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All Reporters → f-supp → Volume 421

Opinions in f-supp Volume 421

MEMORANDUM AND ORDER This Cause comes before the court on Claimants’ Motion to Permit Reconditioning of Articles After Decree of Condemnation. These articles, consisting of bottles and cans of various types, were damaged in a flood in Nome, Alaska, in 1974. Upon a Complaint for Forfeiture by the United States a Consent Decree of Condemnation was entered by the Court on June 9, 1976. The Decre...
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MEMORANDUM In an indictment filed August 4, 1975, (S75 Cr. 772), defendant Virgil Alessi is charged in five substantive counts with the transportation, distribution and possession of large amounts of heroin in violation of 21 U.S.C. §§ 173, 174, 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. Alessi is also named as an unindicted co-conspirator in Count 1 of the indictment which charges Lawrence Iaros...
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MEMORANDUM Defendants move by order to show cause for an order disqualifying Patterson, Belknap & Webb, Esqs. (“PB&W”) from acting as attorneys for plaintiff United States Industries, Inc. (“USI”) and from advising or counseling plaintiff USI with respect to this action; enjoining PB&W from otherwise engaging in litigation arising out of the same facts upon which this action is based or m...
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MEMORANDUM OPINION AND ORDER After oral argument, we took under submission the defendants’ motion for dismissal and, alternatively, for summary judgment, as well as plaintiff’s cross-motion for summary judgment and motion to maintain the action as a class action. After due consideration given the matter, we find and conclude as follows: The plaintiff has not exhausted her administrat...
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ORDER SUSTAINING DEFENDANTS’ MOTION TO DISMISS This case is before the Court on the Motion of Defendants, Public Service Company of Oklahoma, R. O. Newman, Charles Simmons and Prentiss Carter, to Dismiss the Complaint for Failure to State a Claim upon which Relief can be Granted. The thrust of defendants’ Motion is that the Public Service Company of Oklahoma is not sufficiently connected with the...
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MEMORANDUM ORDER Plaintiffs have commenced the above-entitled action challenging the enforceability and constitutionality of the Minnesota Private Pension Benefits Protection Act, Minn. Stat. § 181B.01 et seq. (1974) (hereinafter the Pension Act). The relevant facts are set forth in Fleck et a 1. v. Spannaus et al., 412 F.Supp. 366 (D.Minn.1976), where the court, sitt...
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*25JUDGMENT This action having come on for a hearing before the Court, Honorable Dick Yin Wong, United States District Judge, presiding, and the issues having been duly heard and a decision having been duly rendered, IT IS ORDERED AND ADJUDGED that judgment is entered requiring ANDREW CHANG, in his capacity as the Director of the Department of Social Services and Housing, State of Hawaii, his agen...
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MEMORANDUM AND ORDER The question presented by this habeas corpus petition is whether or not petitioner, a doctor, should be released from his naval active duty obligation incurred in exchange for a draft deferment which enabled him to complete his medical school and residency requirements. Dr. West accepted the service obligation under the provisions of the so-called “Berry Plan” in January 1971....
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Plaintiffs, the National Automobile Dealers Association, Miller-Terrell Buick, Inc., and Lindsley-Feiber Motor Co., Inc., seek *32 injunctive relief to restrain the enforcement of a Federal Trade Commission trade regulation promulgated on November 14, 1975, entitled the “Preservation of Consumers’ Claims and Defenses” Rule, 16 C.F.R. § 433, also known as the “Seller’s Rule.” Plaint...
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MEMORANDUM This is an interpleader action commenced by First Tennessee National Bank, Chattanooga pursuant to Federal Rule Civil Procedure 22 and 28 U.S.C. § 1335. The defendants are the Federal Deposit Insurance Corporation, a government corporation, Kyle Weems, Trustee in Bankruptcy of Hamilton Mortgage Company, Inc. (hereinafter referred to as Trustee), and three individuals, Donald Mo...
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OPINION Plaintiff, Lynne Weiser Tuck, formerly a reporter (“senior writer”) for defendant McGraw-Hill, Inc.’s publication, Medical World News (“MWN ”), is suing defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., claiming that defendant discriminated against her on the grounds of sex in the application of its “close relative rule” wh...
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421 F.Supp. 45 (1976) Robert GIRARDIER and Susan L. Luzkow, Plaintiffs, v. WEBSTER COLLEGE, Defendant. No. 75-1157 C(1). United States District Court, E. D. Missouri, E. D. September 16, 1976. As Amended November 15, 1976. *46 Ronald S. Preuss, Anderson, Fredrick, Preuss, Eickhorst & Geissal, Clayton, Mo., Frank Susman, Susman, Schermer, Willer & Rimmel, St. Louis, Mo., for plaintiffs. Wa...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Early on the morning of August 29, 1973 F/V BELUGA came into collision with O/S EAST POINT while in Alaskan waters at a point near the pass between Narrow Cape on Kodiak Island and Ugak Island. These two consolidated cases are brought by the owner (McAllister Equipment Leasing Co.) and charterer (Alaska Packers Association) of O/S BELUGA for damage ...
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MEMORANDUM DECISION This is a civil rights action for injunctive relief and damages against the State of Illinois, the Illinois Department of Public Health, and three individual state employees. Plaintiff, a former employee of the Department of Public Health, claims that he was subjected to such intense racial discrimination that he was forced to resign from his job. The first count alleges t...
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MEMORANDUM DECISION All defendants have moved to dismiss plaintiff’s pro se complaint which alleges in part that the procedures used to settle his claim for workmen’s compensation violated his right to due process of law. In deciding whether federal jurisdiction exists and whether plaintiff has stated a cause of action, two factors prompt us to screen his complaint especially carefully and generou...
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MEMORANDUM AND ORDER This matter is now before the Court on plaintiffs’ motion for an extension of the preliminary injunction heretofore entered in this case and defendants’ opposition thereto. This case was last before the Court eleven months ago, at which time the *65 Court found that defendants had failed to comply with the procedural and substantive requirements of the National Environmen...
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MEMORANDUM OPINION Before the court is the plaintiff’s motion to remand this action as improvidently removed pursuant to 28 U.S.C. §§ 1441, 1447. The defendants’ petition for removal sets forth a theory that this action arises under the laws of the United States, specifically under the federal labor law prohibiting secondary boycotts and authorizing actions in the district courts to recover damag...
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MEMORANDUM OF OPINION AND ORDER Seeking damages for breach of contract and fraud, plaintiffs Diamond Mining and Management, Inc. (“Diamond”), and S. Richard Stern filed their Second Amended Complaint against defendants Globex Minerals, Inc. (“Globex”), Merritt Ruddock, and John Nisco with this Court on December 22, 1975. Defendants filed an Answer and Counterclaim on January 5, 1976, and a Moti...
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MEMORANDUM AND ORDER This cause is before the court on the motion of defendant United Steelworkers of America, AFL-CIO, (Steelworkers) for summary judgment on its counterclaim and on the motion of plaintiff Durabond Products, Inc. (Durabond) for summary judgment on its complaint. For the reasons hereinafter stated, partial summary judgment shall be entered for Steelworkers and partial sum...
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ORDER GRANTING PETITIONS By separate petitions, Petitioners Pascual and Déla Cruz seek review by this court of the decisions of the Board of Immigration Appeals, Department of Justice (BIA). The petitions have been consolidated pursuant to Rule 42, F.R.Civ.P. The facts in these two cases are not in dispute. Petitioners Pascual are husband and wife who adopted a child pursuant to Chap...
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MEMORANDUM AND ORDER On August 2,1976, plaintiff appeared before the Program Committee of the Hawaii State Prison for a hearing on the failure of programs at the Maximum Control Unit. As a result of that hearing, plaintiff was selected to appear at a scheduled program classification hearing on August 10, 1976. The August 10th hearing was conducted by *84 the same persons who ...
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OPINION We once again have before the court a suit for refund of federal estate taxes involving “one of the more abstruse and obscure branches of the Pennsylvania law of decedent’s estates”. 1 Once again we have the esoteric question as to how to treat for federal tax purposes a bequest of personal property to a life tenant for life with remainder over to a remainderman. Pennsy...
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ORDER This matter comes before the court on plaintiff’s motion for a finding pursuant to 5 U.S.C. § 552(a)(4)(F). This case involves a Freedom of Information Act (FOIA) request for documents. Plaintiff sought documents from the State Department relating to his employment with the World Food Program. After a lawsuit was filed in this court but before litigation on the issue of whether defendants...
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MEMORANDUM OPINION The above case came on to be tried in Amarillo, Texas on September 21, 1976 before the court without a jury, with all parties and their attorneys present and announcing ready for trial. After hearing and considering the evidence (the court realizes that in the depositions some of the testimony is hearsay and thus has disregarded same), the pleadings, and the arguments and bri...
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OPINION AND ORDER I. Preliminary Statement This is a suit on a policy of title insurance, which is now ripe for disposition on cross-motions for summary judgment. The parties have agreed to the essential facts and, after submission of exceptionally able briefs and oral argument, have left for our determination a most difficult case which turns on application of somewhat obscu...
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MEMORANDUM AND ORDER The complaint in this case is in eight counts. The basic assertions on liability are set forth in Counts I and III, negligence; Counts V and VI, express and implied warranties; Counts VII and VIII, strict liability. Claims for personal injuries, loss of consortium are asserted. On April 15, 1974 Ford Motor Company filed a Motion to Dismiss Counts V, VI, VII and V...
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MEMORANDUM OPINION Plaintiff Mary Lee Jamerson brought this action against defendants Carl G. Miles and J. M. Friedman for alleged violations of the Truth in Lending Act, specifically 15 U.S.C. § 1635(a) (1968). 1 Jurisdiction lies under 28 U.S.C. § 1337 (1964), which gives the district courts original jurisdiction of any civil action arising under an act of Congress regulating...
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MEMORANDUM OPINION AND ORDER The motion of the Dallas Independent School District (DISD), defendant, to dismiss this claim under the authority of National League of Cities v. Usery,-U.S. -, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976) came on for consideration before the Honorable Robert M. Hill, United States District Judge. The court has considered the motion and the briefs of counse...
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OPINION The facts alleged in the complaint of plaintiff, DiCesare-Engler Productions, Inc., will be taken as true for the purposes of the disposition of these motions. Plaintiff is a corporation, doing business in Pennsylvania, and is in the business of promoting music concerts. Defendant, Mainman Ltd. (“Mainman”), is a corporation doing business in Pennsylvania. Defendant, David Bow...
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*123 MEMORANDUM AND ORDER Defendant, James Harris, Jr., after a non-jury trial before this Court, was adjudged guilty on February 13, 1976, of the offenses of transportation in interstate commerce of a stolen motor vehicle, and theft from an interstate shipment, violations of 18 U.S.C. §§ 2312 and 659, respectively. We issued special findings from the bench on that date. Pur...
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MEMORANDUM OF DECISION On October 8, 1974, the plaintiffs, Butz and Duff, both citizens and residents of Pennsylvania, were seated side by side as passengers on BOAC Flight BA501 from London, England to New York City, New York. As the aircraft approached New York and began its descent, both plaintiffs experienced sudden severe pains in their ears. Thereafter, they brought this action...
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MEMORANDUM OPINION AND ORDER The plaintiff Ricky Lee Holifield injured his back in July of 1967 while working as a pantryman aboard the S/S FORT HOS-KINS. 1 On September 17,1969 W. W. Holifield filed suit in another section of this court on behalf of his minor son, Ricky Lee (20 years old), seeking to recover damages for the 1967 injury from Cities Service Tanker Corporation as...
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MEMORANDUM This matter comes before the Court for decision on the merits subsequent to a plenary evidentiary hearing to the Court and the submission of post-trial briefs. Plaintiff, Construction and General Laborers Union, Local No. 1140, affiliated with International Laborers Union of North America, AFL-CIO (referred to herein as Local 1140), instituted this action on February 12, 1975, under § ...
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OPINION This case involves the continuing review of a determination by the Federal Highway Administrator (hereinafter “Administrator”) on May 19, 1975 reducing tolls on bridges owned and operated by the Delaware River Port Authority (hereinafter *143“Authority” or “DRPA”). See Delaware River Port Authority v. Tiemann, 403 F.Supp. 1117, 1120-23 (D.N.J.1975), vacated 531 F.2d 699 (3rd Cir. 1976). T...
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ORDER OF REMAND 28 U.S.C. § 1447(c) Upon reading and considering the Petition for Removal, filed herein on July 18, 1974, it appears that the case of “The People of the State of California, Plaintiff, vs. Gibson-Rondon Corp., Defendant” No. M 115830 in the Municipal Court of the Long Beach Judicial District, County of Los Angeles, State of California1 was removed improvidently and without jurisdic...
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MEMORANDUM This is an action by Equal Employment Opportunity Commission (EEOC) against Tufts Institution of Learning (Tufts), 1 for relief from alleged discriminatory employment practices based upon sex in violation of Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended by Pub.L. No. 92-261, 86 Stat. 103 (March 24, 1972), 42 U.S.C. § 2000e et seq. ...
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INTRODUCTION This is a class action brought by black registered voters of Boston, seeking declaratory and injunctive relief against Boston’s Mayor, City Council, School Committee, Election Commissioners and City Clerk. 1 *167 The suit challenges the at-large voting procedure for election of members of the Boston School Committee. 2 Plaintiffs claim that, due to a combination of circumst...
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MEMORANDUM OF DECISION AND ORDER This case is before the court on motions by each of the defendants to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, Rules 12(b)(1) and (6), Fed.R.Civ.P., 1 and upon plaintiffs cross-motion for summary judgment, Rule 56, Fed.R.Civ.P. Defendants have submitted affidavits and other documentation...
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OPINION This case was remanded to me by the Court of Appeals for further proceedings consistent with its opinion.1 Upon the original motion to vacate an order authorizing this action I dismissed the complaint upon the grounds that the plaintiff had not made a sufficient demand (the Court of Appeals reversed this conclusion) and that the plaintiff had not shown “good cause.” Before the opinion of t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by the plaintiff for declaratory and injunctive relief under 42 U.S.C. § 1983 (1970) against the Commissioner of Corrections for the State of Vermont to prevent his transfer from the Vermont Corrections Department to the Federal Prison System. Plaintiff contends that his transfer and incarceration outside of Vermont, because ...
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OPINION This action was commenced by the plaintiff, Carlo C. Gelardi Corp., on May 5th, 1976, alleging violations of certain provisions of the antitrust laws of the United *234 States by the defendant Miller Brewing Company, three employees of Miller, and an unspecified number of unidentified co-conspirators. The complaint also alleges that Miller breached a distributorship contract with the ...
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*240 OPINION In a telegram dated May 4th, 1976, the defendant Miller Brewing Company attempted to sever its contractual relationship with the plaintiff, Carlo C. Gelardi Corp. The plaintiff commenced this action on May 5th, 1976, alleging violations of certain provisions of the antitrust laws of the United States by Miller, three employees of Miller, and an unspecified number of ...
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*252 OPINION AND ORDER ON APPLICATIONS, PURSUANT TO § 77(c)(12) OF THE BANKRUPTCY ACT, FOR COMPENSATION AND FOR REIMBURSEMENT OF EXPENSES INCURRED ON BEHALF OF THE BANKRUPT ESTATE On August 20, 1975 this court filed an opinion and order pursuant to which there were forwarded to the Interstate Commerce Commission (I.C.C.) certain applications for compensation for services and expe...
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This is an action brought by plaintiff General Communications Engineering, Inc. *278 (hereafter “G.C.E.”) against defendant Motorola Communications and Electronics, Inc. (hereafter “Motorola”) alleging violations of section 2 of the Sherman Act, 15 U.S.C. § 2, the California Cartwright Act (Business & Profession Code §§ 16750 et seq.), and § 3369 of the California Civil Code and ot...
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MEMORANDUM OPINION Before the court is the plaintiffs motion for a temporary' restraining order brought pursuant to 18 U.S.C. § 1964 which empowers the district court “to prevent and restrain” violations of 18 U.S.C. § 1962. The complaint in the instant action alleges that defendants have operated and are operating a gambling organization or policy wheel in violation of 18 U.S.C. § 1962 which p...
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Plaintiff, Mrs. Cherry S. Tucker, a Florida citizen, filed her complaint against the City of Macon, former Macon police officer Charles Carey Stokes and former Macon Mayor Ronnie Thompson alleging that she is entitled to money damages for the wrongful death of her deceased husband John V. Tucker caused by his being assaulted, struck and beaten in the city jail by officer Stokes while under arrest ...
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MEMORANDUM The defendant was convicted upon his plea of guilty to two counts of an indictment charging him with conspiracy to violate, and a substantive violation of, the Federal Narcotics Laws, 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B) and 846. Thereafter, on July 17, 1975, the Court suspended the imposition of sentence and placed the defendant on probation for a period of three (3) years unde...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Inscribed on the Main Post Office in New York City is the famous quotation: Not snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds. The issue before this court is whether a negligence action for damages lies against individual United States Postal Department officials when mail is not...
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OPINION This is an action for judicial review of an Interstate Commerce Commission decision. Plaintiff, Trans-American Van Service, Inc. [hereinafter “Trans-American”], seeks to have annulled and set aside orders of the Interstate Commerce Commission [hereinafter “ICC” or “Commission”] denying Plaintiff’s application for a motor-vehicle common-carrier certificate authorizing the transport...
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OPINION and JUDGMENT The petitioner, Reuben Cornelious Johnson, Jr., has filed a petition for a writ of habeas corpus in this court pursuant to 28 U.S.C. § 2254. Mr. Johnson is currently serving an eight year sentence, pursuant to a judgment of the Circuit Court for the City of Lynchburg, imposed on July 29, 1975, for larceny. The conviction resulted after a trial by jury in which the petitioner, ...
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OPINION The plaintiffs bring this action pursuant to 42 U.S.C. § 1983 to challenge the constitutionality of the Massachusetts statute, and the guidelines of the school committee of the town of Framingham adopted to implement it, which requires the observance of a period of silence at the opening of the school day in the public schools. The statute reads: At the commencement of the fi...
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MEMORANDUM OPINION The plaintiff in the instant securities fraud action seeks discovery of information relating to the criminal fraud eases of the defendants, John B. Lampe and Joseph Locelso. 1 Plaintiff Lincoln National Bank has caused a subpoena duces tecum to be served upon Ernest G. Locker, an agent of the F.B.I. and Robert Held, that agency’s Chicago Director, requiring the F.B.I. to pr...
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MEMORANDUM OPINION AND ORDER This cause is before the court on defendant’s motion for summary judgment.1 Defendant seeks: (1) the dismissal of plaintiff’s complaint; (2) judgment on its counterclaim declaring invalid U.S. Patent No. 3,448,698 which was issued *351to plaintiff on June 10, 1969. For the reasons set forth infra, defendant’s motion is granted. A. Nature of U.S. Patent No. 3,448,698 T...
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MEMORANDUM OPINION This cause is before the court on plaintiff’s motion for preliminary injunctive relief pursuant to rule 65(a) of the Federal Rules of Civil Procedure. For the reasons set forth infra, plaintiff’s motion is denied. The verified complaint in this action alleges that plaintiff, a tenured employee at Elmhurst College, a private nonprofit educational institut...
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MEMORANDUM OPINION This action arises under the trademark laws of the United States, in particular the Lanham Act, 15 U.S.C. §§ 1051 et seq. Plaintiff, General Mills, Inc., is the owner of Registrations No. 515,266, No. 945,279, and No. 945,806 for the trademark “BETTY CROCKER.” In its complaint plaintiff alleges that it and its related companies have been and are now engaged i...
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MEMORANDUM OPINION AND ORDER NEESE, District Judge. This is a civil rights action for money damages against, inter alia, the defendant Kuhn’s Big K Stores, Incorporated. 42 U.S.C. § 1983; 28 U.S.C. § 1343(3). Such defendant moved for a dismissal as to it on the ground that the plaintiff failed to state a claim against it on which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedu...
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Plaintiff broüght this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. § 405(g)), to obtain a review of a final decision of the Secretary of the Department of Health, Education and Welfare (“HEW”), denying his claim for disability insurance benefits. Both parties have filed motions for summary judgment and have waived oral argument on the motions. Plaintiff, ...
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MEMORANDUM OF DECISION This decision shall constitute this court’s findings of fact and conclusions of law pursuant to Rule 52(a) following trial of this cause on June 24 and 25, 1976. This is an action for an alleged deprivation of plaintiff’s decedent’s civil rights in violation of 42 U.S.C. § 1983. Jurisdiction of this court is based on 28 U.S.C. § 1331 and § 1343(3) and venue is proper in t...
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MEMORANDUM DECISION This is an action for copyright infringement arising under the Copyright Act, 17 U.S.C. §§ 1, et seq., and jurisdiction is here under 28 U.S.C. § 1338(a). Plaintiffs, Charles E. Schroeder and Marion S. Schroeder, claim that defendants, William Morrow and Company, a publisher, and George Ban-ta & Co., a printer, infringed plaintiffs’ Class A Copyright No. 518...
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MEMORANDUM ORDER This is the aftermath of our earlier decision in this fair housing action brought under the Civil Rights Act of 1968, 42 U.S.C. § 3601, et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1982, in which we ordered defendant Mary Ryan Townsend to convey residential real estate located at 2078 West Hopkins Place, Chicago, Illinois, to the plaintiffs Stanley and Judith Moore, at ...
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FINDINGS OF FACT, OPINION, AND CONCLUSIONS OF LAW This matter is before the Court for final disposition based upon dispositive motions of the parties together with the appropriate memoranda for and against such motions. 1 Plaintiffs question the authority of defendants to provide data processing service to those building and loan associations which are members of the Federal ...
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MEMORANDUM OPINION Invoking federal jurisdiction under 28 U.S.C. § 1343(3) for causes of action based upon 42 U.S.C. § 1983, and under 28 U.S.C. § 1331 for actions arising under the United States Constitution, plaintiffs bring this action charging that they were deprived of their Fourteenth Amendment due process rights when their employment with the *396 Utilities Commission ...
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MEMORANDUM Anthony Ricco seeks to suppress certain wiretap recordings and their transcriptions which the government proposes to introduce as evidence against him at his trial for alleged narcotics violations. Pursuant to 18 U.S.C. §§ 2516(2), 2518(8)(a) and N.Y. Crim.Proc.L. § 700.50(2), an evidentiary hearing was held August 31 and September 1, 1976, as to the reasons for delay in sealin...
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ORDER The Court has before it certain motions and pleadings which deal with the question of the need for future proceedings in this cause of action. The Court has fully reviewed those documents, and deems that the case has now reached the stage where a final judgment should be entered. Before discussing the pending motions, a brief review of the history of this litigation is in order. ...
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OPINION This case involving judicial review of a milk-pricing decision of the Secretary of Agriculture is before the court for the third time. Presently under consideration are the motion of various dairy cooperatives to intervene, the motion of the Secretary for reconsideration of my decision 1 granting summary judgment, and the question of an appropriate order regarding prospective relief. ...
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MEMORANDUM OPINION AND ORDER The United States appeal of the decision of the Bankruptcy Judge came on for consideration before the Honorable Robert M. Hill, United States District Judge. After considering the record on appeal and the arguments, the court is of the opinion that the Bankruptcy Judge’s findings of fact and conclusions of law should be affirmed. This case began under Chapter XI of the...
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OPINION Alex Metro moves pro se for an order adjusting his sentence of 20 years’ imprisonment imposed by this court on February 14, 1972 as a second offender. He urgues that the court failed to comply with 21 U.S.C.A. § 851(a)(1), Pub.L. No. 91-513, § 411(a)(1). The court will treat the motion *429pro se as having been made under Fed.R. Crim.P. 35 which permits the court to correct an illegal sent...
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ORDER Before the Court is defendant’s Motion to Dismiss. Petitioner is presently an inmate in the United States Penitentiary at Marion, Illinois. Upon his incarceration, prison officials denied him visitation privileges with one Mable Neate. Since that time, however, Mable Neate’s name has been returned to petitioner’s visitation list subject to a restriction limiting her visits to three days ever...
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MEMORANDUM AND ORDER Presently before the Court is plaintiff, Selected Risks Insurance Company’s (SRIC) motion to remand this case to the Court of Common Pleas of Montgomery County, Pennsylvania. The present action was commenced in that court on July 27, 1976, and removed here on August 18, 1976 by petition of defendant, Small Business Administration 1 (SBA). This lawsuit ...
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OPINION AND ORDER Before us are cross motions for summary judgment which present the question of plaintiffs’ right to enjoin defendants from constructing, and thereafter using a crossover on the railroad line running from Westehester-Media, Pennsylvania, through Ridley Township to Philadelphia, Pennsylvania. A prior request for a temporary restraining order was denied because of plaintiffs’ fai...
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ORDER GRANTING MOTION TO STRIKE THIS MATTER comes before the Court on Defendant’s Motion to Strike Plaintiff’s prayers for punitive and compensatory damages for mental distress. The Complaint alleges discriminatory employment practices in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. We Grant Defendant’s Motion to Strike. 42 ...
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OPINION AND RULING ON PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER Plaintiff has moved under Rule 65 of the Federal Rules of Civil Procedure and Section 7 of the Norris-LaGuardia Act, 29 U.S.C. § 107, that a temporary restraining order be entered restraining the defendants from engaging in certain allegedly unlawful acts in the course of their picketing activity at the plaintiff’s place...
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MEMORANDUM OPINION Tycom Corporation (“Tycom”) and Lawrence Holmes, Jr. (“Holmes”) are co-plaintiffs in this action charging the defendants Redactron Corporation (“Redactron”) and Sperry Rand Corporation (“Sperry Rand”) with infringement of United States patent 3,452,851 (the “Holmes patent”) which issued on July 1,1969 to Holmes. This action was originally brought on April 5,1974 only by Tycom as...
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MEMORANDUM AND ORDER OVERRULING MOTION FOR PRELIMINARY INJUNCTION This is an action by a person whose application was denied for admission as a beginning student in the College of Law of the University of Toledo, hereinafter referred to as the defendant, in the class entering in September of 1976. The defendant only accepts beginning students in its College of Law in the fall of each year. The ...
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MEMORANDUM OF DECISION ON DEFENDANTS’ OBJECTION TO GOVERNMENT’S PEREMPTORY CHALLENGES This case poses the troublesome issue of what limits, if any, should be imposed on a federal prosecutor’s use of peremptory jury challenges when such challenges are used frequently to exclude Blacks from serving on criminal juries. The issue arises in the midst of jury selection in a case involving two defenda...
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MEMORANDUM I This is a consolidation of two suits brought to obtain injunctive relief and other. redress from an alleged systematic course of discriminatory conduct directed at the plaintiff because of his race, national origin and religion. Jurisdiction of this court is invoked under Title VII of the 1964 Civil Rights Act as amended and 28 U.S.C. § 1331(a). At a non-jury trial, opening evidence,...
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MEMORANDUM AND ORDER There are presently pending before this Court two motions both brought on behalf of the defendant. The first motion requests a dismissal of the action brought pursuant to 42 U.S.C. § 2000e and the second seeks a dismissal of all claims for back wages under 42 U.S.C. § 1981. This suit is brought to redress grievances for alleged discriminatory employment practices...
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SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 2, 1976, the Fifth Circuit Court of Appeals, while retaining jurisdiction of this case on appeal, remanded it to the District Court for additional findings of fact and conclusions of law with respect to four issues. 538 F.2d 96. (1) What constitutes an unusual and dangerous crossing? *489Plaintiff relied upon the statutory presumpt...
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OPINION AND ORDER These cases are presently before the court for consideration of a number of motions to dismiss. 1 Each plaintiff complains that she has suffered harm resulting from sex-based discrimination at the hands of defendants Talbot Rantoul, Donald M. Lay, Jr., and the Rhode Island School of Design (hereinafter collectively referred to as RISD). The United States of Am...
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OPINION and JUDGMENT Rudyard S. Baxter, a prisoner at White Post Correctional Unit # 7 has filed this pro se suit against Gregory K. Lewis, a Lieutenant and Assistant Superintendent at White Post Correctional Unit # 7, and others at Unit # 7. The petitioner has been allowed to proceed in forma pauperis and his complaint has been considered as a motion for monetary and injunctive relief pursuant to...
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MEMORANDUM AND ORDER This matter is before the Court by way of petitioner’s February 12, 1976 motion for summary judgment pursuant to a petition for writ of habeas corpus filed November 24,1975. Said petition seeks relief from an August 12, 1963 guilty plea to a charge of murder in the District Court of Iowa in and for Calhoun County, Criminal No. 1824. After hearing oral argument pertaining to...
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MEMORANDUM AND ORDER This case was brought by Thelma Mills against various defendants charging discrimination in the termination from her job at the Haym Salomon Home for the Aged 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. § 1983 for violation of her civil rights. Defendants Clare Fox, Joseph Salzman and th...
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This matter came before the Court on plaintiffs’ motion for a preliminary injunction and summary judgment and defendants’ motion to dismiss or stay all further proceedings. Plaintiffs own an “all-electric” lower income housing project containing a total of 128 units that receives mortgage insurance and mortgage interest reduction payments under § 236 of the National Housing Act, 12 U.S.C. § 1715 z...
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MEMORANDUM OPINION Motions to Dismiss I. Introduction In this three-count action, plaintiff Anthony T. Cartolano charges the four named defendants and others with conspiracy to violate and actual violation of his constitutional rights through a systematic pattern of harassment, which allegedly included the abuse of process, unconstitutional search and seizure, malici...
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MEMORANDUM AND ORDER By these actions plaintiffs seek to invalidate Section 209 of Public Law 94-439, the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977; that section became law on September 30, 1976. It provides that: None of the funds contained in this Act shall be used to perform abortions except when the life of the mother would be endangered if t...
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MEMORANDUM OPINION Plaintiff in this action seeks preliminary and permanent injunctive relief against a criminal prosecution pending against him in South Dakota Circuit Court. This matter is now before the Court on several motions, which are as follows: Plaintiff’s motion for a protective order against further discovery by Defendants; Plaintiff’s motion for an “omnibus discovery order”; Defendants...
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*552 MEMORANDUM OPINION Before the Court is a motion by defendant Trott to suppress all the evidence seized in connection with a search of a residence at 1629 Willow Avenue, Pleasant Hills, Wilmington, Delaware, belonging to Trott and his wife, on or about July 23, 1976. 1 This search preceded the return of a three count indictment charging Trott and Martines with dist...
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MEMORANDUM AND ORDER The plaintiff, an inmate, duly and legally confined in the Indiana State Prison claims the benefits of the Federal Fair Labor Standards Act, Title 29 U.S.C. 201 et seq. in regard to a work release program wherein he performs work on a trustee status at Saint Anthony’s Hospital in Michigan City, Indiana, in the criminal detention ward where inmates of the Indiana State...
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MEMORANDUM Petitioner, Joseph Denti, is currently serving an indeterminate prison term of three years for a New York State gambling violation. He seeks a writ of habeas corpus, challenging his conviction on the grounds that 1) it was based on evidence seized in violation of the Fourth Amendment; 2) the trial court’s instructions to the jury were so erroneous as to deny due process; and 3)...
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MEMORANDUM ORDER ON MOTION TO SUPPRESS Defendant has moved to suppress certain evidence seized from his person. A Pennsylvania state search warrant had been issued for premises described as being occupied by defendant and another person. No attack is made on the probable cause adequacy of the search warrant. The city police officers executed the warrant at the premises beginning at about 10 p. ...
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OPINION Defendant in the above-entitled case has been indicted for unlawful possession, with intent to distribute, of heroin under 21 U.S.C. 841(a)(1). Defendant has moved to suppress evidence found during a search, pursuant to a search warrant, on the grounds that the affidavit presented to the magistrate in support of the search warrant issued for defendant’s residence does not on its f...
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MEMORANDUM This is an action for money damages which was properly removed by one of the defendants from Superior Court pursuant to 28 U.S.C. § 1442(a)(1). 1 The plaintiff in this action is a former organized crime figure who has turned government informant and congressional witness. Defendants Manuel and Phelps are, respectively, an investigator for the Senate Permanent Subcommittee on Invest...
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ORDER Petitioner, a state prisoner, is confined pursuant to a judgment following his conviction of a violation of California Penal Code section 187 (murder) in the first degree. 1 He has submitted a petition for writ of habeas corpus and contends (1) that statements taken in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), were erroneously received in evi...
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MEMORANDUM This is a civil action in rem in which the United States seeks an order of the Court enforcing a forfeiture of the Mercedes-Benz vehicle involved herein, pursuant to 21 U.S.C. § 881(a)(4) and pursuant to 49 U.S.C. §§ 781 and 782. Jurisdiction is based on 28 U.S.C. § 1335. The complaint alleges that a 1973 Mercedes-Benz, Vehicle I.D. No. 11501012089216, was registered to one Donald C. Jo...
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*583 MEMORANDUM AND ORDER Petitioner, Thomas Charles Fuller, II, presently incarcerated at Menard Correctional Center, Chester, Illinois, seeks Habeas Corpus relief from a conviction for Murder. 28 U.S.C. § 2254. The Petitioner was arrested on April 28, 1968, and charged with the murder of five children in Coles County, Illinois. On October 23, 1968, he pled guilty to five counts of Murder ...
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*588 DECISION AND ORDER This is an action brought to review a final decision of the Secretary of Health, Education and Welfare (the “Secretary”), determining that the plaintiff ceased to be entitled to disability payments under the Social Security Act (the “Act”) as of January 1971, and that benefits paid between April 1972 and December 1972, inclusive, constituted overpayments that must be r...
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DECISION The plaintiff, BMI, moves to restrain the defendant, CBS, by preliminary injunction from relitigating a copyright misuse claim which has already been tried and determined in this Court by Judge Lasker in the case of CBS v. ASCAP, reported at 400 F.Supp. 737 (S.D.N.Y.1975). That determination is presently on appeal to the Court of Appeals, Second Circuit; the...
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DECISION and ORDER This is an action commenced by a former Professor at the University of Wisconsin— Green Bay against the Chancellor, Dean of the Colleges and Chairman of the Analysis-Synthesis Concentration at the Green Bay campus, and the Board of Regents of the University of Wisconsin (the “Board”). Plaintiff has alleged sex-based discrimination in employment practices on the part of the de...
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DECISION AND ORDER This petition for issuance of a writ of habeas corpus, in which the petitioner challenges the validity of the jury panel from which his jury was drawn, is before the court on the pleadings and the briefs of counsel. Jurisdiction is founded on 28 U.S.C. § 2241, et seq. For the reasons stated below, the petition will be denied. The petitioner Donald Charles Wilson is presently in ...
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AFFIRMATIVE ACTION PROGRAM Introduction 1. This Affirmative Action Program (“Program”) is adopted pursuant to the Decision and Order dated July 18,1975 and the Order and Judgment dated August 28, 1975 and entered in this action on September 2, 1975 (“Order and Judgment”). The goal of this Program is to assure that the nonwhite 1 membership in Local Union No. 28 of the S...
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MEMORANDUM OPINION In this suit several environmental and public interest organizations sue the Secretaries of the Department of Interior, Department of Agriculture, Department of the Army and other Federal government officials claiming that they have violated the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA). Plaintiffs seek a declaratory judgment, injunct...
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This case arises under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e, et seq., and concerns a sex discrimination charge alleging discriminatory employment practices and a retaliatory discharge. Complainant, Ms. Helen Fifield, filed, charges with plaintiff Equal Employment Opportunity Commission (EEOC) op January 9, 1973. On January 10, 1973, plaintiff deferr...
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OPINION I The plaintiff, Phillip R. Hilliard, filed this action based on § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, et seq., as amended, which named Armco Steel Corporation and the Butler Armco Independent Union as defendants. The gravamen of the complaint is that the Union failed to take Hilliard’s discharge to arbitration, thus allowing Armco to improperly dischar...
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MEMORANDUM Grover C. Robinson and William E. Micek, inmates at the Nebraska Penal and Correctional Complex, have each petitioned this court for a writ of habeas corpus. As the issues raised by them are identical — although their status in relation to the issues *666 varies — the cases were consolidated for the purpose of oral argument and will be jointly disposed of in this opinion. The iss...
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OPINION Alfred Lewis was convicted of bank robbery, grand larceny, and assault, after a jury trial in the New York State courts in 1958. 1 He was sentenced to a term of 30 to 60 years. Since then, he has persistently *675 sought to have his conviction vacated on the ground, inter alia, that confessions 2 introduced at his trial were the product of physical and mental coercion. These eff...
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OPINION On May 24, 1976, a motion was made by defendant Mirmelli to suppress evidence obtained in the above-entitled case pursuant to Rules 41(f) and 12(b) of the Federal Rules of Criminal Procedure. A hearing on the motion took place on March 24 and continued to March 25, 1976, prior to the commencement of trial. At the conclusion of the hearing the motion was denied based on the following fin...
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MEMORANDUM IN CONNECTION WITH ORDER APPOINTING SPECIAL AGENT This case under the federal securities laws came on to be heard on plaintiff’s motion for appointment of a Special Agent. The plaintiff (SEC) brought the action in the United States District Court for the District of Columbia to enjoin defendants Beisinger Industries Corp. (“registrant”), 1 Beisinger Industries of Can...
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MEMORANDUM Plaintiff M. R. Damiani Corporation (“Damiani”) has moved by order to show cause for an order, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, staying plaintiff’s disqualification from the Federal Food Stamp Program and enjoining the implementation of that disqualification by the defendant United States Department of Agriculture. The defendant has cross-moved fo...
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These consolidated actions present issues of patent and unfair competition law. In Civil Action No. 74-217, which was originally filed in Delaware, FunnelcaP, Inc. (“FunnelcaP”) asserts four affirmative claims of wrongdoing against Orion Industries, Inc. (“Orion”) and Cal Custom Accessories, Inc. (“Cal Custom”). In Civil Action No. 75-174, which was originally filed in California, Orion and Cal...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff has alleged that defendant’s selection process to fill administrative vacancies in the public school system arbitrarily discriminated against three school officials on the basis of age, contrary to the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. §§ 621 et seq. (1975). The defendant moved for summary judgment prior to...
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MEMORANDUM OF DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In August 1973, plaintiff William D. Cox, in the course of his employment as a carpenter, sustained a painful low back injury. He continued working until October 1973. In the months that followed, plaintiff received extensive medical treatment and physical therapy. In July 1974, he underwent an operation for this cond...
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OPINION This case is before the Court on a motion by the plaintiff for a mandatory preliminary injunction to have his name placed on the November general election ballot. It should be noted at the outset that the constitutionality of the Delaware election statute is not at issue in this case. The defendants concede that the statute is unconstitutional. 1 Joseph F. Mclnerney i...
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ORDER AND MEMORANDUM On May 29,1975 this Court received from plaintiffs a motion for class action certification and determination pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure. The Court now GRANTS plaintiffs’ motion and orders this action to be continued as a class. Further pursuant to Planned Parenthood of Central Missouri v. Danforth,-U.S. -, at ----, 96 S.Ct. 2831,...
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ORDER ON DEFENDANT’S MOTION TO DISMISS The defendant moves this court to dismiss this cause on the following grounds, to wit: 1. Because the complaint fails to state a claim upon which relief can be granted. 2. The court lacks jurisdiction because the amount actually in controversy is less than $10,000.00 exclusive of interest and cost. 3. The court lacks jurisdiction upon any other basis...
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MEMORANDUM AND ORDER This action came to be heard upon the Second Report of the Special Master on Defendant’s State of Compliance with the Court’s order of September 12, 1972. Said report is attached hereto as Appendix A, incorporated herein by reference, and made a part hereof as fully for all intents and purposes as if set forth at length herein. The defendant has filed objections ...
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421 F.Supp. 781 (1976) UNITED STATES ex rel. Nancy ROSNER, on behalf of Thomas LiPuma, Petitioner, v. COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION, and Warden, New York State Correctional Facility, Ossining, New York, Respondents. No. 75 Civ. 3175 (WCC). United States District Court, S. D. New York. September 24, 1976. Supplemental Memorandum and Order October 19, 1976. *782 Nancy Rosner...
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MEMORANDUM AND ORDER Petitioner Thomas LiPuma, currently serving a five-year-maximum term of imprisonment pursuant to a judgment rendered in Supreme Court, New York County, on June 24, 1974, was convicted of second degree burglary and petit larceny after trial to a jury. Having unsuccessfully appealed that judgment to the New York Appel*783late Division and Court of Appeals, petitioner now collate...
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MEMORANDUM AND ORDER These companion cases arose out of an accident which occurred on a construction site in St. Johnsbury, Vermont on September 30, 1971. Marvin Mousseau and Alvin Martin, both employees of Johnson Industrial Painting Contractors, were working on a scaffold suspended on the exterior of an unfinished building when the Manila rope supporting the platform broke, causing both...
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MEMORANDUM ORDER This action was commenced on December 30,1975, by James C. Arritt, whose application for the position of police officer in Moundsville, West Virginia was refused on the ground that he was older than thirty-five years of age and was, for that reason, ineligible to take the required examination. 1 The complaint is in two counts, the first alleging a violation of the Age Discrim...
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ORDER Defendant has filed a motion to suppress evidence obtained from his home on the basis that the officers who began the search were not armed at the time with a search warrant. It is undisputed that at the time of the search a valid warrant had issued after an appearance before the federal magistrate; however, the officers who instituted the search learned of said warrant from a radio commu...
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MEMORANDUM AND ORDER Plaintiffs in this action challenge certain policies and practices of the Philadelphia Gas Works (PGW) which, it is claimed, deprived plaintiffs and others similarly situated of their constitutional rights. Specifically, it is alleged that the defendants, individually and collectively, acting under color of state law, have violated, and continue to violate, the follow...
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MEMORANDUM OPINION On August 3, 1976, Frank L. Trivett, Jr. and Rita J. Trivett, his wife, (“plaintiffs”) filed a handwritten pro se complaint in this court naming the Bank of Delaware, Angelo Falasca and Bernard Balick as defendants. The body of the complaint, signed by the plaintiffs, reads in toto as follows (Docket Item 1): “Do not agree on settlement made in trial on ...
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ORDER GRANTING DEFENDANT OREM CITY’S MOTION TO DISMISS On July 28, 1976, defendant Orem City moved to dismiss the plaintiff’s complaint on the ground that a municipal corporation is not subject to suit under the Civil Rights Act, 42 U.S.C. § 1983 (1970). Plaintiff filed a memorandum in opposition to the motion to dismiss on August 17, 1976, and argued that a municipal corporation is subje...
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MEMORANDUM AND ORDER In this civil rights class action, plaintiffs move for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure on one of the issues which remains before the Court. The action in its entirety concerns the conditions of incarceration for pretrial detainees at the Brooklyn House of Detention (BHD). 1 2 Plaintiffs seek injunctive relief, enjoining de...
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MEMORANDUM AND ORDER This cause is before the court on the various motions of the .defendants to strike *838 the complaint as improperly pleaded and to dismiss for failure to state a claim upon which relief can be granted. For the reasons hereinafter stated, the complaint shall be stricken in its entirety and dismissed. The plaintiff, an attorney, has filed Count One of this action pursuant...
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OPINION This action was brought by Ralph E. Combes, plaintiff (hereafter “Combes”), against Griffin Television, Inc., doing business as KWTV Channel 9, a corporation, defendant (hereafter “KWTV”), under the Age Discrimination in Employment Act of 1967 (ADEA), being Title 29 U.S.C. § 621 et seq., under which Act this Court has jurisdiction. The trial was bifurcated. Trial by jury was held Ju...
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Plaintiff brings this action against the Secretary of Health, Education, and Welfare (Secretary) for declaratory and injunctive relief from certain provisions of an instructional manual published by the So *851 cial Security Administration, Department of Health, Education, and Welfare (HEW). The challenged provisions relate to utilization review requirements medical facilities must...
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MEMORANDUM OPINION This case is before the Court on the application of plaintiff, Alfred Avins, for a preliminary injunction enjoining the defendant, Widener College, Inc., its officers, agents, employees and those of its subsidiary, Delaware Law School of Widener College, Inc., from taking any action to dismiss the plaintiff from his position as professor of law at Delaware Law School. T...
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MEMORANDUM AND ORDER THIS CAUSE comés before the Court on motions for partial summary judgment. Since the Court has previously set forth *864 much of the background information involved in Aleut Corporation v. Arctic Slope Regional Corporation, 410 F.Supp. 1196 (D.Alaska 1976), those matters will not be reiterated here. For present purposes it is sufficient to state...
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MEMORANDUM OPINION AND ORDER This is an action charging false arrest, false imprisonment, and malicious prosecution under 42 U.S.C. § 1983 and the Constitution. The complaint states that Collier was arrested and taken into custody for browsing through literature of questionable social value at a neighborhood store. Charges were later dropped, but the arrest apparently received some publicity anywa...
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MEMORANDUM The United States of America, acting by and through its United States Attorney for the Eastern District of Illinois, filed this complaint for a temporary and permanent injunction, prohibiting Robert Rice, State’s Attorney of St. Clair County, Illinois, or any of his employees, from prosecuting Case No. 76-CF-560 in the Circuit Court of the Twentieth Judicial Circuit,, entitled “The P...
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MEMORANDUM AND ORDER Plaintiffs Douglas Thompson and Gary Johnson, both prisoners confined in institutions under the jurisdiction of the Missouri Department of Corrections, bring this action on behalf of all inmates of the Missouri penal system, seeking to have this Court declare unconstitutional and enjoin the enforcement of the Missouri civil death statute, Mo.Rev.Stat. § 222.010 (1969). A th...
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This cause came on to be heard on motion for summary judgment filed by plaintiffs. At hearing before the court, counsel for all parties were in agreement there was no genuine issue respecting any material fact and that plaintiffs were entitled to the entry of summary final judgment as a matter of law. On the record here, the court so finds and holds. They were also agreed that the record before...
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This matter is before the Court on the motion of the plaintiffs to file an amended complaint and the motion of defendant Chrysler Motors Corp. for partial summary judgment. Plaintiffs, a former Dodge dealership corporation, and its individual owner, have sued Chrysler Motors Corp. (CMC) claiming CMC breached the Direct Dealer Agreement in effect between CMC and Rodrigue Dodge. It is further cha...
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MEMORANDUM OF DECISION This is an action by Pittsburgh Coke & Chemical Company (“PCC”) 1 to recover from the defendant Louis J. Bollo (“Bollo”) damages in the amount of $3,100,000, representing the larger portion of the consideration paid by PCC to him and other stockholders of Standard Aircraft Equipment Company (“Standard”) to complete PCC’s acquisition of a 97% controlling i...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Plaintiff, Howard L. Chapman, a well-to-do Shreveport podiatrist, here seeks to sue the United States upon his claim that his constitutional right to freedom of religion is being breached. Initially we raised the issue sua sponte whether a three-judge court should be convened to hear the constitutional argument plaintiff raises. In light of the jurisprudence...
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ORDER SETTING ASIDE MAGISTRATE’S FINDINGS AND RECOMMENDATION AND REMANDING ACTION TO STATE COURT This state law antitrust action was originally brought in the California Superior Court for San Mateo County. The complaint seeks damages on behalf of a named plaintiff and a class of persons who purchased new Volvo automobiles from California Volvo dealers in the period between 1967 arid 1976....
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OPINION In this case, the court must interpret the scope and meaning of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, enacted into law in the United States as 9 U.S.C. 201 et seq. and the extent of the parties’ contractual agreement to arbitrate. On June 5, 1970, Fuller Company, a Pennsylvania corporation, and Compagnie Des Bauxites De Guiñee [Hereinafter: ...
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MEMORANDUM OPINION Before the court is the defendants’ motion to dismiss the plaintiff’s civil rights action for failure to state a claim upon which relief may be granted. 1 The plaintiff’s complaint alleges that the defendant school board’s determination to relieve the plaintiff of his duties as principal and reassign him to a regular teaching position violated his federally protected rights...
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*956MEMORANDUM AND ORDER In our order of June 18, 1974, Chenoweth v. Weinberger, 376 F.Supp. 1338 (W.D.Mo. 1974), we denied the defendant’s motion to dismiss and remanded the case back to the Secretary to determine whether the requirements of res judicata under 20 CFR 404.937(a) were met, or whether the evidence met the criteria for the reopening of cases under 20 CFR 404.957 and 404.958. The matt...
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OPINION A school board’s decision not to renew the contracts of non-tenured teachers because of an anticipated reduction in student enrollment has resulted in this lawsuit by the teachers and their bargaining representative who allege a denial of procedural and substantive due process in the actions of the school board which left non-tenured teachers without a job for the ensuing school y...
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This is plaintiff’s second action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(3), seeking to compel disclosure of a memorandum, dated October 24, 1952, from President Harry S. Truman to the Secretaries of State and Defense which established the National Security Agency (the Truman Memorandum). In the first action, 64 F.R.D. 1 (E.D.N.Y.), this court held that the document was ex...
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OPINION I. BACKGROUND . Chrysler Corporation and Chrysler Motors Corporation in one action and General Motors Corporation in another action sought injunctions against E. L. Jones Dodge, Inc. prohibiting, proceeding with the prosecution of their joinder in an action in trespass as filed in the Court of Common Pleas of Cambria County. On January 27, 1972, Theodore C. Joseph was seriously injured wh...
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OPINION The Louisiana Education Association (LEA), the Riehland Parish Education (RPEA) and Ms. Lottie S. Dickson brought this action to enforce an order of this Court of June 12, 1975, in Civil Action 15,796, Hope Smith, et al, v. Richland Parish School Board, et a1, and in Civil Action 12,169, United States v. Richland Parish School Board, et al. Plaintiffs named t...
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OPINION AND ORDER INTRODUCTION This suit is brought by a Polish-American against Bethlehem Steel Corporation claiming violation of his rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., to be free from national origin and race discrimination in employment. He seeks injunctive relief as well as reinstatement, back-pay and damages. The case...
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MEMORANDUM AND ORDER This is an action by Mobil Oil Corporation (“Mobil”) against the Commissioner of Patents and Trademarks (“Commissioner”). Mobil claims that the Commissioner’s refusal to extend the sixty-day limit for filing a patent claim in district court was arbitrary and capricious. I. On April 29, 1975, the Board of Appeals of the United States Patent and Trademark Office (“Board o...
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ORDER This matter is before the court on defendants’ resisted motion to reconsider filed September 2, 1976. 1 This action alleging deprivation of civil rights under 42 U.S.C. § 1983 was commenced by plaintiff on September 11, 1974 against seven defendants, each of whom was sued in an individual and an official capacity. At the time of commencement only one defendant was then ...
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MEMORANDUM and ORDER Plaintiff commenced this action pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, alleging that he was wrongfully discharged and that a subsequent decision rendered by a joint arbitration committee upholding such discharge was improper and should be vacated. Defendant has moved to dismiss on the grounds that plaintiff’s complaint is time-...
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The question in this bankruptcy appeal is whether under Georgia law a creditor who records an execution on his superior court judgment against the bankrupt after it is affirmed on appeal acquires a lien as of the date of the trial court judgment or as of the date of its filing for recording. The problem arises because section 67(a)(1) 1 of the Bankruptcy Act makes “null and void every lien . . ...
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*1013MEMORANDUM AND ORDER Andrew DeLillo has been indicted on twelve counts for violations of 18 U.S.C. § 664 (theft or embezzlement from employee benefit plan).1 Contending that the facts charged do not constitute an offense under § 664, he has moved for dismissal. For the reasons set forth below, his motion is granted. I. In determining the motion, we must assume the indictment’s factual allega...
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OPINION AND ORDER This is an action for declaratory, injunctive and monetary relief to recover certain payments made to defendant Interstate Federal Savings & Loan Association (Interstate) by plaintiffs George and Kathryn Schmidt, who prepaid a home loan they had with Interstate prior to the date of maturity. The complaint is based on alleged violations of federal regulations, breach of c...
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OPINION Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility 1 require a lawyer to refuse employment or, if he has already accepted employment, to withdraw from the conduct of a trial when it is known or obvious that he or a member of his firm ought to testify for his client. This Court is here confronted with Defendant’s Motion for Disqualification of ...
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MEMORANDUM Defendant Sheila Paige (“Paige”) brought this motion to suppress the use of her grand jury testimony in the prosecution of her indictment, predicated upon the circumstances of her grand jury appearance. Upon being subpoenaed to testify before the grand jury, Paige retained an attorney, one William Payten Smith (“Smith”). After consultation with the Assistant United States Attorney in...
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*1029 MEMORANDUM OPINION AND ORDER This case involves the following question: Does the court have the power to punish by criminal contempt of court a person for threatening to discharge a juror from employment because of jury service? After oral and written notice specifying the charges and service on the defendants of an order to show cause why the defendants should not be held in contempt...
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MEMORANDUM Judgment was entered in favor of the plaintiff, Bank of Waukegan, an Illinois banking corporation, and against the defendant, Robert H. Freshley, and one John J. Rivelli by the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois, on October 11, 1973. The amount of the Illinois judgment is Seventy-seven Thousand Seven Hundred Sixty-nine and 48/100 Dollars ($7...
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MEMORANDUM AND ORDER This is an action brought by plaintiff under the Truth-in-Lending Act (15 U.S.C. § 1601 et seq.) to recover statutory damages, costs and reasonable attorney’s fees for the defendant company’s alleged violation of the Act and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. The case arises out of plaintiff’s execution of a retail sales installment contract for t...
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MEMORANDUM and ORDER Plaintiff, a licensed school secretary, challenges, under the Civil Rights Act, 42 U.S.C. § 1983, the termination of her probationary employment as violating due process. She seeks a permanent injunction enjoining defendants from terminating her services, reinstatement nunc pro tunc and back pay. Defendants have moved for summary judgment. Rule 56, F.R.Civ.P. *1042The followin...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution, Danbury, Connecticut, seeks judicial relief from a decision of the Board of Parole (hereinafter “Board”) denying him parole. He contends that (1) the Board improperly designated his ease as one within the “original jurisdiction” of the Regional Directors, 28 C.F.R. § 2.17 (1974); (2) the Board’s appl...
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I. This action was begun by a petition of Consolidated Rail Corporation (ConRail) for an injunction against the respondents, who are the Trustees of Penn Central Transportation Company (Penn Central), the Trustee of Michigan Central Railroad Company (Michigan Central), and directors of Canada Southern Railroad Company (Canada Southern) and of Excelsior Truck Leasing Company (Excelsior). Penn Centr...
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On April 19, 1976, we heard argument on a motion by the Penn Central Trustees (the Trustees) for an order directing ConRail to *1056deposit with an appropriate escrow agent all proceeds which it received from the National Railroad Passenger Corporation (Amtrak) and, in case such proceeds were received in the form of credits or offsets against amounts payable by ConRail to Amtrak, amounts equivalen...
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421 F.Supp. 1061 (1976) In the Matter of REGIONAL RAIL REORGANIZATION PROCEEDINGS. Misc. No. 75-3. Special Court, Regional Rail Reorganization Act. May 28, 1976. *1062 *1063 *1064 *1065 John G. Harkins, Jr., Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Consolidated Rail Corp. Wayne S. Kaplan, Covington & Burling, Washington, D. C., for Trustees of Penn Central Transportation Co. Har...
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The Trustees of the property of the Penn Central Transportation Company (PC), of the Erie-Lackawanna Railway Company (EL) and of the Lehigh Valley Railroad Company (LV) have petitioned us to require ConRail to assume the obligations of these carriers under non-contributory group life insurance policies for employees not covered by collective bargaining agreements (non-agreement employees).1 The pe...
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MEMORANDUM OPINION This controversial action has been the subject of consideration for some time. The Cache River — Bayou DeView Channelization Project has been a matter of public interest and discussion since prior to the enactment of the Flood Control Act of 1950. By the Flood Control Act of 1950, Congress authorized construction of the project. Planning funds were regularly appropriated from...
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MEMORANDUM OPINION This suit was instituted under the antitrust laws by L.C.L. Theatres, Inc., a Texas corporation, (“L.C.L.” or “The Long Circuit”) against ten motion picture distributors (collectively referred to hereafter as “distributors”) and their law firm, Sargoy, Stein & Hanft, of New York City, New York, (“Sargoy”). Eleven distributors, including the ten defendants, by countercla...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT FOR DEFENDANTS This is an action under the Civil Rights Act of 1871, Section 1983, Title 42, United States Code, and under the Fourteenth Amendment to the Constitution of the United States. Plaintiff, George D. Owen (hereinafter “plaintiff”), contends that his prior employment as Chief of Police of Independence, Missouri, was terminated w...
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MEMORANDUM OPINION AND ORDER Plaintiff, Andres Saldana, is a 56 year-old uneducated farm laborer who is totally illiterate in any language and understands only Spanish. Saldana brought this action under § 205(g) of the Social Security Act (hereafter “Act”), 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare (hereafter “Secretary”), 1 denying p...
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MEMORANDUM OPINION RANDOLPH DORSEY filed this petition for a writ of habeas corpus on January 9, 1974 raising the claims inter alia that he had been denied the right to confront evidence against him and the right to due process of law by the state’s failure to advise him about a contempt hearing involving the chief prosecuting witness at his criminal trial. This court granted the Respondent’s moti...
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MEMORANDUM ORDER This action seeks a declaratory judgment that Disciplinary Rule DR7-107 of the Code of Professional Responsibility, as adopted by defendant Supreme Court of Virginia, is facially unconstitutional. Plaintiff, Phillip J. Hirschkop, is an attorney duly licensed to practice law in Virginia. As an attorney he is required to be and is a member of the Virginia State Bar. Va...
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421 F.Supp. 1161 (1976) RITE AID CORPORATION, a corporation of the State of Delaware, et al., Plaintiffs, v. The BOARD OF PHARMACY OF the STATE OF NEW JERSEY et al., Defendants. Civ. A. No. 74-1628. United States District Court, D. New Jersey. September 14, 1976. *1162 Robinson, Wayne & Greenberg by Donald A. Robinson, Ronald J. Riccio, Newark, N. J., for plaintiffs. William F. Hyland, Atty. ...
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OPINION The plaintiffs in this case have filed suit seeking a judgment declaring the Delaware election law unconstitutional and a mandatory injunction ordering the names of former Senator Eugene J. McCarthy and John H. Stouffer placed on the November, 1976, general election ballot. The defendants have waived their right to trial and have *1195 submitted the case for final judgment based on th...
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MEMORANDUM DECISION The United States has brought this action to collect civil penalties from the defendants Golden Fifty Pharmaceutical Co., Inc. (Golden Fifty), and Michael Posen, Golden Fifty’s president, pursuant to 15 U.S.C.A. §§ 45(7), 49, and 52, for violation of a Federal Trade Commission cease and desist order which became final on June 29, 1970. The United States also requests p...
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OPINION This six year old diversity action was tried without a jury on June 30 and July 1, 1976. Plaintiff Kurt Schmieder, a citizen of the Federal Republic of Germany, seeks to impress a constructive trust upon certain property of the estate of the late Helen B. Dwyer. The defendant Louis Hall, Jr., an attorney, is the executor and a principal beneficiary of the Dwyer estate. In ess...
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MEMORANDUM AND ORDER Defendant moves to dismiss the complaint on grounds of res judicata, claiming that all issues tendered by the instant complaint have been decided adversely to plaintiff in a previous action between the same parties having the same caption and bearing Index No. 69 Civ. 1939, D.C., 421 F. Supp. 1208. The complaint in the 1969 action was dismissed after a bench trial. After plai...
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MEMORANDUM Plaintiffs, inmates of the Virginia penal system, bring this action under 42 U.S.C. § 1983 to redress alleged unconstitutional treatment during the course of their incarceration in certain of Virginia penal institutions. Specifically, the plaintiffs contend they were denied due process of law in transferring and reclassification proceedings and that they are unconstitutionally denied...
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OPINION This opinion marks another chapter in a major piece of litigation which has already produced a series of temporary restraining orders, numerous discovery and other miscellaneous orders, a preliminary and now permanent injunction, and a reported opinion. Hodges v. Klein, 412 F.Supp. 896 (D.N.J.1976). The case essentially involves a constitutional challenge to the creatio...
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MEMORANDUM OPINION AND GRANT OF SUMMARY JUDGMENT This action arises under the National Traffic and Motor Vehicle Safety Act of 1966 (“the Act”), 15 U.S.C. § 1381 et seq. (1970), as amended, (Supp. V 1975). The plaintiff, the United States, has moved for summary judgment requiring defendant Ford Motor Company (“Ford”) to comply with an order of the National Highway Tr...
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MEMORANDUM The United States Forest Service awarded a contract to clear certain lands under its jurisdiction to Troy Luther and Bill Billing-ton. Luther and Billington hired plaintiff’s decedent to do some of the work; while working alone one day at the site, he died in an accident. A worker’s compensation remedy proved futile because Luther and Billington had not obtained insurance to co...
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MEMORANDUM OPINION Plaintiffs Lester G. Maddox and William D. Dyke aspire to become President and Vice-President of the United States respectively. Plaintiffs Alice M. DeLude, Lucelia Jones and Arthur McKinney seek to become presidential electors from the State of Delaware committed to vote for Maddox and Dyke. Plaintiff Clarence McKinney, a registered Delaware voter, desires to vote for and en...
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MEMORANDUM AND ORDER These two cases present a common issue of jurisdiction under Title I of the Employee Retirement Income Security Act of 1974, Pub.L. 93-406 (2 Sept. 1974), 29 U.S.C. § 1001 et seq. [hereinafter “the Act”]. Both cases were originally filed in state court and removed to this federal district court by the common Defendant, General Motors Corporation [hereinafte...
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MEMORANDUM OPINION Before the court is the plaintiffs’ motion for a preliminary injunction restraining the state defendants from refusing to process plaintiffs’ applications for Special Unemployment Assistance [SUA] on the basis of an administrative determination that plaintiffs fall within the exclusion to eligibility delineated in 26 U.S.C. § 3304 note 210. The facts surrounding this ac...
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DECISION and ORDER The defendant Juan A. Morales has moved for a severance of his trial from that of his co-defendant John Veloz, pursuant to Rule 14, Federal Rules of Criminal Procedure. I believe that this motion should be granted. The defendants are charged in a three-count indictment with violations of 21 U.S.C. 841(a)(1). The defendant Veloz is charged in counts I, II, and III with possession...
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OPINION This action results from a complex series of international commercial and financial transactions arising from an apparent attempt by Nigeria to corner the world’s cement market. Following is a brief recitation of the relevant facts. 1 On March 1, 1975, an agreement was reached by which the Federal Republic of Nigeria promised to purchase from J.L.M. International, Inc. ...
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RULING ON MOTION TO STRIKE DEMAND FOR JURY TRIAL Defendants’ motion to strike plaintiffs’ jury demand in this oil spill case raises important questions concerning the availability of federal jurisdiction for water pollution claims. The plaintiffs in this action claim damages for injuries arising out of an oil spill in Bridgeport harbor in 1970. The complaint alleges that while a cargo of ...
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OPINION Moving defendants’ (William Drisler, Jr., Edward Whitmore, Robert Lear, Richard Powers and John O’Sullivan) application for an order dismissing the complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, is granted. Plaintiff’s cross-motion for summary judgment against these defendants, is denied. FACTS This is...
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MEMORANDUM AND ORDER Plaintiff, Titan Environmental Construction Systems, Inc. (“Titan”), brought this action against the School District of Philadelphia (“School District”), seeking compensation for architectural services rendered by it to the School District. The case was tried, non-jury, before this Court. After careful consideration of the conflicting testimony and exhibits presented at trial,...
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OPINION Steven Paul Rombom, charged as a juvenile delinquent, moves for an order declaring Section 5032 of the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031 et seq. (1974), unconstitutional on its face and as applied on the ground that that section places an impermissible burden on his Fifth Amendment right to plead not guilty and his Sixth Amendment right to a trial by jury. The pertin...
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MEMORANDUM AND ORDER PRELIMINARY STATEMENT On March 5,1974, the floating steel barge M. P. HOWLETT # 19 was engaged in loading and unloading cargo containers from the Soviet vessel m/v NOVOLVOVSK at a Brooklyn, New York pier. At about 5:30 P.M. a topping lift cable of the barge’s crane parted and the boom fell to the deck of the barge. After the incident, two longshoremen, John Bonci...
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MEMORANDUM Plaintiffs are welfare recipients who challenge 18 N.Y.C.R.R. § 358.8(c)(1) insofar as it permits public assistance benefits to be reduced, terminated or suspended prior to a “fair hearing” decision, when the State Department of Social Services unilaterally determines that the change in aid is based solely on issues of state law or policy. They seek a preliminary injunction aga...
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OPINION AND ORDER OF THE COURT These are class actions seeking declaratory and injunctive relief against the reduction of general assistance benefits as a consequence of the receipt of federal food stamps, alleged to be in violation of Section 2019(d) of the Federal Food Stamp Act, 7 U.S.C. § 2019(d) (Supp.1976). Plaintiffs in each case are recipients of federal food stamps who allege tha...
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OPINION Plaintiff and defendant cross-move, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in this action for payment upon an automobile accident insurance policy. 1 The underlying facts of this suit are undisputed. 2 Defendant, Government Employees Insurance Company (“GEICO”), issued a Family Combination Automobile Policy to Donald P. White, a member of t...
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*1328 MEMORANDUM AND ORDERS REMANDING CASES TO STATE COURTS FROM WHENCE THEY WERE REMOVED I. These cases reflect the latest effort on the part of the United States Attorney’s office to remove ancillary garnishment proceedings commenced in State courts to collect judgments rendered in those courts against employees of the United States Postal Service. 1 Case No. 76...
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MEMORANDUM Plaintiff commenced this diversity action against W. R. Grace & Company (“Grace”) to recover damages resulting from an alleged breach of an employment contract. Specifically, plaintiff asserted that Grace failed to pay him an incentive bonus, as well as certain raises, educational benefits, severance benefits and equipment commissions, in accordance with his employment contract...
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OPINION AND ORDER I. Preliminary Statement This is a welfare rights case founded upon an allegation of conflict between the Pennsylvania Department of Public Welfare (DPW) Manual and the Federal regulations promulgated under the Social Security Act. Plaintiffs Ellen Gurley and Josephine Gurley are sisters. Ellen and her minor daughter reside in a house in Philadelphia, Pennsylvania with Jos...
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*1349 MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Defendant’s Motion for Withdrawal of Plaintiff’s Counsel. The Motion, which was an alternative motion filed in the event that this Court denied Defendant’s cross motion for summary judgment, is based on Canon 5 of the Code of Professional Responsibility. This Court denied Defendant’s cross motion for summary...
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*1357OPINION The Defendants were charged in a six count indictment with violations of Title 18 of the United States Code, Section 371 (conspiracy), Section 1502 (obstruction of justice), and Section 1623 (making a false material declaration to a grand jury, and/or perjury). After conviction by a jury, Defendants now contend the evidence was insufficient to support such convictions and that errors...
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Claiming unlawful searches and seizures, in violation of the Fourth Amendment, P. I. Nwamu Associates, Inc. (“the corporation”) and Patrick I. Nwamu move for the return and suppression of the “seized” evidence and to quash grand jury subpoenas duces tecum served upon certain of the corporation’s employees on April 15 and 16, 1976. The circumstances surrounding the employees’ surrender of docume...
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MEMORANDUM DECISION This case is brought under the diversity jurisdiction of the federal courts, 28 U.S.C. § 1332, and presents an unresolved question of Florida law. Substantive state law, of course, controls. Presented here is an issue pertaining to Florida law on which its courts have not ruled. Thus, this court must try to determine what the Florida courts would hold, were the issue befor...
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MEMORANDUM OPINION REGARDING MOTION TO SUPPRESS Endia Allen is presently under indictment for the possession of heroin with intent to distribute, 21 U.S.C. 841(a)(1). She has brought this motion to suppress as evidence *1373 a quantity of heroin seized by federal drug agents at the time of her arrest. The material facts were stipulated by counsel at hearing on the motion. On March 21,1976 a...
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OPINION AND ORDER I. Preliminary Statement This is a labor arbitration case which presents the question whether to vacate or enforce an arbitrator’s award ordering the Sun Oil Company (the company) to alter a work assignment that it had made at its Marcus Hook, Pa. refinery over protest of Oil, Chemical and Atomic Workers, Local 8-901, AFL-CIO (the union).1 The dispute which led to the arbitrator...
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421 F.Supp. 1387 (1976) In re Carl Lynn KNIGHT and Linda Wilson Knight, Bankrupts. CITY NATIONAL BANK OF BATON ROUGE, Plaintiff, v. Carl Lynn KNIGHT and Linda Wilson Knight, Defendants. Nos. 75-480, 75-481. United States District Court, M. D. Louisiana. November 5, 1976. *1388 Judith Atkinson Chevalier, Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, La., for plaintiff-appellant. Willi...
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Carl Knight and Linda Knight were adjudicated bankrupt in a voluntary petition filed on October 7,1975. Subsequently City National Bank of Baton Rouge filed a creditor’s objection to the discharge, alleging that Carl Knight had obtained credit from them by means of a fraudulent financial statement, and urged that this debt be declared by the referee to be nondischargeable under § 17(a)(2) of the B...
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