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Opinions in f-supp Volume 465

MEMORANDUM OPINION This matter is before the Court upon the Motion for summary judgment filed by the defendants John Edwin Daubenheyer and the Boy Scouts of America. The plaintiffs are the parents of the decedent Paula J. McKenzie. Ms. McKenzie died in an automobile accident on July 6,' 1975, at the Philmont Scout Ranch in New Mexico. Ms. McKenzie had graduated from the University of Kansas Medic...
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FINDINGS, RULINGS AND ORDER FOR JUDGMENT In this action, plaintiff seeks a declaratory judgment that it is not liable for further royalty payments under a patent license agreement and recovery of alleged overpayments made under a mistake .of law. Defendant has counterclaimed for unpaid patent royalties and for an accounting of alleged trademark royalties which it claims are due under the ...
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This is an action for breach of contract and false representations which plaintiff originally brought in Vermont Superior Court, Caledonia County. In its complaint, filed on September 21,1978, plaintiff alleges that it is a Canadian corporation, defendant Railco, Inc. is an Oregon corporation, defendant Foley Brothers, Inc. is a Minnesota corporation and “Defendant FoleyRailco is a joint venture f...
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MEMORANDUM OPINION This matter is before the Court on cross-motions for summary judgment. The question presented to the Court for review is whether the Occupational Safety and Health Administration (hereinafter referred to as “OSHA”) of the Department of Labor exceeded its authority in amending an interpretive guideline regarding payment of employees for normal work time spent accompanying OSHA...
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OPINION This is an action relating to the election of officers in a labor organization. Plaintiff is presently the Executive President of the American Guild of Variety Artists (“AGVA”). Defendant Cory is a contender .for the office of Executive President. The other defendants are the Secretary of Labor and the Department of Labor. On October 13, 1978 I granted plaintiff’s application for a te...
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465 F.Supp. 22 (1978) McDONNELL DOUGLAS CORPORATION, Plaintiff, v. Ray MARSHALL et al., Defendants. EMERSON ELECTRIC COMPANY, Plaintiff, v. Harold BROWN et al., Defendants. CHRYSLER CORPORATION, Plaintiff, v. Ray MARSHALL et al., Defendants. Nos. 75-103C(B), 75-55C(B) and 74-850C(B). United States District Court, E. D. Missouri, E. D. November 29, 1978. *23 *24 Edward J. White, Alexandria, Va., T...
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*31FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671, et seq., for the death of plaintiff’s husband, Soren J. Larson. Her claim, in the amount of $25,054.79, was denied and her administrative remedy exhausted. We make the following findings and conclusions: 1. On December 9, 1972, Mr. Larson entered the lobby of the United States P...
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Shortly after eleven on the evening of October 6,1975, two automobiles collided at the intersection of Park Avenue and Sixty-first Street in Manhattan. One car, owned by the United States and operated by Richard Flynn, an agent of the Bureau of Alcohol, Tobacco, and Firearms, came to rest at the southwest corner of the intersection. The other, owned and operated by Donald Scanlon, continued sou...
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ORDER ON REMAND AND ATTORNEYS FEES In March, 1971, the plaintiffs filed a complaint under Title 42 U.S.C. § 1983 challenging the Florida practice which permitted persons to be held in custody solely upon probable cause determinations made by state attorneys. In their complaint the plaintiffs also questioned the constitutionality of the use of money bail as a condition of release for indig...
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MEMORANDUM OPINION AND ORDER This is an appeal from the bankruptcy court to the district court by the bankrupt, Ford Stephens, from a determination by the Bankruptcy Judge, that $31,140.00 for past due alimony was not dischargeable by virtue of § 17a(7) of the Bankruptcy Act, Title 11 U.S.C. § 35a(7) which provides in relevant part that a discharge releases a bankrupt from all provable debts ex...
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OPINION The plaintiff, Anthony Marcello, formerly a managerial employee of the Long Island Railroad (“LIRR”), commenced this action pursuant to 42 U.S.C. § 1983 against the LIRR, its former president, R. K. Pattison, and other LIRR employees, alleging a deprivation of his constitutional rights in connection with the termination of his employment. 1 Plaintiff seeks relief in the...
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MEMORANDUM Plaintiff, Arthur C. Kreiger, brings this action against defendants Merifield Acres, Inc., Virgil Painter and James May under 42 U.S.C. §§ 1981, 1982, 3604, 3610, 3612 and 3612(b). Jurisdiction vests in this, court pursuant to 28 U.S.C. §§ 1343(3) and (4), 28 U.S.C. § 2201 and 42 U.S.C. § 3612. Plaintiff, a white citizen, was employed as a real estate agent by defendant Me...
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MEMORANDUM Plaintiff, James A. Hunley, brings this action pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking a review of a final decision of the Secretary of Health, Education, and Welfare denying Mr. Hunley’s application of July 15, 1976 seeking a period of disability, disability insurance benefits, and a supplemental security income. The sole issue is whether t...
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OPINION The plaintiff has brought an action to recover for personal injuries allegedly sustained while he was vacationing at a Pennsylvania resort. The defendant, Wiltemp Corporation, is a citizen of Pennsylvania and owner of the resort styled “BrookdaleOn-The-Lake.” For convenience, the Court will refer to the defendant as “Brookdale.” Brookdale has now moved for dismissal of the complaint, al...
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*76 MEMORANDUM OPINION This is an action brought by plaintiff Quaker State Oil Refining Corporation (hereinafter Quaker State) to review and set aside orders of the Interstate Commerce Commission in Docket No. 36092, entitled Quaker State Oil Refining Corporation v. The Baltimore and Ohio Railroad Company. In this action, Quaker State filed a complaint alleging that th...
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ORDER This cause comes before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. Rule 12(b)(6), F.R.Civ.P. This is an action for wrongful death. Plaintiff’s decedent, Siegfried Leschkies, an Illinois domiciliary, drowned while using a swimming pool owned and operated by the defendant in Wisconsin. The plaintiff, Frank Leschkies, ...
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MEMORANDUM OF DECISION This case is now before the court on the Government’s motion for summary judgment seeking an order that would direct the defendant, New England Merchants National Bank, to permit access by authorized representatives of the District Director of Internal Revenue into a safe deposit box rented by a delinquent taxpayer. The established facts can be briefly summarized as...
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MEMORANDUM OPINION This matter is now pending on a motion to dismiss the indictment filed by the defendant, Charles Leroy Woods, for failure on the part of the United States to follow the Interstate Agreement on Detainers Act, 18 U.S.C.App. (Supp.1978) (hereinafter “Agreement”). The facts are simple and not in dispute. The defendant has been incarcerated on a state charge since March 8, 1978, at t...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In this declaratory judgment action, the plaintiffs, Hines and Timely Products, Inc., seek to invalidate the agreement by which the corporation contracted to pay defendant Costanzo royalties on sales of a product in return for an exclusive license to manufacture and sell the product. Although the contract, made before the product was paten...
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MEMORANDUM OPINION AND ORDER This is a sex discrimination case filed under Title VII of the Civil Rights Act of 1964. It was originally brought in the Western District of Pennsylvania and was transferred on February 22, 1978 to this district, for the convenience of the parties and witnesses. Defendant now moves to dismiss for lack of subject matter jurisdiction. Plaintiff was the onl...
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ORDER THIS CAUSE has come before the Court for review upon the following motions: 1) Polysar International’s Motion for Summary Judgment. 2) Inversiones Navieras Imparca’s Motion to Amend Complaint. 3) Inversiones Navieras Imparca’s Motion for Default Judgment as to Defendant, Am-Can Freight Forwarders, Inc.; and 4) Inversiones Navieras Imparca’s Motion for Judgment on the Pleadings as ...
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465 F.Supp. 104 (1979) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. DIVERSIFIED INDUSTRIES, INC., et al., Defendants. Civ. A. No. 76-2114. United States District Court, District of Columbia. February 5, 1979. *105 *106 Michael F. Perlis, Adele R. Geffen, Washington, D. C., for plaintiff. Daniel P. Levitt, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, William L. Borden, Washing...
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MEMORANDUM OPINION In the Spring of 1975, the Securities and Exchange Commission (hereinafter, “the Commission”) began investigating charges arising out of a proxy contest between Penn-Dixie Industries, Inc. (hereinafter, “Penn-Dixie”) and Diversified Industries, Inc. (hereinafter, “Diversified”). The Commission’s investigation resulted in the filing of this action on November 15,1976, against Di...
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DECISION and ORDER This action is before me on the plaintiff’s motion for partial summary judgment or a preliminary injunction. I find that partial summary judgment should be granted and also that injunctive relief should be ordered. This action was commenced on January 13, 1978, by John Perrote, a state prisoner, against the secretary of the Wisconsin Department of Health and Social Services, the...
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MEMORANDUM Petitioner, an inmate at the Virginia State Penitentiary, Richmond, Virginia, brings this 28 U.S.C. § 2254 application for a writ of habeas corpus, challenging two Virginia state court convictions. In November, 1975, petitioner was tried by a jury in the Circuit Court of Henrico County, Virginia, convicted of first degree murder, and thereafter sentenced to life imprisonment. S...
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SUPPLEMENTAL AND AMENDING MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION This matter is before the Court on. the joint motion of Continental Oil Company, Plaintiff herein (“Continental”), and the Defendants, Albert B. Crutcher, Jr., J. D. Tufts, II, Crutcher-Tufts Corporation, Clifton A. Cowan, Oran R. Carter, Edward E. Miller, Richard E. Heffner, Charles R. Ward, and Rober...
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MEMORANDUM This matter comes before the Court for final hearing on the petition of Hassan Mir-shah Valad for naturalization pursuant to 8 U.S.C. § 1447. Jurisdiction of the court is premised on 8 U.S.C. § 1421. The naturalization examiner has recommended that Mr. Valad’s petition be denied on the grounds that he has failed to establish that he is and has been a person of good moral character as re...
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OPINION This is an action for preliminary injunction for trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq. and for unfair competition under § 368-d of the General Business Law of New York (McKinney). The court has jurisdiction of the federal claims pursuant to 28 U.S.C. § 1338(a) and pendent jurisdiction of the state claims as well. Plaintiffs seek to enjoin...
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ORDER OF AFFIRMANCE THIS CAUSE came before the Court to review the Order of Dismissal entered by Judge Hyman on December 20, 1976. THE FACTS On January 7, 1976, The Miami Herald, Inc., Miami Purveyors, Inc., and W. L. Nass & Son, Inc. filed a petition in the United States District Court, Southern District of Florida to have the Mousetrap of Miami, Inc. involuntarily adjudged...
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OPINION AND DECISION This is an action for a brokerage commission alleged to be due the plaintiffs for arranging a loan of money from Saudi Arabian interests to either the Government of France or French national corporations. The plaintiffs are citizens and residents of Canada. The defendants E. F. Hutton Group, Inc., and E. F. Hutton & Company, Inc., are Delaware corporations whose principal pla...
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OPINION AND DECISION This is an action for a share of a brokerage commission alleged to be due the plaintiff for participating with others in arranging a loan of money from Saudi Arabian interests to either the Government of France or French national corporations. The plaintiff is a citizen and resident of New York. The defendant E. F. Hutton & Company (France) S.A. (“Hutton (France)”) wa...
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OPINION In these habeas corpus proceedings, Mariano Salomon and Victor Colon challenge their state court convictions for possession and sale of one pound of cocaine. They allege that a conflict of interest rendered their joint representation by one attorney a violation of the Sixth Amendment right to effective assistance of counsel. A brief review of the state trial and of the proceedings on thes...
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RULING ON MOTION This is a market value royalty suit which now is before us on defendant’s motion for partial dismissal. After a hearing on January 18, 1979, the motion was taken under advisement and the parties were ordered to submit supplemental memoranda. After careful consideration of the record, briefs, and arguments of counsel, we grant in part and deny in part defendant’s motion. FACT...
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Order on Government’s Motion for Stay and Ebberwein’s Motion to Dismiss On August 24,1977, the Government filed this action for civil penalties incurred by defendants for claimed violations of the Shipping Act, 1916. 46 U.S.C. § 801 et seq. On April 24, 1978, the Government filed a Motion For Stay Pending Federal Maritime Commission Hearing and Investigation on the subject a...
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MEMORANDUM RULING This action comes before the Court on plaintiff’s motion for summary judgment. The parties have submitted a joint stipulation of facts in order to obviate the need for trial. Plaintiff American Telephone & Telegraph Co. (AT&T) is incorporated in New York, which is also its principal place of business. AT&T maintains an underground telecommunication cable on a conven...
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OPINION The matter here before me is on a motion of the defendant, Allegheny Ludlum Steel Corporation, Division of Allegheny Ludlum Industries, Inc., to dismiss the complaint filed by a former employee, Daniel O. Alston. The complaint was filed on January 30, 1978, and avers that the plaintiff is a black man; that he entered the employment of the defendant on December 28, 1928; that ...
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I. This is a petition for writ of habeas corpus under 28 U.S.C. § 2254. The petitioner, Edmond Jackson, is currently imprisoned at the Green Haven Correctional Facility in the State of New York. He was convicted, after a jury trial, of murder, felony murder, attempted robbery in the first degree, and possession of a weapon, and sentenced to two terms of twenty years to life, a term of thre...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This antitrust suit, involving claims and counterclaims for hundreds of millions of dollars among some of the world’s largest oil companies, arises out of events in the Middle East, particularly Libya, in the early 1970’s. Plaintiffs are three brothers: Nelson Bunker Hunt, W. Herbert Hunt and Lamar Hunt, who as partners owned a concession i...
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MEMORANDUM AND ORDER Plaintiff appeals from the final determination of the Secretary of Health, Education and Welfare terminating, as of September 1, 1974, plaintiff’s entitlement to disability insurance benefits under Title II and supplemental security income benefits under Title XVI of the Social Security Act. Cross motions for summary judgment have been filed. Because there is substantial evide...
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OPINION AND ORDER APPLICATION BY NORTHWEST ENERGY COMPANY FOR AMENDMENT TO VOTING TRUST AGREEMENT Northwest Energy requests this Court’s approval of an amendment to a voting trust agreement entered into between El Paso Company, Northwest Energy and the other interested parties. A determination of whether or not the application should be granted requires a reference to the background of litigation ...
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MEMORANDUM Defendant was convicted by a jury on June 24, 1977, of having conspired with four codefendants to distribute heroin and to possess heroin with intent to distribute. On July 22, 1977, defendant was sentenced to fifteen (15) years imprisonment and a lifetime special parole term. An appeal followed and the case is presently before this Court on remand from the Third Circuit Court of App...
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MEMORANDUM OPINION Plaintiff Mid-Hudson Legal Services, Inc. (“Mid-Hudson”), a federally-funded legal services corporation which provides legal assistance and counseling to migrant farm workers, initially brought this action *263 against G & U, Inc., the operator of a farm in Orange County, N.Y. employing such workers, to gain access to defendant’s camps for the purpose of ad...
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*276MEMORANDUM OF OPINION On February 20, 1975 plaintiff filed the above-captioned appeal from an administrative remedial order. In its complaint The Standard Oil Company of Ohio (Sohio) ' alleges that the Federal Energy Administration’s (FEA) remedial order of September 20, 1974 exceeded the scope of FEA’s authority. Sohio seeks injunctive and declaratory relief. Counterclaimant United States of...
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MEMORANDUM OPINION Plaintiff seeks to recover damages from the United States under the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2672 and other provisions of Chapter 171 of that Title, the procedure for which is prescribed by 28 U.S.C. § 2401, jurisdiction for which is found in 28 U.S.C. § 1346, based on the alleged negligence of the United States in the care and attention of...
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OPINION I. Procedural History Plaintiff Frances Foster, a black female, brought this action pursuant to 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that her dismissal from her position as telephone operator at the Gloucester County Courthouse was motivated by racial prejudice. After extensive pretrial proceedi...
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ORDER Alwood Warren, a North Carolina state court prisoner, entered a plea of guilty to a charge of armed robbery on June 23, 1975, in the New Hanover County Superior Court. Upon this plea, Judge Joshua S. James sentenced him to a term of twelve to fifteen years. His attorney at that time, Mr. Jay Hockenbury, was privately retained. No appeal was taken therefrom, but on July 18, 1977, petitione...
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MEMORANDUM I. INTRODUCTION Plaintiff Riverside Park Realty Company (hereinafter referred to as Riverside) and its owners, William J. Wilson, Jr., and Tommy G. Wilson, filed this suit in the Chancery Court for Williamson County, Tennessee, to enjoin defendant Federal Deposit Insurance Corporation (hereinafter referred to as the FDIC) from foreclosing under a deed of trust on real prop...
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OPINION AND ORDER This is an action under Section 205(g) of the Social Security Act (the “Act”), 42 U.S.C. § 405(g), to review the decision of the Secretary of Health, Education and Welfare (“Secretary”) denying plaintiff Henry Flores (“Flores”) disability insurance benefits. Both parties have moved for judgment on the pleadings. The Facts Flores was born in New York City in...
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MEMORANDUM AND ORDER Plaintiffs American Camping Association (“ACA”) and the New Hampshire Camp Directors Association, Inc. (“NHCDA”) move, on constitutional grounds, for a preliminary injunction restraining enforcement of Article 14 of the New York State Public Health Law. Defendants oppose and move to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. Ar...
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MEMORANDUM AND ORDER This is an action for a declaratory judgment pursuant to 28 U.S.C. § 2201, which defendant has moved to dismiss for failure to state a claim. The dispute arose out of a contract for the construction of an electric generating plant in Rosetón, New York. Plaintiffs Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, and Niagara Mohawk Pow...
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Fortress Re, Inc. (Fortress) brings this action under the Declaratory Judgment Act, 28 U.S.C. § 2201, seeking construction of a Certificate of Facultative Reinsurance issüed by plaintiff to defendant Jefferson Insurance Company of New York (Jefferson) for certain excess coverage of an automobile liability insurance policy issued by defendant to GI Veterans Taxicab Association, Inc., of Baltimor...
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ORDER DENYING PLAINTIFFS’ MOTION TO REMAND AND GRANTING DEFENDANTS’ MOTION TO DISMISS Plaintiffs seek to recoup monies for federal taxpayers for certain federal expenditures on the so-called “Watergate” affair and from the profits Richard Milhous Nixon derived from certain books and speaking engagements based on this period of his Presidency. Plaintiffs’ claim is based on the theory that, havin...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by the Secretary of Labor on January 27,1978 pursuant to 29 U.S.C. § 1132(a) against the defendant, Arthur M. Kelly, seeking relief for alleged violations of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The defendant filed an answer denying any violations of ERISA and raisin...
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MEMORANDUM OF OPINION AND ORDER The plaintiff, Mead Corporation (hereinafter “Mead”), was organized under the laws of Ohio and has its principal place of business in Ohio. Mead has brought this action against four defendants, Allendale Mutual Insurance Co. (hereinafter “Allen-dale”), Allmanna Suenska Elektriska Aktiebolaget Inc. (hereinafter “ASEA Inc.”), Stal-Laval Turbine AB (hereinafte...
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OPINION Plaintiff Goldie Kaminski commenced this action pursuant to section 205(g) of the Social Security Act 1 for judicial review of a final decision of the Secretary of Health, Education and Welfare (“HEW”) denying plaintiff’s application for disability insurance benefits. 2 Each side now moves for judgment on the pleadings, pursuant to Rule 12(c) of the Federal R...
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OPINION I Introduction This is an action brought by the Official Liquidators of the British American Bank, *375 Ltd. (“B.A. Bank”), a Bahamian banking company now in compulsory liquidation, against First National City Bank (“Citibank”), a national banking association with its principal place of business in New York City. This court has jurisdiction of this ...
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ORDER Pursuant to the memorandum and order entered herein on 29 November 1978, Green v. Carbaugh, 460 F.Supp. 1193 (E.D.Va. 1978), defendant Commissioner of Agriculture filed his brief in opposition to the awarding of counsel fees to plaintiffs in this case. Plaintiffs filed their joint reply brief and defendant waived his right to file a rebuttal brief. The matter is now ripe for the consideratio...
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OPINION This action for damages for libel is an aftermath of the famous Fountain Valley murder trial in the United States District Court of the Virgin Islands, Division of St. Croix. 1 Shortly after the return of the verdicts of guilty and the sentencing of all five defendants, THE ST. CROIX AVIS published an article containing a letter which had been received during the trial ...
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OPINION AND ORDER The Grand Jury, in a two-count indictment, filed September 11,1978, charged the defendants, Manuel Rivera, Maximino Ramirez, Domingo Torres, 1 David Lopez, Rafael Melendez, Petra Vila Mathaus, Olga Galarza, Ramon Gonzalez, Julio Perez Cestero and Jane Doe (later identified as Maria Elena Zea-Carpio,) with conspiring to import and distribute a large quantity of heroin, in vio...
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MEMORANDUM Plaintiff Jeannine Honicker brought this action seeking an injunction ordering defendants, members of the United States Nuclear Regulatory Commission (the NRC), to revoke the licenses of all nuclear fuel cycle facilities within the jurisdiction of the Commission. According to plaintiff, nuclear power production activities sanctioned by defendants pose an unavoidable health haz ...
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MEMORANDUM AND ORDER This action presently pends before this Court for consideration of the defendants’ Motion to Dismiss the Plaintiffs’ complaint. That complaint, filed in this Court and with the Indiana Insurance Commissioner on July 3, 1978, purports to state a claim against the defendants for a medical malpractice based upon the defendants’ alleged negligent care and treatment of the...
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MEMORANDUM This action has been brought pursuant to Section 301 of the Labor Management Relations Act of 1947 (29 U.S.C. § 185) alleging breach of a collective bargaining agreement. Most of the facts have been stipulated. The issue before the Court is whether a labor arbitration board has the authority to *436 reverse its previous decision regarding a seniority dispute. ...
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MEMORANDUM This group of cases involves application of U. S. v. La Salle Nat’l Bank, 437 U.S. 298, 98 S.Ct. 2357, 57 L.Ed.2d 221 (1978), as well as consideration of U. S. v. McCarthy, 514 F.2d 368 (CA3, 1975) and U. S. v. Genser, 582 F.2d 292 (CA3, 1978) (revised opinion replacing the one published in the advance sheets, see Editor’s Note; 572 F.2d 406), as well as various statutes and re...
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MEMORANDUM AND ORDER This is an action brought under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final decision by the Secretary of Health, Education and Welfare which denied plaintiff’s claim for a period of disability and disability benefits. Both parties have moved for summary judgment. After reviewing the record on appeal and the briefs of counsel for ...
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OPINION This opinion addresses the plaintiffs’ 1 motion for an order approving the Wilmington Board of Education’s establishment of a $40,000 escrow account to permit payment *447 of legal fees and expenses for the continued representation of the plaintiffs’ interest in this litigation. 2 A summary of the procedural and factual background is necessary to...
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MEMORANDUM AND ORDER This action, challenging the hiring and promotional practices of the Philadelphia Police Department on racial grounds, was instituted on December 21, 1970. As a result of various statutory changes, amendments to the pleadings, class-action rulings, and allowances of intervention, the case now includes as plaintiffs the Commonwealth of Pennsylvania, a class consisting of all...
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OPINION Howard Beldock, as trustee of Rondon Trading Corp. (“Rondon”), commenced this action to recover voidable preferences that Rondon allegedly paid to the defendant, Braun North American (“Braun”) in violation of § 60 of the Bankruptcy Act, 11 U.S.C. § 96. Defendant has filed a motion to dismiss on the ground that this court lacks personal jurisdiction over it. Rule 12(b)(2) Fed.R.Civ.P. Plai...
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MEMORANDUM AND ORDER Plaintiff filed suit against the administrator of his local steamfitters union and the association of employers which contribute to its pension plan alleging that he is entitled to an early retirement and that the defendants have “acted unreasonably, arbitrarily and capriciously in forfeiting his pension rights.” Because plaintiff is a union member asserting a violation of ...
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OPINION This is a suit under the Federal Tort Claims Act. Claimants contend their children were injured because the government negligently permitted the mails to be used for the delivery of a highly dangerous substance. Unresolved questions of material facts affecting the nature and scope of the government’s responsibility require its present motion for summary judgment to be denied. Plaintif...
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OPINION This diversity case is before the court upon remand from the Fifth Circuit Court of Appeals, which reversed a previous judgment of this court in Fidelity and Deposit Company of Maryland v. USAFORM Hail Pool, Inc., 523 F.2d 744 (5th Cir. 1975), cert. denied, 425 U.S. 950, 96 S.Ct. 1725, 48 L.Ed.2d 194 (1976) (“USAFORM II” ). The plaintiff...
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MEMORANDUM OPINION Plaintiff is a member of the International Society of Krishna Consciousness, a nonprofit religious society, which requires its devotees to perform a religious ritual called Sankirtan, consisting in part of efforts to spread the religion’s truths through the dissemination of religious tracts and solicitation of contributions. Defendant James Lilly is the Grapevine Police...
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OPINION This action is brought under the civil rights laws against various individual officers of the Philadelphia Police Department to redress alleged violations of the plaintiff’s constitutional rights. 1 The defendants have moved for summary judgment on *512 the ground that the issues raised in this suit have been previously litigated and decided unfavorably to ...
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OPINION Petitioner seeks a writ of habeas corpus, 1 challenging his 1964 conviction in the Massachusetts Superior Court of a number of charges, including murder in the first degree of a Boston policeman. 2 At trial, petitioner’s confession was admitted in evidence. The admission of that confession underlies the instant petition. I. The confession at issue was obtained from petitioner ...
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In this case, the plaintiff, Judith M. Fitzgerald, brought suit for payment of a $50,-000 insurance policy on the life of her deceased husband, John M. Fitzgerald. The defendant, Franklin Life Insurance Company, defended against the claim on the ground that a material misrepresentation as to the deceased’s health on a reinstatement application voided the policy. At the end of all the evidence, ...
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MEMORANDUM OPINION The petitioner, Larry Markham, currently confined at the State Prison of Southern Michigan at Jackson, Michigan, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In support of his application, the petitioner alleges the following constitutional deprivations: 1. Violation of his Fourteenth Amendment rights of due process and equal protection bec...
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MEMORANDUM AND ORDER The plaintiff, Jack Lester, is employed by the United States Postal Service, the defendant herein. The Postal Service transferred Lester from Phoenix, Arizona, to Los Angeles, California, effective December 3, 1977. Lester appealed this decision to the U. S. Civil Service Commission contending that the transfer constituted a reduction in rank, and thus an adverse action to ...
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OPINION Plaintiffs and their attorneys in this class action have submitted a petition pursuant to Rule 23(e), Fed.R.Civ.P., and in accordance with Civil Rule 11B of the Local Rules of the Southern District of New York, seeking approval of a proposed settlement, an award of attorney’s fees, and reimbursement of expenses. Plaintiffs alleged violations by the defendants of Section 10(b)...
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OPINION Plaintiffs Irving Kaplan and Frances Kaplan are suing derivatively on behalf of General Telephone & Electronics Corporation (“GTE”), alleging violations of sections 10(b), 12(b), 13(a) and 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 781(b), 78m(a), 78n(a) (“the Act”), and waste of assets and breach of fiduciary duties under state law. 1 Plaintiff ...
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Defendant’s motion in limine seeking this court’s Order prohibiting plaintiff from offering in evidence an audio-video tape. The tape portrays plaintiff, his wife and hospital personnel, and records their conversations and other utterances during the course of a physical therapy treatment administered to plaintiff in connection with burns which he received in the automobile accident out of which ...
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MEMORANDUM This suit is by the owner of a single story frame house and garage in Chicago which, without notice to him and without his authority, were ordered demolished by an employee of a federal agency. Invoking the Federal Tort Claims Act, 28 U.S.C. § 2674, the owner seeks to recover damages from the United States in the sum of $15,808 he claims to have paid in rehabilitating the house, a proje...
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465 F. Supp. 576 (1979) CAROLINA ACTION, Plaintiff, v. T. E. PICKARD, Jr., John G. Pritchard, James A. Todd, Individually and as members of the Charity Solicitation Commission of the City of Charlotte, N. C., and the City of Charlotte, North Carolina, Defendants. No. C-C-76-236. United States District Court, W. D. North Carolina, Charlotte Division. February 12, 1979. Louis L. Lesesne, Jr., Chamb...
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In 1974, the plaintiff, Poplar Grove Planting and Refining Co., Inc. (hereinafter referred to as Poplar Grove), opened a sugar commodities trading account with Bache Halsey Stuart Inc. (hereinafter referred to as Bache), out of Bache’s Houston office. In its first year in the commodities market, Poplar Grove lost approximately $220,000. The following year the account was transferred to Bache’s ...
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MEMORANDUM AND ORDER By motion submitted without oral argument on February 7, 1979, defendant seeks to dismiss this action pursuant to FRCP 12(b) on grounds that the court lacks subject matter jurisdiction and that no claim is stated upon which relief can be granted. Plaintiff, a federal employee, was injured in a motor vehicle accident in New York *598 State on March 6,...
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OPINION The defendant moves to vacate a maritime attachment obtained by plaintiff 1 and for the release of funds attached. The attachment was obtained after an arbitration proceeding had been initiated in London, England, wherein both parties designated their respective arbitrators pursuant to a charter party. Before commencement of this action, plaintiff, “in view of the prese...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Issue and Holding The essential issue in this case is whether the defendants have made reasonable efforts to accommodate their operations to the plaintiff’s religious beliefs. The court has concluded that the defendants have not made such reasonable effort and have thus violated the law. The findings of fact and conclusions of law which sup...
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MEMORANDUM AND ORDER In this Title VII action brought pursuant to 42 U.S.C. § 2000e, et seq. plaintiff has moved for an order disqualifying the defendants who are a law firm practicing as a partnership from representing itself in this action on the grounds that one or more of the partners, including the counsel of record, will be called as witnesses herein, and such representation by the defe...
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ORDER This matter is before the Court on petitioner’s request for habeas corpus pursuant to 28 U.S.C. § 2241. The matter came before the Court for hearing on defendant’s motion to dismiss, and the Court has heard oral arguments of counsel and has examined the pleadings and memos on file. In this ease of first impression, the pertinent facts are as follows. On January 25, 1978, petitioner commence...
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MEMORANDUM AND ORDER I. FACTS On September 19, 1975, judgment in the amount of $1,321,924.06 was entered against Continental Mortgage Investors (CMI) in favor of Sailboat Key, Inc. (Sailboat) by the Circuit Court of Dade County, Florida. Sailboat filed this judgment in the records of that court on September 22, 1975 and, pursuant to Fla.Stat. § 55.10, it became a lien on all real property of CMI i...
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PRETRIAL ORDER NO. 41 MEMORANDUM OPINION On February 24, 1978, plaintiffs filed motions to compel the deposition testimony of Eugene Blankenheim, Richard Hill, Richard Longnecker, James McNevins, Michael Noonan, Alexander Pasternack, Robert Stu-berg, and George Sutch. On March 17, 1978, plaintiffs filed additional motions to compel the deposition testimony of Clarence Gene DeRocher an...
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465 F.Supp. 629 (1979) In the Matter of PARKVIEW-GEM, INC., a Delaware Corporation, Debtor. William F. MAUER, Trustee, Plaintiff/Appellant, v. CORONDOLET REALTY TRUST, Defendant/Respondent. Nos. 78-0731-CV-W-2, 73-B-1683-W-2. United States District Court, W. D. Missouri, W. D. February 20, 1979. *630 *631 Patrick Lysaught, Jackson & Sherman, Kansas City, Mo., for plaintiff-appellant. Michael ...
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MEMORANDUM OPINION AND ORDER AFFIRMING THE DECISION OF THE BANKRUPTCY JUDGE I. INTRODUCTION This is an appeal by the trustee for Park-view-Gem, Inc., a debtor in reorganization proceedings under Chapter X of the Bankruptcy Act, 11 U.S.C. §§ 501 et seq. (1970). The Bankruptcy Court allowed in part certain claims asserted against Parkview by Corondolet Realty Trust. Corondolet has not appealed thos...
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OPINION In this wrongful death action, brought in federal court by virtue of diversity of citizenship, the defendants have moved to dismiss, asserting that the plaintiff cannot, as a matter of law, satisfy the $10,000 amount in controversy requirement. The defendants in this action are both domiciliaries of New York, while the plaintiff, as was his decedent, is a domiciliary of Florida. T...
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OPINION Plaintiffs and defendant Office of Rent Administration (the “ORA”) of the New York State Division of Housing and Community Renewal both move for summary judgment pursuant to Fed.R.Civ.P. 56. For the following reasons, defendant’s motion is granted and plaintiffs’ motion is denied. Plaintiffs have adopted defendant’s statement of the facts pursuant to Rule 9(g) of the Southern District Gene...
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OPINION Petitioners were members of an army reserve unit located in the Western District of Pennsylvania who were involuntarily placed on active duty in Fort Sill, Oklahoma, allegedly for failing to comply satisfactorily with their duties as reservists. While within this District on Christmas leave, the Petitioners filed with the Court Petitions for the Issuance of Writs of Habeas Corpus to determ...
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*650 MEMORANDUM OPINION Plaintiff, Alabama Bancorporation (“Bancorporation”), is a Delaware corporation and holding company which owns all the capital stock (except for directors’ qualifying shares) of plaintiff The First National Bank of Birmingham (“FNB”), a national banking association, and fourteen other banks located in Alabama. Defendants John C. Henley, III (“Henley”) and ...
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OPINION Dr. Stefan Issarescu is a seventy-two year old pathologist at the Veterans Administration (V.A.) Hospital at Davis Park in Providence, Rhode Island. Still being able and eager to continue his work at the V.A. hospital, Dr. Issarescu questions the constitutionality of 5 U.S.C. § 8335, the statute which mandated his retirement at age seventy. It is of little comfort to Dr. Issarescu tha...
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ORDER OF DISMISSAL The jurisdiction of this court is invoked pursuant to the administration and enforcement provisions of the Wild Free-Roaming Horses and Burros Act, as amended, 16 U.S.C. §§ 1331-1340, and the Civil Rights Act under 42 U.S.C. § 1983,28 U.S.C. § 1331 and 28 U.S.C. § 1391(e). Plaintiffs allege that defendants herein, acting under the apparent authority of the Wild Free-Roaming...
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MEMORANDUM OPINION This is an antitrust case brought by the North American Soccer League (“NASL”) and 21 of its member clubs against the National Football League (“NFL”) and 25 of its member clubs to test the legality under the Sherman Act, 15 U.S.C. § 1 et seq., of a proposed amendment to the NFL’s constitution and by-laws implementing a “cross-ownership ban.” The amendment, i...
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MEMORANDUM AND ORDER Petitioner, presently confined at the Missouri State Penitentiary, has filed a habeas corpus petition under 28 U.S.C. § 2254 through his retained counsel.1 He challenges two convictions for second degree murder imposed after a single jury trial in the Circuit Court of Jackson County, Missouri in late 1974. A direct state appeal was unsuccessful. State v. Franco, 544 S.W.2d 533...
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MEMORANDUM OPINION AND ORDER On January 8, 1979, plaintiff filed this action for declaratory and injunctive relief in the Common Pleas Court of Cuyahoga County, Ohio, Case Number 79-993400. On January 16, 1979, defendants removed this case to this Court invoking 28 U.S.C., Sections 1441, 1443, and 1446. Plaintiff, a taxpayer residing in the Cleveland School District, seeks a temporar...
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The Regional Director for Region 8 of the National Labor Relations Board (“Board”) has petitioned the Court to issue a temporary injunction, pursuant to Section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160(j), to restrain Respondent C & W Mining Co., Inc. 1 (“Company”) from committing further alleged unfair labor practices, as charged by the Fraternal Association of Spe...
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MEMORANDUM This is a non-jury case in which the plaintiff seeks severance pay benefits. It is brought under the Employee Retirement Income Security Act of 1974 [ERISA]. The case was heard by the Court on November 30, 1978 and both parties have filed proposed findings of fact and conclusions of law. The facts in this case are essentially undisputed. Plaintiff, a former employee of def...
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OPINION In this action plaintiffs allege that in 1976 defendants G & G Produce Dealers, Inc. (“G & G Produce”) and Stanley Gurda (“Gurda”) engaged the services of Modesto Ramirez (“Ramirez”) as a farm labor contractor without first determining that he possessed a valid certificate of registration from the United States Secretary of Labor. If true, the alleged acts constitute a violation o...
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ORDER Datacon, Inc. has sued Dun & Bradstreet, Inc. seeking actual and exemplary damages arising out of the publication and circulation of an allegedly “untrue and libelous” credit report. Dun & Bradstreet is a mercantile agency which provides credit information to its subscribers under subscription agreement. The contracts between Dun & Bradstreet and its subscribers provide for a contin...
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MEMORANDUM AND ORDER This action arises out of a labor dispute between petitioner, United Artists Eastern Theatres, Inc. (“UA”), and Local 640, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO (“the Union”). The Union sought to arbitrate the dispute but UA originally petitioned the State court to stay arbitration on...
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MEMORANDUM OPINION AND ORDER The infant plaintiff Tawnee Gaither was injured on August 25,1977, when the school bus in which she was riding collided with a truck on Woolper.Road in Boone County, Kentucky. The bus was owned by the Boone County Board of Education and was operated by its employee, Larry Issac; the truck, owned by Joseph Kahman, was driven at the time of the accident by Roger Noble. D...
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MEMORANDUM Plaintiff Jacqueline Boedeker brought this suit pursuant to 42 U.S.C. § 2000e et seq., alleging discrimination on account of sex. This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in evidence, the stipulations of the parties, and being otherwise fully advised in the premises hereby makes the foll...
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MEMORANDUM AND ORDER Plaintiff, Robert J. Monnier, Sr., a diabetic, has brought this case to challenge the validity of several motor carrier safety regulations promulgated by the Department of Transportation, which regulations prevent, diabetics who require insulin treatment from operating trucks inter-city and interstate. Both the plaintiff and the defendants have moved for summary judgment st...
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MEMORANDUM On January 26,1979, a federal grand jury returned an eight count indictment against Harold D. Horak, the chief security officer for Pamida, Inc. Four of the counts relate to the illegal interception and disclosure of wire or oral communications of the employees of Pamida, in violation of various sections of 18 U.S.C.A. § 2511(1) (1970). The remaining counts allege perjury before the ...
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MEMORANDUM OF DECISION AND ORDER This action was brought by plaintiff in State court ‘against defendant Farrell Lines Incorporated (“Farrell”), the owner of the SS African Comet, and an independent stevedore, Universal Maritime Services, Inc. (“Universal”), for injuries plaintiff allegedly sustained while working on the vessel as a cargo lasher in the employ of Frank J. Holleran Corporation (“H...
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OPINION Plaintiffs brought this diversity suit, inter alia, to replevy certain of their cattle which are now in defendants’ possession. The matter before the court is plaintiffs’ motion for a writ of seizure by which they seek to obtain immediate possession of the cattle pending a final determination of all claims made in their complaint.1 Following an evidentiary hearing, briefs and oral argumen...
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MEMORANDUM ORDER The Secretary of Labor instituted this action under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. Pursuant to § 17 of the Act, 29 U.S.C. § 217, the Secretary seeks a permanent injunction to restrain Defendant from violating the provisions of Sections 6(d) and *73615(a)(2) of the Act, including the demand for affirmative relief which would direct the wit...
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RULING ON MOTIONS This case presents two groups of questions centered on unconstitutional pre-indictment delay and prosecutorial misconduct and overreach. The examination is not one of first instance. Otto E. Passman, the defendant and former United States Congressman, currently *738 faces two indictments that were filed on March 31, 1978 1 and on April 28, 197...
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*744OPINION The plaintiff, United Steelworkers of America, AFL-CIO, filed a Motion for Adjudication of Civil Contempt and Order Staying Arbitration Proceedings in the above entitled case on February 23, 1979. By this motion the plaintiffs seek to prevent the defendant, Latrobe Steel Company, from setting aside, as they claim, an order of this court dated June 1st, 1978, D.C., 452 F.Supp. 63. The ...
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MEMORANDUM OPINION AND ORDER Plaintiffs seek redress against defendant government agents for a search and seizure conducted on plaintiffs’ business premises in alleged violation of their fourth amendment rights. In both the complaint and the amended complaint, plaintiffs allege the involvement of their attorneys in certain conversations and agreements concerning the records seized. Plaint...
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MEMORANDUM ORDER Presently before me is plaintiff’s motion for an award of costs and attorney’s fees. The' question of whether any amount must be awarded and the question of what is a reasonable amount have been bifurcated for purposes of hearing. After considering the briefs and oral argument of counsel, I have reached the following conclusions on the initial question of whether any amou...
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Memorandum of Decision and Order Defendants, by a motion attacking the sufficiency of the claim pursuant to Rule 12(b)(6) F.R.Civ.P., challenge plaintiffs’ right to prosecute this action. The Susquehanna Corporation complains that various loans made by the defendant banks to finance its tender offer for a control block of PASCO (Pan American Sulphur Co.) stock were indirectly secured in v...
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MEMORANDUM After numerous peripheral skirmishes that have taken their toll, both on the parties and the Court, defendant now attempts with this motion for summary judgment to take the offensive in an effort to inflict a ■fatal blow on plaintiff’s ease. Rather than counterattack, plaintiff has dug in, hoping *778 that the blows will miss their mark, that the assault will fail,...
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MEMORANDUM OPINION AND ORDER The petitioner Mr. Hill, who is in the custody of the respondent pursuant to his convictions in the Criminal Court of Washington County, Tennessee, seeks herein a declaratory judgment by this Court, 28 U.S.C. § 2201,1 that such convictions are “ * * * unconstitutional and [to] [o]rder same void and of no effect and [o]rder the records relative to same expunged. * * * ”...
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MEMORANDUM OPINION On November 28, 1972 a DC-8-62 commercial airliner manufactured by the McDonnell Douglas Corporation (MDC) and owned and operated by Japan Air Lines Co., Ltd., (JAL) crashed shortly after takeoff from Sheremetievo Airport located in Moscow, U.S.S.R. As a result of the crash fifty two passengers were killed and others were injured, and the aircraft was totally destroyed....
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On June 29, 1978, a Special Grand Jury of this Court issued a subpoena duces tecum to the “Custodian of Records” X and X 1 requiring production of— any and all records, books and documents for the period 1/1/72 through 12/31/75 that are described below: 1. All ledgers and journals; 2. All bank statements, checks, cancelled or otherwise, check vouchers, check stubs, checkbooks, d...
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MEMORANDUM AND ORDER Plaintiff Interconnect Planning Corporation is one of many companies that have entered the relatively new, rapidly growing, and highly competitive telephone terminal equipment field. In particular, it manufactures sophisticated “multiple position order equipment” for use in large financial institutions, such as banks and brokerage hous *813 es, to facilit...
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MEMORANDUM I — INTRODUCTION Plaintiff, Calvin F. Smith, previously incarcerated at the United States Penitentiary at Lewisburg, Pennsylvania and presently at the United States Penitentiary at Atlanta, Georgia filed this action on January *817 4, 1978. 1 In his complaint, Plaintiff requests the Court to order the disclosure of certain documents held by t...
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ORDER Upon consideration of the Petition of Ipitrade International, S.A., (Ipitrade) for an Order (a) Confirming the Award of Dr. Max Brunner dated April 25, 1978, in case RT/DB No. 2949, and (b) directing the entry of judgment thereon against the Federal Republic of Nigeria, the memorandum filed in support thereof, and for the reasons set forth in the Court’s Memorandum issued this day, ...
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MEMORANDUM This matter is before the Court on defendants’ separate motions to dismiss. For the reasons stated below, defendants’ motions will be granted. Plaintiffs bring this suit pro se under the Civil Rights Acts. In a prior proceeding, plaintiff Rooks was convicted of conspiring to sell cocaine. Plaintiffs claim that defendant government officials combined to obstruct justice during the prior ...
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MEMORANDUM Plaintiff is a Pennsylvania corporation. Its principal business, according to the affidavit of its general manager, is “selling goods, consisting of towels, dishcloths, washcloths and other cut goods to the retail trade.” Defendant Gen-Tex Printing Co., alleged in the complaint to be “a corporation organized and existing under the laws of a state other than the Commonwealth of ...
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MEMORANDUM OPINION This is an action for judicial review of a final decision of the defendant Secretary of Health, Education and Welfare denying plaintiff’s application for disability benefits for the period November 15, 1973 to June 1, 1976. 42 U.S.C. §§ 416(i) and 423. *834 ISSUE The sole issue involved here is whether the defendant’s decision is supported by subs...
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OPINION AND ORDER Plaintiff Secretary of Labor has brought this action pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 801-825. (Coal Mine Act). The Secretary seeks to enjoin the defendants from denying authorized agents of the Secretary of Labor access to their coal mine. On September 1, 1978, we conducted a hearing on the motion for a...
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OPINION AND ORDER This is a trademark action involving use of the name Daily Planet both as the title of a news publication and in connection with a myriad of consumer products. Plaintiff, D C Comics, Inc., charges that the continued use of the name Daily Planet by defendants, the Daily Planet, Inc. and its President, Jerry Powers, 1 is violative of § 43(a) of the Lanham Act, 1...
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MEMORANDUM AND ORDER This case presents the issue whether establishment of a Job Corps center on the *852 former campus of Bethel College and Seminary in St. Paul constitutes a “major Federal action significantly affecting the quality of the human environment.” National Environmental Policy Act of 1969 (NEPA) § 102(2)(C), 42 U.S.C. § 4332(2)(C). If so, NEPA mandates preparati...
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ORDER Petitioner, a state court prisoner, brings this action pursuant to 28 U.S.C. § 2254 alleging the violation of various constitutional rights. Specifically, he contends that he was: (a) denied the effective assistance of counsel; (b) denied defense witnesses; (c) convicted on perjured evidence through the state’s witnesses; (d) not given his right to allocution; (e) not given a presentence ...
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MEMORANDUM OPINION AND ORDER Plaintiff Shaul Ladany was a member of the Israeli Olympic team which participated in the September, 1972 Olympic games at Munich, Germany. The team was victimized by the murderous “Black September” terrorist attack. Defendant Serge Groussard, a French journalist, wrote a book about the attack. 1 It was published in France under the title “La Medail...
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465 F.Supp. 883 (1979) Bernard J. GETZ v. SOUTHWESTERN BELL TELEPHONE CO. et al. No. 78-569C(2). United States District Court, E. D. Missouri, E. D. January 5, 1979. *884 Kenneth V. Byrne, Clayton, Mo., Charles V. Koons, Kane & Koons, Washington, D.C., for plaintiff. Glen A. Glass, Leo E. Eickhoff, Jr., James A. Daugherty, Thad Hollie, Jr., Michael J. Zpevak, St. Louis, Mo., for Southwestern ...
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MEMORANDUM OPINION AND ORDER Plaintiff initiated this action to redress the allegedly wrongful termination of his employment with the University of Akron. The Court duly heard testimony and received exhibits in July and August, 1978. The following shall constitute the Court’s findings of fact and conclusions of law as *889 required by Rule 52, Federal Rules of Civil Procedure. PLEADINGS T...
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OPINION AND ORDER This is a proposed class action brought by two shareholders of the defendant A. H. Robins Company, Inc. (“Robins”) against that corporation and several of its directors for violations of Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.-10b-5, as well as for common law fraud and breaches of the fiduciary duties...
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OPINION In this action for declaratory and injunctive relief brought by Gulf Oil Corporation (“Gulf”) against the Federal Energy Administration (“FEA”) and two FEA officials, 1 Gulf is challenging the validity of FEA Ruling 1977-5, as well as that of a Decision and Order and Revised Remedial Order of the FEA, all issued pursuant to the FEA’s authority to regulate the price of p...
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DECISION This appeal to the District Court from an order of Bankruptcy Judge Howard Schwartzberg involves an attempt by Ernest Gafni, the appellant to bar the discharge of his claim against the bankrupt, appellee Gerald Barton, who seeks dismissal of Gafni’s complaint. FACTS On October 9, 1973, Gafni entered into a written agreement with Sher-Bar Management Corp., by which he lo...
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ORDER THIS CAUSE is before the court on motion by defendants to dismiss. 1 Defendants claim that plaintiff’s complaint fails to state a claim upon which relief may be granted; that the court lacks jurisdiction of the subject matter; that defendants are protected by a shield of immunity, and that the cause of action is barred by the applicable statute of limitations. The court is of the opin...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION McDonough Marine Service, as owners of the Barge # 233, and Morton Chemical Company, the bareboat charterer, brought separate actions against the M/V ROYAL STREET and its owner Schieffler Brothers Marine to recover damages which resulted from the sinking of the barge loaded with sodium sulfate while in tow under the custody and con...
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MEMORANDUM OPINION AND ORDER Plaintiff brought this employment discrimination action alleging that defendant Cornell Prescription Pharmacies, Inc., engaged in certain discriminatory activities, gender-based wage discrimination and retaliatory discharge, which were in violation of Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e et seq., and the Fair Labor...
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MEMORANDUM OPINION AND ORDER This is a products liability case. Plaintiff, George Jorae, is a farmer. Plaintiff, Frances Jorae, is his wife. Defendant and cross-plaintiff, Clinton Crop Service, is a corporation engaged in the business of renting agricultural sprayers to farmers in and around St. Johns, Michigan. Defendant, John Blue Company, is the designer, manufacturer, and seller of an agric...
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MEMORANDUM OPINION The Baltimore and Ohio Railroad Company (hereinafter “B & O”) and the Western Maryland Railway Company (hereinafter “Western Maryland”) have brought this action to enjoin the members of the Brotherhood of Railway, Airline and Steamship Clerks (hereinafter “BRAC”) from picketing at various rail facilities in the District of Maryland. On September 26, 1978, the Court issu...
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465 F. Supp. 976 (1979) OFFSHORE TRANSPORTATION CORPORATION v. The UNITED STATES of America. Civ. A. Nos. 77-3303, 77-2268. United States District Court, E. D. Louisiana. January 24, 1979. *977 Francis Emmett, New Orleans, La., for plaintiff. James A. Lewis, Admiralty and Shipping Section, Dept. of Justice, Washington, D. C., for defendant. SEAR, District Judge. Plaintiff, Offshore Transportation...
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OPINION This matter is now before me on a petition of the Probation Office to show cause why the probation of Dennis Joel Jurgins should not be revoked. On October 4, 1977, the defendant had been found guilty by a jury of receiving, possessing and concealing a stolen motor vehicle moving in interstate commerce in violation of § 2312 of Title 18 United States Code. The defendant’s motion f...
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OPINION INTRODUCTION It is plaintiffs’ claim that their predecessors in interest owned land on the east side of the Colorado River in Arizona, including a parcel of approximately 310 acres. Over time, the Colorado River moved easterly across this parcel and now most of the parcel has emerged from the river and is *988 situated in Nevada, the western side of the river. Pl...
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OPINION On August 26, 1976, at approximately 0415 hours 1 the O/S DEEP SEA sank in the vicinity of Whale Passage near the town of Kodiak, Alaska. All eight persons aboard were lost including her crew of three, John Nichols, master; Bernard Eldridge, engineer; Earl McKee, cook/deckhand; and five passengers, Valerie McCrea, Kathy McCrea, Molly McCrea, Heather McCrea, and Cy Michael Rodgers. The...
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MEMORANDUM AND ORDER DENYING ENFORCEMENT OF THREE INTERNAL REVENUE SUMMONSES Contemporaneously with the hearing, which had been directed in this case, the Government filed a brief. The brief succinctly outlines the Government’s position with respect to its contention that the Court should direct enforcement of the Internal Revenue summonses directed to the three individual defendants, that is, Dav...
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OPINION The Defendants have filed parallel motions under Rule 33 of the Federal Rules of Criminal Procedure 1 that we suggest to the *1014 United States Court of Appeals for the Third Circuit that we would grant a new trial on remand of the record because of newly discovered evidence that a juror, Rose Marie Mullinary, deliberately concealed information on voir dire which, if disclosed, wou...
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OPINION William Walker (“plaintiff”), a black citizen, brought this action against the Robbins Hose Fire Company (the “Fire Company”) and its directors and officers, alleging that they had denied his application for probationary membership on the basis of race and that the Fire Company’s recruitment, application and membership processes are racially discriminatory. The plaintiff insti ...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Background of Litigation In threatening weather, unfavorable tide and with a tornado watch in effect for the immediate area, the 580 foot Pacific Carrier headed out to sea on the night of April 23, 1971. Shortly after she was undocked a very heavy rainfall commenced. About one mile from where the vessel had u...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on plaintiff’s motion for partial summary judgment. Oral argument on this motion is *1066 denied in order to expedite the business of the court. Local Rule 5(C)(1). The plaintiff in this case has been attempting since July 2, 1965 to perfect a claim under the homestead laws as they then applied to Alaska. 1 ...
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MEMORANDUM AND ORDER This is a Federal Tort Claims Act case brought pursuant to 28 U.S.C. §§ 1346 and 2671 et seq. Plaintiff alleges that he was subjected to unconsented surgery at the Veterans Administration Hospital in Topeka, Kansas. The surgery was minor in nature, consisting of the removal of a small mass from plaintiff’s left breast. Plaintiff’s original complaint alleged...
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MEMORANDUM Defendant, Joshua Eilberg, is charged in a two-count indictment with the agreement to receive and the receipt of compensation in violation of 18 U.S.C. § 203. Presently before the Court are the following pre-trial motions: (1) motion to dismiss the indictment, or, in the alternative, to suppress evidence; (2) motion for a bill of particulars; (3) motion for change of venue; and (4) moti...
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*1082 MEMORANDUM Defendant has moved for the suppression of evidence which he contends is protected by his Constitutional Speech or Debate privilege. The specific evidence at issue is: I. Testimony given by defendant and others before the United States House of Representatives Committee on Standards of Official Conduct (Ethics Committee). Since the government has advised the Court of its in...
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MEMORANDUM OPINION BRIEF STATEMENT OF THE FACTS The facts which precipitated this lawsuit are relatively simple. In April of 1969, in Aberdeen, South Dakota, TV Signal, a cable television company, sought to enter into a pole attachment agreement with Northwestern Bell. TV Signal desired to execute such an agreement in order to attach distribution cable for a community antenna televis...
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INTRODUCTION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER A. INTRODUCTION The matter of Washington Steel Corporation versus TW Corporation, et al, at Civil Action Number 79-166, is now ripe for a decision. Very briefly stated: On January 26th, 1979, Defendant Talley Industries filed a Schedule 14D-1 Statement with the Securities & Exchange Commission covering the subject corp...
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OPINION AND ORDER On or about August 26, 1975, the present complaint was filed by Angel Tomas Alier against Sea Land Service, Inc., claiming that at a given time he was a seaman on board the SS. Ponce belonging to the defendant, Sea Land Service, Inc.; that he was a merchant marine holding a valid United States Merchant Marine document; that on or about December 4, 1974, the plaintiff sig...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendant Sturdevant-Van Wormer Insurance Company (Sturdevant) is an insurance agent. With the aid of Spence Pitts Insurance Company (Pitts), an insurance broker, it arranged to insure heavy equipment sold by Western International Equipment, Inc. (Western), and its subsidiaries, against physical loss. The insurance was *1117placed with Manufacturers and Whol...
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MEMORANDUM AND ORDER Plaintiff brought this action to recover $4,499.48 of allegedly overpaid employer’s taxes for the calendar year 1973 under the Federal Insurance Contributions Act. After filing a return for 1973 plaintiff allegedly discovered it had erroneously failed to exclude from the wages paid to employees the “sick pay” not includable as. “wages” upon which the tax is calculated. Plainti...
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MEMORANDUM and ORDER Olin Corporation (“Olin”) filed September 14, 1978 its omnibus motion which comprises twenty-one separate motions. Oral argument was held October 27, 1978. Defendant Kleiber filed a motion stating that he joined in the motions of Olin wherever applicable. Defendants Broad and Schmiege, through their respective attorneys, stated at oral argument on the omnibus motion t...
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MEMORANDUM OPINION On November 22, 1978, Clark Bailey and Carolyn Ann Gomez were indicted for the offense of conspiracy to manufacture phencyclidine, a Schedule II Controlled Substance, contrary to the provisions of Section 841(a)(1) and Section 846, Title 21, United States Code. Their joint motion to suppress certain evidence was taken under advisement at oral argument on February 12, 1979. ...
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OPINION At the conclusion of “Stage I” of this Title VII litigation — the liability phase— this Court found that Western Electric discriminated against its female employees, applicants and former employees in the areas of hiring, promotion, participation in job training programs, layoffs, wages and opportunities for testing. 1 We now enter “Stage II”, the damage phase. Stage II...
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MEMORANDUM AND ORDER Plaintiff, a black citizen, brought this action under 42 U.S.C. §§ 1981,1982, 1983 and 1985 and 28 U.S.C. §§ 1331, 1332 and 1343. On March 3, 1977, he filed a pro se complaint in this court alleging that certain police officers, state prosecutors, state court judges, and court appointed attorneys had conspired baselessly to prosecute and incarcerate him. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This civil action arises out of a maritime tort that occurred in Vermilion Block 131 approximately ninety (90) to one hundred (100) miles south of Morgan City, Louisiana. Trial of this matter was held on December 4,1978, after which the parties were afforded the opportunity to present additional briefs. The Court then took the matter under submissio...
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465 F.Supp. 1167 (1979) Lois Barbara GROSS et al. v. Donald D. POMERLEAU et al. Civ. No. Y-78-1279. United States District Court, D. Maryland. February 22, 1979. *1168 *1169 *1170 Barry C. Steel, and Harry Fox, Baltimore, Md., for plaintiffs. Millard S. Rubenstein, Asst. Atty. Gen., Baltimore, Md., for defendant Donald D. Pomerleau. Robert C. Verderaime, Baltimore, Md., for defendants Bishop Robi...
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ORDER The Court has for consideration the plaintiff’s motion for preliminary injunction. In considering the motion, the Court is governed by Barrett v. Roberts, 551 F.2d 662, 665 (5th Cir. 1977): In order to obtain preliminary injunctive relief, a litigant is required to demonstrate: (a) a substantial likelihood of success on the merits; (b) a substantial threat that the plaintiff will su...
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MEMORANDUM AND ORDER These actions arise out of the operation of the National School Lunch Act, 42 U.S.C. § 1751 et seq. and seek release of money held by the State of New York and allegedly due plaintiffs under provisions of the Summer Food Service Programs, 42 U.S.C. § 1761 et seq. (“SFSP”). Jurisdiction is premised solely on the Mandamus Act, 28 U.S.C. § 1361, which provides for original...
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MEMORANDUM OPINION This suit was originally filed by the Alabama Nursing Home Association on February 1, 1977, challenging the Medicaid method of reimbursement to nursing home facilities in Alabama. This cause is submitted for final judgment on the record. In an Order dated July 12, 1977, this Court found that the Plaintiffs had standing to maintain this suit and found it undisputed ...
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MEMORANDUM This matter is before the Court on the defendant’s motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3). For reasons stated below the motion will be granted. This matter concerns the refusal of Chrysler Corporation to authorize or permit payroll deductions to be made for the plaintiff United Black Community Fund of St. Louis (hereinafter UBCF). Plaintiffs Lew Moye, Ernest De...
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ORDER THIS CAUSE came on to be heard upon defendants’ Motion to Dismiss the amended complaint, and plaintiffs’ Motion for Partial Summary Judgment. The Court has considered the record, the memoranda submitted and the argument of able counsel. Indeed, the insistence of plaintiffs’ claim has required more than the usual effort. The threshold question before the Court is one of jurisdic...
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MEMORANDUM OPINION When this cause was first before the court on plaintiff’s motion for summary judgment, we held that the defendant had misapplied the burden of proof in making his findings. After finding that the plaintiff could not return to his usual employment, the Secretary of Health, Education and Welfare denied the plaintiff benefits because the evidence failed to establish that plain...
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MEMORANDUM OPINION AND ORDER This action for judicial review of a decision of the Federal Energy Administration (now the Department of Energy) reveals both the anomalous consequences that flow from pervasive federal regulation of a complex industry as well as the inherent difficulty of “substantial evidence” review of a somewhat intricate administrative proceeding. The appeal by Placid Oil Co. is...
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MEMORANDUM AND ORDER This is an action by a longshoreman, Luis Perez, to recover damages for personal injuries he claims to have suffered in a fall on board a ship owned by the defendant, Costa Armartori, S.P.A. The shipowner now moves for summary judgment dismissing the complaint as time-barred. We deny that motion. There is substantial agreement on the relevant facts. Some ten months after ...
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*1215MEMORANDUM Plaintiff Equal Employment Opportunity Commission brought this suit pursuant to 42 U.S.C. § 2000e et seq., alleging discrimination on account of race, and retaliatory actions as a result of opposition to unlawful employment practices. This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in evi...
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From May, 1969 through February, 1975 Frederick Collins was employed by PI, Inc., a Massachusetts corporation that manufactures and sells polyethylene foam. As a condition of his employment, Collins promised not to disclose at any time any confidential information obtained in the course of his employment, and not to compete with PI, directly or indirectly, for three years after the termination ...
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MEMORANDUM OPINION The plaintiff, John Kroon, filed this suit against the defendant Beech Aircraft Corporation seeking damages for the destruction of a Beech 95-C55 aircraft manufactured by the defendant. The plaintiff on July 7th, 1975, while piloting the aircraft, attempted to take off from a runway and crashed. The defendant has filed a motion for summary judgment. If this case were before...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action came on for trial on January 8, 1979, and the issues having been duly tried, the Court hereby makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiff, Mattie P. Downey, is a female citizen of the United States and a resident of the State of Alabama. 2. Defendant, J. C. Penney Company, Inc. is incorporated in the...
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MEMORANDUM DECISION The plaintiff, Marlys Vant Hul, brought an action against the city of Dell Rapids alleging sex discrimination in the termination of her employment as manager of the Dell Rapids liquor store. This Court issued its memorandum decision which found that the city through its mayor and council had discriminated against the plaintiff. Vant Hul v. Dell Rapids, 462 F...
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OPINION In this case, which has already been the subject of proceedings in this Court and extended arbitration hearings, the defendant moves for summary judgment. As set forth in an earlier opinion of this Court, the plaintiff, Siedman, a man experienced in the brokerage field, had been a customer of Weis Securities, Inc. (“Weis”) and had maintained a margin account there. Seidman wa...
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OPINION The plaintiff, a Pennsylvania resident, entered into a contract in 1975 with the defendant, Inflight Cinema International, Inc. (“ICI”), a New York corporation with major offices in New York and Los Angeles, under which he was to be the exclusive *1241 distributor of feature films for closed circuit showings in hotels and motels in the Pittsburgh area. The availabilit...
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TEMPORARY RESTRAINING ORDER This is a class action brought pursuant to 42 U.S.C. § 1983 by three inmates at the Colorado State Penitentiary, Maximum Security Unit, Canon City, Colorado and on behalf of all other inmates similarly situated. Plaintiffs allege that the defendant state penitentiary and three of its administrative officers are placing inmates in punitive and administrative segregati...
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ORDER OF DISMISSAL THIS SUIT was filed by Roger Hendrickson and George Carter as Official Liquidators of four Bahamian business entities referred to as the “I.B.T. Group.” 1 It is alleged that the I.B.T. Group was forced into, bankruptcy by various acts of mismanagement of the directors and fiduciaries thereof. One defendant, George Davis, has filed a motion to dismiss attackin...
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MEMORANDUM OPINION AND ORDER THIS CAUSE is before the Court upon the Motion for Partial Summary Judgment of the Plaintiff, J. E. Pelaez Del Casal (“Casal”); and the Motion for Summary Judgment of the Defendant, Airlines Pilots Association, International (“ALPA”). The Defendant, Eastern Airlines, Inc. (“Eastern”) renewed its Motion for Summary Judgment at the hearing of the motions for sum...
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MEMORANDUM This case presents a difficult problem in the interpretation and application of the Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C. § 1988, and the attorney’s fees award provision of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(k). Each of these statutes provides that the Court, in its discretion, may allow the prevailing party reasonable attorney’s ...
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MEMORANDUM AND ORDER This matter is before the Court on the motion of plaintiff, Paul C. Billiot, for a preliminary injunction to compel the payment of maintenance at a daily rate in excess of $8.00 per day. At the time the motion was filed, the Court was concerned that injunctive relief on this issue might not be proper, and accordingly a status conference was held on January 25, 1979, s...
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MEMORANDUM This is an action brought under 42 U.S.C. § 1983 against certain officials of the Commonwealth of Virginia challenging a regulation under which eligibility for payments under the Aid to Dependent Children (ADC) Program is determined. 1 Plaintiff *1271 claims that the challenged regulation is contrary to the Social Security Act, 2 the regulations promulgated by the Department of...
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465 F. Supp. 1273 (1979) Fred NASRALAH, Plaintiff, v. Carlos Romero BARCELO, personally and in his official capacity as Governor of the Commonwealth of the Puerto Rico, et al., Defendants. Civ. No. 78-2285. United States District Court, D. Puerto Rico. March 2, 1979. *1274 Rubén Rivera Ramos, Bayamón, P. R., for plaintiff. Nereida Benito de Parada, Dept. of Justice, San Juan, P. R., for defendant...
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DECISION Plaintiff, Anne deBruin, brought this action against Defendant, William Sowers, for *1278 violations of 15 U.S.C. §§ 77e, 77/ and 78j. This Court has jurisdiction over the matter under 15 U.S.C. §§ 77v and 78aa. The cause came for trial before the Honorable Harry E. Claiborne on October 17, 1978. All of the trial and post-trial briefs having been filed, and the Court...
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OPINION Premo Pharmaceutical Laboratories, Inc., has sued for a declaratory judgment that two patents held by the defendant, Pfizer Pharmaceuticals, Inc., are invalid and not infringed by a drug product that Premo manufactures and sells. Pfizer has moved under Fed.R.Civ.P. 12(b)(1) and (6) to dismiss the complaint on the grounds that no actual controversy exists between the parties and th...
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OPINION AND ORDER Defendants Ortiz Pérez and Diaz have moved to suppress the telephone conversations which were consensually recorded and which the prosecution has announced it will use at trial. As grounds to suppress defendants present the argument that since the interception of telephone communications is absolutely prohibited by Section 10, Article II of the Puerto Rico Constitution, and su...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on defendant’s motion to dismiss. The plaintiffs are enrolled members of the Tlingit and Haida Indians of Alaska who are suing the Central Council of Tlingit and Haida Indians of Alaska on the behalf of their grandchildren as guardians ad litem. The plaintiffs seek to have their grandchildren enrolled as members of the trib...
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Opinion and Order In response to plaintiff's motions to designate Court No. 73-10-02963 a test case and to suspend Court No. 76-2-00311 thereunder, defendant cross moved to dismiss the latter case for lack of jurisdiction. Defendant’s motion to dismiss is based on the asserted prematurity of the protest, a circumstance it has not demonstrated to the satisfaction of the court. Although the protest...
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OPINION AND ORDER This litigation presently consists of four actions pending in two federal districts: three in the Northern District of Georgia and one in the District of the District of Columbia. The District of Columbia action was brought in May, 1973, by a group of federal prisoners and ex-prisoners as a class action. The defendants in this action include the United States Attorney General, th...
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OPINION AND ORDER This litigation presently consists of fifteen actions pending in eleven districts as follows: *1296 Northern District of California 3 actions 1 Eastern District of New York 2 actions Southern District of New York 2 actions Northern District of Alabama 1 action Northern District of Illinois 1 action District of Kansas 1 actio...
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OPINION AND ORDER The Panel, pursuant to 28 U.S.C. § 1407, previously transferred an action from the Central District of California to the District of Arizona for coordinated or consolidated pretrial proceedings with several actions pending there. In re Cement and Concrete ■ Antitrust Litigation, 437 F.Supp. 750 (Jud. Pan.Mult.Lit.1977). Twenty-eight actions in this docket are presently pending in...
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465 F.Supp. 1299 (1979) In re CEMENT AND CONCRETE ANTITRUST LITIGATION.State of Missouri v. Portland Cement Association, et al., W. D. Missouri, C. A. No. 78-4192-CV-CState of Utah v. Portland Cement Association, et al., D. Utah, C. A. No. C78-0429State of Nebraska v. Portland Cement Association, et al., D. Nebraska, C. A. No. CV78-L-242State of New Mexico v. Portland Cement Association, et al., ...
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OPINION AND ORDER I. BACKGROUND This litigation consists of six actions pending in two districts: three in the *1302Southern District of New York and three in the Eastern District of Pennsylvania. The principal defendants in these actions are Food Fair, Inc. and several of its present and former officers and directors. Ten of these individuals are named as defendants in each action, and Food Fair ...
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MEMORANDUM AND ORDER In this action to recover damages for personal injuries, ■ plaintiffs have pleaded five causes of action, including one for breach of warranty, express and implied, in connection with a bicycle purchased by plaintiffs and manufactured by defendants AMF Cycle Division of AMF Co. and AMF Company (the AMF defendants). The AMF defendants have now moved for partial summary judgment...
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MEMORANDUM OPINION The petitioner, Allan Frank Davis, is currently confined at the Cummins Unit of the Arkansas Department of Correction pursuant to the judgment and sentence of the Circuit Court of Garland County, Arkansas. On June 14,1968, following a jury trial, the petitioner was convicted of first degree murder in the January 19, 1967 shooting death of his estranged wife, Sharon Davis. The...
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MEMORANDUM OPINION This will state the legal basis for the separately entered findings of fact and conclusions of law. Plaintiffs are ten municipalities that operate their own electric utilities pursuant to State statutory authority. Each is located within the service area of defendant Indiana & Michigan Electric Company and each purchases its bulk electric power requirements from I ...
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MEMORANDUM ORDER Broad judicial interpretation of the anti-fraud provisions of the federal securities laws has encouraged private parties to prosecute corporate disputes in federal courts. The breadth of this statutory construction has resulted from the way in which the courts have resolved certain unescapable policy questions. These questions, which arise whenever a court must explicate ...
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465 F.Supp. 1349 (1979) John C. HUNDAHL, Individually, Derivatively, as Class Representative, and as Co-Executor of the Estate of Ernest Hundahl, Deceased, Mark Hundahl, Individually, and as Class Representative v. UNITED BENEFIT LIFE INSURANCE COMPANY, Mutual of Omaha Insurance Company, V. J. Skutt, John D. Minton, Albert W. Randall, and Hugh V. Plunkett, Jr. Civ. A. No. CA-3-77-1405-G. United S...
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OPINION Under the Headstart — Follow Through Act, 1 Congress has authorized the Secretary of Health, Education and Welfare to designate and fund Headstart agencies in communities throughout the United States. 42 U.S.C. §§ 2928, 2928c (1976), as amended by Economic Opportunity Amendments of 1978, Pub.L. No. 95-568, §§ 10, 17, 92 Stat. 2430, 2439. Each Headstart agency...
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