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All Reporters → f-supp → Volume 428

Opinions in f-supp Volume 428

MEMORANDUM ORDER Petitioner seeks a writ of habeas corpus following his conviction, with two co-defendants, of criminal possession of dangerous drugs (1st and 4th degrees) after a jury trial in State Supreme Court, Kings County. He is presently serving a sentence of 15 years to life imprisonment. The judgment of conviction was unanimously affirmed by the Appellate Division, 46 A.D.2d 740,...
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OPINION This cause is before the Court for summary final judgment of the controversy between the remaining parties, Central National Insurance Company, plaintiff, and Transit Casualty Company of St. Louis-, defendant, concerning contribution between the two insurers for amounts paid on behalf of their insureds as a result of litigation' in the Florida State Courts. This cause arose out of a colli...
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MEMORANDUM OPINION AND ORDER This is an action for damages, injunctive and other relief by a former employee against his former employer, his local union and its parent national union. Inter alia, the plaintiff charged “ * *' * that the [defendant Telephone Company and the [defendant Unions maliciously and in bad faith conspired and colluded to deprive him of seniority rights u...
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MEMORANDUM AND ORDER Plaintiff in this action, having been dismissed from his job, seeks reinstatement and damages for an alleged breach of a collective bargaining agreement. Defendants are the Capitol Printing Ink Co., Inc. (“Capitol”), plaintiff’s former employer; Washington Printing Specialties and Paper Products Union No. 449 (“Union”), the exclusive bargaining representative at Capitol and...
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This matter comes before the Court for decision subsequent to trial to the Court and the submission of final argument. In accordance with F.R.Civ.P. 52, the Court makes the following findings of fact and conclusions of law regarding liability for the sinking of the dredge in question. Plaintiff is engaged in the sand and gravel business and has a sandpit in the vicinity of Valley, Nebraska. In 196...
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ORDER The court has examined the Petition for Writ of Habeas Corpus together with the Motion for leave to proceed in forma pauperis and required affidavit presented to the clerk of this court by the above-named petitioner, a federal prisoner at the Federal Reformatory, El Reno, Oklahoma, in the Western Judicial District of Oklahoma. It appears therefrom that the petitioner does not challenge the v...
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ORDER The above-named petitioner a federal convict confined in the Federal Reformatory at El Reno, Oklahoma, has filed this proceeding for writ of habeas corpus in which he attacks the validity of a Detainer lodged by the State of .Illinois with the respondent and claims that the allegedly invalid Detainer is depriving him of the opportunity to participate in various programs at the institution. ...
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MEMORANDUM AND ORDER On June 9, 1976, this Court entered an order dismissing the complaint, inter alia, insofar as it purported to claim a violation of the federal Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., for the reason that plaintiff failed to seek relief from the Pennsylvania Human Relations Commission prior to instituting suit in federal court a...
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ORDER The court has examined the Petition for Writ of Habeas Corpus presented to the clerk of this court by the above-named petitioner together with the Motion for leave to proceed in forma pauperis and the required affidavit. It appears therefrom that the petitioner claims that his detention by virtue of the judgment and sentence of the District Court of Oklahoma County, Oklahoma, in case No. CRF...
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MEMORANDUM OPINION This is a claim under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq., alleging discrimination during employment because of race and a subsequent reprisal by discharge for plaintiff’s having complained to the Equal Employment Opportunity Counsellor. Backpay and injunctive relief are sought. The case was tried to the Court following full discovery. Plaintiff was a f...
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ORDER Plaintiff and Defendant were formerly husband and wife. They were divorced in the District Court of Hughes County, State of Oklahoma on February 28, 1973 which is the date the Divorce Decree was entered. Pursuant to said divorce proceedings, the parties executed a Property Settlement Contract which was approved by the State Court and such approval was incorporated into the Divorce Decree en...
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ORDER This is a proceeding for writ of habeas corpus by a state prisoner confined at the Lexington Regional Treatment Center, Lexington, Oklahoma, in which he challenges the validity of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma in case No. CRF-72-2350. The respondents have filed *35 their Response by and through the Attorney General for the State of...
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MEMORANDUM AND ORDER Plaintiff is seeking documents from the Central Intelligence Agency concerning the Agency’s basis for determining that it is authorized to engage in covert activities against foreign nations. The documents were initially requested in April and July of 1975 and, following administrative appeals, this action was brought in July, 1976. * All the documents requested, includ...
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MEMORANDUM In this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, the Court is faced with complex questions regarding the interaction of this civil rights complaint with a previously dismissed petition for habeas corpus filed by the same prisoner. Plaintiff is presently incarcerated at the State Correctional Institution in Huntingdon, Pa. The action has been brought against the su...
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MEMORANDUM DECISION The plaintiff Robert Grant brought this action for breach of a collective bargaining agreement pursuant to § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 (1970), against his employer, Mulvihill Brothers Motor Service, Inc. (Mulvihill), and his Union, Chicago Truckdrivers, Helpers, and Warehousemen of Chicago and Vicinity. Pending for decision is the Union...
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MEMORANDUM This matter is before the Court upon motions filed by defendants McCluskey and defendant Little Flower Nursing Home to dismiss plaintiff’s complaint, because of lack of jurisdiction and because the complaint is time-barred by the applicable statute of limitation. Plaintiff filed this suit, pursuant to 42 U.S.C. § 2000e et seq., 28 U.S.C. § 1343 in conjunction with 42 U.S.C. §§ 1981 and ...
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MEMORANDUM AND ORDER The defendants, Milgo Electronic Corporation (“Milgo”) and International Communications Corporation (“ICC”), have moved to transfer the first cause of action in this case to the United States District Court for the District of Kansas pursuant to 28 U.S.C. § 1404(a). The major question presented is whether Kansas is a district in which this cause of action “might have ...
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*57MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq., after her claim was heard and denied by an administrative law judge (ALJ) and by the Appeals Council of the Social Security Administ...
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DECISION and ORDER The defendant and third party plaintiff Firemen’s Insurance Company of Newark, New Jersey, has moved to transfer this action to the United States district court for the southern district of Iowa. None of the other parties has filed any response to this motion. I believe that the motion for transfer should be granted. 28 U.S.C. § 1404(a) provides: “For the convenience of' partie...
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ORDER This matter is before the court on plaintiffs’ motion for a preliminary injunction. Plaintiffs, a purported class of California business people, seek to restrain defendant from enforcing Sections 16721 and 16721.5 of the California Business and Professions Code (hereinafter referred to as “the Act”), pending the court’s consideration of the Act’s constitutionality. In response, defendant ha...
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OPINION ON MOTION TO DISQUALIFY General Electric sues Valeron claiming infringement of its United States Patent No. 3,341,920 and has now moved for an order to disqualify Bernard J. Cantor and the firm of Cullen, Settle, Sloman & Can- ■ tor, P. C., as attorneys for Valeron Corporation, defendant herein. General Electric Company is organized and exists under the laws of New York and V...
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MEMORANDUM-ORDER This is an action for declaratory and injunctive relief and damages for discrimination on account of race, religion, sex and national origin in federal employment, specifically, by the Department of Agriculture. Plaintiff seeks to base this action on the Fifth Amendment to the Constitution, the Civil Rights Act of 1866, 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 196...
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RULING ON GOVERNMENT’S MOTION FOR PSYCHIATRIC EXAMINATION OF DEFENDANT The Government has moved for an order requiring the defendant to submit to a psychiatric examination for purposes of developing evidence bearing upon the defendant’s mental responsibility. A prior examination ordered solely for purposes of determining the defendant’s competency to stand trial was conducted and resulted in a ...
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DECISION and ORDER The defendants have moved for dismissal. The motion of the American Postal Workers Union is based on an alleged failure to state a claim against it, and the United States’ motion is based on the same ground plus its contention that there is a lack of subject matter jurisdiction. I conclude that the defendants’ motions must be granted. In his complaint, Mr. Sullivan charges ...
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ORDER FINDINGS OF FACT A. B. Morrison, a North Carolina state prisoner, seeks habeas corpus, alleging violation of his right under the Sixth Amendment to a speedy trial. Petitioner and a friend and business acquaintance named George E. Cox were charged in the Superior Court of Mecklenburg County, North Carolina, with the crime of first-degree murder, allegedly committed on September 4, 1969. Cox a...
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OPINION RE MOTION FOR SUMMARY JUDGMENT Plaintiff, The Dow Chemical Company, initiated this action for declaratory and injunctive relief against defendants, the Director of the Michigan Employment Security Commission and the United Steelworkers of America. 1 Dow challenges the payment of unemployment compensation by Michigan to strikers; specifically, Dow seeks to prevent paymen...
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MEMORANDUM AND ORDER This action for copyright infringement comes before the Court on defendant’s motion for summary judgment. For the reasons expressed hereinafter, this Court has determined that even when all of the issues of fact are resolved in favor of the plaintiff, the defendant is entitled to judgment. There are no genuine issues of material fact which must be decided if this case...
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MEMORANDUM OF DECISION PRELIMINARY STATEMENT The United States brought this suit to procure an order requiring T. R. McGuirt, President and sole stockholder of McGuirt’s Electric, Inc., a corporation, to comply with a summons to appear before Special Agent Edwards, of the criminal investigation (Intelligence) division of the Internal Revenue Service, and produce corporate records bearing on McGuir...
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MEMORANDUM Leave to file this petition for a writ of habeas corpus in forma pauperis was granted by a judge of this district pursuant to the practice of this Court. We now examine the petition to determine whether under the facts as alleged petitioner should be permitted to further prosecute the action. The petition (which deviates in large measure from that mandated by Rule 2 of the Rules Governi...
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PRELIMINARY INJUNCTION Robert Faulkner, an employee of the North Carolina Department of Correction, brought this action under 42 U.S.C. § 1983 complaining that his discharge by the de *101 fendants deprived him of liberty and property without due process of law and that his suspension and final termination were racially motivated, thus depriving him of equal protection of laws. A hearing wa...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court, and the Court has been duly advised by testimony, exhibits and briefs. Findings of Fact 1. Plaintiff is a married, white, female, who moved from California to Missouri in September 1973. 2. Defendant is a corporation engaged in the manufacture and sale of pharmaceutical products. The Division in question is located in St...
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*107 DECISION and ORDER The defendant Clarence Swets has moved to dismiss the complaint against him on the ground that it fails to state a claim upon which relief can be granted. The action is one brought pursuant to the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 1981, et seq. Treble damages are sought because of an alleged failure to disclose the true mileage of a certain Ch...
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DECISION and ORDER This is a civil rights action. The plaintiffs allege that the defendants have engaged in surveillance in violation of the plaintiffs’ constitutional rights. The motions presently before the court relate to discovery sought by the plaintiffs from certain defendants. In case 76-C-746, the defendant Harold A. Breier, chief of police of the city of Milwaukee, has moved for a protect...
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ORDER This matter comes before the court after a slow progress through judicial process. Following several delays incident to consideration of the matter by each judge to whom this request for assistance rotated, an order denying assistance was entered by Chief Magistrate Goldsmith on December 20, 1976. The United States, acting on behalf of the Republic of Korea, moved to set aside this ...
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MEMORANDUM This is a motion by the government to dismiss the indictment, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, as against the following defendants: N.V. Amsterdamsehe Chininefabriek, N.V. Nederlandsche Kininefabriek, Bandoengsche Kininefabriek Holland N.V., ACF Farmaceutische Groothandel N.V., N.V. Bureau Voor der Kinineverkoop “Buramic,” Carel N. van der Spek...
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MEMORANDUM This case is before the Court, pursuant to 5 U.S.C. § 702, for judicial review of final agency action taken by the Federal Highway Administration pursuant to section 116 of the Federal-Aid Highway Act of 1973, 23 U.S.C. § 117 (Supp. V 1975). Specifically, plaintiffs challenge the defendants’ decision to approve the State of Georgia’s plan for Certification Acceptance (CA) under section...
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OPINION The plaintiff, a Pennsylvania corporation which operates a harness horse racetrack, has brought this action alleging that the defendants, acting through the Pennsylvania Harness Horsemen’s Association (PHHA), have violated the Sherman Act, 15 U.S.C. § 1, by attempting to restrain trade and to boycott the plaintiff’s business. The PHHA is a non-profit corporation whose membership i...
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OPINION Plaintiff, Ella Logan, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1981 and 1983, alleging racial and sexual discrimination by defendants. Specifically, she claims that she was discriminated against, on account of her sex and race, when defendants, St. Luke’s Hospital Center (“St. Luke’s”) and Robert Nelson, Director of...
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OPINION AND ORDER HISTORY AND CONTENTIONS In this an antitrust action, plaintiff, Mobilfone of Northeastern Pennsylvania, Inc. (Mobilfone) seeks to restrain the defendant, Commonwealth Telephone Company (Commonwealth) from establishing a one-way radio signaling service in the greater Wilkes-Barre area, alleging violations of Sections 1 and 2 of the Sherman Anti-Trust Act, 15 U.S.C. §...
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OPINION AND ORDER Plaintiff is a Pennsylvania resident corporation and defendant is an Indiana corporation. The amount in controversy exceeds $10,000 and, therefore, jurisdiction is based upon 28 U.S.C. § .1332. In this diversity action plaintiff, FinanceAmerica Credit Corporation (FinanceAmerica) seeks to recover for an alleged breach of a guaranty contract by defendant, Kruse Class...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT I Plaintiff filed the within action on April 14, 1976, seeking damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(c), 2671-2680. Plaintiff alleges that, in May, 1971, Steven Markoff, its president, voluntarily surrendered one United States silver dollar, dated 1893-S, to an agent of the United States Secret Service, in Los Angeles,...
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MEMORANDUM OF DECISION AND ORDER Robert Gibb and Sons, Inc., a North Dakota corporation, Plaintiff, initiated this action alleging it sustained damages of loss of profits in the amount of $115,000 caused by the delay in transmitting two telegrams over Defendant’s facilities from Fargo, North Dakota to Bismarck, North Dakota, concerning bids on the plumbing, heating and ventilation of a building a...
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MEMORANDUM This is an action for injunctive relief brought by plaintiffs Melvin Packer and William Cherilla under Sections 101, 102 and 609 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 411, 412 and 529. Plaintiffs are members in good standing of defendant Local 249 of the International Brotherhood of Teamsters; they are also active members of Teamsters for a Demo...
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MEMORANDUM Plaintiffs, stockholders in Keystone Coca-Cola Bottling Company (“Keystone”), bring this action against that corporation and its directors individually, alleging various acts of corporate mismanagement. Jurisdiction is based on the Securities Exchange Act of 1934,15 U.S.C. § 78aa, and on diversity and amount in controversy. 28 U.S.C. § 1331. Although the case is of relatively recent ...
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OPINION This is an admiralty action tried to the Court arising out of the grounding of an oil barge (“Barge B No. 95”) which was being push towed by the tug JUDY MORAN north up the Hudson River on the evening of October 17-18, 1973. The defendants and third-party plaintiffs, Moran Towing & Transportation Co., Inc. and the tug JUDY MORAN (hereinafter collectively referred to as “Moran”), s...
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OPINION Plaintiff Sandra McAdams complained under 42 U.S.C. § 2000e that Defendant Thermal Industries, Inc., discriminated against women in employment and in firing her because of her sex. Defendant has moved for summary judgment on the basis that the Court lacks subject matter jurisdiction because the EEOC failed to notify the Defendant of the charges within 10 days as required by § 2000...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On July 20, 1973, plaintiff Douglas Seward, Jr., filed his action to recover a bonus *163 which he claims is due him in connection with his employment with the defendant Union Pump Company during 1971. The defendant has denied owing the plaintiff any further money and has filed a counterclaim to recover one-half of the compensation it paid to the plaint...
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MEMORANDUM OPINION Plaintiff claims that regulations of the Department of the Interior governing the hours during which sport hunting of migratory game birds may occur violate a number of treaties, the Migratory Bird Treaty Act, 16 U.S.C. § 704, the Endangered Species Act of 1973, 16 U.S.C. §§ 1531, et seq., and the Administrative Procedure Act, 5 U.S.C. § 706. The parties have...
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ORDER The question raised by this petition for writ of habeas corpus is whether or not petitioner was unconstitutionally denied a hearing on the issue of his competence to plead guilty under Sieling v. Eyman, 478 F.2d 211 (9th Cir. 1973). Sieling requires a hearing whenever a trial judge has, or should have, a good faith doubt as to the competence of a defendant to knowingly and intelligently waiv...
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OPINION The plaintiff employer, Jessop Steel (Jessop) brought an action on June 3, 1976 against United Steelworkers of America (USW), Local Union No. 1141 (Local) and 13 individual employees of the Electric Furnace Department of Jessop in the Common Pleas Court of Washington County, Pennsylvania. The defendants removed the case to this court pursuant to 28 U.S.C. § 1441(b), asserting that this co...
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This is an action brought by Kaiser Aluminum and Chemical Corporation challenging on several grounds 1 actions of the Consumer Product Safety Commission (hereinafter “CPSC” or “the Commission”) with respect to aluminum branch circuit wiring. Kaiser sought both preliminary and permanent injunctive relief. The Commission moved to dismiss the complaint. In an earlier Opinion I denied bo...
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MEMORANDUM This matter is before the Court on defendant’s motion with accompanying memorandum filed 18 February 1977, seeking enforcement of its motion for production of documents. Plaintiff filed his responsive memorandum on 4 March 1977 and the motion is now ripe for disposition. Defendant sought discovery of certain documents from plaintiff. Plaintiff refused to deliver the docume...
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MEMORANDUM This is a pro se Petition by Alfred Taylor pursuant to 28 U.S.C. § 2255 for “Habeas Corpus and/or a Motion to Vacate Judgment of Conviction and Sentence or Modify and Other Relief.” The basis for seeking relief appears to be that petitioner is aggrieved by the application of the Parole Board Guidelines to his case. On September 9, 1975, Taylor appeared before me for sentencing following...
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MEMORANDUM This is a pro se petition by Herbert Myles under 28 U.S.C. § 2255 seeking to vacate a sentence imposed on him for bank robbery in United States v. Herbert Myles, Criminal No. 69-183. The ground for the petition is that application of the 1973 Parole Board Guidelines to his case have frustrated the sentencing judge’s intent. It is apparent from the record papers that there is no merit to...
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DECISION AND ORDER This is a civil rights action in which the plaintiff, Thomas F. Stockheimer, alleges that the defendants conspired to deprive him of his constitutional rights in violation of 42 U.S.C. §§ 1983, 1985, and 1986. The plaintiff seeks $100,000 compensatory and $300,000 punitive damages from the defendants. The named defendants are Steven C. Underwood and John R. Byrnes, Assistant ...
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ORDER Robert and Locketta Stephenson, plaintiffs, filed this suit on October 20, 1976, against three car sellers and one car salesman under Section 409 of the Motor Vehicle Information and Costs Savings Act, 15 U.S.C. § 1989, alleging that one or more of the defendants altered the odometer reading of a car sold to the plaintiffs. Plaintiffs are residents of Lancaster, South Carolina....
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MEMORANDUM This matter is before the Court upon defendant’s motion for summary judgment. This is an action based upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. This motion raises an issue as to whether filing requirements imposed by Title VII can be “tolled” by the institution of grievance procedures under a union contract. The Court first examines the relevant facts he...
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MEMORANDUM AND ORDER This discovery dispute presents unusual circumstances. Plaintiff Reliance Insurance Company (“Reliance”), as its name implies, is engaged directly and through its subsidiaries, in underwriting casualty, property and life insurance in many states and abroad. Most of its common stock (96.9%) is owned by Reliance Financial Services Corporation, the common stock of which ...
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FINDINGS OF FACT The case was tried to the court sitting without a jury pursuant to a stipulation of the parties. Defendant was indicted on three counts. Count III was dismissed on motion of the United States. Counts I and II charged violations of 26 U.S.C. § 7206(1), alleging that defendant’s gross income was understated in the 1971 return in the amount of $46,350.00 and in the 1972 return i...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case comes before the Court in a Petition for Limitation of, or Exoneration from Liability filed by Consolidated Machines, Inc. Seven persons, i. e., James C. Johnston, as Personal Representative of five estates, those of Joseph K. Winter, Francis L. Winter, Francis Webb, Kenneth Smith and Stephen Richmond, on behalf of the statutory beneficiaries of...
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MEMORANDUM AND ORDER Plaintiff, a physician, lost considerable hearing in her left ear in 1968. In this complaint filed in August, 1974, she alleges that her injury was caused by defendants’ drug Aralen (chloroquine phosphate), which the Public Health Service prescribed for her over a long term as an antimalarial prophylaxis while she was in Nigeria in government service. She has received...
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OPINION The plaintiffs’ complaint of June 12,1975 seeks declaratory and injunctive relief against the Secretary of Agriculture, Earl L. Butz. The jurisdiction of the court is grounded upon 28 U.S.C. §§ 1337; 1361. The essence of the plaintiffs’ claim is that Secretary Butz has improperly included rent subsidies paid by Housing and Urban Development in calculating income for food stamp pur...
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ORDER This is a proceeding for writ of habeas corpus by a State prisoner who claims that his detention by virtue of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma in case No. CRF-73-1302 is unlawful because his constitutional rights were violated at his trial when his court-appointed attorney stipulated with the prosecutor concerning the testimony of the m...
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ORDER DENYING MOTION TO SUPPRESS Defendant Scotten has moved to suppress the testimony of John Byron, claiming it to *257 have been the fruit of the illegal search of the Santa Rosa Mini Warehouse and the exploitation of the evidence there obtained in the interrogation of Byron by DEA officers. As a consequence of such interrogation, Byron confessed and agreed to become a Government witness i...
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MEMORANDUM OF DECISION This decision shall constitute this court’s findings of facts and conclusions of law pursuant to Rule 52(a) following trial of this action from September 2, 1975 to September 12, 1975. This is an action for patent infringement brought by Beyer, the patent holder, and his wholly owned exclusive licensee, Lewart Company, charging defendant Acco with infringement ...
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ORDER Pursuant to Title 28, United States Code, Section 2255, the above-named petitioner, an inmate at the United States Penitentiary, Leavenworth, Kansas, has moved the court to vacate the judgment and sentence of this court in case No. CR-72-16 on the following grounds: “(a) Coerced Plea of Guilty (b) No Factual Basis for Acceptance of Plea (c) Prior invalid convictions were considered by the co...
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OPINION Defendants have moved for an order pursuant to rules 12 and 48 of the Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments of the United States Constitution dismissing the indictment herein on the grounds (1) that the government delayed presenting evidence to the grand jury in this case for a period of one and a half years and that such delay resulted in substantial ...
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MEMORANDUM OPINION This is a motion by the Government to disqualify Messrs. William E. Bufalino, Sr. and William E. Bufalino, II, from representing four (4) Grand Jury witnesses who were scheduled for appearance before the Special Grand Jury, for the Eastern District of Michigan, on July 7, 1976. Since September 4, 1975, the Special Grand Jury has been investigating possible criminal violations...
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MEMORANDUM This is a civil in rem action commenced January 20, 1975 for the condemnation as adulterated of two ingredients and an article of drug into which they were incorporated as “PET-TABS-GEE” while held for *280 sale after shipment in interstate commerce. It is claimed that these articles are “new animal drugs” which are legally unsafe, since no approved appl...
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ORDER OF DISMISSAL This action originally brought in the District Court of Oklahoma County, State of Oklahoma was removed to this Court. Subject matter jurisdiction exists by reason of diversity of citizenship and amount in controversy. 28 U.S.C. § 1332. Defendant has filed a Motion to Dismiss in which it is asserted Plaintiff has failed to state a claim against Defendant upon which relie...
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ORDER This cause is before ,the court on the Petition of James Edward Young for Writ *291 of Habeas Corpus. The petitioner is serving a sentence of 38 years imprisonment for the crime of Robbery With Firearms After Former Conviction of a Felony imposed by the District Court of Oklahoma County, State of Oklahoma, case No. CRF-73-3731 after the petitioner had been found guilty by a jury. The re...
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MEMORANDUM OPINION This complaint seeks review of final agency action and a declaratory judgment. Plaintiff, National Treasury Employees Union (“NTEU”), is the exclusive bargaining agent of. some 30,000 public employees of the Treasury Department and the Internal Revenue Service (“IRS”). It challenges, on constitutional grounds, a Decision and Order of the Assistant Secretary of Labor for...
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MEMORANDUM AND ORDER ON RELIEF Plaintiff, a Mexican-American, has been in Government service for 21 years and is presently employed as a purchasing agent with the Out-Patient Clinic of the Public Health Service, a unit in the Department of Health, Education and Welfare. Prior to trial the parties stipulated that Defendants were guilty of reprisal under 42 U.S.C. § 2000e et seq. following Plai...
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MEMORANDUM OPINION AND ORDER This action seeks a judgment declaring that those sections of the Postal Revenue and Salary Act of 1967, 2 U.S.C. §§ 351 et seq. (“Salary Act”) and the Executive Salary Cost-of-Living Adjustment Act of 1975,'2 U.S.C. § 31 (“Adjustment Act”), which provide procedures to set new rates of compensation for members of Congress are unconstitutional, and to enjoin increa...
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MEMORANDUM OPINION I. Introduction This is a suit to declare an expired United States patent invalid or, alternatively, to establish by declaratory judgment the scope of the patent as it affects a present controversy between Hanes and three French citizens who, as assignors of the patent, are claiming certain royalties from Hanes as assignee. The matter is before the Court on...
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MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921, et seq., after his claim was heard and denied by an Administrative Law Judge and by the Appeals Council of the Social Security Administratio...
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ORDER AND MODIFICATION OF JUDGMENT This matter is before the court on intervenor-defendant Pacific Gas & Electric Company’s (PG&E) motion for reconsideration of a portion of this court’s judgment entered on September 20, 1976. The portion in question reflects this court’s ruling in Part II.D.(4) of its Decision in this case filed on July 23, 1976. The court denied PG&E’s motion for summar...
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MEMORANDUM In this action, Trinity Services, Inc., and two Unions with which it has collective bargaining agreements, seek declaratory and injunctive relief contending that the Secretary of Labor has improperly authorized competitive bidding on two Government contracts now held by Trinity. Plaintiffs assert that the Secretary has violated the provisions of the Service Contract Act, 41 U.S...
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*322 FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a suit, under the Federal Tort Claims Act for damages resulting from an allegedly false arrest made by officers of the Federal Protective Service while on traffic detail at the Navy Yard. Plaintiff, an off-set press operator employed by the Library of Congress, left his customary parking lot in the Navy Yard and proceeded the wrong way do...
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MEMORANDUM This is an action brought under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA” or “Act”), for alleged age discrimination in federal employment in violation of section 633a of the Act. Plaintiff alleges that he was denied a promotion on the basis of his age. He seeks retroactive promotion, back pay, adjustments in his retirement, sick leave, vacation and ...
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ORDER The plaintiff, Peggy Dawson, formerly resided at 484 North Highland Avenue, N.E., Apartment 14, Atlanta, Georgia, in which building she was a tenant. The defendant, Second Bedford Pine Apartments, Ltd., is a limited partnership doing business in the State of Georgia and purchased the building in which the plaintiff lived. The defendant partnership intended to rehabilitate the buildi...
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OPINION Originally brought by a prisoner, who was transferred long ago but whose name still begins the caption, this action assails a number of conditions in the Federal Metro *335 politan Correctional Center (“MCC”) adjoining this Courthouse. The Federal Defender Services Unit, assigned by the court to represent petitioner class, 1 has pursued an extensive course of discovery, motions for ...
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MEMORANDUM AND ORDER Upon consideration of plaintiff’s motion for summary judgment, the statement of points and' authorities in support thereof and in opposition thereto, and after full hearing, the Court makes the following findings: Defendant is a creditor as defined by the Truth in Lending Act, 15 U.S.C. § 1602(f) and Regulation Z, § 226.2(s), and the six transactions at issue are “credit ...
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MEMORANDUM AND ORDER Invoking the Freedom of Information Act, Safeway seeks a group of documents from the files of the Federal Trade Commission which the Commission asserts are exempted by 5 U.S.C. § 552(b)(5). The documents are thoroughly indexed and the controversy can be resolved without in camera inspection on the cross-motions for summary, judgment of the parties. Each doc...
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OPINION The Court has before it a motion of plaintiffs (“Trustees”) to preliminarily enjoin the defendants, P & W Industries, Inc. (“Corporation”), Providence and Worcester Company (“Railroad”), together with named individuals who are their officers and directors, from soliciting the tender of Railroad shares in exchange for Corporation shares. The Exchange Offer was embodied in a Prospec...
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ORDER Plaintiffs seek injunctive relief under the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, et seq., alleging that Defendant City of Beeville is in violation of Section 5’s preclearance requirement. They request a three-judge court. 28 U.S.C. § 2284(b)(1) states that upon filing a request for three judges, “the judge to whom the request is presented shall, unless he determines that ...
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MEMORANDUM OPINION AND ORDER This complaint, brought under the Federal Tort Claims Act, 28 U.S.C. § 1346, et seq., alleges negligence based on medical malpractice occurring in a Navy Regional Medical Center at Oakland, California, where Mary Elizabeth Blanton, wife of a Coast Guard officer, was admitted for childbirth on March 6, 1973. I. FACTS Mrs. Blanton’s blood is Rh negative and her hu...
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OPINION These consolidated contract cases arise from a dispute over payment of the remaining balance due on a sophisticated piece of automated industrial equipment used for machining metal. Fargo Machine & Tool Company, the purchaser, is a machine shop in Michigan and Kearney & Trecker Corporation, the seller, is a Wisconsin corporation which manufactures industrial machines. Allen-Bradle...
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This case arises out of the retroactive revocation by the Commissioner of Internal Revenue (“Commissioner”) of two private letter rulings issued previously to Hartford Fire Insurance Company (“Hartford”) in connection with a corporate acquisition of Hartford by International Telephone and Telegraph Corporation (“ITT”). 1 Plaintiff has filed a Motion to Compel seeking the production o...
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INTRODUCTION The Court has before it a habeas corpus action in which Charles Homer McNabb challenges his five-year sentence as a non-accommodation deliverer of amphetamines pursuant to the Iowa Controlled Substances Act. Section 204.101 et seq., Code of Iowa (1975). In essence, McNabb’s constitutional claim is that his right to due process was violated when, after pleading guil...
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MEMORANDUM OPINION AND ORDER Harllel Jones, the petitioner herein, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His initial petition stated nine separate grounds for the issuance of the writ. In response to pleadings filed by the respondent, this court entered an order on November 7,1975 dismissing most of the grounds stated therein, but ruling that an evidentiary hearing was nec...
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MEMORANDUM AND ORDER FOR JUDGMENT This securities fraud case arose out of an investment arrangement between plaintiffs Kenneth C. Nelson and Allen W. Enger, who had no prior investment experience, and defendant Nevin F. Hench, an acknowledged “con man” who is no stranger to this Court. 1 In the fall of 1970 Hench was introduced to Nelson by Nelson’s son Kevin, who had allowed H...
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ORDER This matter is before the Court on motions by both defendants for dismissal. Defendant Normandy House Nursing Home, Inc. (Normandy House) argues that plaintiff’s action was commenced after the expiration of the statute of limitations. Defendant William D’Annolfo, in addition to raising the statute of limitations defense, claims that plaintiff’s complaint fails to state a cause upon ...
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OPINION This is an action for a writ of habeas corpus under 28 U.S.C. § 2241 brought by a petitioner who had been charged with having committed an “unnatural and lascivious” act in violation of Mass.Gen.Laws ch. 272, § 35; and with assault by means of a dangerous weapon in violation of Mass.Gen. Laws ch. 265, § 15B. Both charges arose out of the same incident. Following trial in the superior co...
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MEMORANDUM This is a declaratory judgment action involving the construction of an insurance contract. At issue are the scope of the defendant insurance company’s duty to defend and whether, in the event no duty is found, the company is estopped from denying coverage because of its actions or inactions. Haines and the other named plaintiffs are co-partners in a Baltimore law firm, Wright &...
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ORDER Petitioner, William Ernest Ross, presently incarcerated at the United States Penitentiary at Marion, Illinois filed the above captioned Petition for Writ of Habeas Corpus and Writ of Mandamus claiming that he was found guilty of a prison disciplinary violation and based on that finding of guilt was denied parole in violation of the Due Process Clause of the Fifth Amendment. The crit...
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*448 MEMORANDUM This Title VII 1 action came on for a de novo trial pursuant to the procedures established by the Supreme Court in the Chandler 2 case. 3 This Memorandum Opinion will serve as the Court’s Findings and Conclusions. Plaintiff was a probationary police officer employed by the Federal Aviation Agency at the Washington National Airport. Previously he served in the U...
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*455 MEMORANDUM The Disabled Officer’s Association brings this action pursuant to the Freedom of Information Act (hereinafter “Act” or “FOIA”), 5 U.S.C. § 552(a), for injunctive relief prohibiting defendants, the Department of Defense and certain officials of the Department of Defense, from withholding the names and addresses of all living commissioned, warrant or flight officers of the Armed...
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MEMORANDUM OPINION This case involves a dispute between the United States Army Corps of Engineers and commercial shrimpers on the northeast coast of Florida over the environmental impact on shrimp and other marine life of proposed dredge and fill activities designed by the Corps of Engineers to prevent erosion of the Duval County beaches. The complaining parties seek a preliminary injunction ...
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ORDER Plaintiff, John Lasco, has filed an action in this Court, the gravamen of the complaint being that his employment as a civil servant with the State of Illinois, Illinois Veterans’ Home, has been terminated for political reasons. The named defendants are Melvin Koch, Superintendent of the Illinois Veterans’ Home; John J. Houlihan, Director of the Department of Veterans’ Affairs of Il...
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MEMORANDUM AND ORDER I. BACKGROUND Plaintiff Department of Social Services and Housing (DSSH) of the State of Hawaii *479 provides funds to recipients under the Aid to Families of Dependent Children (AFDC) and General Assistance (GA) programs administered by the DSSH to pay security deposits required for housing. Hawaii Public Welfare Manual § 3305.2. Payment for security deposits are paid ...
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This is a motion by defendant Touche Ross & Co. (Touche) to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, on two grounds: that the Court lacks subject matter jurisdiction, and that the complaint fails to state a claim upon which relief can be granted; in the alternative, it is sought to stay this *486 action pending determination of an action...
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OPINION AND ORDER This matter is before the Court on Defendants’ Motion for Summary Judgment filed on October 13, 1976 based on the contention that since the Puerto Rico Maritime Shipping Authority Tariff No. 1 excludes all risk insurance coverage on used machinery, and the shipper failed to disclose on the bill of lading that the machine object of this suit was used, any insurance purchased on sa...
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MEMORANDUM OPINION AND ORDER Plaintiff seeks to hold Xttrium Laboratories, Inc. responsible for the death of Parthenia R. Edwards, who died of a liver ailment after prolonged treatment with the drug isoniazid supplied by Xttrium. At a pretrial conference it developed there are no material facts in dispute. Defendant submitted a written statement of facts and moved for summary judgment. Pl...
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MEMORANDUM AND ORDER Plaintiff, a former employee of the Redevelopment Authority of the City of Philadelphia who claims that he was forced to resign, brought this action to redress alleged deprivation of rights secured to him by the United States Constitution. His original complaint alleged deprivation of Fourteenth Amendment rights to procedural due process and equal protection together ...
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MEMORANDUM OPINION Plaintiff, a 38-year-old black attorney, sues under 42 U.S.C. § 1981 (1974), the thirteenth amendment of the United States Constitution, and Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. (1974), alleging racial discrimination practiced by the defendant corporation Bell Laboratories, Incorporated [BTL], in refusing to employ him in its Pa...
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MEMORANDUM AND ORDER The petitioner, Frank J. Berard, Jr., has made application for writ of habeas corpus, under 28 U.S.C. § 2254, to obtain relief from confinement pursuant to a judgment of a state court. On January 19,1973, after a trial by jury in the Windsor County Superior Court, the petitioner was found guilty of first degree murder for the killing of Raymond Lestage. He was sentenced to lif...
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MEMORANDUM This dispute involves plaintiff’s request for the production of a substantial amount of data and materials pursuant to the Freedom of Information Act, 5 U.S.C. § 522 (“FOIA” or “the Act”). Plaintiff is the CIBA-GEIGY Corporation, a manufacturer of pharmaceuticals including phenformin, an oral hypoglycemic drug used to lower the blood glucose levels in patients with maturity-ons...
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MEMORANDUM AND ORDER Plaintiff instituted this suit against his former employer pursuant to the provisions of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq. Count I alleges three distinct violations of the ADEA. In addition to alleging that defendant discriminatorily discharged him because of his age in violation of 29 U.S.C. § 623(a)(1), Count I alle...
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MEMORANDUM AND ORDER Defendant, Harry F. Messner, was found guilty by a jury of making false entries in connection with the sale and delivery of firearms in violation of 18 U.S.C. § 922(m). Defendant has filed motions for judgment of acquittal and for a new trial. At no point, however, does he challenge the sufficiency of the evidence to support the jury verdict. For the reasons hereinafter set fo...
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MEMORANDUM This is an action brought by a state court prisoner, pleaded both as a petition for habeas corpus under 28 U.S.C. § 2241 and as a civil rights action under 42 U.S.C. § 1983. The case is now before the court on the merits. 1 The court denies his petition for the reasons set forth below. There is no factual dispute. Both petitioner and respondent accept the statement of facts set o...
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MEMORANDUM AND ORDER In this action based on diversity of citizenship,, the plaintiff, an employee of Bamberger’s Department Store, alleged that the defendant, Bucks Associates (“Bucks”), owner of the Oxford Valley Mall, a shopping center in which the Bamberger’s store was located, was negligent in failing to exercise reasonable care to protect her from an assault which took place after she lef...
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MEMORANDUM AND TEMPORARY RESTRAINING ORDER This is an antitrust action brought pursuant to sections four and sixteen of the Clayton Act, 15 U.S.C. §§ 15 & 26, for injunctive relief and damages for alleged violations of sections one and two of the Sherman Act, 15 U.S.C. §§ 1 & 2. The plaintiff, Erewhon, Inc. (Erewhon), is a processor and distributor of health and natural foods at wholesale...
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428 F.Supp. 555 (1977) JACKSON SAWMILL COMPANY, INC., et al., Plaintiffs, v. The UNITED STATES of America et al., Defendant. No. 76-596C(3). United States District Court, E. D. Missouri, E. D. March 11, 1977. *556 *557 Kenneth F. Teasdale, Larry B. Luber and John H. Quinn, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for plaintiffs. Bruce A. Ring, Jefferson City, Mo., and Thomas H. ...
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MEMORANDUM AND ORDER This case is now before the court for determination of various motions, i. e. the motion for summary judgment by third-party defendant Acme Sheet Metal Works, Inc., d/b/a Acme Engineers and Erectors [Acme]; the motion of defendants John Golden and Cooperative Farm Chemicals Association [CFCA] to file an amended third-party complaint against Acme; the motion of defendant M...
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MEMORANDUM Plaintiff brought this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of a final decision of the Secretary in which he determined (1) that plaintiff’s eligibility for disability benefits terminated in December 1972; (2) that plaintiff was not without fault with respect to receipt of overpayments totaling $552.80; and (3) that recovery of the ov...
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OPINION Plaintiff, Barber-Greene Company, a Delaware corporation, filed a complaint on January 31, 1977 in the Court of Chancery of the State of Delaware against Walco National Corporation, a New York corporation, and Frederick Richmond. Plaintiff alleges that defendants have acquired more than 13.5% of the total outstanding common stock of Barber-Greene during the period from June 29, 19...
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OPINION In this lawsuit brought under Title VII of the Civil Rights Act of 1964, a male nurse claims that the defendant Masonic Home unlawfully discriminated against him on the basis of his sex when he applied for employment as a nurse’s aide in 1973. The defendant has moved for summary judgment on three grounds. First, the Masonic Home contends that the failure of the Equal Employment Op...
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AMENDED ORDER OF DISMISSAL On this 16th day of February, 1977 the Court heard -oral arguments by all parties upon the motion of the defendants to dismiss the indictment. For the reasons stated herein the Court bases this Order not only on particular grounds for dismissal set forth by the defendants, but also upon the totality of the circumstances surrounding this prosecution. Defendants who a...
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OPINION Plaintiff, a part-time mailhandler in the Pittsburgh Post Office, brought this action to recover damages allegedly resulting from the negligence of the defendants Barker and Gardner, who are, respectively, tour superintendent and general foreman of mail processing for the United States Postal Service. The defendants, represented by the United States Attorney, have moved for summary judg...
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MEMORANDUM AND ORDER Defendant moves to remand this action to the Supreme Court of the State of New York, County of Suffolk, from which it was removed by the plaintiff on November 29, 1976, within thirty days of service upon the plaintiff of the defendant’s answer and counterclaim herein. Plaintiff (hereinafter sometimes FDIC) brought this action against the corporate maker of a promissory no...
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MEMORANDUM AND ORDER I. INTRODUCTION Plaintiff, an inmate at the Clemens Unit of the Texas Department of Corrections (TDC), filed the instant civil rights action pro se seeking declaratory, injunctive and monetary relief pursuant to 42 U.S.C. § 1983. Plaintiff complains specifically that a number of magazines for men have been withheld from him unconstitutionally by officials of the ...
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MEMORANDUM OPINION This is an action alleging denial of fifth amendment procedural due process rights and a common law claim for a breach of contract or tort. The matter now before the Court is the defendants’ motion for summary judgment. The undisputed facts are as follows: During the 1973-1974 and 1974-1975 academic years, the Howard University College of Medicine had in effec...
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This is an action pursuant to 42 U.S.C. § 1983 in which plaintiff Marie D. Hickey alleges that she was dismissed from her employment as a key punch operator for New Castle County without being afforded an adequate opportunity to be heard, in violation of her rights to procedural due process guaranteed by the Fourteenth Amendment. 1 Defendants are the County of New Castle of the State...
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MEMORANDUM AND ORDER By Notice of Motion returnable at 4:00 o’clock in the morning on October 18, 1976, petitioner has “applied” for “an application made in the interest of Justice pursuant to Title 28 U.S.C. § 2255 for the Court * * to vacate one of two sentences and fines imposed” on him on July 9, 1976. Following a verdict by a jury finding the petitioner guilty of receiving or transporting a q...
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The Government indictment charges the defendant with thirty-six counts in violation of 16 U.S.C. § 703, the Migratory Bird Treaty Act; 1 The indictment arises from the death of some ninety-two migratory *617 birds found near a lagoon on property owned by the defendant. This case is presently before the court on three motions brought by the defendant, namely, to dismiss the indictment, to supp...
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OPINION The problems which can result from indifference to the biblical teaching that “no man can serve two masters,” 1 transposed into an attorney’s joint representation of two defendants, have now emerged in this matter. Jointly charged under 18 U.S.C., § 659 (1976), in a one-count indictment, with unlawful possession of chattels stolen from foreign commerce, Michael Garafola and John Dol...
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RULING Plaintiffs, Thomas M. O’Donnell and Janice K. Martin, filed separate suits against the United States here under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., after properly exhausting their administrative remedies. Our jurisdiction is based upon 28 U.S.C. § 1346(b). We consolidated the actions for trial since both involved the same automobile-motorcycle accide...
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MEMORANDUM OPINION Plaintiff in this action is a secured creditor of County Belle Cooperative Farmers, a dairy cooperative now in bankruptcy. Plaintiff seeks to collect for some 1,106,540 pounds of milk Country Belle allegedly sold to defendant. The court previously denied the Motion to Dismiss insofar as it was based on the pending bankruptcy of Country Belle. The question remaining is whether th...
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OPINION This action arises under Sec. 301 of the Labor Management Relations Act. On January. 30, 1976, a preliminary injunction was issued. This was prior to the decision of the Supreme Court in Buffalo Forge. The injunction prohibited defendants from engaging in any strike “arising from the presence of pickets at the mine portals who are members of the United Mine Workers not employed by pla...
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MEMORANDUM AND ORDER This is an action for damages under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“Act”). Plaintiff, Seymour Rose-man, alleges that defendant, Retail Credit Co., Inc., violated the Act in failing to: (1) take reasonable steps to assure the accuracy of its original credit report and subsequent reinvestigation; (2) inform the plaintiff that he had the right to ha...
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OPINION In an opinion dated December 6, 1972, this Court considered defendant’s motion, under F.R.C.P., Rule 12(b), to (1) dismiss for lack of jurisdiction over the defendant and to quash the service of process for the reason that defendant was not qualified to do business in Mississippi and was doing no business in Mississippi, and to (2) dismiss the complaint for lack of venue jurisdict...
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OPINION AND ORDER This matter is before the Court on defendant Jeffrey Theodore Cooper’s motion to suppress as evidence property seized in an “inventory” search of defendant’s suitcase and subsequent statements made by the defendant to law enforcement officers. An oral hearing was held in this matter on Wednesday, March 9, 1977, at which time the parties were instructed to submit additional mem...
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MEMORANDUM On May 14, 1975, the plaintiff was employed by third-party defendant, Haenn Ship Ceiling and Refitting Corp., which had been engaged as an independent contractor to secure a cargo of Mack Trucks aboard the M/V Justinian, a vessel owned by deféndants, Hilmar Reksten and R/A Hadrian. The trucks were loaded aboard the vessel in Philadelphia by an independent stevedoring...
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OPINION Petitioner applies for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We deny the application. We note initially that there is some doubt about the fulfillment of the requirement of 28 U.S.C. §§ 2241 and 2254 that petitioner be “in custody” at the time he petitions this court for a writ of habeas corpus. While defendants not actually incarcerated may, under some circumstances, be co...
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OPINION This is an action for damages under the Pennsylvania Wrongful Death Act, 12 P.S. §§ 1601 et seq., and the Pennsylvania Survival Act, 20 Pa.C.S.A. §§ 3371 et seq. Jurisdiction is based upon diversity of citizenship, 28 U.S.C. § 1332(a)(1). 1 The case is before' me on defendant’s motion for summary judgment, Fed.R.Civ.P. 56. Affidavits and a depositi...
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MEMORANDUM OPINION This admiralty action was brought by Dow Chemical Company (Dow) against Gulf Mississippi Marine Corporation (Gulf Miss), the owner of the Tug M/V GULF SEAS, for the loss of plaintiff’s tank barge DC-715 and cargo. The Barge DC-715 was a chemical tank barge owned by Dow Chemical Company and designed and certificated to transport liquid caustic soda. The barge was 26...
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In its order of April 9, 1976, this court held that the nonresident defendant in this personal injury, diversity case was properly subject to the jurisdiction of this court under the Georgia “long-arm” statute even though the defendant had been a resident' of Georgia at the time the tort giving rise to the lawsuit occurred. 411 F.Supp. 102. The court in reaching this result recognized that the Sup...
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*676 MEMORANDUM AND ORDER This matter came before me on motions of the various defendants for dismissal. The motion of defendant Carib Auto Sales, Inc. is allowed on the ground that the court does not have personal jurisdiction over it. The only contact of Carib Auto Sales, Inc. with the State of Massachusetts alleged in the complaint is an isolated purchase of the automobile in' question. Th...
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MEMORANDUM OPINION Plaintiff Claude Castleberry, a firefighter employed by the City of Grand Prairie, Texas, filed this action on October 18, 1974, seeking declaratory, compensatory, and injunctive relief alleging, first, that his four-month suspension from duty violated his First and Fourteenth Amendment rights of speech and association, actionable under 42 U.S.C. 1983 and, second, that Defend...
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Frank and Loretta Pisciotta commenced this action in state court against an Army doctor and three civilian doctors for alleged malpractice in their treatment of a fractured leg which Frank Pisciotta sustained in an automobile accident. Pisciotta, an enlisted man in the Army, was first treated at the Vassar Brothers Hospital in Poughkeepsie, New York, and then at the Army Hospital at West Point....
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ORDER This is an action for injunctive relief and damages brought by Rolls-Royce Motors, Ltd., and its wholly-owned American subsidiary 1 (hereinafter referred to collectively as “Rolls-Royce”) against A & A Fiberglass, Inc. (hereinafter referred to as “A & A”). Presently pending are the parties’ motions for summary judgment. 2 This case concerns the manufacture an...
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MEMORANDUM AND ORDER This case, arising out of a time period known as the Watergate era, presents the issue of whether the indictment against the defendants should be dismissed based upon an agreement between defendants and the Watergate Special Prosecutor Force (WSPF), a representative of the United States government. Count I of the three count indictment charges Minnesota Mining and Manufac...
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MEMORANDUM OPINION This action was brought by Mrs. Ella Porter, a nonprobationary federal employee, pursuant to 5 U.S.C.A. 702, 704, to review her thirty-day suspension without pay from the Social Security Administration’s Southeastern Program Center in Birmingham, Alabama. The plaintiff has exhausted all of her administrative remedies, both within the Social Security Administration (cert...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Motion for Summary Judgment filed on behalf of Smith, Learning & Swan, a partnership, and its partners, Hal D. Learning (“Learning”) and Roger H. Swan (these defendants are hereinafter referred to collectively as “Smith, Learning”). The Court feels prompted to stress that both the law and the manifest requirements of fairness...
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MEMORANDUM OPINION This is an action for injunctive and declaratory relief. Jurisdiction rests under 28 U.S.C., Sec. 1331. The plaintiff is seeking to restrain the defendant, Guam Environmental Protection Agency, its Acting Administrator, and the Chairperson of its Board of Directors from enforcing Regulations on Import Procedures for Pesticides and Devices approved by the Board of Directors on Ma...
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ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING CAUSE WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, has filed pro se *729a petition for writ of habeas corpus on the official court forms provided for that purpose, challenging his confinement in the Administrative Segregation Unit of the penitentiary, seeking restoration of merit time,...
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ORDER Petitioner, a state convict confined in the Missouri State Penitentiary, originally filed this action as a petition for writ of habeas corpus challenging conditions of his confinement. Leave to proceed in forma pauperis was granted by Order entered August 6, 1976, and following the filing of respondent’s response and petitioner’s traverse, 1 this cause was set for full evidentiary hea...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS This is an action in the nature of a petition for writ of federal habeas corpus wherein petitioner Green seeks to have this Court set aside his ten year sentence for rape which was imposed subsequent to a plea of guilty entered in the Circuit Court of Jackson County, Missouri, on June 25, 1975. Petitioner claims that the ten year s...
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MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health & Safety Act, 30 U.S.C. § 901 et seq., after his claim was heard and denied by an administrative law judge (ALJ) and by the Appeals Council of the Social Security Administratio...
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MEMORANDUM OPINION . Harrison Berrier, an inmate at the State Prison of Southern Michigan at Jackson, Michigan, was convicted of first degree murder on January 19, 1971 in the Washtenaw County Circuit Court and later sentenced to a term of life imprisonment. On appeal the Michigan Court of Appeals held that the evidence did not support a conviction of first degree murder. People v. ...
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MEMORANDUM The issue before the court is whether 33 U.S.C. Section 403 contains a scienter requirement; that is, whether the government must prove in a criminal prosecution that the defendant deliberately intended to create an obstruction to certain navigable waters. For reasons stated below, this court holds that 33 U.S.C. Section 403 does not contain a scienter requirement. 33 U.S.C. Section 403...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On the evening of September 10, 1973 plaintiff fell from a ladder while working aboard O/S LAUREL during a log loading operation at the Port of Longview, Washington. This action was filed against defendant, the vessel owner, to recover damages for injuries sustained as a result of the fall. Trial was had on the issue of liability solely. Plaintiff, a winch d...
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MEMORANDUM OPINION The Plaintiffs, pro se, have filed a 23 page complaint plus numerous exhibits complaining of the action of several federal judges and other individuals associated with the United States Attorney’s Office, the I.R.S, the U.S. Marshal’s Service, and the District Clerk. The complaints arise out of the actions of these individuals in judicially enforcing I.R.S. Summonses directed...
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OPINION AND JUDGMENT This matter came on for trial after remand from the Court of Appeal for the Ninth Circuit, Yott v. North American Rockwell Corporation, 501 F.2d 398 (9th Cir. 1974). Plaintiff Kenneth Yott (hereafter Yott) entered his employment with defendant North American Rockwell Corporation (hereafter Rockwell) in February 1947. During his employment he held the c...
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CONSOLIDATED MEMORANDUM AND ORDERS This consolidated memorandum is required because the Flanagan case permeates all the cases; and the Mustafa and the two Pernias cases are concerned with the tolling of the California Statute of Limitations in wrongful death cases. Needless repetition is thus avoided. Among the 346 killed in the March 3, 1974, crash o...
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*779 MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT The defendant has filed a motion for summary judgment, filing 15. This case is brought under Subchapter IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. §§ 1981 to 1991. Subchapter IV deals with odometer requirements. The action involves the December, 1975, sale of a 1973 Mack truck bearing identification number FS795...
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MEMORANDUM AND ORDER Presently pending before the Court are the respective motions for summary judgment filed by the plaintiffs and the defendant. The matter has been fully briefed by counsel for both parties; no hearing having been requested, the matter is deemed to be submitted on the briefs. Summary judgment is granted in favor of the defendant United States against the plaintiffs. Sum...
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OPINION AND ORDER PPG Industries, Inc. [hereafter PPG] brought this action charging Guardian Industries Corporation [hereafter Guardian] with infringement upon eleven of its patents. Two of the patents, Nos. 3,223,501 and 3,293,015, originated as the result of development work carried out at PPG. The remaining nine patents, Nos. 3,281,229, 3,282,447, 3,291,590, 3,332,759, 3,332,760, 3,332...
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OPINION The matters now before me are on two motions, (1) a Motion To Dismiss Indictment filed July 23,1976 against the defendants, Egidio Cerilli, Ralph Buffone and Maylan Yakovich; and (2) a Motion To Dismiss Indictment filed August 24, 1976 against the defendants, Egidio Cerilli, Ralph Buffone, Maylan Yackovich and John Shurina, or in the alternative for change of venue. The original three...
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OPINION I. Introduction The defendants in this action have filed a Motion to Dismiss both the Complaint and the Amended Complaint for: (1) lack of subject matter jurisdiction; (2) for failure to state a claim upon which relief can be granted; (3) for lack of specificity; and (4) for failure to exhaust both state and federal administrative remedies. The plaintiff contends that she is ...
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RULING ON AVAILABILITY OF RESCISSION On October 20, 1976, the Hartford Times ceased publication. Its obituary notice stated that the paper had been “strangled by litigation.” The controversy has not ended with its demise. The issue now pending *822 concerns whether Gannett Co., Inc. (“Gannett”) or The Register Publishing Company (“the Register”) owns what remains o...
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MEMORANDUM OF DECISION These three truth-in-lending cases present similar issues concerning conformity of a consumer credit contract for membership in a health spa to the truth-in-lending requirements of federal and state law. The contract form involved in the three cases is the same. Plaintiffs seek summary judgment on either of two alleged violations of federal requirements. First,...
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MEMORANDUM By judgment and order of August 2, 1976, the defendants were enjoined from applying three regulations (10 N.Y.C.R.R. §§ 86.14(b); 82.21(k) and 82.26) to determine the reimbursement rates for inpatient care afforded Medicaid patients by the plaintiffs before they were approved by the Secretary of HEW, and were further enjoined from applying any regulation effecting a change in t...
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OPINION ON MOTION FOR STAY Before ALDRICH, Senior Circuit Judge, JULIAN, Senior District Judge, and FREEDMAN, District Judge. To our certification of questions to the Massachusetts Supreme Judicial Court concerning the meaning of, and procedures under, Mass.G.L. c. 112, § 12P, as directed in Bellotti v. Baird, 1976, 428 U.S. 132, 96 S.Ct. 2857, 49 L.Ed.2d 844, the court has made a comprehensive re...
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ORDER OF PARTIAL DISMISSAL This is a sex discrimination action brought by the plaintiff Carol Woodrum *862 against her former employer Abbott Linen Supply Company (“Abbott”). The defendant has moved for summary judgment on a number of grounds which are considered separately herein. I. LACHES Abbott maintains that the plaintiff is barred from recovery on the basis of the doctrine of lach...
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428 F.Supp. 864 (1977) Walter C. PEEBLES, Plaintiff, v. Paul BISHOP et al., Defendants. No. 75-971C(4). United States District Court, E. D. Missouri, E. D. February 18, 1977. J. Martin Hadican, St. Louis, Mo., for plaintiff. Andrew J. Minardi, Associate County Counselor, St. Louis County, Clayton, Mo., for defendants. MEMORANDUM NANGLE, District Judge. Plaintiff Walter C. Peebles brought this su...
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This is a civil action in which the plaintiff seeks monetary, declaratory and injunctive relief. Plaintiffs are doctors who were insured by the defendant against liability accruing from medical malpractice suits. Plaintiffs complain that defendant breached this insurance contract by refusing to prosecute an appeal in a case in which judgment was entered against the doctors in a state trial cour...
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OPINION In this action plaintiff, William Perry Eisman, as the personal representative of the Estate of Bertha Eisman, seeks judicial review of the Secretary’s final decision which denied “Medicare” payments under Title XVIII of the Social Security Act for certain hospital expenses of the deceased, Bertha Eisman, and which ordered repayment to the Secretary of earlier disbursements found ...
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*882 MEMORANDUM AND ORDER Defendant Leonelli moves for an order granting the following relief: 1) a bill of particulars, pursuant to Rule 7(f), Fed.R. Crim.P.; 2) discovery and inspection of grand jury minutes, pursuant to Rule 6(e), Fed.R.Crim.P.; 3) an extension of 20 days after determination of the within motion to move to dismiss the indictment, pursuant to Rule 45(b), Fed.R....
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MEMORANDUM AND ORDER Petitioner has moved this Court to reconsider our dismissal on November 8, 1976 of his habeas corpus petition. After a thorough reading of both the petitioner’s and the Government’s papers as well as all relevant authorities, we are constrained to deny his application in its entirety. The facts indicate that petitioner Hugh Robert Conway appearing pro se forwarded a proposed p...
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MEMORANDUM The plaintiffs, H. David Seegul and Barbara M. Seegul, residents of New York *887City, have brought this action against A.C. N.Y. Agency Company, Inc. (“ACNY”), a New York corporation, and River Reach, Incorporated, a not-for-profit Florida corporation. The Court’s jurisdiction is alleged under the “Federal Declaratory Judgment Action Statute,” 28 U.S.C. §§ 2201-02, on the basis of an ...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus by two prisoners presently confined in the Massachusetts Correctional Institution at Walpole, serving a life sentence following conviction in the Superior Court of murder in the first degree. The respondent has filed a motion to dismiss for failure to state a claim. The matter was referred to thfe Magistrate, for findings and recomm...
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Petition for a writ of habeas corpus, pursuant to 28 U.S.C. §§ 2241 and 2254, is hereby denied. 1 This is the most recent in a line of cases challenging New York’s scheme of affirmative defenses on the basis of Mullaney v. Wilbur,. 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). 2 The instant applica *893 tion challenges the constitutionality of New York Penal Law § 40.10(3), which ...
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Plaintiffs Virginia and David Stevens, acting for themselves and on behalf of their four minor children, seek a permanent injunction prohibiting the State of New York Department of Social Services, the Suffolk County Department of Social Services, and the United States Department of Health, Education and Welfare from withdrawing their welfare benefits. Insistence that the children obtain social...
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The plaintiffs in this action seek declaratory and injunctive relief prohibiting the use of phenoxy herbicides by the United States Forest Service (Forest Service) in the Siuslaw National Forest. After abandoning other claims asserted earlier in this proceeding, 1 the plaintiffs now rely solely upon the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq....
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ORDER REMANDING ACTION TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR THE TAKING OF ADDITIONAL EVIDENCE AND THE MAKING OF ADDITIONAL NECESSARY FINDINGS OF FACT This is a petition for review, under the provisions of § 405(g), Title 42, United States Code, of a decision of the defendant Secretary of Health, Education, and Welfare denying disability benefits to the plaintiff. The function ...
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MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO DISMISS Defendants’ motion to dismiss the complaint in this private antitrust suit raises an, important question as to whether initiating litigation can be the basis for a claim of antitrust liability. Plaintiff, a non-stock Connecticut corporation, owns and operates a cemetery in Bridgeport, Connecticut. Defendants are Connecticut corporati...
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MEMORANDUM AND ORDER INTRODUCTION Plaintiff became an employee of Kuhlman Diecasting Company on approximately January 23, 1975. On January 30, 1975, plaintiff was operating a hydraulic press manufactured by M & N Modern Hydraulic Press Company (M & N). While plaintiff had his left arm and right hand under the ramhead of the press, and while in the process of removing a trimmed diecas...
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The defendants in this case were indicted in June of 1973 in a three-count indictment charging them with two substantive counts of uttering and publishing forged United States Savings Bonds and one count of conspiring to utter and publish forged United States Savings Bonds in violation of 18 U.S.C. §§ 472 1 and 371. After substantial delays caused by pretrial' motions and appeals, the case came...
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MEMORANDUM This matter came on for hearing upon the defendant’s motion for summary judgment. At the hearing on February 25, 1977, the Court orally advised counsel for the plaintiffs that unless he could show within fifteen (15) days thereof why the defendant’s motion should not be granted, the Court would enter summary judgment for the defendant. The plaintiffs are citizens of Minnes...
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OPINION These cross-motions for summary judgment on stipulated facts, under Rule 56, *981 Fed.R.Civ.P., present the question of whether recent congressional enactments, 1 repealing the long-standing prohibition on private ownership of, and speculation in, gold, also repealed the “Gold Clause Resolution” 2 which prohibited enforcement of any contractual c...
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MEMORANDUM This matter is before the Court on the motions of the defendant United States to dismiss St. Louis Union Trust’s complaint, and to dismiss defendant Andrew Stone’s cross claim; on the separate motion of defendant M. Jeanne Stone to dismiss the plaintiff’s complaint as to her; and on plaintiff’s motion to dismiss the counterclaim filed by Andrew Stone. For the reasons stated below, the m...
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ORDER The filing of the above-entitled cause has raised before the Court substantial questions pertaining to federal jurisdiction. Petitioner, in its June 11, 1976 petition for injunctive or declaratory relief, seeks to terminate an ongoing state proceeding instituted by respondents on the basis that respondents have no jurisdiction over a federally chartered institution. On July 1, 1976,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Plaintiff, Arthur C. Payne, is an employee of the defendant, Panama Canal Company, a federally chartered corporation which is subject to the rules, regulations and decisions of the United States Civil Service Commission. Plaintiff had been employed by the defendant for a number of years and’ at the time of his removal he was an Administrative Services As...
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MEMORANDUM AND ORDER FACTS The plaintiff, bankrupt, and his former wife and judgment creditor, the defendant, obtained a divorce decree December 17, 1974, under which plaintiff was to pay to defendant a sum of money. Plaintiff filed a petition in bankruptcy May 12, 1975, listing the defendant as a creditor. Plaintiff received a bankruptcy discharge on August 7, 1975. On April 6, 1976 defend...
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ORDER This cause is before the Court for consideration of the petition of Arthur Thomas Page for a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c)(3). Petitioner contends that he is being wrongfully detained in violation of the spirit and provisions of the Youth Corrections Act, 18 U.S.C. § 5005 et seq., and of the intentions of this Court in sentencing him. Petitioner was sentenced by ...
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MEMORANDUM OPINION On February 1, 1977, the plaintiff, Southern Airways, Inc., filed this action seeking to enjoin the defendant City of Atlanta from leasing facilities in the proposed midfield terminal at the Hartsfield Atlanta International Airport to the plaintiff under the terms and conditions contained in the lease agreement which was presented to the plaintiff and the other carriers...
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OPINION AND ORDER This is an appeal from a decision of the Bankruptcy Judge regarding the discharge-ability of a debt owed by defendant Jay Peak Lodging Association, Inc. to plaintiff Sanitation Recycling, Inc. The case arises under § 17(a)(2) of the Bankruptcy Act, 11 U.S.C. § 35(a)(2). The Bankruptcy Judge held that the defendant had not obtained money or property by false pretenses or false ...
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The plaintiff, a Caucasian whose birthplace was Cuba, has sued Avondale claiming that he was discriminated against in employment because of his national origin. He does not allege that any state action was involved, but bases his claim for relief on 42 U.S.C. § 1981 which was originally part of the Civil Rights Act of 1870. In addition he claims relief under Title VII, 42 U.S.C. § 2000e, et seq...
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This case raises the issue of the dischargeability in bankruptcy of a debt due the United States on a postal service obligation when the address of the creditor was not properly given on the bankruptcy schedules. I In 1973 defendant Diez took two orders of stamps totalling $5,330 value on consignment from the United States Postal Service in Metairie, La. The order forms were signed only by the def...
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MEMORANDUM OF DECISION- ■ AND ORDER This case, which arises under 42 U.S.C. § 1983, 28 U.S.C. § 1343(3) and (4), and 28 *1032 U.S.C. §§ 2201, 2202, challenges the constitutionality of a narrow provision of NDCC § 15-10-19 (Supp.1975), the North Dakota nonresident student tuition statute, both on its face and as it applies, to Plaintiff Jonathon McConaughney Burke. 1 ...
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Plaintiff Martropico Compañía Naviera S.A. has moved by order to show cause to remand this action to the state court. The action was commenced on July 22, 1976 in the Supreme Court of the State of New York by a motion for summary judgment in lieu of complaint, pursuant to N.Y.C.P.L.R. § 3213, to enforce instruments for the payment of money. It was removed to this Court by petition and notice da...
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MEMORANDUM This action seeks damages and rescission of a lease agreement between plaintiff and defendant Staten Island Mall (“Mall”). Plaintiff alleges that it was induced to sign the lease by the fraudulent misrepresentations of defendants’ agent, Feist & Feist. *1041 The case was tried to the court on March 22, 23 and 24, 1976. Magnaleasing, a wholly-owned subsidiary o...
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*1048 MEMORANDUM OF OPINION; ORDER FOR JUDGMENT Betty Kween committed suicide on June 28, 1976. The personal representative of her estate has filed a suit alleging her death was wrongfully caused by McDonnell Douglas and General Dynamics. The plaintiff seeks damages in the total sum of $11,510,000.00 ($1,500,000.00 for the loss of her care, comfort, and society; medical bill...
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OPINION This is an action for specific performance of a written agreement and a preliminary injunction. A preliminary injunction will be issued pending a final hearing in this matter. The plaintiff is Commercial Radio Institute, Inc. (CRI) a Maryland corporation. The defendant is Western Pennsylvania Christian Broadcasting Company (WPCBC), *1055 a Pennsylvania corporation. Jurisdiction lies...
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OPINION The plaintiff policeman was dismissed from his job following his conviction on criminal charges in state court. In a previous civil rights action, plaintiff sought reinstatement and back pay from his former employer, the Borough of Homestead.1 In this action under 42 U.S.C. § 1983, plaintiff seeks relief against 12 individual officials of the borough. The defendants have filed motions to d...
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MEMORANDUM AND ORDER Petitioner has filed, pro se, a motion to vacate, set aside, or correct a sentence imposed upon him by this Court. Title 28 U.S.C. § 2255. On May 29, 1975, petitioner and a co-defendant, Ronald Gigliotti, were convicted after a jury trial of collecting and attempting to collect an extension of credit through the use of violence and threats of violence in violation of Ti...
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MEMORANDUM Defendant Regensteiner Publishing Enterprises, Inc, (“RPE”) moves pursuant to Section 1404(a) of Title 28 of the United States Code for an order transferring this action to the United States District Court for the Northern District of Illinois. Plaintiffs Y4 Design, Ltd., a corporation organized and existing under the laws of the State of Michigan, and John and Margaret A....
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MEMORANDUM AND ORDER This is a motion by the third party defendant, Lauritzen Peninsular Reefers, Ltd. (hereinafter “charterers”), for an order pursuant to Title 9 U.S.C. § 3 staying the third party action filed against it pending arbitration. The main action was commenced on April 25, 1975, alleging that the plaintiff, Arturo Penalver, while in the employ of Pittston Stevedoring, a ...
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MEMORANDUM AND ORDER This action has been instituted by three plaintiffs who obtained loans from the defendant Burlington Savings Bank (Bank) to obtain monetary damages, declaratory and injunctive relief for alleged violation of the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq. All are agreed that there is no conflict among them concerning the controlling facts and that the c...
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MEMORANDUM OPINION AND ORDER The matter before the Court concerns the application of state prisoner, Gary Collins, for habéas corpus relief pursuant to 28 U.S.C. § 2254. On July 18, 1974 petitioner was convicted by a jury of assault with intent to commit rape in violation of section 698.4 of the Iowa Code (1973). On appeal to the Supreme Court of Iowa the conviction was affirmed. St...
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MEMORANDUM AND ORDER The present action is based on two separate claims against the same defendant for alleged violations of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. (1970). Both the defendant and plaintiff Robert Jumbo have moved for summary judgment. Neither motion affects the separate claims of Nonabah Tilden. Robert Jumbo’s claim arises from the credit sale of a pick-up truck....
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MEMORANDUM OPINION AND ORDER Prisoner Ollie J. Banks, Jr., was convicted of armed robbery of a mail truck for which he was sentenced on May 7, 1969. Under the sentence imposed by this court, he is not eligible for parole until 1979. The Bureau of Prisons has brought this motion to reduce the minimum term to time served by the prisoner pursuant to § 4205(g) 1 of the new Parole Commission and R...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Court having duly considered the memoranda and supporting affidavits and the oral argument of the respective counsel, hereby makes the following findings of fact and conclusions of law: I FINDINGS OF FACT 1. Petitioner is Regional Director of Region 31 of the National Labor Relations Board (the “Board”), an agency of the United States, and filed the peti...
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MEMORANDUM OPINION AND ORDER These actions, whose recent history has become a saga requiring a seventeen page appendix to recount, * are the subject of defendant’s motion to dismiss for lack of jurisdiction. I find in each case the nominal or ostensible plaintiff was not the party which brought the action to court although it was the party which made the entries, paid the duties and filed t...
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MEMORANDUM Plaintiff, a former employee of the defendant Ford Motor Company, brings this action under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., to redress alleged sexually discriminatory employment practices engaged in by the defendant. Plaintiff seeks monetary and injunctive relief. Jurisdiction is premised upon 42 U.S.C. § 2000e-5(f). The matter comes...
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ORDER Plaintiff Lee Hamilton, a federal prisoner incarcerated at the Atlanta penitentiary, brought this class action against defendant Attorney General and the various officers of the Bureau of Prisons for injunctive and declaratory relief. Jurisdiction of this court was invoked pursuant to 28 U.S.C. §§ 1346, 1361, 2201 and 2202 and pursuant to portions of the Administrative Procedure Act, 5 U....
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ORDER Plaintiff Joan Trumbower brings this action to recover for the-allegedly wrongful death of Stanford Trumbower, deceased. Plaintiff alleges that on and prior to July 6, 1974, the Defendants jointly sponsored an automobile racing event known as the Ponca City Grand Prix. Plaintiff’s deceased entered this event and was fatally injured in the sixth race when his vehicle collided with a ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW I. FINDINGS OF FACT 1. Luis A. Rodriguez on December 23, 1974, filed an application for employment with the City of Philadelphia for the position of Security Officer I. The application was rejected and Luis A. Rodriguez was not permitted to take the competitive examination that was conducted by the City of Philadelphia for such position, solely becaus...
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OPINION AND' ORDER AS TO THE BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, ET AL. This is an action brought by Leila G. Brown, and other black plaintiffs representing all Mobile County, Alabama, blacks as a class, claiming the present at-large system of electing county commissioners and school commissioners abridges the rights of the County’s black citizens under the First, Thirteenth, Fourte...
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ORDER This action is one brought pursuant to 42 U.S.C. § 1981 to secure plaintiff’s right to equal protection under the laws. The plaintiff claims that he was denied an opportunity to apply for a job with the defendant railroad on May 2,1973, because of his race. This action was filed on December 1, 1975. The defendant has moved for judgment on the pleadings pursuant to Rule 12(c), Federal Ru...
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MEMORANDUM OPINION AND ORDER This memorandum opinion and order rules on what I think are all except one of the motions in this case pending as of January 5, 1977. Many of the rulings contained herein were made orally during the January 5, 1977, hearing, but one ruling has been delayed to permit the filing of another brief by defendants and another was postponed *1153 to permi...
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MEMORANDUM AND ORDER . On June 24, 1975, the plaintiff Esther S. Stambaugh filed a complaint in the Court of Common Pleas of Delaware County, Pennsylvania, against her husband, alleging fraud in the procurement of a Florida divorce decree in 1969.1 The action was sub*1162sequently removed to this court pursuant to 28 U.S.C. § 1441 (1970) as within our diversity jurisdiction. All of the elements o...
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MEMORANDUM This case came on to be heard on plaintiffs’ application for a temporary restraining order prohibiting federal defendants from disbursing, and defendant local governments from receiving, certain project grants which the federal defendants have heretofore awarded to the other defendants pursuant to the Local Public Works and Capital Development and Investment Act of 1976, ...
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OPINION Dr. Robert R. MacMurray, a professor at Bloomsburg State College, has filed a complaint pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331 alleging that Dr. James H. McCormick the President of Bloomsburg State College, the Board of Trustees of Bloomsburg State College, and John Pittenger, the Secretary of Education of the Commonwealth of Pennsylvania have violated his constitutional righ...
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In this seaman’s personal injury suit, brought under the Jones Act and general maritime law, plaintiff, after a jury verdict in his favor, moved for a new trial because of the alleged prejudice arising from a question by defense counsel asking the plaintiff whether he was receiving workmen’s compensation. 1 This happened in the following manner, during interrogation of the plaintiff ...
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ORDER Petitioner, Elmer Eugene Franklin, is incarcerated in the federal penitentiary at Leavenworth, Kansas, having been found *1185 guilty by a jury of the crime of bank robbery and having been sentenced on June 4, 19.73, to a 15 year term of imprisonment. He has filed a motion pursuant to 28 U.S.C. § 2255 requesting the judgment and conviction in criminal case No. 27826 be vacated and set a...
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DECISION After a bench trial of this securities fraud action brought pursuant to Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5, and the common law of the State of New York, plaintiff Howard *1192 Hoffman is granted judgmént against defendants Gail and Joel Baron and Benjami...
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OPINION This matter is apparently one of first impression and presents a classic confrontation between the rights of parents, 1 the rights of their minor, unemancipated children, the rights of the family, and the interests of the State. To this date the Supreme Court has not examined in depth the relationship between the rights of parents and the rights of their minor children. Nor has the Co...
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MEMORANDUM-DECISION AND ORDER The plaintiffs and defendants have both moved for summary judgment on the first claim for relief asserted in the complaint. That claim challenges the right of the defendants, Commissioners of the New York State Commission on Cable Television (State Commission), to regulate the charges for pay cable TV on the ground that the matter has been preempted by the Fe...
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ORDER Defendant Peggy Dorene McDaniel has filed multiple Motions herein to which the Government has responded and which Motions are ruled on by the Court as follows: MOTION FOR REPORTS OF EXAMINATIONS AND TESTS In this Motion, Defendant requests that she be permitted to inspect and copy any results or reports of examinations and tests made by Plaintiff and that she be afforded a sample of t...
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OPINION AND ORDER These cases have been consolidated for purposes of considering Defendants’ Motions for Summary Judgment which raise one issue: whether an employee covered by the Puerto Rico State Insurance Fund can invoke Puerto Rico’s Direct Action Statute, 26 L.P.R.A. 2001 et seq., against an insurer of a State Insurance Fund — insured employer. Defendants aver that an insurance ...
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MEMORANDUM DECISION This lawsuit arises out of the allegedly defective shipment of approximately twenty-three tons of Italian knit fabric received by the purchaser, plaintiff Top Form Mills, Inc., in early 1974. The plaintiff has named as defendants all parties involved in the manufacture and delivery of the fabric. Presently before this court are motions by two foreign defendants, Societ...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on the class defendant’s motion for summary judgment. The present case involves the interpretation of Section 5(a) of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1604(a) (hereinafter ANCSA or Act) as amended by Pub.L. 94-204, 89 Stat. 1145. The central issues presented by this motion are whether the Secretary of the Interior has the ...
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This suit challenges the constitutionality of the “transfer rule”, adopted by the Louisiana High School Athletic Association. That rule restricts the eligibility of a child to compete in inter-scholastic high school athletic contests if the child, upon completion of the seventh or eighth grade, enrolls in any high school other than the one in the child’s home district. The constitutional challe...
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MEMORANDUM OPINION This is an action in which plaintiff, John B. Horne, Jr., brought suit against his former brokerage firm, Francis I. duPont & Co. (duPont), and his former account representative at duPont, William D. Bergquist, alleging fraud and conversion by defendants in connection with their handling of his securities investment account at duPont during the period April through Nove...
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MEMORANDUM OPINION This is an action in which Carol D. Watson, a citizen of Virginia, brought suit against Dr. Pasquale DeFelice, a citizen of Maryland, for malpractice and breach- of contract arising out of events that took place in 1973 when Watson retained Dr. DeFelice as her physician. The gist of the action is that Dr. DeFelice acted negligent *1277 ly and in breach of a...
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OPINION The plaintiffs in this case have demonstrated at trial that a reapportionment ordinance of the City of Wilmington violated the Equal Protection Clause of the United States Constitution. See Cohen, et al. v. Maloney, et al., 410 F.Supp. 1147 (D.Del.1976). They now seek an award of attorney’s fees against some of the individual defendants pursuant to 42 U.S.C. ...
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MEMORANDUM OPINION This is one of several actions pending before us arising from the crash of a Cessna 177 Cardinal airplane on August 24, 1974. In this action, plaintiff, widow of, and executor of the estate of one of the decedents, has brought suit against the Cessna Air *1286 craft Corporation, alleging that the airplane was unreasonably dangerous and that Cessna breached various warrantie...
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A title insurance agent sues two title insurance companies and their Louisiana agent for illegally conspiring in violation of the federal antitrust laws to exclude them from the title insurance business. It contends that it was driven out of business as an agent because the defendants conspired to commit acts that resulted in the cancellation of its title insurance agency license by the Louisia...
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On October 10, 1973, Spiro T. Agnew, the defendant herein, entered a plea of nolo contendere to a one count criminal information charging him with evasion of federal income taxes in violation of 26 U.S.C. § 7201. On the same day Judge Walter E. Hoffman, of the Eastern District of Virginia, sitting by designation, accepted that plea and imposed a sentence of a $10,000 fine and three years unsuperv...
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OPINION Plaintiffs commenced this class action to recover communications excise taxes which they allege were overcollected by defendants, acting as statutory collecting agents for the government. The plaintiffs are users of “Centrex” systems, 1 a form of telephone service used primarily by businesses and other large organizations, which permits communication between different t...
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MEMORANDUM OPINION AND ORDER This is an action by the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, AFL-CIO (the Union), brought under the Railway Labor Act (the Act), 45 U.S.C. § 151 et seq. The defendant is the Philadelphia, Bethlehem & New England Railroad Company (the Railroad), a Pennsylvania corporation engaged in i...
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OPINION In this action, the plaintiffs are suing nine banks, trust companies and savings, and loan associations 1 in the State of Delaware that are in the mortgage loan business. 2 Five separate counts are listed in the complaint involving claims under the antitrust laws, the Truth in Lending Act, Delaware state law and, as to several of the defendants, the Home Owne...
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RULING ON THE MERITS Plaintiff, Ruby W. Young, is claiming damages under the Truth-in-Lending Act (TLA), Title 15 U.S.C. § 1601, et seq., from Ouachita National Bank in Monroe. Counsel filed cross motions for summary judgment, and submitted them for decision on the basis of the complaint, motions, supporting documents, and written arguments. On January 12, 1976, plaintiff effected a loan wi...
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MEMORANDUM AND ORDER Presently before the Court are the post-trial motions of the defendant, Edward Pearce, for a judgment of acquittal and/or for a new trial. On February 24, 1977, the jury returned a verdict of guilty on the one count indictment which charged the defendant with making a false declaration before a federal grand jury in violation of 18 U.S.C. § 1623. After carefully considering a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This civil action arises out of the collision between the trawler LITTLE CHIP and the oil tanker SS TEXACO OHIO. Trial of the case was held on October 8, 1976, after which the parties were afforded the opportunity to present additional briefs. The Court then took the matter under submission. Based on the evidence adduced at trial and the law applicable ...
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ORDER This Truth-in-Lending action is before the Court on the recommendations of the Special Master. The Special Master recommended that the motions by plaintiff and defendants for summary judgment be partially granted and partially denied. More specifically, the Special Master recommended that defendants’ security interest in plaintiff’s home be terminated; that plaintiff be declared to ...
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ORDER Petitioner, a federal prisoner incarcerated at the Atlanta Federal Penitentiary, has brought this habeas corpus petition challenging the Bureau of Prisons’ designation of him as a special offender and central monitoring case, and seeking a new parole hearing because such a designation allegedly influenced the Parole Commission’s decision to deny him párole in August 1975.. The court order...
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OPINION OF THE COURT This is an action for declaratory and injunctive relief to declare unconstitutional and to permanently enjoin the enforcement of the North Carolina involuntary commitment procedure set forth in Article 5A of Chapter 122 of the North Carolina General Statutes. Since the complaint draws into question the constitutionality of a state statute, a three-judge court was conv...
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OPINION FINDINGS OF FACT and CONCLUSIONS OF LAW In 1973, plaintiff Jesus Torres, a 28 year old Mexican national, illegally entered the United States for the purpose of seeking employment with the Union Pacific Railroad Company in the state of Idaho. Plaintiff’s family, consisting of a wife and four children remained in Mexico. Plaintiff was first employed by the Union Pacific on a temporary basis...
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MEMORANDUM AND ORDER The Secretary of Labor is seeking to enforce the equal pay provisions of the Fair Labor Standards Act (“the FLSA”), as amended, 29 U.S.C. § 206(d)(1). 1 The complaint now alleges that Edward J. Meyer Memorial Hospital, which is owned and operated as a public general hospital by Erie County, has discriminated on the basis of sex by paying wages' to female “c...
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*1377 OPINION Jurisdiction Nilsen v. Mutual Marine Office, Inc., Civil Action No. 75-1762-F, is a bill to reach and apply the proceeds of an “excess” policy of insurance, written by the defendant, Mutual Marine Office, Inc. (Mutual Marine) to satisfy the judgment debt of its insured, Lofoten Island Fishing Corporation. The plaintiff, Mrs. Nilsen, is a citizen of M...
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428 F.Supp. 1382 (1977) FIDELITY FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation, and Home Savings & Loan Association, a corporation, Plaintiffs, v. PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, Defendant. No. P-CIV-76-36. United States District Court, S. D. Illinois, N. D. April 7, 1977. *1383 John J. Blake, Richard J. Neagle, Jr., Galesburg, Ill., Lyle W. Allen, ...
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DECISION AND ORDER The plaintiffs are two savings and loan associations, doing business at Galesburg, Illinois, in this district. The defendant is a title insurance company, incorporated under the laws of the- State of California. The cause is now before the court on cross-mo*1384tions for summary judgment. It is necessary, at the outset, to frame a proper context of the complaint to see both wha...
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MEMORANDUM This case arises out of a dispute between Bristol Laboratories Division of Bristol-Myers Company (Bristol) and Elmer B. Staats, Comptroller General of the United States, regarding the scope of Staats’ contractual right to inspect Bristol’s books and records. Bristol and the United States, as intervenor-defendant, seek a declaration of their respective rights and a corresponding injun...
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