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Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
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Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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13
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
15
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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22
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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37
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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70
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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71
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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77
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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78
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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82
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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86
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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AMA Multimedia, LLC, a Nevada-based producer of adult video content, filed this copyright infringement lawsuit in March 2016 in the Western District of Washington against Spankbang.com and its operator, Nivun PTE Ltd, a Singapore-incorporated company. AMA alleged that SpankBang — one of the largest pornographic tube websites — was hosting and distributing AMA's copyrighted video content without authorization, generating advertising revenue from the infringement at AMA's expense. The complaint asserted claims for direct copyright infringement and sought damages and injunctive relief.
The case was part of a broader wave of litigation by adult content producers against tube sites that aggregate user-uploaded videos, many of which include professionally produced content uploaded without the rights holders' consent. Establishing jurisdiction over foreign-operated websites and piercing corporate structures to identify liable parties were recurring challenges in such cases. The case settled confidentially.
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97
The Securities and Exchange Commission filed suit in August 2020 in the Southern District of New York against Ripple Labs Inc., its CEO Brad Garlinghouse, and co-founder Chris Larsen, alleging that Ripple had conducted an unregistered securities offering by selling XRP tokens to investors over a period of years, raising over $1.3 billion. The SEC argued that XRP was a security under the Howey test because investors purchased XRP with an expectation of profit based on Ripple's managerial efforts.
Ripple vigorously contested the classification of XRP as a security, and the case became one of the most closely watched in cryptocurrency law. Judge Analisa Torres issued a landmark summary judgment ruling in July 2023, finding that XRP sold to institutional investors constituted a security but that XRP sold to retail investors on exchanges did not, a split outcome that had significant implications for the broader crypto industry. The case proceeded to trial on the institutional sales claims. Settlement was reached in 2024.
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98
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › p2d › Volume 546 Opinions in p2d, volume 546
546 P.2d 1 (1976) HAWAII STATE TEACHERS ASSOCIATION, Appellant, v. The DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, State of Hawaii, and the Department of Education, State of Hawaii, Appellees.… This is an appeal by the defendant and a cross appeal by the plaintiff.… State v. Ceja Page 6 113 Ariz. 39 (1976) 546 P.2d 6 STATE of Arizona, Appellee, v. Jose Jesus CEJA, Appellant.… 113 Ariz. 44 (1976) 546 P.2d 11 UNITED STATES of America (TREASURY DEPARTMENT, INTERNAL REVENUE SERVICE), Appellant, v. GLOBE CORPORATION, an Illinois Corporation, Appellee.… Miller v. Industrial Commission Page 19 This Writ of Certiorari is to review the lawfulness of an award of the Industrial Commission of Arizona.… OPINION Appellant had three petitions filed against him in Pima County Juvenile Court.… Landgraff v. Wagner Page 26 OPINION This is a medical malpractice action brought by Esther A.… Cotton v. Industrial Commission Page 35 OPINION This writ of certiorari was brought by the petitioner, Andrew E.… State v. Mixter Page 39 OPINION Appellant, Robert Mixter, was charged with and convicted of violating A.R.S.… State v. Lay Page 41 OPINION This appeal was presented by a memorandum filed in accordance with the opinions in Anders v. California, 386 U.S. 738, 87 S.Ct.… State v. Jones Page 43 OPINION After a trial by jury, appellant was convicted of armed robbery of a Circle K store on January 4, 1974.… State v. Jones Page 45 After a trial by jury, appellant was convicted of armed robbery of a Circle K store on January 20, 1974 and sentenced to not less than five nor more than five and one-half years in Arizona State Prison.… State v. Gates Page 52 SUPPLEMENTAL OPINION The appellant was convicted of a violation of A.R.S.… 546 P.2d 54 (1975) 97 Idaho 408 MICO MOBILE SALES AND LEASING, INC., Cross Plaintiff-Appellant, v. SKYLINE CORPORATION, a corporation, et al., Cross Defendants-Respondents.… Suitts v. McMurtrey Page 62 546 P.2d 62 (1976) 97 Idaho 46 Richard O.… Suitts v. McMurtrey Page 62 This is an appeal from two cases consolidated for trial.… Ebert v. Newton Page 64 This is an appeal from a judgment following trial and jury verdict in favor of defendants and thereafter denial of a motion for a new trial.… Romero v. Garcia Page 66 546 P.2d 66 (1976) 89 N.M. 7 IDA M. ROMERO, formerly Ida Garcia, Plaintiff-Appellee, v. Antonio GARCIA et al., Defendants-Appellants.… Romero v. Garcia Page 66 OPINION Plaintiff-appellee Ida Romero, formerly Garcia, filed suit to quiet title against defendants-appellants Mr. and Mrs. Antonio Garcia, who are her former father-in-law and mother-in-law.… OPINION This case involves the question of duties arising out of the construction of a building for Mountain States Telephone and Telegraph Company (telephone company).… 86 Wn.2d 503 (1976) 546 P.2d 75 THE STATE OF WASHINGTON, ET AL, Appellants, v. THE (1972) DAN J.… Taskett v. King Broadcasting Co. Page 81 The plaintiff (appellant), William Taskett, appeals from a summary judgment entered by the Superior Court for King County in favor of the defendants (respondents), KING Broadcasting Company and James Harriott, KING’S anchorman on the evening news.… Childress v. Hearst Corp. Page 108 The plaintiffs (appellants), Tony and Faye Childress, appealed from a summary judgment dismissing their complaint for damages resulting from an allegedly defamatory article written by the defendant, Dick Clever, and published in the Seattle Post-Intelligencer, owned and operated by the defendant, Hearst Corporation.… An action was brought by Ivan’s Tire Service Store, Inc., against the Goodyear Tire & Rubber Company for damages.… In Re the Marriage of Forsyth Page 117 Petitioner, Val J. Forsyth, commenced this action by a Petition for Custody Modification Hearing.… Weitzel v. Wingard Page 121 This appeal involves two actions for damages arising out of a single automobile accident.… Reinsch v. Quines Page 135 This is an action for personal injuries sustained in an automobile accident.… Campbell v. Ford Industries, Inc. Page 141 This is an action for damages for wrongful discharge of plaintiff from his employment with Ford Industries, Inc., and, in the alternative, for wrongful interference by the defendants with his employment relationship with Ford Industries.… State v. Ocean Page 150 Defendant was charged with burglary in the second degree by Information of District Attorney, which alleged he "did knowingly and unlawfully enter a building located at 5253 Southeast 82nd Avenue, with the intent to commit the crime of theft therein * * Defendant waived a jury trial and was convicted by the court.… Matter of L. Page 153 546 P.2d 153 (1976) In the matter of L., a Minor Child.… The state appeals from a circuit court order requiring the placement of L, a 13-year-old child with severe emotional problems, for treatment at the Chazen Institute in Arizona in accordance with the proposed treatment plan formulated by the Children’s Services Division (CSD).… Barrett v. State Page 161 OPINION ON REHEARING Before BOOCHEVER, C.… Drickersen v. Drickersen Page 162 OPINION This petition raises first impression questions relating to Alaska Rule of Civil Procedure 14(a), concerning third-party-practice, and the doctrine of res judicata.… Jerskey v. State Page 173 I THE PRIVILEGE AGAINST SELF-INCRIMINATION On June 11, 1974, a complaint was filed against the defendant, Jerskey, amending one formerly filed May 15, 1974.… 546 P.2d 189 (1976) PETERS GRAZING ASSOCIATION, Appellant (Defendant below), v. Thomas LEGERSKI, Appellee (Plaintiff below).… Mader v. James Page 190 James, appellant and third-party defendant, owned a ranch which he listed for sale with realtor Mader, appellant-defendant and third-party plaintifff.… The opinion of the court was delivered by This case arises under the Kansas act against discrimination, K.… Badger v. Goodyear Tire & Rubber Co. Page 214 The opinion of the court was delivered by This is an appeal by an employer from a district court judgment upholding an order of the Kansas commission on civil rights finding the employer guilty of discrimination against an employee because of her race and directing her reinstatement and payment of compensatory damages.… OPINION By the Court, On April 3, 1974, pursuant to Chapter 704 of the Nevada Revised Statutes, Southwest Gas Corporation, appellant, (herein referred to as Southwest) filed an application with the Public Service Commission of Nevada (herein referred to as the Commission) containing a proposed schedule of new rates… *50 OPINION By the Court, This original proceeding, commenced by petitioner, Southwest Gas Corporation, seeks a writ of mandamus to compel the respondents, Public Service Commission of Nevada and its members, Noel A.… Dinkens v. State Page 228 546 P.2d 228 (1976) Delmar DINKENS, Appellant, v. The STATE of Nevada, Respondent.… Klepar v. State Page 231 OPINION Ronald Albert Klepar, convicted by jury verdict of burglarizing a hotel room at.… McClure v. State Page 232 OPINION After a jury trial, appellant stands convicted of second degree murder for the killing of Betty Alice McClure.… Turner v. Saka Page 233 OPINION Following our decision in Turner v. Saka, 90 Nev.… Sheriff of Washoe County v. Lendon Page 234 OPINION On November 5, 1975, a Washoe County Grand Jury returned an indictment charging Carolyn Lula Lendon with murder (NRS 200.030).… State v. Jones Page 235 OPINION A Nevada Highway Patrolman arrested respondent Eugene Jones, a non-Indian, on U.S. Highway 95 within the exterior *117 boundaries of the Walker River Paiute Indian Reservation for possession of marijuana.… OPINION This original proceeding in mandamus, commenced by the Attorney General on behalf of the people of the State of Nevada, seeks to compel Douglas County to pay its current *115apportioned share of expenses to the Tahoe Regional Planning Agency, in order that the Agency may be assisted in carrying out its… KUTV, Inc. v. Motor Sales, Inc. Page 239 Appellant (Motor Sales) seeks reversal of the judgment of the trial court awarding $11,180 to respondent (KUTV) for advertising services rendered.… Stephens v. Burton Page 240 The Burtons appeal from a finding and judgment of the trial court, holding that the Stephens did not convey all water rights which they owned in the flow of some springs.… Epting v. State Page 242 546 P.2d 242 (1976) Thomas L. EPTING, II, and Amy Lynn Epting, by their guardian, Plaintiffs and Appellants, v. STATE of Utah, Defendant and Respondent.… Brady v. Fausett Page 246 Appeal from a judgment in an equity case decreeing specific performance of an integrated lease and option contract having to do with the sale and purchase of Colorado land and cattle.… delivered the opinion of the court. An insured farmer sued his insurance company to recover payment for losses allegedly due under two crop insurance policies.… State v. Miner Page 252 delivered the opinion of the court. This is an appeal by defendant John Michael Miner from a judgment entered in the district court, Sweet Grass County, Hon.… In re Pepperling Page 252 ORDER Richard C. Pepperling, an indigent inmate of the Montana State Prison at Deer Lodge, Montana, seeks from this Court post-conviction relief regarding his conviction for the crime of first degree burglary.… In Re the Estate of Spear Page 257 delivered the opinion of the court. Appellant, petitioner for probate of a lost will in the district *122 court, seeks reversal of a judgment of the district court, Musselshell County, the Hon.… Gehring v. Warner Page 260 Plaintiff filed a petition in the district court, Lewis and Clark County, seeking injunctive relief against the Montana Department of Revenue and its agents.… Windham v. State Page 262 OPINION Appellant, Jack Gayle Windham, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-1077, for the offense of Unlawful Distribution of a Controlled Dangerous Substance, Marihuana, in violation of 63 O.S.… Felts v. State Page 265 OPINION Appellant, Daniel Wayne Felts, hereinafter referred to as defendant, was charged, tried before a jury and convicted of the crime of Burglary in the Second Degree in the District Court, Tulsa County, Oklahoma, Case No. CRF-74-1678.… Smith v. State Page 267 OPINION Appellant, Minor C. Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Kay County, Case No. CRF-74-65, for the .… Whitehead v. State Page 273 OPINION Appellant, Douglas Warren Whitehead, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Bryan County, Case No. CRF-75-21, for the offense of Unlawful Possession of Marihuana With Intent to Distribute, in violation of 63 O.S.1971, § 2-401.… Campbell v. State Page 276 OPINION Appellant, Richard Campbell, hereinafter referred to as defendant, was charged in Case No. CRF-74-258, in the District Court, Pottawatomie County, with the offense of Murder in the First Degree, After Former Conviction of a Felony, in violation of 21 O.S.Supp.1975, § 701.1.… Evans v. State Page 284 MEMORANDUM OPINION Appellant, Larry Don Evans, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Caddo County, Case No. CRM-74-681, for the offense of Attempting to Elude a Police Officer, in violation of 21 O.S.1971, § 540A.… An appeal by Producers Grain Corporation, plaintiff in the trial court, from an order of the District Court of Texas County entering judgment in favor of appellee J.… March Fong Eu v. Chacon Page 289 16 Cal. 3d 465 (1976) 546 P.2d 289 128 Cal.… People v. Rios Page 293 Opinion Manuel Chavez Rios appeals from a judgment rendered upon his plea of guilty to possession of amphetamines for sale.… Guardianship of Brown Page 298 *330 Opinion In this guardianship proceeding Nancy Nielsen Brown, objector (Nancy), and Thomas Nelson Brown, alleged incompetent (Thomas), appeal from an order appointing respondent Willett Thomas (Willett), the mother of the incompetent, guardian of his person and estate and authorizing her to take him to the State… Skopp v. Weaver Page 307 Opinion Plaintiffs’ second amended complaint alleges that defendants, who are real estate brokers and salesmen, 1 were plaintiffs’ agents to facilitate the sale of plaintiffs’ property.… Evans v. Galardi Page 313 Opinion El Dorado Improvement Co. (El Dorado), a limited partnership, made and delivered pursuant to Code of Civil Procedure section 689 1 its verified third .party claim to certain personal property upon which a writ of execution had been levied to enforce a judgment for money in favor of plaintiff Lewis W.… Sibley v. Superior Court Page 322 16 Cal.3d 442 (1976) 546 P.2d 322 128 Cal.… People v. Scott Page 327 16 Cal.3d 242 (1976) 546 P.2d 327 128 Cal.… State v. Miner Page 342 Mark Wade Miner pled guilty to grand theft while armed with a gun.… John E. and Joan Jennings filed a class action on behalf of all residents similarly *58 situated in Maricopa County against Roberts, Scott & Co., Inc., a California corporation authorized to do and doing business in Arizona.… Kleinsmith v. Industrial Commission Page 346 26 Ariz. App. 77 (1976) 546 P.2d 346 Nellie A.… OPINION Tucson Estates is a mobile home subdivision in Pima County.… OPINION A permanent injunction restraining petitioner from voluntarily admitting his ward to the Arizona State Hospital or other mental health treatment agency, unless and until appropriate petitions and hearings are held pursuant to the provisions of A.R.S.… Noble v. Noble Page 358 OPINION The questions raised by appellant-cross-appellee Doris Noble in this case are whether the trial court had jurisdiction over real property located in Denmark, and if it had jurisdiction whether it correctly determined that the Denmark property and a parcel of real property located in Yuma, Arizona, were… Evans v. Copins Page 365 *97 OPINION Is a judicial officer cloaked with judicial immunity when he wrongfully incarcerates a person convicted of a traffic offense?… OPINION The issue in this case is whether an escrow agent can be held liable to a buyer for any damages sustained by reason of an alleged wrongful forfeiture of the buyer’s interest under a land purchase contract.… OPINION The appellee/plaintiff Bobby Alfred Gray was awarded a $200,000 jury verdict against the appellants/defendants W.… Estrada v. Planet Insurance Company Page 372 OPINION The appellee Planet Insurance Company as plaintiff in the superior court brought an action for declaratory judgment against appellants Estrada and Avila who were victims of an automobile accident in the Republic of Mexico to determine whether a policy of insurance issued by Planet Insurance covered any claims… State v. Morris Page 375 Defendant-appellant, Steven Ray Morris, was arrested on December 28, 1974 and charged with robbery under I.C.… State v. Elisondo Page 380 Defendant-appellant, Richard Elisondo (hereinafter appellant), was found guilty after a jury trial of one count of rape of a minor female not his wife.1 Judgment of conviction was entered on the verdict.… 546 P.2d 382 (1976) 97 Idaho 427 Glen BRIGGS et al., Respondents, v. GOLDEN VALLEY LAND & CATTLE COMPANY, a corporation, and Golden Valley Mutual Water Company, a corporation, Appellants, and Ore-Ida Foods, Inc., et al.… State v. Ruddell Page 391 This is an appeal from a judgment of conviction for attempted escape from the Idaho State Correctional Institution.… Wright v. Wright Page 394 This is an appeal from a judgment for defendant following trial in an action by plaintiff for money damages arising from the alleged breach of defendant’s promise to pay an antecedent debt of plaintiff.… S & E Enterprises, Inc. and Mr. Earl McGill are appealing from a determination by the district court that they were contractually obligated to pay respondent, Commercial Credit Corporation, the balance owing on a mobile home which had *442 been partially destroyed by fire on July 14, 1972.… State Ex Rel. Moore v. Bastian Page 399 546 P.2d 399 (1976) 97 Idaho 444 The STATE of Idaho ex rel.… Berle v. Berle Page 407 The facts of this case are as follows. Plaintiff-appellant Winifred Berle (hereinafter appellant) and defendant-respondent Charles Berle (hereinafter respondent) were married in 1938 in the state of New Jersey.… Evanson v. State Page 412 Upon receiving a call that there was a man in west Rawlins wielding a gun and chasing two other men, a deputy sheriff went to the scene.… Jivelekas v. City of Worland Page 419 546 P.2d 419 (1976) Kostas JIVELEKAS and Helen Jivelekas, Appellants (Plaintiffs below), v. CITY OF WORLAND, Wyoming, a Municipal Corporation, Appellee (Defendant below).… Duran v. State Page 434 Defendant was convicted of assault and battery while armed with a dangerous or deadly weapon, committed upon his ex-wife, Olivia Montoya, by shooting her with a pistol in violation of § 6-70B, W.S.1957.… Zitterkopf v. Roussalis Page 436 As has been our frequent wont, we are compelled to call to the attention of appellants, the firmly implanted rule of appellate practice that in the review of a case here on appeal, we must assume that evidence in favor of the successful party is true, leave out of consideration entirely evidence of the unsuccessful… National Bank v. Equity Investors Page 440 This appeal involves the issues of guarantors’ liability; the amount of deficiency that can be charged them under a mortgage foreclosure proceeding; the propriety of granting an upset price in a mortgage foreclosure proceeding and the correctness of denying a motion to consolidate two trials related to the appellants’… City of Seattle v. Rainwater Page 450 This criminal appeal was certified to this court by the Court of Appeals and we accepted it for review.… Iverson v. Marine Bancorporation Page 454 This is an appeal by the plaintiff from an *563 award of $1,000 in damages by the King County Superior Court for a wrongful eviction.… In Re the Marriage of McKinney Page 456 Eunice McKinney appeals from a property award and a decree of distribution contending the trial court: (1) abused its discretion in making distribution of property and (2) in failing to award her maintenance until further order of the court.… Allstot v. Pace National Corp. Page 459 J.—Bill Allstot, plaintiff, appeals from the trial court’s granting of a judgment notwithstanding the verdict or in the alternative, a new trial, in favor of the defendants, Pace National Corporation and Tom Walton.… City of Goldendale v. Graves Page 462 (dissenting)—I have empathy for the majority’s rationale, particularly in view of Memel v. Reimer, 85 Wn.2d 685, 538 P.2d 517 (1975); Moore v. Burdman, 84 Wn.2d 408, 526 P.2d 893 (1974); Malott v. Randall, 83 Wn.2d 259, 517 P.2d 605 (1974); Myers v. Harris, 82 Wn.2d 152, 509 P.2d 656 (1973); O’Connor v. Matzdorff, 76… This is an appeal by plaintiff from a decision of the Oregon Tax Court which affirmed an order by the Department of Revenue denying property tax exemption for the year 1974-1975 to the Grant Tower, a 26-story condominium in Portland.… Naber v. Thompson Page 467 Plaintiff, Gregory Naber, brought this action for loss of consortium resulting from injury of his wife allegedly caused by the negligence of the defendant, Curtis Guy Thompson.… Sherrod v. Holzshuh Page 470 The complaint in this case joined a suit to rescind a contract for the purchase of a house with an action for damages under the Oregon Unlawful Trade Practices Act (ORS 646.605 et seq.) both based upon alleged misrepresentations by defendants, including both the sellers of the house and their real estate agent.… Martindell v. Myers Page 474 On January 8, 1976, an initiative petition was filed with the Secretary of State seeking enactment of a Bill for an Act entitled "Relating to public utilities, and providing penalties.” The ballot title prepared by the Attorney General and returned to the Secretary of State reads: "CREATES UTILITY CONSUMER ADVOCACY… State v. Pruett Page 475 Defendant, Timothy Bryon Pruett, was convicted after a jury trial of manslaughter.… The father of a two-year-old child appeals an order modifying a decree of dissolution of marriage by transferring custody of the child from him to his former wife, the mother of the child.… State v. Gressel Page 478 Affirmed. State v. Jones, 23 Or App 706, 543 P2d 1103 (1975). Affirmed. Remodeling Consult, v. Builders Bd., 19 Or App 794, 528 P2d 1373 (1974), Sup Ct review denied (1975); LaMar’s Enterprises, Inc. v. OLCC, 18 Or App 77, 524 P2d 336, Sup Ct review denied (1974). Alonzo v. Board of Parole Page 478 In this parole revocation proceeding the state concedes that the petitioner was not allowed to respond to all material considered by the Board and agrees that the Board should hold a further hearing for that purpose.… State v. Regnier Page 479 Affirmed. State v. Cortman, 251 Or 566, 446 P2d 681 (1968), cert denied 394 US 951 (1969); State v. Fitzgerald, 19 Or App 860, 530 P2d 553 (1974). State v. Summerfield Page 479 Reversed and remanded. State v. Willis, 24 Or App 409, 545 P2d 1392 (1976). State v. Baker Page 479 The state confesses error. Reversed and remanded with directions to dismiss the indictment. State v. Collins Page 480 Reversed and remanded. State v. Haas, 13 Or App 368, 373, 510 P2d 852 (1973), rev’d on other grounds sub nom Oregon v. Haas, 420 US 714, 95 S Ct 1215, 43 L Ed 2d 570 (1975). 546 P.2d 481 (1975) PUFFER MERCANTILE COMPANY, and Division of State Compensation Insurance Fund, Petitioners, v. Remijio P.… People v. Marquez Page 482 546 P.2d 482 (1976) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carlos Raymond MARQUEZ, Defendant-Appellant.… delivered the opinion of the Court. We granted certiorari to review Anlauf Lumber Co. v. West-Fir Studs, Inc., 35 Colo.… delivered the opinion of the Court. We granted certiorari to review Anlauf Lumber Co. v. West-Fir Studs, Inc., 35 Colo.… People v. Pinyan Page 488 delivered the opinion of the Court. We granted certiorari to review the decision of the district court which affirmed an order of dismissal of a criminal complaint by the county court on the ground that section 18-1-408(2), C.R.S.… People v. Bates Page 491 delivered the opinion of the Court. This is an interlocutory appeal by the People from a ruling of the trial court suppressing certain statements made by defendant Bates after he had been arrested and charged with several counts of burglary and theft.… People v. Truesdale Page 494 delivered the opinion of the Court. Defendant Ralph Truesdale was convicted of theft, in violation of 1971 Perm.… delivered the opinion of the Court. City and County of Denver Ordinance No. 526, Series of 1971 annexed a parcel of Jefferson County land to Denver.… 546 P.2d 500 (1975) Jesse L. BRADFIELD, and the Estate of Lenore Bradfield, Jesse L.… State v. Emerson Page 509 delivered the opinion of the court. Defendant appeals from a Gallatin County judgment of conviction for robbery entered on the verdict of a jury, the Hon.… Matter of Estate of Donovan Page 512 delivered the opinion of the court. This is an appeal from an order of the district court, Toole County, the Hon.… State v. Mann Page 515 delivered the opinion of the court. Petitioner filed a petition in this Court, pursuant to section 95-2601 et seq., R.C.M.1947, to set aside the sentence imposed upon him by the district court, Cascade County.… State v. Lewis Page 518 delivered the opinion of the court. Defendant Lewis, formerly superintendent of schools, School District Number One at Deer Lodge, was convicted in a jury trial of three counts of embezzlement by a public officer.… delivered the opinion of the court. The district court of the eighth judicial district, Cascade County, has declared a portion of Montana’s recently amended obscenity law, sections 94-8-110 and 94-8-110.1, R.C.M.1947, to be constitutionally infirm.… Sugue v. FL Smithe MacHine Co., Inc. Page 527 This is an interlocutory appeal by the plaintiff and cross interlocutory appeal by the defendant.… State v. Pokini Page 529 Appellant appeals from a conviction of robbery in the first degree and aggravated assault.… State v. Bundrant Page 530 OPINION King crab occur in harvestable numbers in several areas of the Bering Sea off the coast of Alaska.… Yarbor v. State Page 564 OPINION Before RABINOWITZ, C. J., and CONNOR, ERWIN, BOOCHEVER and BURKE, JJ.… Sloan v. Atlantic Richfield Co. Page 568 OPINION ON REHEARING Appellee Atlantic Richfield Company (ARCO) petitions for a rehearing in this case, alleging various oversights in our Opinion No. 1195, dated October 15, 1975, 541 P.2d 717.… Willis v. City of Valdez Page 570 OPINION This appeal arises from two quiet title actions, consolidated, involving lands within U.… OPINION Before RABINOWITZ, C. J., and CONNOR, ERWIN and BURKE, JJ.… Nelson v. State Page 592 OPINION Before BOOCHEVER, C. J„ and RA-BINOWITZ, CONNOR and ERWIN, JJ.… French v. Collins Page 597 OPINION Appellant, executrix of the estate of her deceased husband, appeals the award of two separate attorneys’ fees to attorneys who represented her to settle the estate.… Ingle v. State Page 598 OPINION After a jury trial, appellant stands convicted of assault with a deadly weapon with intent to do bodily harm.… Cherubini v. Sheriff Page 598 *112OPINION On November 6, 1975, a Clark County Grand Jury returned an indictment which charged that on March 7, 1974, appellants submitted a false or fraudulent insurance claim, a gross misdemeanor under NRS 205.385.… Carman v. Slavens Page 601 Defendant Bert Slavens appeals from an order of the district court that his answer be stricken and summary judgment be entered against him for his failure to appear *602 on a notice to take his deposition and produce documents.… Winters v. WS HATCH COMPANY, INC. Page 603 546 P.2d 603 (1976) Allen C. WINTERS, Plaintiff and Appellant, v. W.… Fullmer v. Blood Page 606 Plaintiffs, Don K. ' Fullmer, his wife Carma M.… Appeal from a judgment unfavorable to Andersons in a suit involving a foreclosure sale scheduled and executed on January 16, 1975, against property owned but mortgaged by them, which they lost by default on their mortgage obligation.… Willhite v. Willhite Page 612 On January 10, 1973, appellant husband obtained a decree of divorce from his wife (appellee) in Harris County, Texas.… Page v. Rose Page 617 This is an appeal from judgment in favor of plaintiff-appellee, Page, in the amount of $1,500.… This action arose as the result of the Department of Institutions, Social and Rehabilitative Services of the State of Oklahoma (DISRS) filing a petition seeking to have two minor children declared dependent and neglected.… McFarling v. Demco, Inc. Page 625 In June of 1969, C. L. Frates & Company (Frates) entered into an “Agency Agreement” (the agreement), with Liberty Universal Insurance Company (Liberty).… Price v. State Page 632 OPINION Appellant, Coy Andrew Price, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pottawatomie County, Case No. CRF-74-570, for the offense of Unlawful Delivery of Marihuana, in violation of 63 O.S.1971, § 2-402, ¶ B 2.… Gilmore v. State Page 632 MEMORANDUM OPINION Appellant, Audrey Elaine Gilmore, was convicted of the crime of Forgery in the Second Degree in the District Court, Seminole County, Case No. CR-75-33.… Matter of Gault Page 639 *640OPINION Wilma Ivon Gault appeals from an order of the Juvenile Division of the District Court, Tulsa County, certifying her to stand trial as an adult for the commission of the offense of Possession of Marihuana With Intent to Distribute.… Webb v. State Page 642 546 P.2d 642 (1976) Wyatt Long WEBB, Appellant, v. The STATE of Oklahoma, Appellee.… Sprigner v. State Page 645 OPINION Appellant, Harry Sprigner, hereinafter referred to as defendant, upon a plea of guilty was convicted in the District Court, Stephens County, Case No. CRF-75-109, for the offense of Grand Larceny, in violation of 21 O.S.1971, § 1704.… Crook v. State Page 648 OPINION Appellant, Joseph Ray Crook, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-2113, with the crime of Rape in the Second Degree, in violation of 21 O.S.1971, § 1111.… Jerry v. Pardon and Parole Board Page 650 OPINION This is an original proceeding in which T.… Johns v. Hess Page 652 *653ORDER DISMISSING PETITION This is an original proceeding in which Lester L.… Goodner v. State Page 653 OPINION Jimmy Goodner, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Bryan County, Case No. CRF-74-98, with the crime of Unlawful Possession of Marijuana with Intent to Distribute, in violation of 63 O.S.… Bennett v. State Page 659 OPINION Appellants, Terry Eugene Bennett and James Lee Livingston, hereinafter referred to as defendants, were charged, tried before a jury and convicted in the District Court, Oklahoma County, Case No. CRF-74-3025, for the offense of Robbery With Firearms, in violation of 21 O.S., § 801.… People v. Steger Page 665 Opinion Defendant Cheryl Lynn Steger appeals from a judgment convicting her of the first degree murder of her three-year-old stepdaughter Kristen.… Davis v. Damon C. Page 676 Opinion Damon C. appeals from orders of the juvenile court continuing him as a ward of that court and placing him in the custody of the Youth Authority.… Puritan Leasing Co. v. August Page 679 Opinion Plaintiff appeals from a judgment of the Superior Court of Santa Barbara County entered after the jury returned a directed verdict for plaintiff and against defendants Robert Alan August, Bruce A.… Opinion The state Agricultural Labor Relations Board (ALRB) petitions for an original writ of mandate to compel respondent Superior Courts of Tulare and Fresno Counties to vacate various orders enjoining enforcement of an administrative regulation which permits qualified access to agricultural property by farm labor… Opinion The case poses the question, will a class action lie to restrain a labor union’s picketing activities?… Bernhard v. Harrah's Club Page 719 Opinion Plaintiff appeals from a judgment of dismissal entered upon an order sustaining without leave to amend the general demurrer of defendant Harrah’s Club' to plaintiff’s first amended complaint.… Griggs v. Superior Court Page 727 I concur that procedural rules for the efficient disposition of petitions for habeas corpus seeking post-conviction relief should be promulgated.… 546 P.2d 754 (1976) FIRST NATIONAL BANK OF OREGON, a National Banking Association, Appellant, v. JACK MATHIS GENERAL CONTRACTOR, Inc., an Oregon Corporation, et al., Respondents.… Brooks v. Employment Division Page 760 Claimant appeals from a decision of the Employment Appeals Board holding that she failed to establish good cause, within the meaning of ORS 657.875, for an untimely request for a referee’s hearing on her unemployment compensation claim.… State v. Asher Page 762 Defendant was indicted, tried and convicted by a jury of criminal activity in drugs, ORS 167.207.… F. v. H. Page 765 This is a filiation proceeding. In his appeal defendant ("H.”) contends that the trial court erred in holding that the defendant was the father of "a child born out of wedlock.” The plaintiff-mother ("F.”) was married to a Mr. "F.” (not the defendant) at the time of the birth of the child.… State v. Elliott Page 766 Defendant was convicted of the illegal sale of dangerous drugs.… Sawhney v. Public Welfare Division Page 768 This is a petition for review of the final order of a hearing officer of the Public Welfare Division.… State v. Henry Page 769 This is an appeal from a judgment resulting from a jury verdict of manslaughter and 10-year sentence of imprisonment imposed thereon.… State v. Meyers Page 771 This is an appeal by the state from a circuit court order suppressing hair and blood samples taken from the accused under a search warrant.… Covic v. Roso Page 773 In this will contest the circuit court found that the testator had testamentary capacity and that the will was not the product of undue influence.… Braidwood v. City of Portland Page 777 546 P.2d 777 (1976) Ardys BRAIDWOOD et al., Respondents, v. The CITY OF PORTLAND, a Municipal Corporation, et al., Appellants.… Claimant appeals from a decision of the Appeals Board of the Employment Division, Department of Human Resources, denying him unemployment compensation benefits because he was not actively seeking work as required by ORS 657.155.1 The facts were undisputed.… State v. Gilligan Page 783 Defendant, pursuant to a plea of guilty, was convicted by the court of Sexual Abuse in the First Degree, a Class C felony, ORS 163.425, on November 16, 1973.… State v. Gill Page 786 Defendant was charged with the crime of being an ex-convict in possession of a firearm, ORS 166.270.… Grigsby v. Employment Division Page 788 The sole issue in this appeal from an order of the Employment Appeals Board is whether the claimant "voluntarily left work without good cause,” ORS 657.176(2)(c), thus disqualifying himself from certain benefits.… Herron v. Employment Division Page 789 Claimant appeals from a decision of the Employment Appeals Board (Board) denying him a hearing on the merits of his unemployment claim.… Gredvig v. Employment Division Page 791 This is a petition to review an order of the Employment Appeals Board denying claimant’s unemployment compensation claim.… State v. Ortiz Page 796 Appellant, Marcos Anthony Ortiz, was convicted of exhibiting a deadly weapon not in self-defense and was sentenced to serve not less than 5 nor more than 10 years in the Arizona State Prison.… Banner Realty, Inc. v. Turek Page 798 113 Ariz. 62 (1976) 546 P.2d 798 BANNER REALTY, INC., an Arizona Corporation, Appellant, v. Robert TUREK and Gayle Turek, husband and wife, Happy I.… This writ of certiorari was brought by the State'Compensation Fund and Elster’s to review an order of the Industrial Commission reopening a claim.… Roseberry v. Industrial Commission Page 802 The petitioner, Clarence J. Roseberry, suffered an industrial injury to his lower lumbar spine on January 11, 1973.… The appellant, Department of Property Valuation of the State of Arizona (the Department), appeals from a judgment of the Superior Court which reduced the valuation of Trico Electric Cooperative, Inc. (Trico) for purposes of property tax assessment for the years 1970, 1971 and 1972.… State v. Marks Page 807 The appellant, Chester Lee Marks, was convicted by a jury of armed robbery in violation of A.R.S.… Deddens v. Cochise County Page 811 The Presiding Judge of Cochise County, Anthony T.… State v. Noles Page 814 113 Ariz. 78 (1976) 546 P.2d 814 The STATE of Arizona, Appellee, v. Judi Carol NOLES aka Judith Carol Forsberg, Appellant.… The appellants, Robert Van Burén and Patsy Van Burén, his wife, brought this action against appellee, Pima Community College District Board, for compensatory and punitive damages as a result of appellees’ alleged misrepresentation.… Prigosin v. Industrial Commission Page 823 This is a writ of certiorari to review an order of the Industrial Commission denying a lump-sum commutation of an award for permanent partial disability.… Downes v. Industrial Commission Page 826 This is a petition for review of a memorandum decision of the Court of Appeals, Division One, affirming a decision of the Industrial Commission of Arizona denying death benefits as a result of the death of Ramon V.… State v. Kiser Page 831 26 Ariz. App. 106 (1976) 546 P.2d 831 The STATE of Arizona, Appellee, v. Harry Earl KISER, Appellant.… State v. Carrillo Page 838 *114 OPINION This appeal challenges the trial court’s denial of appellant’s motion to suppress.… State v. Norcross Page 840 OPINION The defendant/appellant Ralph Lee Nor-cross was charged with the offense of escape from the county jail, a felony, in violation of ARS § 13-393.… State v. Boniface Page 843 OPINION The appellant was found guilty of receiving stolen property pursuant to A.R.S.… State v. Shields Page 846 26 Ariz. App. 121 (1976) 546 P.2d 846 The STATE of Arizona, Appellee, v. George E.… State v. Esquer Page 849 OPINION The appellant was charged with violation of A.R.S.… *127OPINION Does the voiding of the “household exclusion” in a motor vehicle liability policy entitle the injured party to sums in excess of the amount required by our Financial Responsibility Act, or, is the injured party only entitled to a sum not in excess of the minimum amount required by the Act ?… State v. Monroe Page 854 On April 15, 1975, the defendant appellant Lester J.… McFarlin v. Crawford Page 855 Respondent Hilda Beth McFarlin (Crawford) sought modification of a decree of divorce so as to require her former husband, appellant John C.… State v. Howell Page 858 OPINION Defendant appeals his conviction of aggravated assault § 40A-3-2, N.M.S.A.… Griego v. Marquez Page 859 OPINION Defendants Grissom and McCarty appeal from a judgment entered against them to compensate plaintiff, Adam Griego, Jr., for personal injuries arising out of a second collision automobile accident.… Madrid v. Scholes Page 863 546 P.2d 863 (1976) 80 N.M. 15 Mike MADRID, as guardian ad litem and next friend of Marita Watchman, a minor, Plaintiff-Appellant, v. A.L.… Madrid ex rel. Watchman v. Scholes Page 863 OPINION Plaintiff appeals an adverse judgment arising out of an accident in which Marita Watchman was run over by defendant’s !… Trotter v. Callens Page 867 OPINION The plaintiffs sued the defendants, R.… State v. Vallejos Page 871 OPINION Defendant was convicted of receiving stolen property: a gun.… Barger v. Ford Sales Company, Inc. Page 873 546 P.2d 873 (1976) 89 N.M. 25 George BARGER, Plaintiff-Appellee, v. FORD SALES COMPANY, INC., Employer, and Fireman's Fund American Insurance Companies, Insurer, Defendants-Appellants.… State v. Leyba Page 876 OPINION Convicted of receiving stolen property, defendant appeals.… State v. Richardson Page 878 OPINION Defendant shoplifted a combination radio and tape deck.… (dissenting): I cannot find any negligence on the part of the defendant which was a proximate cause of any damage to the plaintiff.… The defendant Ken R. White Company appeals to this court from a verdict and judgment in favor of the plaintiff.… Kessimakis v. Kessimakis Page 888 The defendant herein signed an entry of appearance and waived time to plead to a complaint seeking a divorce.… Cornia v. Cornia Page 890 Fuchsia Fern Cornia, who is an 81-year old widow, appeals from a finding that she is incompetent and an order appointing a guardian of her estate.… State v. Jeppson Page 894 On appeal is a jury verdict convicting defendant for the crime of distribution of a controlled substance for value, prohibited by 58-37-8(1)(a)(ii).… This is a wrongful death action brought by the plaintiffs who are the wife and daughter of a deceased workman who was in the employ of Christiansen Brothers Construction Company.… State v. Hendriksen Page 901 The defendant appeals from an order of the district court dismissing his appeal to that court of a verdict, sentence and judgment entered in a justice of the peace court on May 15, 1975.… The plaintiff commenced these proceedings in the District Court of Weber County seeking a declaratory judgment declar*904ing that a certain automobile policy issued to the plaintiff by the defendant afforded coverage.… State v. Taylor Page 907 Appeal, after a jury trial, from convictions on three second-degree murder charges, another for attempted first-degree murder and for attempted second-degree murder, in a bar encounter affair in which defendant killed three people in what the jury seemed to think was in cold blood.… Zemp v. van Frank & Associates, Inc. Page 909 The plaintiffs initiated these proceedings in the district court seeking to rescind and nullify a contract entered into with the defendants whérein the defendants undertook to render architectural services and to provide plans and specifications for a duplex the plaintiffs contemplated building.… Lyman v. Hatch Page 910 Appeal from a judgment on a promissory note awarded by the trial court, sitting without a jury.… State v. Hull Page 912 This involves two criminal prosecutions which were certified to this court and have been consolidated under one appeal.… Campbell v. Saunders Page 922 Plaintiff petitioned the superior court for a writ of mandamus directing that interest must be paid on a tort judgment obtained against the City of Bellevue.… Vetsch v. Sheriff of Spokane County Page 927 Charles Vetsch appeals the denial of *972 his petition for a writ of habeas corpus to review his extradition to the state of Idaho as a nonfugitivé, 1 i.e., a person not within the state of Idaho at the time the crime was committed.… Rhoades v. DeRosier Page 930 The plaintiff James Rhoades, the preceding driver, appeals from a judgment entered upon a jury verdict for the defendant following driver, Clifford DeRosier, in an action for damages sustained in a rear end collision.… Chasteen v. Childers Page 935 The opinion of the court was delivered by This is an appeal from a judgment in favor of *520 the plaintiff-appellee, Keith Chasteen, and third-party defendant, Thomas W.… 546 P.2d 946 (1976) BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Petitioner, v. Friedl PFEIFER and Capital Improvement Corporation, a Texas Corporation, Respondents.… Tucker v. Shoemaker Page 951 546 P.2d 951 (1976) Terry J. TUCKER, Petitioner-Appellant, v. Gary SHOEMAKER, Sheriff, Teller County, Colorado, Respondent-Appellee.… People v. LeFebre Page 952 delivered the opinion of the Court. Defendant appeals his conviction of conspiracy to commit first-degree arson, 1971 Perm.… People v. Cox Page 956 delivered the opinion of the Court. This is an appeal from a conviction of simple robbery.… People v. Shackelford Page 964 546 P.2d 964 (1976) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert E.… City and County of Denver v. Gibson Page 974 546 P.2d 974 (1975) The CITY AND COUNTY OF DENVER, a Municipal Corporation, et al., Plaintiffs-Appellees, v. Houston GIBSON, Commissioner, et al., Defendants, and Lawrence J.… 546 P.2d 977 (1975) FULLER & COMPANY, a Colorado Corporation, Plaintiff-Appellee, v. MOUNTAIN STATES INVESTMENT BUILDERS, a partnership, et al., Defendants-Appellants.… People v. Fletcher Page 980 546 P.2d 980 (1975) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Priestley Cassady FLETCHER, Defendant-Appellant.… ORDER IT IS ORDERED the application for a writ of supervisory-control in the above entitled matter is denied. State ex rel. Adams v. District Court of the Third Judicial District ex rel. County of Powell Page 988 This is an application by a newspaper reporter for a writ of supervisory control to quash a subpoena duces tecum served upon him in a pending criminal case.… Wilson Ex Rel. Roche v. Swanson Page 990 546 P.2d 990 (1976) Allen Wells WILSON, a minor by and through his Guardian Gloria Roche, Plaintiff and Appellant, v. James H.… Apperson v. Kay Page 995 This is an appeal from the entry of a summary judgment denying plaintiff recovery on his claim for injuries alleged to have been caused by defendants’ negligence *996while plaintiff was a tenant in an apartment owned by defendants and leased to him.… Kline v. Sheriff Page 1000 *122OPINION Appellant, charged with robbery, was arraigned and entered a plea of not-guilty on November 19, 1975.… OPINION This is an appeal from an order of the district court granting summary judgment in favor of the respondents and against *124the appellant, Charlotte Arley.… Feibel v. Sheriff Page 1003 OPINION This appeal challenges the sufficiency of the evidence to warrant prosecution of Fred Leopold Feibel and James Arthur McCulIy for the crime of unlawfully employing, inducing or using a minor to transport or carry a controlled substance (marijuana), a felony under NRS 453.401(2).… Williams v. Sheriff of Washoe County Page 1003 OPINION Billy Williams’ conviction for robbery was nullified by this court.… Nelson v. Miwa Page 1005 *602 OPINION OF THE COURT BY This is an appealby the University of Hawaii, various ofits officers, 1 and the State of Hawaii, hereinafter referred to as appellants, from an order enjoining them from discharging appellee from his employment at a state college solely because he attained the age of sixty-five years.… Abreu v. Raymond Page 1013 546 P.2d 1013 (1976) Louis ABREU and Bernadette Abreu, a minor by her next friend, Ethel Abreu, Plaintiffs-Appellants, v. Bob RAYMOND et al., Defendants-Appellees.… Rotramel v. Public Service Company Page 1015 This is a wrongful death action by the heirs of John Austin Rotramel who was electrocuted when the- aluminum ladder he was using while cleaning a building came in contact with defendant’s 13,200 volt power line.… Delhi Gas Pipeline Corp. v. Mayhall Page 1019 Delhi Gas Pipeline Corporation brought this action to condemn an easement for a pipeline right-of-way across the 160 acre farm of the defendants.… Johnson v. City of Tulsa Page 1021 OPINION Appellant Joel H. Johnson, hereinafter referred to as defendant, was charged, tried and convicted in a Municipal Court of Record of the City of Tulsa for Failure to Prevent Dog From Running At Large in violation of Title 2, § 2(b), Municipal Ordinances of the City of Tulsa.… Brown v. State Page 1023 OPINION The appellants, Lonnie Wayne Brown and Randy Carroll Wright, hereinafter referred to as defendants, were jointly tried before the trial court in a non-jury trial and adjudged guilty of the crime of Tampering With a Vehicle, 47 O.S.1971, § 4-104(a) in the District Court of Tulsa County.… Phillips v. State Page 1027 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND/OR ORDER DISMISSING PETITION FOR WRIT OF MANDAMUS Petitioner, Jimmy L.… Roland v. State Page 1029 OPINION Appellant, Jack Monte Roland, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-75-57, for the offense of Robbery With Firearms, After Former Conviction of a Felony, in violation of 21 O.S.Supp.1973, § 801.… Bulloch v. State Page 1031 OPINION The Appellant, David Thomas Bulloch, hereinafter referred to as defendant, entered a plea of guilty in the District Court of Payne County, Oklahoma, to the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor in Case No. CRM-75-134.… Schwalbe v. Jones Page 1033 Opinion In Brown v. Merlo (1973) 8 Cal.3d 855 [106 Cal.Rptr.… delivered the opinion of the court. This is an appeal from a condemnation jury verdict and judgment entered in the district court, Park County.… Erhart v. Great Western Sugar Company Page 1055 delivered the opinion of the court. This is an appeal from a judgment entered in district court, Yellowstone County, reversing an order of the Workmen’s Compensation Division denying compensation to claimant on the grounds no industrial accident or injury had occurred.… State ex rel. Forsythe v. Coate Page 1060 This is an original application by the Rosebud County attorney for a writ of prohibition or other appropriate relief (1) to disqualify the district judge from sitting upon a grand jury investigation, and (2) to have a special prosecutor appointed from outside the sixteenth judicial district to assist the grand jury-… State v. Hill Page 1062 ORDER This is an original proceeding wherein appellant seeks to obtain a transcript of his trial for use on an appeal at state expense.… Plaintiff brought this forcible entry and detainer action in the District Court for Multnomah County to recover possession of an apartment unit.… The plaintiffs in these consolidated cases secured verdicts of approximately one million dollars against the defendant.… Black v. Black Page 1074 Plaintiff and defendant had previously been wife and husband.… Webb v. Clark Page 1078 This is an action for fraud arising out of defendants’ contract to install an electric hot water baseboard heating system in plaintiff’s home.… Defendant appeals from a decree of the Tax Court allowing plaintiff, a foreign corporation, to exclude income attributable to its business activity in the state of Washington from Oregon taxable income for the years 1966 through 1968.… State v. Basler Page 1084 The state appeals from a circuit court order suppressing evidence of narcotics seized pursuant to a warrantless search of defendants and their automobile.… Johnson v. Smith Page 1087 This suit was instituted by plaintiff, Shirley Johnson, for injuries sustained when defendant Smith drove his automobile into the rear end of plaintiff’s automobile after plaintiff had stopped her automobile at the flooded portion of a highway maintained by defendant state of Oregon.… State v. Dillon Page 1090 546 P.2d 1090 (1976) STATE of Oregon, Respondent, v. Edward DILLON, Appellant.… This is an appeal from the child custody provisions of a decree dissolving the marriage between the parties.… State v. Chin Page 1095 Defendant, convicted upon trial by jury of driving under the influence of liquor, states in his brief on appeal that his "* * * only claim of error relates to a peculiarly horrible explanation of the concept of 'reasonable doubt’ given by the Court while instructing the jury.”1 The court first instructed the jury that… Greer v. Oregon Correctional Institution Page 1097 Affirmed. Palmer v. OSP, 24 Or App 177, 545 P2d 141 (1976). State v. Riley Page 1097 Defendant appeals his convictions of forgery in the first degree, ORS 165.013,1 (two counts) and criminal possession of a forged instrument in the first degree, ORS 165.022.2 Police had been keeping the house of a Ms. Wilson under surveillance.… Joyce v. City of Portland Page 1100 Plaintiffs, owners of land situated in the city of Portland, filed complaints seeking (1) declaratory judgments, (2) judicial review, and (3) in the alternative, damages, in response to a zone change affecting their property initiated by defendant city.… Affirmed. Pendergrass v. Toombs Page 1103 This is a habeas corpus proceeding. Petitioner was pregnant at the time she was committed to the Oregon Women’s Correctional Center, having been found guilty of the crimes of attempted murder and assault.… Moore v. Moore Page 1104 dissenting. The majority’s disposition of this case is not completely clear to me.… Mongiovi v. Doerner Page 1110 The issues are: (1) what is a "new courthouse”; and (2) whether the hiring of professionals, such as architects, in connection with a public construction project is subject to statutory bidding and bonding requirements.… Biggs v. State Accident Insurance Fund Page 1110 Affirmed. Jones v. Cascade Wood Products, 21 Or App 86, 533 P2d 1399, Sup Ct review denied (1975). City of Klamath Falls v. Lewis Page 1113 According to the pleadings in this case, the City of Klamath Falls constructed a street which ran along the city boundaries and outside the city boundaries.… State v. Tolson Page 1115 Defendant appeals from a court conviction, after she waived jury trial, of robbery in the second degree under ORS 164.405(1)(b) which provides: "(1) A person commits the crime of robbery in the second degree if he violates ORS 164.395 and he: "(b) Is aided by another person actually present.” ORS 164.395(1)(a)… State v. Elmore Page 1117 On a written stipulation of facts defendant was convicted of the second count in an indictment charging him with, Count I, forcible rape, and, Count II, second degree rape upon "a female under the age of fourteen years * * ORS 163.365(1)(b).… State v. Kidwell Page 1119 Affirmed. State v. Elmore, 24 Or App 651, 546 P2d 1117 (1976). State v. McEwen Page 1120 Defendant appeals his conviction of escape in the second degree, ORS 162.155.1 Defendant was an inmate of the Oregon State Penitentiary assigned to the Portland Work Release Center.… Fisher v. Employment Division Page 1121 Affirmed. Cantrell v. Employment Division, 24 Or App 215, 545 P2d 143 (1976). Fasi v. Burns Page 1122 This is an appeal by the plaintiffs, the Honorable Frank F.… Respondent, Horace L. Lurie, was charged with unethical conduct.… State v. Noble Page 1130 On April 30, 1974 a jury returned a verdict finding the defendant guilty of voluntary manslaughter.… Massie v. Industrial Commission Page 1132 The petitioner sought review of an award of the Industrial Commission denying recovery for medical and surgical expenses and post-surgical compensation.… Padilla v. Industrial Commission Page 1135 Petitioner, Maria Padilla, suffered an industrial injury on May 13, 1973.… Robles v. Robles Page 1138 OPINION Beatrice and Robert Robles were divorced in 1957.… Chudzinski v. Chudzinski Page 1139 OPINION Sue and Michael Chudzinski were divorced in 1955.… State v. Astorga Page 1142 OPINION Appellant was placed under surveillance by law enforcement officers in a local bar.… James v. Aetna Life & Casualty Page 1146 OPINION When will deviation from permissive use preclude coverage under the omnibus clause?… Fry v. Industrial Commission Page 1149 OPINION This petition for certiorari questions an Industrial Commission award finding a noncompensable claim because the claimant was found to be an independent contractor and not an employee of the respondent, Southland Corporation.… OPINION The Arizona Department of Economic Security (referred to as “the Department”) appeals from a superior court judgment reversing a decision of the Department to recoup certain unemployment benefits paid to appellee.… Montgomery v. Blubaum Page 1155 OPINION On July 9, 1974, appellant Kathryn Montgomery was arrested on a fugitive warrant issued by the East Phoenix Precinct 2 Justice of the Peace Court.… State v. Kennel Page 1156 OPINION In this case we must determine if an officer who has legally taken an intoxicated person into custody for delivery to an alcohol treatment center may conduct a full body search as distinguished from a pat-down search for weapons.… State v. Bullock Page 1158 OPINION Alton Bullock was convicted of unlawful possession of heroin and unlawful possession of marijuana.… Fruth v. Divito Page 1163 OPINION This appeal presents the question whether certain defenses were raised sufficiently in advance of trial to have allowed them to be considered by the trial court when it directed a verdict in defendants’ (appellees’) favor.… OPINION On October 19, 1973, James Jackson and his wife purchased a 1972 Ford Torino from Flagstaff Dodge.… Suter v. Suter Page 1169 Joan Suter, the plaintiff-appellant and cross-respondent, instituted this action for divorce and division of property against her husband, Max O.… V-1 Oil Company v. Lacy Page 1176 Plaintiff-appellant, V-l Oil Company (hereinafter appellant), an Idaho corporation with its principal place of business in Bonneville County, owned real and personal property in Bannock County which it used for the business of a retail gasoline service station.… State v. Goodrich Page 1180 Defendant-appellant Jean Goodrich, (hereinafter appellant), was charged with murder in the second degree (I.C.… Montanez v. Cass Page 1189 OPINION This is an appeal by plaintiff from a summary judgment granted defendants.… OPINION Appellant operates a nursing home for the aged sick in Curry County, New Mexico.… Herrera v. Springer Corporation Page 1202 OPINION This case involves a suit by Elmer Herrera, who was injured when the self-loading scraper which he was operating overturned.… (dissenting). I respectfully dissent from the majority opinion for the reason that the decision represents an extension of Restatement of Torts 2d, § 402A, which places strict liability on the manufacturer of defective products unreasonably dangerous to the user, to reach optional safety devices.… State v. Kimball Page 1217 Michael Wayne Kimball appeals from the judgment and sentence imposed upon his conviction of first-degree murder.… State v. Herd Page 1222 Facts of Case A jury found Vern Leslie Herd guilty of the crime of *960 murder in the first degree in connection with the stabbing death of June Yonekawa on a downtown Seattle street the evening of May 26,1974.… United Pacific Insurance v. McCarthy Page 1226 This is a declaratory judgment action brought by plaintiff, United Pacific Insurance Company, pursuant to RCW 7.24.… Jackson v. State Page 1230 Petitioner, Margaret Green Jackson, seeks review by certiorari of an order of the Pierce County Superior Court permanently depriving her of parental custody of her minor children, Angel Lynn Green and Justine Lorraine Green, upon a finding of the children’s dependency, as defined in RCW 13.04.010(1), (2), (3), and (8).… State v. Greene Page 1234 Defendant, William Greene, appeals from a conviction of sodomy, RCW 9.79.100.… Shaw Disposal, Inc. v. City of Auburn Page 1236 Shaw Disposal, Inc., and a private citizen sued the City of Auburn and R.S.T.… Nevers v. Aetna Insurance Co. Page 1240 J.—Plaintiff Robert M. Nevers appeals from a judgment denying his claim for indemnity under his “all risks” yachtsman’s hull policy with defendant, Aetna Insurance Company.… State v. Hansen Page 1242 George Hansen was convicted by a jury of driving while under the influence of intoxicants, RCW 46.61.515.… State v. Anderson Page 1243 Defendant Arthur Anderson appeals a conviction of armed robbery, contending the court erred in (a) permitting a Seattle police officer to testify as to the manner in which the defendant had committed two prior robberies in King County for which he was presently confined in the state penitentiary; and (b) permitting… Egbert v. Way Page 1246 15 Wash. App. 76 (1976) 546 P.2d 1246 DANNY EGBERT, ET AL, Appellants, v. DELLA F.… Washington Trust Bank v. Circle K Corp. Page 1249 Washington Trust Bank (Bank), as trustee for the trust of Fred W.… People v. Lorio Page 1254 delivered the opinion of the Court. The defendants-appellees, Rene Lorio and Amador E.… delivered the opinion of the Court. Survey Engineers, Inc., the petitioner, brought an action against the Zoline Foundation and Joseph Zoline, the respondents, to recover $10,878.29 which the respondents allegedly owed the petitioner for services rendered in surveying the respondents’ land.… delivered the opinion of the Court. Survey Engineers, Inc., the petitioner, brought an action against the Zoline Foundation and Joseph Zoline, the respondents, to recover $10,878.29 which the respondents allegedly owed the petitioner for services rendered in surveying the respondents’ land.… People v. Pearson Page 1259 delivered the opinion of the Court. Defendant Pearson was found guilty by a jury of first-degree murder 1 and was sentenced to life imprisonment.… People v. District Court Page 1268 delivered the opinion of the Court. This is an original proceeding relating to the question of whether prospective jurors can be questioned on voir dire as to their views on capital punishment in a first-degree murder case, People v. Carlos O.… People v. District Court Page 1268 delivered the opinion of the Court. This is an original proceeding relating to the question of whether prospective jurors can be questioned on voir dire as to their views on capital punishment in a first-degree murder case, People v. Carlos O.… Tucker v. in Death of Gonzales Page 1271 546 P.2d 1271 (1975) Carl TUCKER, and State Compensation Insurance Fund, No. 163918, Petitioners, v. CLAIMANTS IN the matter of the DEATH OF Carlos Vences GONZALES, and Industrial Commission of Colorado, Respondents.… Genua v. Kilmer Page 1279 546 P.2d 1279 (1976) Lois GENUA and Joseph Genua, Plaintiffs, v. Karvin R.… 546 P.2d 1281 (1976) EIGHT THOUSAND WEST CORPORATION, and Division of State Compensation Insurance Fund, Petitioners, v. Ollus STEWART, and Industrial Commission of the State of Colorado, Respondents.… People v. McCabe Page 1289 546 P.2d 1289 (1975) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Karen Elaine McCABE, Defendant-Appellant.… Hulett v. State Page 1293 *141OPINION Marvin Lee Hulett, Jr., was convicted, by jury verdict, of second degree kidnapping (NRS 200.310(2)); and, it having been determined that he had used a deadly weapon in the commission of the crime (NRS 193.165), the trial judge imposed consecutive ten (10) year sentences.… Melvin v. Sheriff Page 1294 OPINION A criminal complaint, filed January 2, 1974, charged that between July 18, 1972, and December 29, 1972, Barbara Melvin “made false statements to obtain payments under aid *147to dependent children”, a gross misdemeanor under NRS 425.250.… Solorzano v. State Page 1295 *145OPINION A jury found Xavier P. Solorzano guilty of “battery with intent to kill,” a felony under NRS 200.400.… Daniels v. Hughes Tool Co. Page 1296 OPINION Appellant commenced this action after being injured in a fall at the Sands Hotel in Las Vegas.… Balish v. Farnham Page 1297 *135 OPINION By the Court, First American Title Company of Nevada commenced this action to require the defendants, Jessie Farnham and Elverda Farnham Balish, to interplead their claims to the sum of $30,000 held by the title company as the result of a ranch sale.… Lovell v. State Page 1301 *130 OPINION By the Court, After jury trial, appellants, Raymond Allen Lovell and David Leroy Carrera, stand convicted of robbery (NRS 200.-380) and first-degree kidnapping (NRS 200.310).… OPINION On February 19, 1970, Kodiak Electric Association sent a.crew of five employees to install a new pole at the site of existing utility lines in the vicinity of Mission Road and Urdahl Circle, in the city of Kodiak'.… McDowell v. Lenarduzzi Page 1315 This is an appeal from the judgment of the superior court affirming the district court’s refusal to set aside a default judgment.… Waechter v. Amoco Production Co. Page 1320 The opinion of the court was delivered by The court has considered the briefs and rearguments of counsel and has concluded the original opinion of reversal should be adhered to.… State v. Johnson Page 1320 An original proceeding in discipline has been filed on two complaints against the respondent, Leo N.… Baker v. Baker Page 1325 546 P.2d 1325 (1975) Frank D. BAKER, Appellant, v. Leona Ehler BAKER, Appellee.… State v. Mazurek Page 1327 OPINION John Mazurek, hereinafter referred to as defendant, doing business as Rentex of Tulsa, was charged by Information in the District Court, Tulsa County, Case No. CRM-75-366, with the misdemeanor offense of Operating As a Real Estate Broker Without a License, in violation of 59 O.S.… Sage v. State Page 1332 MEMORANDUM OPINION Appellant, Michael Edward Sage, hereinafter referred to as defendant, entered a plea of guilty in the District Court, Cleveland County, Case No. CRF-74-705, to the offense of Burglary of an Automobile, in violation of 21 O.S.1971, § 1435, on December 23, 1974, and was thereupon sentenced to… Gamble v. State Page 1336 *1338 OPINION Appellant, Larry James Gamble, hereinafter referred to as defendant, was charged and tried before a jury in a two-stage proceeding in the District Court, Tulsa County, Case No. CRF-74-2756, and convicted for the offense of Unlawful Possession of Controlled Drugs (Heroin) with Intent to Distribute, After… Asher v. State Page 1343 546 P.2d 1343 (1976) Jimmy ASHER, Appellant, v. The STATE of Oklahoma, Appellee.… Shelton v. State Page 1348 MEMORANDUM OPINION Appellant, John Fredrick Shelton, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-75-520, for the offense of Robbery With Dangerous Weapon, After Former Conviction of Felony, in violation of 21 O.S.Supp. 1974, § 801.… Smith v. State Page 1351 OPINION Petitioner, Lovell Smith, sustained felony convictions in the Oklahoma County District Court, Case No. CRF-69-2849 and CRF-70-931.… Matter of B.J. Page 1354 OPINION B. J. and V. G., both juveniles, appeal from an order of the Juvenile Division of the District Court, Garvin County, Case Nos. JFJ-75-32 and JFJ-75-31, respectively, adjudicating them delinquent after a finding by a jury that they jointly committed acts which would constitute the crime of Burglary in the… Beren v. Harper Oil Company Page 1356 An appeal by Sheldon K. Beren, Robert M. Beren and Okmar Oil Company, a partnership composed of Adolph Beren, H.… Opinion Petitioner seeks review of a workers’ compensation award to an employee’s widow contending the going and coming rule precludes her recovery.… Phelps v. Brennan Page 1367 Opinion William H. Phelps, a justice court judge in Shasta County, seeks a writ of mandate to compel respondent Shasta County Clerk to stay all proceedings relating to a June 8, 1976, election for the office of judge in each of three Shasta County justice court districts created by county ordinance 445-10 to become… In Re Marriage of Bouquet Page 1371 *586 Opinion Harry Bouquet appeals from certain provisions of an interlocutory judgment dissolving the marriage and determining the property rights of the parties.… In Re Weber Page 1378 Opinion This is a proceeding to review a recommendation by the Disciplinary Board of the State Bar of California that petitioner be disbarred.… Opinion In this eminent domain proceeding, plaintiff City of Los Angeles (city) condemned approximately 773 acres of unimproved property belonging to defendant Retlaw Enterprises, Inc. (Retlaw) in connection with plans to expand Los Angeles International Airport.… Tarwater v. Morgan Page 1394 The opinion of the court was delivered by This is a dispute between a brother and sister over their mother’s estate, and especially over two bank accounts which stood in the joint names of mother and son.… State v. Rhodes Page 1396 The opinion of the court was delivered by This is a direct appeal from a jury verdict and judgment by the district court approving the verdict and sentencing Rodney Rhodes for aggravated robbery.… City of Council Grove v. Ossmann Page 1399 The opinion of the court was delivered by The City of Council Grove here sought to enjoin the defendant, Helen Ossmann, from continuing a common nuisance, and sought an order in the nature of a mandatory injunction requiring her to abate the nuisance.… State Ex Rel. Sanborn v. Kalb Page 1406 The opinion of the court was delivered by Our opinion in this case was filed December 13, 1975.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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