 and 83-328.03 (1971) and 83-323, 328.02 and 337 (Supp.1974), which establish procedures for the adjudication and involuntary civil commitme...
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MEMORANDUM AND ORDER Plaintiffs bring these identical damage suits, pro se, against the District Attorney of Schuylkill County, a police officer and James Visalli for violations of their civil rights under 42 U.S.C. §§ 1983, 1985.1 Plaintiffs allege that de*519fendants conspired to secure plaintiffs’ arrests and subsequent prosecutions by the knowing use of Visalli’s perjured testimony. Presently ...
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MEMORANDUM OPINION This antitrust action brought by plaintiff CASS Student Advertising, Incorporated (“CASS”) against National Educational Advertising Services, Inc. (“NEAS”) alleges violations of the Sherman Act. 15 U.S.C. § 1 et seq. Count I alleges that “NEAS unlawfully possesses monopoly power in the relevant market and has unlawfully and wilfully acquired and maintained that power with...
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MEMORANDUM OF DECISION AND ORDER This is a petition for a writ of habeas corpus brought by a prisoner in state custody pursuant to the provisions of 28 U.S.C. Section 2254. Jurisdiction in this Court is based on 28 U.S.C. Section 2241. Petitioner is presently incarcerated in the custody of respondent Warden of the Illinois State Penitentiary, Stateville Correctional Center. The case is presentl...
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MEMORANDUM OPINION Plaintiff Linda Farber, also known as Lisa Terrell, was arrested on the evening of March 10, 1975, while having a drink in the Ambassador West Hotel. 1 The arrest was made pursuant to § 192-6 of the Municipal Code of the City of Chicago, which provides that: “It shall be unlawful for any habitual drunkard, any person known to be a narcotic addict, any person known to be a...
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MEMORANDUM AND ORDER Plaintiffs Francis Conway and Marilyn Conway have petitioned this Court to amend their complaint. We deny the petition for the reasons set forth below. This is a medical malpractice action. It is alleged that the defendant negligently treated the minor, Brian Conway, and as a result of this negligence it became necessary to amputate Brian's right foot. Brian’s parents ins...
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MEMORANDUM DECISION The plaintiff, A. O. Smith-Inland, Inc., filed the present action against the defendant, Hoeganaes Corporation, alleg*540ing numerous and continuing acts of patent infringement involving metal powders. Jurisdiction is predicated on 28 U.S.C. § 1338(a) (1970). The defendant has moved to dismiss the complaint for improper venue. Fed.R.Civ.P. 12(b)(3). Venue in an action for paten...
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MEMORANDUM DECISION On May 1, 1975, the plaintiff, David James Hundley and William L. Bauer, Jr., filed a pro se civil rights action against the defendants, Allyn Sielaff, Director of the Illinois Department of Corrections, and David Brierton, the Warden at Stateville Penitentiary. 42 U.S.C. § 1983; 28 U.S.C. § 1343(3) (1970). The defendants have moved to dismiss the complaint,...
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MEMORANDUM DECISION The plaintiff, Ted Bacino, is a musical director. He filed the present action to recover damages resulting from conduct which is alleged to be an unfair labor practice. Morry Hill and the American Federation of Musicians (A.F.M. or International) have moved to dismiss the complaint against them for various jurisdictional reasons. In his one count complaint, the pl...
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MEMORANDUM OF OPINION AND ORDER Plaintiff, a prisoner in state custody at San Quentin State Prison, Tamal, California, filed this civil rights complaint and petition for habeas corpus on August 5, 1974, under 42 U.S.C. §§ 1981 and 1983, and 28 U.S.C. §§ 2201, 2202, 2241 and 2254, on his own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all other pers...
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*562MEMORANDUM OF OPINION AND ORDER Petitioner, a prisoner in state custody at San Quentin State Prison, Tamal, California, filed this civil rights complaint and petition for habeas corpus on August 5, 1974, under 42 U.S.C. §§ 1981 and 1983, and 28 U.S.C. §§ 2201, 2202, 2241 and 2254, on his own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all other persons...
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MEMORANDUM Defendant was convicted by jury verdict of three separate sales of Controlled Substances in violation of 21 U.S.C. § 841(a). Sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010(b), he has moved this Court for bail pending appeal. I. The controlling statute is 18 U.S.C. § 3148, which provides for release unless (1) the Court or judge has reason to believe...
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OPINION Pursuant to Rule 5(d) of the General Rules of this court, 1 William Robert *572 Klein was disbarred from the Bar of the United States District Court for the Southern District of New York upon the presentation of a copy of a state disbarment order issued by the New York Supreme Court, Appellate Division, Second Judicial Department. Mr. Klein thereafter moved this court for an order v...
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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER This cause having come before the Honorable Court upon a complaint for injunctive and monetary relief by the United States of America, and after consideration of the pleadings in this matter; the pre-trial stipulation filed by the parties at the pre-trial conference on September 24, 1975; and the proceedings at the trial in this matter on Dece...
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ORDER This is a diversity action in which plaintiff seller seeks to recover lost profits and out-of-pocket expenses from defendant buyer for buyer’s alleged breach of contract. The case is currently before the court on plaintiff’s motion for a ruling on the admissibility of certain evidence. In September 1972 the parties entered into a contract for the sale of concrete for use in the...
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MEMORANDUM OPINION This is an employment discrimination action brought by Mrs. Earlean McCormick, a displaced black schoolteacher, against the members of the Attala County, Mississippi, Board of Education, J. C. Foster, County Superintendent of Education, and Aaron Tolleson, Principal of McAdams Attendance Center. In this § 1983 action plaintiff claims violation of her First and Fourteenth Amen...
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OPINION The plaintiff National Electrical Manufacturers Association (NEMA) and four of its members bring this action to set aside a decision and order of the Interstate Commerce Commission (Commission) upholding railroad rates for transportation of heavy electrical equipment. See 349 I.C.C. 502, Docket No. 35,380. This action was brought against the United States as defendant pursuant to 28 U.S.C...
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MEMORANDUM OF DECISION The petitioner Lawrence Lee Guinea was charged by an information filed in the County Court in and for Hillsborough County, Florida, with possession of less than five grams of marijuana, an offense against the laws of the State of Florida (Section 893.13(l)(f), Florida Statutes 1974.) The petitioner was arraigned and plead not guilty. At that time he was represented by the Pu...
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OPINION These are two appeals from decisions of the bankruptcy judge dismissing specifications of objection aginst Salvador Vecchione (“Vecchione, Sr.”) and Salvador Vecchione, Jr. (“Vecchione, Jr.”) and granting each of them a discharge in bankruptcy. By agreement of the parties, the specifications of objection against both bankrupts were tried in one non-continuous seven-day hearing bef...
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*622 ORDER This matter is before the court on the resisted motions to dismiss filed by defendant Allan Shook on May 20, 1975, and by defendant H & M Construction, Inc. on June 3, 1975. In this diversity action, plaintiff seeks to recover damages from defendant H & M Construction, Inc. (hereafter H & M) for breach of a house construction contract. Plaintiff also prays recover...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Savoy Industries, Inc. (Savoy) is a private corporation organized under the laws of the State of Delaware, with its general offices at 2A — 15 43rd Avenue, Long Island City, New York, primarily engaged in the business of making and installing plastic processing equipment, manufacturing of cosmetics and toiletr...
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MEMORANDUM This matter is now before the Court to be decided on opposing motions for summary judgment and accompanying briefs, pleadings, stipulations of facts and exhibits herein. Plaintiff, Sherwood Trucking, Inc. (Sherwood) is an Indiana corporation, with its principal place of business in the State of Indiana. The use plaintiff, Reserve Insurance Company (Reserve), is an Illinois corporation ...
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MEMORANDUM OF OPINION This case came before the Court on defendant Crocker National Bank’s motions to dismiss, to strike, to make more definite, and to sever portions of plaintiffs’ complaint. Plaintiffs, five individuals * suing on behalf of themselves and various classes of defendant’s past, present and future employees, allege that defendant “has a policy of discriminating a...
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MEMORANDUM OPINION AND ORDER This action represents another chapter in the continuing case of legislative reapportionment in the State of North Dakota. By order and opinion dated June 30, 1972, a majority of this Court adopted the Dobson Plan as an interim reapportionment plan for the North Dakota Legislature, effective for the 1972 elections only. 372 F.Supp. 363. By order and opinion dated Janua...
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MEMORANDUM DECISION This action to recover a total of $259,-184.00 in taxes and deficiency interest, plus statutory interest, was tried to the court upon stipulated facts. Plaintiffs, Marvin H. Teget and his wife, are joint taxpayers residing in Yankton, South Dakota, where Marvin has been employed since 1960 by Nicolson, Inc.1 (hereinafter Nicolson or the corporation) as executive vice president...
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MEMORANDUM OPINION On this 31st day of October, 1974, came on to be considered Petitioner’s Writ of Habeas Corpus. The petitioner, Dolphus Jack Brown, was indicted on May 3, 1967, by a Lubbock County, Texas, Grand Jury. The one count indictment alleged the murder with malice of petitioner’s parents, D. J. and Birdie McCauley Brown, in Shallowater, Texas, on April 18, 1967. A change of venue w...
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OPINION The defendant, indicted for receipt and possession of three sawed-off shotguns which were not registered to him and for possession of a Sturm Ruger revolver, moves pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress the weapons as evidence upon the ground they were seized without a search warrant. A hearing was conducted which developed the circumstances under whi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried on December 15, 1975, upon allegations of the plaintiff that the defendants had engaged in policies and practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Specifically, the plaintiff claimed that she had been denied employment opportunities as a result of the practices of the defendants w...
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These habeas corpus matters come before the Court for decision pursuant to 28 U.S.C. § 2254. The parties have submitted the cases upon the state court record. Ronald Roach and Gizelle Graves are presently incarcerated in the Nebraska Penal and Correctional Complex and the Nebraska Center for Women, at York, Nebraska, respectively. Petitioners were jointly tried and found guilty by the Doug...
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MEMORANDUM OPINION This is a civil rights action brought by plaintiff alleging that National Liberty International Corporation (“NLIC”) terminated her employment for religiously discriminatory reasons, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 1 Presently before the Court is plaintiff’s motion for leave to file...
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OPINION AND ORDER I. Preliminary Statement We begin with a Philadelphia Eagles-New York Giants football game on Sunday, November 2, 1969, in which the plaintiff, then an Eagles lineman, seriously injured his left shoulder while executing a downfield block. This injury led rapidly to the end of his professional athletic career. At the time of the injury plaintiff was receiving...
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407 F.Supp. 729 (1975) Bruce B. ADAMS, Plaintiff, v. David MATTHEWS, Secretary of Health, Education and Welfare, Defendant. No. 75-484C(A). United States District Court, E. D. Missouri, E. D. December 29, 1975. V. Kenneth Rohrer, Farmington, Mo., for plaintiff. Jean C. Hamilton, Asst. U. S. Atty., St. Louis, Mo., for defendant. MEMORANDUM AND ORDER HARPER, Senior District Judge. Bruce B. Adams h...
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407 F.Supp. 733 (1976) William J. VORBECK et al., Plaintiffs, v. Theodore D. McNEAL et al., Defendants. Gustave W. (Pete) SAHM, President, et al., Plaintiffs, v. Gus O. NATIONS, Chairman, et al., Defendants. Nos. 75-77C(3), 75-78C(3). United States District Court, E. D. Missouri, E. D. February 19, 1976. *734 *735 Lawrence J. Fleming, London & Greenberg, St. Louis, Mo., John H. Goffstein, Bar...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause was severed from the main action, Fed.R.Civ.P. 42(b), and was tried before the court without a jury. The Dade County Classroom Teachers Association herein seeks to enjoin its disaffiliation from the National Education Association on both constitutional and statutory grounds. The court, having considered the record and being fully advised in the...
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MEMORANDUM Defendant has moved to dismiss this patent infringement action for lack of an *743 indispensable party pursuant to Fed.Rule Civ.Pro. 19(b). In its motion, defendant alleges that plaintiffs are not the legal titleholders of the patent in question, having sold it to Beta Corporation. Defendant argues that under 35 U.S.C. § 281, 1 only the legal titleholder...
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MEMORANDUM This matter is before the Court upon the motion of defendant Sherwood Medical Industries, Inc. (hereafter Sherwood) for summary judgment. Plaintiff brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. It is the contention of defendant Sherwood that the plaintiff has failed to comply with the jurisdictional requirements of the statute requir...
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MEMORANDUM AND ORDER Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus. He seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). In an affidavit, petitioner states that he has $170.40 in his prison account. Our only concern at this nascent stage of the proceedings is to determine whether petitioner is financially unable to pay the $5.0...
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OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Plaintiff has moved for summary judgment under rule 8.2 of this court. Defendant, agreeing that no genuine issue of fact exists, has cross-moved for summary judgment in its favor. From the pleadings and from the testimony submitted by affidavits, it appears that on July 16, 1974, plaintiff, a United States citizen, an Indian by race and a...
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RULING ON MOTION Plaintiff, a construction worker employed by Third Party Defendant, seeks recovery for injuries allegedly caused by Defendants’ negligence and their violation of an Illinois statute. Defendants allege that if a judgment is entered in favor of Plaintiff, Defendants are entitled to indemnification by Third Party Defendant. Third Party Defendant now moves to strike amended Count II o...
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AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled action came on regularly for trial before the Court, sitting, *764 without jury, on the 10th and 11th of April, 1975, and on the 20th and 23rd of October, 1975, the Honorable A. Andrew Hauk, Judge Presiding; Philip Michael Brown and Alton I. Leib appearing as counsel for Plaintiffs; Knapp, Stevens, Grossman & ...
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MEMORANDUM OPINION The trial of defendant Juan Herrera for the sale of a substance containing heroin in violation of 21 U.S.C.A. § 841(a)(1), presented an opportunity for analysis of the factual prerequisites for the admissibility against Herrera of the declarations of his co-defendant, Jose Rodriguez, who was asserted by the Government, although not alleged in the indictment, to be Herrera’s c...
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RULING AND ORDER This is a case arising under the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., and Regulation Z, 12 C.F.R., Part 226, promulgated by the Federal Reserve Board under that Act. Plaintiff was a loan customer of defendant, the Bastrop Loan Company. On March 21, 1975, defendant filed suit in the Fourth Judicial District Court of Louisiana, Morehouse Parish, a...
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ORDER This is a petition for a writ of habeas corpus. Petitioners, inmates at the Federal Correctional Institution, Oxford, Wisconsin, claim that they are in custody in violation of the Constitution of the United States as a result of unreasonable delay in holding parole revocation hearings. Jurisdiction is present. 28 U.S.C. § 2241. Petitioners seek to represent all inmates who have been or wi...
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MEMORANDUM AND ORDER This is a declaratory judgment action instituted by the plaintiff insurance company for a determination that the defendants cannot “stack” uninsured motorist claims. It comes before the Court on cross-motions of plaintiff State Farm Mutual Automobile Insurance Company (“State Farm”) and defendants Ronald and Herbert Shour for summary judgment and on motion of defendan...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND ORDER OF SUMMARY JUDGMENT. This Cause came before the Court upon the Motion of the Defendant for Summary Judgment based upon the facts that have either been stipulated by the parties or uncontroverted during a hearing on this matter. The Plaintiff was born in Cuba in 1927 and became a citizen of the United States at birth by virtue of hi...
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Plaintiffs bring this action to challenge the recoupment provisions of both the federal [45 C.F.R. § 233.-20(a)(12)(i)(A)(2)] and New York State [18 N.Y.C.R.R. § 35¿31(d)(2)] statutes under the Aid to Families with Dependent Children Program [AFDC], 42 U.S.C. § 601 et seq. These regulations allow AFDC overpayments, caused by the willful withholding of information by a recipient, to b...
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This is an appeal from an order of the Bankruptcy Court denying Appellant’s application to reclaim a security interest in a portion of the Bankrupt’s personal property. Jurisdiction is founded upon 11 U.S.C. § 67(c). The appeal is taken pursuant to Bankruptcy Rules 801 — 814. Appellant is Trustee in Bankruptcy. Joseph Arthur Fowler is the Bankrupt. Appellee, the First National Bank & Trust...
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MEMORANDUM OPINION This patent infringement action was brought by Siemens Aktiengesellschaft (“Siemens”) against Beltone Electronics Corporation (“Beltone”), an Illinois corporation and manufacturer of hearing *808 aids, and against two other defendants. The action against the other defendants was transferred to the U. S. District Court for the Southern District of New York. ...
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*814 MEMORANDUM AND ORDER INTRODUCTION This matter comes before the Court on the motion of Boyertown Burial Casket Company for a preliminary injunction to restrain a tender offer to Boyertown shareholders made by the defendant, Amedeo, Inc., on December 22, 1975. Boyertown alleges that defendant’s tender offer, by reason of material misstatements and omissions, violates the ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT Plaintiff Richard O. Jacobson commenced this lawsuit on August 17,-1973, seeking monetary recovery from the Federal Deposit Insurance Corporation (FDIC) in its capacity as insuror of the deposits of the State Bank of Prairie City, Iowa (the Bank). Plaintiff asserts that he had a $15,000 deposit in the Bank at the time it was clos...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT This action was brought by the Interstate Commerce Commission to enjoin an alleged wrongful abandonment of a 30-mile branch line of railroad in central Iowa owned by the Chicago and North Western Transportation Company (North Western). Plaintiff instituted this action pursuant to 49 U.S.C. § 1(20) on May 29, 1975, seeking preliminary and...
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MEMORANDUM ORDER This is an action to review a decision of the Secretary of the Department of Health, Education and Welfare that the plaintiff, Ben Day, was born on February 18, 1910, rather than on November 18, 1909, as he contends. 42 U.S.C. § 405(g) (Supp.1974). The Secretary has moved for summary judgment, and that motion is ready for decision. On October 2, 1972, the plaintiff filed an appli...
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OPINION AND ORDER An Arkansas citizen, Hayes, flew his airplane from Little Rock to the Memphis International Airport on August 27, 1974, whereupon shortly after landing he was placed under arrest by members of the Metro Narcotics Unit for illegal possession of a quantity of heroin with intent to sell. On September 16, following, he pleaded guilty to a reduced charge of possession of a controlled...
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MEMORANDUM AND ORDER We have before us a question concerning the scope of the relief to be granted to the plaintiffs in this action. For. the reasons set forth below, we find that any relief to be granted should extend only to those female employees who were denied the use of sick leave for pregnancy after March 24, 1972. Plaintiffs brought this action to challenge the City of Philadelphia’s ...
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MEMORANDUM Plaintiff, James C. Nix, Jr., a Virginia prisoner, and plaintiff, Better Richmond Realty & Investment Company (Better Richmond), primarily owned by Mr. Nix, bring this civil rights action pursuant to 42 U.S.C. §§ 1983, 1985 seeking monetary and injunctive relief to redress an alleged “taking” of their property by defendants, Consolidated Bank & Trust Company (Bank), Bedford C. ...
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OPINION Before McENTEE, Circuit Judge, PETTINE, Chief Judge, and BOWNES, District Judge. Findings of Fact During the early morning hours of May 17, 1972, a group of approximately 19 student protestors, including the plaintiffs, Charles Corr and Donily Ranns, and another two to three non-students, were removed from the ROTC offices on the campus of the University of Rhode Isl...
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*856 ORDER GRANTING MOTION TO DISMISS This cause came on for consideration upon the defendant’s motion to dismiss. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted. The complaint asks the court to order the defendant employer to comply with a collective bargaining agreement and submit a dis...
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This is an appeal from the decision and judgment (of conviction) and sentence of the United States Magistrate for this District in the above case. This appeal is pursuant to Rule 8, Federal Rules of Procedure for the Trial of Minor Offenses before United States Magistrates. The Defendant was charged with a violation of Title 18, United States Code, § 1882, a minor offense, which prohibits one f...
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ORDER The above captioned cause of action is before this Court on an appeal from the determination of Bankruptcy Court on December 10, 1975 which allowed appellee Blazon Flexible Flyer, Inc. (hereinafter Blazon) to continue operation of its business by using its accounts receivable and inventory which had previously been assigned to appellant Citicorp Business Credit, Inc. (hereinafter Ci...
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MEMORANDUM AND ORDER This is another in a growing number of cases filed under apparent authority of Title 42, United States Code, Section 2000e, et seq., without any compliance or attempt to comply by either plaintiff or E.E.O.C. with the clear mandatory provisions of the law (42 U.S.C., Sec. 2000e-5). *867 FACTS On December 31, 1974, plaintiff filed a complaint for tem...
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ORDER GRANTING SUMMARY JUDGMENT This cause came on for consideration upon the defendants’ motion for summary judgment. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted. Plaintiffs are unit owners in a condominium developed by the defendants. At the time each purchased his or her condominium, each was require...
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MEMORANDUM AND ORDER This action arises under Title 5, Chapters 83 & 87, of the United States Code. Plaintiffs brought this action against the United States of America, the United States Civil Service Commission, Metropolitan Life Insurance Company [“Metropolitan Life”], and Irene K. Stillman, an individual, to obtain certain life insurance benefits, retirement benefits, and back wages of...
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ORDER This is a prosecution for fraud in the sale of securities, mail fraud, conspiracy, and obstruction of justice. See 15 U.S.C. § 77q(a); 18 U.S.C. §§ 371, 1341 and 1505. In a prior order, this court denied in part defendants’ motion to dismiss the indictment based on objections to the array of the Grand Jury, but deferred a final ruling pending submission of evidence by the...
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*897 ORDER This criminal action is presently before the court on defendants’ motion for reduction of sentence, see Rule 35, Fed.R. Crim.P.; and on defendants’ motion for a stay of execution of sentence pending appeal. See 18 U.S.C. § 3148; Rule 38, Fed.R.Crim.P.; Rule 9, Fed.R. App.P. This court sentenced defendants to short periods of confinement, to be followed by a period of probation,...
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OPINION This is an action brought by the American Federation of Television and Radio Artists, AFL-CIO (“AFTRA”) against the National Association of Broadcasters (“NAB”). AFTRA brings this action on behalf of fifteen AFTRA members who have appeared as program hosts on television programs directed at children. The complaint alleges that the NAB has combined with its members to restrain trade in viol...
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MEMORANDUM AND ORDER This action arises out of the termination of plaintiff’s employment and failure to recall by defendant. The plaintiff has filed an amended two count complaint, as a class action, alleging in Count I violations of the Age Discrimination in Employment Act (the “Act”), 29 U.S.C.A. § 621 et seq., basing jurisdiction on 28 U.S.C. § 1331. In Count II, plaintiff a...
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OPINION AND ORDER On September 30, 1975 a Special Grand Jury was empaneled pursuant to the order of this Court en banc upon the written request of Assistant Attorney General Richard L. Thornburgh, head of the Criminal Division for the Department of Justice. The order empaneling said Special Grand Jury is as follows: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA IN THE M...
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MEMORANDUM AND ORDER On January 23, 1975, a jury in Cook County, Illinois, returned verdicts in favor of Peter Karabatsos, et ux., and against plaintiff for $210,000. On August 6, 1975, plaintiff filed this action seeking a declaratory judgment that The Travelers Insurance Companies (“Travelers”) negligently and in bad faith failed to protect plaintiff’s interests in the Illino...
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MEMORANDUM This is an action to review the final decision of the Secretary of the Department of Health, Education and Welfare denying plaintiff’s claim as 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. Plaintiff filed an application for benefits on March 30, 1970, which was denied initially and upon reconsiderati...
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OPINION AND ORDER This opinion and order are directed to plaintiff’s motion for a preliminary injunction with respect to participation by male staff members in bodily searches of females confined in the Wisconsin School for Girls, Oregon, Wisconsin. For the purpose of deciding this motion for a preliminary injunction, and only for this purpose, I find as fact those matters set forth below under...
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MEMORANDUM This action arising out of a sale and purchase of stock is brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (1934 Act), and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.-10b-5, with jurisdiction invoked pursuant to 15 U.S.C. § 78aa. Plaintiff has also invoked the pendent jurisdiction of this Court over claims arising u...
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OPINION On Friday, December 10, 1971, the Ixtapa, a 52 ft., twin engine diesel, pleasure yacht left Marathon, in the Florida Keys bound for Cozumel, Mexico. Cozumel is an island off the coast of Yucatan, roughly 470 miles southwest of the tip of Florida. For a 31 year old vessel, Ixtapa was well founded. Her wooden hull was of mahogany and had been refastened by “sistering.” 1 The engines wer...
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ORDER AND OPINION Plaintiff commenced this action on October 10, 1975, pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sec. 621 et seq. He alleges that on or about January 31, 1974, he was involuntarily retired and terminated from defendant’s employment because of plaintiff’s age. Plaintiff was 58 years old. He further alleges that on or about June 10, 19...
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I. OPINION AS RENDERED FROM THE BENCH This case was filed by Howell Curtis doing business as Curtis Mortgage Company against Murphy Elevator Co., Inc., Fincor, Inc., and Rockwell International. Since Fincor is owned by Rockwell International, a voluntary non-suit was taken against it at the request of plaintiff. Jurisdiction is based on diversity of citizenship and the amount in controvers...
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MEMORANDUM OPINION Motion to Dismiss I. In this action, plaintiff Reliance Federal Savings and Loan Association of Chicago (“Reliance”) seeks to enjoin the Federal Home Loan Bank Board (“Board”) from giving effect to Board Resolution No. 74^1393, which approved the application of St. Paul Federal Savings and Loan Association (“St. Paul”), a competitor of Reliance, to establish and operate a bra...
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Defendants move to dismiss the complaint pursuant to Rule 12(b)(6) Fed.R. Civ.P. for failure to state a claim upon which relief may be granted. Inasmuch as the defendants have submitted “matters outside the pleadings” along with their motion papers, their motion may be treated as one for summary judgment pursuant to Rule 12(b). Plaintiff, in turn, has filed a motion for summary judgment in his fa...
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OPINION On December 12, 1968, the crab fishing vessel NORTH SEA broke apart while encountering gale winds and mountainous seas, and was lost off Sen-net Point, Alaska. Poul Henning Beer-Hansen and Elmer Thomas Olsen, crew members, and Edwin T. Grabowski, master, perished. Benjamin Golodoff, crew member, survived. At the time of the casualty the NORTH SEA was owned by Northern Fishing...
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MEMORANDUM AND ORDER In this case we must decide 1 whether plaintiff has stated a claim under SEC Rule 10b-5, and are thus called upon to discern the outer reaches of the “judicial oak which has grown from little more than a legislative acorn”. Blue Chip Stamps v. Manor Drug Stores (1975), 421 U.S. 723, 737, 95 S.Ct. 1917, 1926, 44 L.Ed.2d 539. Plaintiff Bio-Med...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Based on evidence presented at the final evidentiary hearing in this cause on 8 December 1975, the Court makes the following: *976 Findings of Fact 1. The plaintiffs in this action are Dewey A. Palmer and his wife Roberta. The couple sues individually to recover for the wrongful death of their son, Dewey Shane Palmer. Mr. Palmer also claims in his...
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OPINION This is a net worth prosecution under 26 U.S.C. § 7201 for willful attempt to evade or defeat payment of income tax. The defendant, William A. Goichman, a cash basis taxpayer, is an attorney who formerly practiced law in Philadelphia. He now resides in Beverly Hills, California. On September 10, 1974, the grand jury handed up a two-count indictment charging the defendant with...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT INTRODUCTION Trial commenced before the Court without a jury on February 3, 1975, and terminated on July 19, 1975, after 55 days of trial. Sixty-three witnesses presented oral testimony in the Court Room and the testimony of four of these witnesses was also presented by deposition transcript. Five additional witnesses testified sole...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, Gordon A. Void, filed a complaint against the defendant, Marathon Oil Company, on February 21, 1975 seeking to have enjoined the actions and practices of the defendant varying and changing the terms of plaintiff’s credit on purchases of petroleum products for sale at retail, and also for varying and changing the method of rent payments and...
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MEMORANDUM DECISION Petitioner has applied for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 (1970). He presently is confined in the South Dakota Penitentiary by order of the Circuit Court, Third Judicial Circuit, Codington County, South Dakota. A sentence of two years was imposed upon his conviction of possession of marijuana in an amount greater than one ounce. The circumstance...
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The third-party defendant moves for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, dismissing the summons and complaint, or in the alternative, for an order, pursuant to 28 U.S.C. § 1406, transferring the action to the Northern District of New York. This action was commenced by the filing of a complaint in this district on February 14, 1975. This suit is to recov...
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MEMORANDUM This is an action for review of the Secretary of Health, Education and Welfare’s final decision denying the plaintiff’s claim for black lung benefits. The Federal Coal Mine Health and Safety Act provides that coal miners “who are *1033totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation’s underground coal mines” shall be entitled to black lung be...
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MEMORANDUM Plaintiff, an inmate confined to the Virginia State Penitentiary, brings this action under 42 U.S.C. § 1983 complaining of the medical treatment he has received and the procedures under which plaintiff was placed in maximum security status. Defendants Riddle and Blankenship are the superintendents of the Virginia State Penitentiary and Bland Correctional Center, respectively, and Lie...
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MEMORANDUM AND ORDER This case came on to be considered on the respective motions of plaintiffs and defendant for summary judgment, the parties having stipulated all material facts and waived oral argument. The sole issue may be stated as follows: For purpose of computing the deduction provided by Section 545 (the deduction for dividends paid under the personal holding company tax) o...
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Plaintiff, Harry E. Welsh, pursuant to 42 U.S.C. § 405(g) incorporated by reference through 30 U.S.C. § 923(b), asks this Court to reverse a final decision of the Secretary of Health, Education and Welfare (the Secretary) 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. (the Act). Plaintiff’s ini...
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OPINION AND ORDER Claiming relief under both the Jones Act, 46 U.S.C. § 688 (1970), and under general maritime law, plaintiff George Turner has brought this action for injuries allegedly suffered when he fell down an engineering room ladder aboard the Tug Dover sometime during the Fall of 1969.1 Since plaintiff did not file his complaint until May 3, 1974, defendant now contends that plaintiff’s J...
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Plaintiff Renetta M. Predmore, a female employee of the National Security Agency, Fort George G. Meade, Maryland, (hereinafter referred to as “NSA”) has instituted the within action pursuant to, inter alia, the jurisdictional provisions of 42 U.S.C. §§ 2000e-5(f)(3) 1 and 2000e-16(c), (d) 2 and 28 *1055 U.S.C.A. § 1346(a)(2). 3 Defendant ...
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In an opinion filed on June 20, 1975, this Court certified a class of plaintiffs pursuant to Federal Civil Rule 23(b)(2). 1 Thereafter, all members of that designated class were sent certain notice documents previously agreed upon as to form by counsel, which documents notified each of those class members of the pendency of this case and afforded to each such person the opportunity t...
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407 F.Supp. 1075 (1976) TERMINAL-HUDSON ELECTRONICS, INC. OF CALIFORNIA, dba Opti-Cal, Plaintiff, v. DEPARTMENT OF CONSUMER AFFAIRS et al., Defendants. CALIFORNIA CITIZEN ACTION GROUP et al., Plaintiffs, v. DEPARTMENT OF CONSUMER AFFAIRS et al., Defendants. Nos. CV 74-2321 (AAH) FW, CV 74-2079 ALS. United States District Court, C. D. California. January 6, 1976. *1076 Charles W. Anshen, Beverly H...
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DECISION Before ELY, Circuit Judge, EAST, Senior District Judge, and WHELAN, District Judge.* The above two cases were consolidated as a matter of judicial expediency for hearing upon the several motions of the respective parties as hereinafter delineated. *1077CASE NO. CV 74-2079 ALS Plaintiffs’ Cause: It appears from the verified complaint: The plaintiff California Citizen Action Group (herei...
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OPINION Plaintiff filed this action in 1971 seeking a modification of his FBI criminal record or, alternatively, an injunction against its dissemination to correctional and judicial officials. The Court of Appeals reversed the District Court’s dismissal of plaintiff’s complaint and remanded for consideration of the following question: “[T]o what extent, if any, does the FBI have a duty to...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action is submitted to the Court for a decision following a court trial on September 25, 1975, on the merits. It *1092 was brought pursuant to 29 U.S.C. §§ 201 — 219, the Fair Labor Standards Act, and specifically under 29 U.S.C. § 216(b). Jurisdiction is conferred on the Court by 28 U.S.C. § 1337 and 29 U.S.C. § 216(b). Plain...
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MEMORANDUM AND ORDER On January 6, 1976, John H. Collins, was named in a twenty-two count indictment which alleged eleven violations of 18 U.S.C. § 2312, and eleven violations of 18 U.S.C. § 2313. A warrant for arrest was issued the same day, and was served on the Defendant January 14, 1976. Upon removal to North Dakota, counsel was appointed, and Defendant was arraigned before the United States D...
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ORDER INTRODUCTION This action for declaratory and injunctive relief is brought by the Georgia Association of Educators, Inc. (GAE) and five members of the GAE who are either teachers, principals, or administrators in the public school systems of Georgia. The action is brought against the Georgia State Superintendent of Schools and the members of the Georgia State Board of Education seeking t...
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MEMORANDUM This is a civil rights action based on 42 U.S.C. §§ 1983, 1985, 1986 and 28 U.S.C. § 1343 against Colonel Tom Whitehead in his capacity as Director of Safety and Security at the University of Tennessee at Knoxville. Before the Court is the motion to dismiss of the defendant in which he contends that the Court lacks subject-matter jurisdiction and that the complaint fails to state a clai...
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OPINION The government seized and seeks forfeiture of a Cadillac car pursuant to 21 U.S.C., section 881(a), which provides: “The following shall be subject to forfeiture to the United States and no property right shall exist in them: (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transp...
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*1118 MEMORANDUM ORDER This suit began as a multifaceted constitutional attack on conditions of confinement at the Mississippi State Penitentiary (familiarly known as Parch-man) by a plaintiff class of penitentiary inmates. The United States subsequently entered the case as plaintiff-intervenor. In October 1972, we issued our initial findings and decree 1 specifying and enjoining a variety ...
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OPINION The Plaintiff, Mylan Pharmaceuticals, Inc. (Mylan), brought this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking statements and affidavits obtained by *1125 Agents of the National Labor Relations Board (N.L.R.B.) as part of their investigation of unfair labor practice charges against Mylan. This Court refused to grant a temporar...
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MEMORANDUM OPINION AND ORDER This matter is presently before this Court on five motions which have been filed by defendant Lauricella. Defendant has filed a Motion for Discovery, a Motion for an Order Establishing Order of Proof by the Government, a Motion to Dismiss the Indictment, a Motion for a Bill of Particulars, and a Motion to Dismiss Count V of the Indictment. The Court is of the opinio...
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Order This cause was heard by agreement of the parties by the Court without a Jury. This controversy involved the asserted individual liability of Frederick O. FitzGerald, Jr., as a responsible officer to pay unpaid withholding and F.I.C.A. taxes of the following corporations, for the following periods and in the following amounts: Corporation: Calendar Periods Involved: Amount of Ass...
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This matter comes before the Court subsequent to a full evidentiary hearing tried to the Court and the submission of extensive trial briefs and post-trial briefs of the parties. In accordance with Rule 52, Fed.R.Civ.P., the Court makes the following findings of fact and conclusions of law. Plaintiff, Union Pacific Railroad Company (hereinafter referred to as UPRR), instituted this action on Januar...
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MEMORANDUM Plaintiffs, federal prisoners formerly confined to the Richmond, Virginia City Jail, bring this action against several state and federal officials, in which they complain of (1) the mail service at the City Jail; (2) the medical treatment afforded prisoners; (3) official interference with inmate attempts to communicate with their attorneys; and (4) the general living conditions. Juri...
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MEMORANDUM This matter comes before the Court for decision subsequent to trial and the submission by the parties of final argument in written form. American Beef Packers was once the second largest packinghouse and the 218th largest corporation in America. In the fiscal year ending July, 1974, it had sales of $896,904,000, net earnings of $4,861,000 ($2.50/share), over 3000 employees, and slaught...
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OPINION and ORDER Defendants have made an additional motion for an order pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure dismissing this action against the defendant Board of Education for lack of jurisdiction and for an order granting the defendants leave to amend their answer pursuant to Rule 15(a) of said Rules. The background and facts in this action are set forth ...
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MEMORANDUM AND ORDER Petitioner, Daniel H. Roberts, a State prisoner, has applied for a writ of habeas corpus, 28 U.S.C. § 2241, et seq., challenging the legality of his confinement on the claim that his conviction resulted from evidence obtained through illegal search and seizure. Petitioner was convicted on July 23, 1973 of multiple counts of forgery and the making of an apparently sworn ...
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MEMORANDUM AND ORDER Pending before this Court is defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) or, in the alternative, for summary judgment pursuant to Rule 56(c). For the reasons stated hereinafter, we deny defendants’ motion as to Count I of the complaint, which alleges a violation of 42 U.S.C. § 1981, and Count III of the complaint, w...
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MEMORANDUM This action arises out of a tribal election controversy on the Rosebud Reservation in Rosebud, South Dakota. The Plaintiff, the Rosebud Sioux Tribe of South Dakota, Robert Burnette in his official capacity as President of the Rosebud Sioux Tribe, and five members of the Rosebud Sioux Tribal Election *1193Board,1 bring this action for injunctive and declaratory relief.to prohibit the def...
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407 F.Supp. 1200 (1975) The STUYVESANT INSURANCE COMPANY et al., Plaintiffs, v. DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES DEPARTMENT OF JUSTICE, Defendant. No. 75 C 1043. United States District Court, N. D. Illinois, E. D. December 2, 1975. *1201 *1202 Samuel D. Myers, Freedman, Freedman & Myers, Ltd., Chicago, Ill., for plaintiffs. Samuel K. Skinner, U. S. Atty...
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MEMORANDUM OF DECISION AND ORDER The defendant District Director of the Immigration and Naturalization Service moves to dismiss this action by a plaintiff surety company and two of its agents for a declaratory judgment that four immigration bonds have not been breached. The grounds for the motion, which presents questions of first impression, are that the court lacks subject matter jurisdiction a...
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MEMORANDUM This civil rights action arises out of the arrest of plaintiff by William Clark, a police detective employed by the City of Philadelphia. Plaintiff alleges that, in the course of that arrest, he was “brutally, maliciously and wilfully” assaulted by Clark and sustained serious injuries as a result of the attack. Presently before the Court is the City of Philadelphia’s motion to dismis...
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MEMORANDUM Plaintiff, holder of a subordinated debenture note of now insolvent Richmond Industrial Loan and Thrift, brings this action under federal securities laws to redress an alleged fraud perpetrated upon plaintiff in the purchase of this note. Defendants are Richmond Industrial Loan and Thrift, certain of its former officers, directors and employees, *1212and the two receivers who were appo...
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MEMORANDUM AND ORDER Sutton Place Apartments (“Sutton Place”), a partnership, engaged Gene B. Glick Company, Inc. (“Glick”) as general contractor to construct certain residential premises (“the project”). R. J. Nero Construction Co., Inc. (“Nero”), was a subcontractor and Clarence Sand and Gravel Corp. (“Clarence”) supplied materials to Nero for the project. On October 1, 1974, the United States ...
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MEMORANDUM OPINION This action is submitted to the Court on the motions of the defendant to dissolve the temporary restraining order, to dismiss the complaint and to enter summary judgment on an award made by the Joint Committee sitting in arbitration. There is also pending the motion of 27 employees of the plaintiff located in Campbellsville, Kentucky who seek to intervene in this action. The pa...
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MEMORANDUM DECISION This is an in rem admiralty action by Nacirema Operating Co., Inc. (“Nacirema”), a stevedore and terminal operator, asserting a maritime lien for stevedoring services to the Pakistan flag M.S. A1 Kulsum, a vessel owned by the claimant-third party plaintiff Muhammadi Steamship Co., Ltd. (“Muhammadi”). The original action was commenced by the plaintiff in the District Co...
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407 F.Supp. 1227 (1975) William H. BLAKELY, Plaintiff, v. CHRYSLER CORPORATION, and United Automobile, Aerospace and Agricultural Implement Workers of America, Local 136, Defendants. No. 74-812C(4). United States District Court, E. D. Missouri, E. D. December 31, 1975. Louis Gilden and Doreen D. Dodson, St. Louis, Mo., for plaintiff. Levin & Weinhaus, Thompson & Mitchell, St. Louis, Mo., ...
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MEMORANDUM OPINION The Plaintiffs, Johnston’s Fuel Liners, Inc., Milwaukee Motor Transportation Co. and Universal Transport, Inc., filed their complaint seeking to modify, set aside, annul, suspend or reverse an order of the Interstate Commerce Commission in the matter of Dan Dugan Transport Co., Extension — Asphalt, MC22195 (Sub 147). The Plaintiffs are common carriers who hold certificates of pu...
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MEMORANDUM OPINION AND ORDER This action arises out of an injury the plaintiff, Vernon J. Davillier, allegedly sustained on or about February 20, 1974 while working as a longshoreman aboard the vessel M/V VALENCIA, owned and operated by the defendant, Cavn Venezuelan Line (hereinafter Cavn), then afloat in the Mississippi River in the port of New Orleans, Louisiana. Employers Nationa...
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MEMORANDUM OPINION AND ORDER This is a suit brought to vindicate alleged constitutional violations under 42 U.S.C. § 1983, with authority in this Court under the provisions of 28 U.S.C. §§ 1343(3), (4). There is also a prayer for declaratory relief under 28 U.S.C. *1241 §§ 2201, 2202. The gravamen of the suit is an attack on the constitutionality of K.R.S. 218A.270(1)(e). Due...
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MEMORANDUM AND ORDER TO COMPEL ANSWERS Plaintiff Winlaw A. Priebe has moved for an order compelling defendants World Ventures, Inc., Robert Gallagher, Lowell I. Skow and Stanton Hollingsworth to answer questions put to them by plaintiff’s counsel upon oral deposi *1245 tion and to answer written interrogatories. The defendants in response have conceded that World Ventures, Inc.’s corporate ...
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MEMORANDUM OPINION This opinion disposes of cross-motions for summary judgment brought by the plaintiff union and defendant Canteen Corporation. The issue presented is whether Canteen Corporation, the successor to Saga Foods, Inc. as cafeteria operator at the International Harvester plant in Melrose Park, must comply with an arbitration award rendered against its predecessor, Saga Foods. ...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT This is a statutory interpleader action brought by Shurland Robin Demergue Bell, more commonly known as Underwriters of Lloyd’s, London. The subject matter of this suit is the proceeds of an insurance policy issued by the plaintiff to one of the defendants, Nutmeg Airways Corporation (Nutmeg). That policy insured a Nutmeg helicopter stored at the Mercer Coun...
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MEMORANDUM Plaintiffs in this action challenge various aspects of the District of Columbia Medicaid Plan relating to podiatric services. The matter is before the Court at this juncture on the litigants’ cross-motions for summary judgment. The plaintiffs include the District of Columbia Podiatry Society, a professional association of Doctors of Podiatric Medicine (hereinafter, podiatrists), al...
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ORDER There is now presented the Plaintiff’s motion to strike the amended answer filed herein December 2, 1975, by Defendant Bank of Wadley. Plaintiff sues for breach of the terms of an allegedly irrevocable letter of credit. Defendant Bank defends on the ground that this letter of credit obligated it to lend a sum of money greater than that which banks are allowed to lend by the terms of...
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407 F.Supp. 1272 (1975) Thomas E. ROBINSON, Plaintiff, v. KMOX-TV, CBS TELEVISION STATION, a Division of Columbia Broadcasting System, Defendant. No. 75-398C(3). United States District Court, E. D. Missouri, E. D. September 18, 1975. *1273 Gerald Nadler, St. Louis, Mo., for plaintiff. D. J. Sullivan and Timothy L. Stalnaker, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for defendant. ...
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MEMORANDUM OPINION This action involves the respective rights of the parties to certain trade and service marks and the interaction of the common law of trademarks with the Lanham Act (15 U.S.C. See. 1051 et seq.). Plaintiff, a New Jersey corporation (WKNJ), has its principal place of business in Flemington, New Jersey, where since 1962 it has operated a restaurant facility u...
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ORDER These consolidated antitrust actions are before the court for ruling on numerous motions. Some of these motions relate to all of the actions (these will be dealt with collectively under the subhead “C 74r-2454 A”) and some of the motions relate to one or more of the actions separately (these will be dealt with under the appropriate docket control number). C 74^2454 A Motio...
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MEMORANDUM OPINION In these actions the plaintiff seeks to have this Court review, reverse, and set aside decisions of the Interior Board of Land Appeals, Office of Hearings and Appeals, U. S. Department of the Interi- or. The material facts are not in dispute. Most of the facts alleged in the Complaint in each case are admitted in the Answers or in admissions at the pretrial conference. Both...
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This case was tried on the merits January 7 — 9, 1976, after the Fifth Circuit Court of Appeals affirmed the judgment of this Court denying plaintiffs’ Motion for a Preliminary Injunction. 524 F.2d 930 (5th Cir., 1975). The opponents, 2 in an exceptionally able manner and with painstaking thoroughness, mount a four-pronged attack on the 1 — 220 bridging of Cross Lake: 1. Whether...
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*1328 FINDINGS OF FACT AND CONCLUSIONS OF LAW I. THE NATURE OF THE CONTROVERSY This action was commenced in the United States District Court for the Northern District of Texas by the Plaintiff, Texas Instruments (TI), to recover from the Defendant, the United States of America, refund of the income taxes and assessed interest collected from the Plaintiff for its taxable year...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action is before the Court on cross motions for summary judgment. The parties have stipulated to all material facts, which stipulations constitute the Court’s Findings of Fact. I. JURISDICTIONAL FACTS 1. The plaintiffs in the above-styled action are Charles B. and Mary Jane Nye, who reside as husband and wife in the City and County of Durham, N...
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MEMORANDUM ORDER Though naming certain individuals, some known and some unknown, as parties defendant, this complaint claims to be filed pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). See also 28 U.S.C. §§ 1402(b), 1504, 2110, 2401, 2402, 2411, 2412, 2671-2680. Named as defendants are Sheriff John B. Vaughan, Jr. of Hanover County, Virginia, the United States of America, and unknown...
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MEMORANDUM AND ORDER This is a claim under the Federal Tort Claims Act as to which the defendant United States has filed a “Motion for Summary Judgment” which the Court shall treat as a motion to dismiss for lack of jurisdiction. Plaintiff was a federal prisoner who received personal injuries when he slipped and fell in a jail shower. The injury occurred on 16 September 1973 and by 4 October ...
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MEMORANDUM This is a wrongful death action brought by Billy C. Anderson and Angela G. Gadberry, Co-Administrators of the Estate of Eldred Anderson. The complaint alleges that defendant shot and killed plaintiffs’ decedent in an affray that occurred in Winfield, Tennessee on October 14, 1974. The jurisdictional basis alleged in the complaint is diversity of citizenship under 28 U.S.C. § 1332(aXl)....
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MEMORANDUM AND ORDER This cause is before the court on the motion of plaintiff St. Elizabeth’s Hospital for a preliminary injunction staying and enjoining defendant National Labor Relations Board from holding further proceedings in six consolidated cases all of which involve the plaintiff as a party and which are scheduled for a hearing on February 17, 1976, until the resolution of the document...
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OPINION Plaintiff attached defendant’s bank account on August 13, 1975 and now moves to prove grounds of attachment. I Defendant cross-moves to vacate the attachment and to dismiss, or, alternatively, to stay the proceedings pending arbitration. Plaintiff claims breach of a charter party agreement by defendant to transport fuel from Ghana to plaintiff’s tanks in Salem, Massachusetts....
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MEMORANDUM AND ORDER The United States Attorney General brought this suit against the above-, named defendants pursuant to Title VII of the 1964 Civil Rights Act as amended in 1972 (42 U.S.C. § 2000e et seq.) to. secure relief against allegedly discriminatory employment practices based on sex occurring in the hiring of principals for Sweet Home Central School District. This case was referred to...
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MEMORANDUM AND ORDER This cause is before the court upon defendant Canadian Indemnity Company’s Motion for Partial Summary Adjudication, filed January 16, 1976, and plaintiff Equal Employment Opportunity Commission’s Motion for Stay of Proceeding, filed January 19, 1976. The matter was heard on February 2, 1976. The court has read the pleadings and memoranda of law on file and has considered th...
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ORDER GRANTING MOTIONS TO DISMISS This cause came on for consideration upon the motions of defendants Hartford Accident & Indemnity Co., Federal Insurance Co., and Travelers Indemnity Co., to dismiss. The court, having heard oral argument, having considered the record and being fully advised in the premises, finds and concludes that the motions should be granted. The court has jurisdiction over t...
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OPINION AND ORDER There are two actions before me. The first is by plaintiffs Cora P. Walker, et al., against their employer Columbia University, a non-profit institution of higher learning, and Transport Workers Union of America, AFL-CIO, and its Local Union No. 241, their unions alleging sex discrimination in hiring, promotion and pay in violation of the Equal Pay Act, 29 U.S.C. §§ 201 ...
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OPINION This is an action brought under 42 U.S.C. § 1983 in which the plaintiff seeks *1379 declaratory and injunctive relief for deprivation of rights allegedly secured to her under the Fifth and Fourteenth Amendments. Jurisdiction is claimed under 28 U.S.C. § 1343(3) and (4). Basically, plaintiff’s complaint states that the common law concept of tenancy by the entirety...
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MEMORANDUM Plaintiff Securities and Exchange Commission (“SEC”) commenced this action against Scott, Gorman Municipals, Inc. (“Scott Gorman”), Kenneth Kramer, Jack Weinstein, Eugene Ingargiola and Raymond Marsh on September 5, 1975. The SEC alleges violations by defendants of section 17(a) of the Securities Act of 1933 (“the 1933 Act”), 15 U.S.C. § 77q(a), and section 10(b) of the Securit...
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MEMORANDUM OPINION Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Secretary of Health, Education, and Welfare (Secretary) denying his claim for disability insurance benefits. For the reasons set out herein, we affirm the Secretary’s findings. Plaintiff filed an application for a period of disability and for disability insu...
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OPINION At all times mentioned herein, plaintiffs were corporations (unless otherwise indicated) engaged in the production of dairy products, including raw milk. On its federal income tax return for the calendar year 1967, plaintiff Henry Costa Jr. Dairy, Inc. (Costa), claimed and the Commissioner of Internal Revenue disallowed an alleged loss of $116,183.33 for cancellation of a milk-production c...
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OPINION This action, filed in this court on November 7, 1975, arises out of an automobile accident on June 19, 1975, in the State of Florida. The complaint alleges that plaintiffs are citizens of Maryland and that defendant is a citizen of Ohio. There is no allegation connecting defendant with the State of Maryland in any way. Diversity jurisdiction exists, 28 U.S.C. § 1332(a), and venue is prope...
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OPINION AND ORDER On September 20, 1973, an airplane owned and operated by Bromley Corporation crashed into a tree on takeoff from the Natchitoches, Louisiana, Municipal Airport. Several people died as a result of the crash. On March 11, 1975, the Panel issued an opinion and order determining the propriety of transfer pursuant to 28 U.S.C. § 1407 of three actions arising from the crash. 1 T...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIGEL, and ANDREW A. CAFFREY, Judges of the Panel. Joseph F. Smith operates a machine shop in Greensboro, North Carolina, and is the holder of United States Patent No. 3,180,074, which relates to a high-speed, false twist spindle apparatus. Such a spi...
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OPINION AND ORDER This litigation consists of 25 actions pending in nine various federal district courts: eight in the District of South Carolina; five in the District of Hawaii; four in the Southern District of California; three in the Western District of Washington; and one each in the Northern, Central and Eastern Districts of California, the District of Idaho and the Northern District of Fl...
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