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All Reporters → us-dist-lexis → Volume 1962
Opinions in us-dist-lexis Volume 1962
This matter is before the Court upon the motion of defendant Schwager-Wood Corporation to dismiss this action as to said defendant on the ground that venue is improper in the Southern District of Ohio. The defendant corporation has filed, in support of its motion to dismiss, an affidavit made by its President. Said affidavit provides in part: “Schwager-Wood Corporation, an Oregon corporation, was ...
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On June 27, 1960, the Supreme Court of Delaware entered an order striking the name of William H. Bennethum from the roll of its attorneys and revoking his right to practice law in all courts of Delaware. The reasons for its action are fully stated in In re Bennethum, 2 Storey 504, 161 A.2d 229 (1960), reargument denied 162 A.2d 429 (1960). Upon receiving a certified copy of the disbarment order pu...
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Plaintiff alleges that on or about the-29th day of June, 1960 he was a patron of the defendant’s store at 14922 St. Clair Avenue, Cleveland, Ohio; that while-viewing a stock of electrical appliances, the ceiling directly over the area where plaintiff was standing suddenly collapsed, striking him with great force, throwing him to the floor, burying him. under the debris and causing him to sustain p...
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This action is predicated upon 42 U.S.C. § 402(d) (1) and (3). Section (d) says that every child of an individual entitled to old-age or disability insurance benefits, or if an individual who dies a fully or currently insured individual shall be entitled to child’s benefits for each month, beginning with the first month after August 1950 in which such child becomes so entitled. Section (d) is qua...
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I am satisfied that plaintiff’s complaint in the above-entitled action fails to allege facts upon which the plaintiff can obtain relief against the defendant Charles Tistad. Therefore, the mentioned defendant’s motion for an order dismissing plaintiff’s complaint and her action thereunder against him should be allowed.
Now dealing with the defendant’s objection to two of plaintiff’s proposed pretr...
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On the trial of motion for a preliminary injunction in this cause, after notice and hearing as provided for in Rule 65(a), the Court finds from the evidence as follows:
1. Brown and Root, Inc., plaintiff contracted with Colonial Pipe Line Company for laying out a pipeline right of way for the transportation of petroleum products from Louisiana to Texas. Plaintiff is a corporation organized...
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The plaintiff herein appeals from the final decision of the defendant Abraham A. Ribicoff, which he entered as Secretary above (Secretary) on August 18, 1961, holding that plaintiff is not entitled to receive the benefits provided by the Social Security Act (Act), as amended, Title 42 U.S.C.A. § 402(e), for the widow of William H. Holland (Holland), who died on July 3, 1957. The Secretary has a...
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This action was brought by Gibbs Corporation and United States Fidelity and Guaranty Company to set aside, suspend or modify a compensation award entered by William M. O’Keeffe, Deputy Commissioner, Bureau of Employees’ Compensation, United States Department of Labor. That award was entered on October 13, 1961, in favor of Owen K. Thrift, based on the finding that Thrift was permanently, totally d...
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These two separate actions, consolidated for trial, have been brought by Lavern A. Elliott (Elliott), as the above designated representative of Robert T. Elliott, deceased, and Bettie M. Stevenson, as the above designated representative of William A. Stevenson, deceased, to recover for the alleged wrongful death of their respective decedents, who were killed in an airplane crash while attemptin...
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V. A. Gomez, a prisoner in state custody, petitions this court for writ of habeas corpus. The substantial issue in this case is the claim of the petitioner Gomez that he was denied due process of law in that he was denied the right to assistance of counsel of his own choice. Gomez was indicted in the 118th District Court of Howard County, Texas, for the offense of receiving and concealing stolen p...
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Defendants SIDNEY STEINSCHREIBER, d/b/a SIDCAPS LABORATORIES and NORMAN CAPPEL have moved to dismiss the indictment for legal insufficiency in that the allegation that defendants unlawfully transported unlicensed “normal human plasma” does not charge a violation of the statute — Title *427 42 U.S.C. § 262(a) and (b); that if construed to charge such a violation the statute is unconstitutional f...
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Plaintiff instituted this suit against the defendant to recover damages for the wrongful appropriation by defendant of plaintiff’s ideas concerning the tech*663ñique of transferring dress patterns to the material from which a dress would ultimately be cut and made. Plaintiff alleges that in 1956, without •disclosing any particulars, she stated to defendant’s agent and employee in Missouri, that sh...
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serving by designation. This proceeding was - instituted by the United States of America, on behalf of the Secretary of the Air Force, to condemn certain lands of the defendants situated in Dover and Madbury, New Hampshire, in order to provide for additional facilities in connection with Pease Air Force Base, Rockingham County, New Hampshire. The complaint and declaration of taking, together wi...
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These are various motions brought in ■connection with the above action which has been assigned to the undersigned for all purposes. The action is an omnibus action instituted by eight plaintiffs against some twenty-seven defendants. The complaint was filed on March 30, 1959. The action has not been pressed vigorously since that time and attempts at pre-trial conferences to get the case ready for t...
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Mrs. Hazel V. Obenschain sued the defendant, American Mutual Liability Insurance Company to recover workmen’s compensation benefits under the Tennessee law for the death of her husband, who was, for some seven or eight years, a truck driver for Blue Ridge Transportation Company of Knoxville, Tennessee. Mrs. Obenschain has two children, one being 20 years of age and the other 14 years of age, both ...
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This opinion is written pursuant to the Mandate of the United States Court of Appeals for the Third Circuit, vacating a judgment of this court entered August 22, 1961 (Document No. 14), and remanding with instructions to “ * * * determine whether or not there is diversity jurisdiction.” (Document No. 19).
Subsequent to the Opinion of the Court of Appeals (filed May 31, 1962), counsel for both plai...
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The motion to dismiss raises the question whether the indictment states facts sufficient to constitute an offense under one of the alternatives of 18 U.S.C. § 1001. Stripped of language not pertinent to the present question, the statute reads: “Whoever * * * [1] conceals or covers up [2] by any trick, scheme, or device [3] a material fact * * The numerals just used emphasize three essential ingred...
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The motion for new trial filed by the plaintiffs complains, among other things, of the admission of the testimony of the defendant’s witness, A. M. Melton, as to actual prices paid during the time in question by several other major pipelines for gas at the mouth of the well in the West Panhandle Field and in other fields claimed to be comparable. This complaint extends to the admission of charts p...
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Rule 54(d) Federal Rules of Civil Procedure, provides in part as follows: “Except when express provision-therefor is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless the Court otherwise directs * * [Emphasis supplied] § 11-1517 of the D.C. Code provides in pertinent part as follows: “If any person * * * shall * * su...
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Plaintiff brings this action against the United States of America and twenty fictitious defendants under the asserted authority of Title 28 U.S.C. § 1346(b). The United States has moved to dismiss the complaint for lack of jurisdiction and for failure to state a claim upon which relief may be granted. F.R.Civ.Proc. Rule 12(b), (28 U.S.C.A.). In Count I of his complaint plaintiff alleges injurie...
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Plaintiff brought this action against the various defendants, named and fictitious, in the Superior Court of the State of California, in and for the County of Solano, (captioned as above and numbered 36268 therein) for money damages on account of torts allegedly committed by defendants against plaintiff. 1 The United States Attorney, upon direction of the Attorney General of the United States...
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This is an action to recover benefits under the Workmen’s Compensation Law of Tennessee.
Mrs. Icelona Blair, who is the widow of Theodore T. Blair, a former employee of the defendant, Aluminum Company of America, is the plaintiff. Her husband died on March 15, 1961 as the result of a severe heart attack that occurred while he was in the performance of his duties as a pot attendant in the smelting ...
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STATEMENT OF THE CASE. This Court on January 20, 1960 approved a Plan of desegregation proposed by defendant Atlanta Board of Education. Details of that Plan may be obtained by reference to Calhoun v. Members of Board of Education, D.C., 188 F.Supp. 401 and D.C., 188 F.Supp. 412. On September 13, 1960 the Court provided the Plan in question should begin in September, 1961 and apply to the eleventh...
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This cause was taken under advisement on October 19, 1962, on defendant’s motion to dismiss made in open court. The plaintiff and defendant now having filed briefs, it appears that said motion should be granted. 21 U.S.C. § 331 (k) prohibits the specific acts of alteration, mutilation, destruction, obliteration or removal of the labeling of, a food, drug, device or cosmetic. This enumeration of sp...
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This is an action originally brought by NORMAN P. MASON as Commissioner of the Federal Housing Administration against SAVANNAH APARTMENTS, INC. Julian H. Zimmerman was substituted as Plaintiff when he became Commissioner, and after his resignation, Norman P. Mason was substituted as Plaintiff in his capacity as Acting Commissioner. Thereafter, Neal J. Hardy, the present Commissioner, was substitut...
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The voluminous eighty count indictment in the above entitled action charges defendants, John P. Calise and Westchester Blood Service, Inc., with several types of violations of the Public Health Service Act and the Federal Food, Drug and Cosmetic Act, and a conspiracy to violate those statutes.
The defendant John P. Calise moves to dismiss as to himself on the ground that although each coun...
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This is a petition for a declaratory judgment to determine the rights of the parties under an insurance policy issued by the petitioner to Melville Straus in Tuseon, Arizona. The particular issue presented is whether Alexander Summers, Jr., is entitled to coverage under the policy such that the petitioner will be obliged to assume the defense of actions brought against Summers by Linda Brandt and ...
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Gordon Jay Thompson is a military prisoner presently serving his sentence at the United States Penitentiary, Lewis-burg, Pennsylvania. He filed a Petition for Writ of Habeas Corpus to which a Response has been filed but no Traverse. It is his contention that he was tried and convicted by a court-martial for a capital offense although “the United States was not at war at the time of the offences...
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Following the trial of this case in which the jury brought a verdict of $22,500 for the plaintiff, motions followed for judgment N.O.V., or in the alternative for a new trial because of the excessiveness of the verdict. The action was under the Federal Employers’ Liability Act brought by an employee of the defendant railroad. On February 18, 1960, the plaintiff was employed by the McKees Rocks sho...
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Defendant’s consolidated motion to dismiss, or in the alternative to quash service of summons, together with the briefs in support of and in opposition to said motion, having been considered by the court, and the court being fully advised in the premises, *118Now, therefore, it is ordered and this does order that said consolidated motion, in its entirety, be and the same hereby is denied, and the ...
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This action was originally based upon a claim arising under the F.E.L.A., 45 U.S.C. § 51 et seq., for the death of the plaintiff’s husband, a railroad employee who died after receiving a back injury which was caused by a deteriorated section of track in a certain leased industrial railroad yard in Pueblo, Colorado, wherein the decedent was working as a business invitee of the lessee. The issue of ...
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Application for writ of habeas corpus was filed, rule nisi was issued and a response thereto filed by the Warden. This Court by Order dated July 9, 1962 has pointed out that this application is without merit with the possible exception as to forfeiture of good time. It may be that this Court should hold that petitioner’s allegations of forfeiture of good time are insufficient, same being rather ge...
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In this action plaintiff seeks to require defendant to deliver 6220 shares of stock of the Northern Virginia Doctors Hospital Corporation (Hospital) and to pay $15,000 for reimbursement of monies expended and attorneys fees or, alternatively, to recover money damages totaling $201,600. The Court, following the trial of the action, has ascertained the following to be the facts and has concluded as ...
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The United States of America and the United Air Lines, defendants in the above-entitled matters, are each cross-claiming against the other for indemnity or contribution.
On Friday, July 27, 1962, counsel for United Air Lines stated that they are not seeking contribution. In this connection, it will be noted that the parties agreed that the Pre-trial Conference Order would supplement the pl...
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216 F. Supp. 732 (1962)
Donald G. RHOADES, Administrator of the Estate of Warren Donald Rhoades, Deceased, Plaintiff,
v.
UNITED STATES of America and United Air Lines, Inc., a Delaware Corporation, Defendants.
Mary A. PARSONS, Special Administratrix of the Estate of Clayton Parsons, Deceased, Plaintiff,
v.
UNITED STATES of America and United Air Lines, Inc., a Delaware Corporation, Defendants.
No...
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Plaintiff, Susan Elasky, who was injured as a result of a collision between an automobile she was operating and a truck of the defendant, moves for an order finding there is no genuine issue as to any material fact on the issue of liability ; that defendant’s negligence proximately caused the collision and that the issues at the trial of the case be limited to (1) determining whether plaintiff sus...
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After the Court filed its Memorandum of Decision on April 5, 1960, and before formal Findings of Fact and Conclusions of Law were submitted to implement such memorandum, the defendants filed a motion on October 6, 1960 for leave to file an amendment to their answer to interpose an additional defense to the effect that the plaintiff, as co-surety, had relinquished property without defendants’ conse...
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By stipulation and approval of the court this trial was limited to the issues raised by the first cause of action pleaded in the libel, which is for damages sustained by libellant’s Albany dock and grain elevator facilities when they were struck by the S. S. Transunion on September 19, 1957. It was also stipulated that libellant, Cargill, Inc., is entitled to a decree against either or both of the...
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This is a tax case in which the plaintiff seeks the recovery of taxes and interest allegedly paid that were not in fact due. The government contests the ease. It grows out of cotton transactions between the plaintiff Gosho Cotton Company and the Commodity Credit Corporation acting for the United States. To fully grasp the controversy we might look back into the history of the legislation and progr...
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This action was filed in the Circuit Court of Jackson County to recover damages from personal injuries alleged to have resulted from the negligence of the defendant The Great Atlantic and Pacific Tea Company and its store manager. The petition charges that the injuries occurred on or about March 9, 1961, in the store at 11220 East 23rd Street, Independence, Missouri. It names as defendants The Gre...
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The defendant seeks an order setting aside the verdict and judgment herein in favor of the plaintiff and directing the entry of judgment in favor of the defendant, The International Harvester Company, or, in the alternative, an order granting a new trial. The contentions are that: First, the evidence is insufficient to sustain the verdict and judgment in the amount of $7,520.00. It is said that th...
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Petitioner has sought release by a petition to this Court for a writ of habeas corpus, filed on April 2, 1962, at which time he was granted leave to proceed in forma pauperis. Petitioner seeks relief from a sentence imposed by the Court of Quarter Sessions of the Peace in and for the County of Montgomery, Pennsylvania. The petition must be dismissed because of petitioner’s failure to comply with L...
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This is a motion brought by defendants pursuant to Rule 12(b) (6), Fed.R. Civ.P., 28 U.S.C.A., which purports to seek the dismissal of part of plaintiffs’ complaint for failure to state a claim upon which relief can be granted. For the reasons set forth below, the motion is denied.
Plaintiffs are the surviving husband and children of Shirley Thevenot, who was killed as a result of an automobile ac...
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Page 3100
Plaintiff, Charles Reed, a workman employed by Johns-Manville Sales Corporation, was injured when a hoist on which he stood was lowered without warning. Johns-Manville Sales Corporation then was performing work at the site of a Ford Motor Company project at Wixom, Michigan, pursuant to a contract it had executed with Long Construction Company, the general contractor.
Plaintiff brought suit against...
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This case was tried by the Court on January 29, 1962. At the outset of the trial, the Government was insisting that the Court pass on their motion to dismiss the complaint since it did not state a cause of action within the jurisdiction of this Court because the complaint was based upon the alleged failure of a Federal agency, namely, the Corps of Engineers, to perform a discretionary function or...
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The complaint prays for an injunction restraining and enjoining the defendants and each of them, and their agents, from enforcing or executing sections 4065.3 and 2056(7) of the Mississippi Code of 1942, Annotated, and such parts of section 2046.5(1) of said Code as pertains to “public parks and swimming pools” against the plaintiffs and the class of *31persons they represent, preventing them from...
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The instant application for naturalization arises under Section 316(a) of the Immigration and Naturalization Act (Title 8 U.S.C.A. § 1427). The important question posed is whether the petitioner was rendered permanently ineligible to become a citizen as a result of his executing, in August, 1953, an application for and receiving an exempt military service status of IV-C as a resident alien pursuan...
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This case is submitted upon the motion of Plaintiff, Dowell Division of Dow Chemical Company, to remand the action to the Breathitt Circuit Court, the State Court from which it was removed.
It appears from the record that in June 1961 this action was instituted by Plaintiff in the Breathitt Circuit Court against only the Defendant L. D. Ormsby and Ormsby Oil Company for recovery of $1,256.37, whic...
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This is an action asking the District Court to review a final decision of the Secretary of Health, Education and Welfare, in accordance with 205(g) of the Social Security Act (42 U.S.C.A. § 405 (g). The decision of the Secretary denied the plaintiff the period of disability and disability insurance benefits for which he applied. Plaintiff in this case has a fourth grade education. He started to...
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INTRODUCTORY
This action is now before the Court on plaintiff’s request for a preliminary injunction, which was the subject of a hearing on February 23, 1962, at which oral and documentary evidence were adduced, and defendant was granted leave to file his answer on the merits, which Was done on March 7, 1962. Defendant also filed a sworn statement dated March 1, 1962, four affidavits dated Februar...
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This action was brought by the plaintiff, a former vice-president and director of the defendant, to recover supplementary retirement benefits aggregating $10,000, due under an agreement dated April 22, 1957, which the defendant al*75legedly wrongfully terminated in March 1958.
The Court finds the facts to be as follows:
The plaintiff, a graduate engineer, was first employed by the defendant in 191...
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RULING ON
(1) MOTION OF NATIONAL CASH FOR PERMISSION TO AMEND
(2) MOTION OF ALLSTATE TO WITHDRAW
(3) MOTION OF LUMBERMENS TO DISMISS
(4) MOTION FOR SUMMARY JUDGMENT
In this action for a declaratory judgment, brought originally by Allstate Insurance Company [Allstate] and National Cash Register Company [National Cash], as parties plaintiff, against Lumbermens Mutual Casu...
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The petitioner, John Arnold Powell, escaped from the custody of the North Carolina Department of Prisons and fled to the State of Rhode Island where he was apprehended and held for extradition to North Carolina. While awaiting extradition and while confined in the Adult Correctional Institution at Cranston, Rhode Island, the petitioner filed a Petition for Writ of Habeas Corpus in the United State...
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The petitioner, James Hammond, escaped from the custody of the North Carolina Department of Prisons and fled to the State of Rhode Island where he was apprehended and held for extradition to North Carolina. While awaiting extradition and while confined in the Adult Correctional Institution at Cranston, Rhode Island, the petitioner filed a Petition for Writ of Habeas Corpus in the United States Dis...
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The plaintiff here is acting pro se and without counsel and every paper filed is inartistic and almost indecipherable, but under such circumstances it is the duty of the Court to see, in so far as possible, that no indicated rights of such party are overlooked.
1
From matters appearing herein, the following facts are shown.
Since 1955 the following statute of the State of Delawa...
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This is a proceeding for the seizure of catsup under the Federal Food, Drug, and Cosmetic Act, enacted in 1938, 21 U.S.C.A. § 301 et seq. The libel avers that the catsup is adulterated within the meaning of section 402(a) (3) of the Act, 21 U.S.C.A. § 342(a) (3), “in that it consists wholly or in part of a decomposed substance by reason of the presence therein of decomposed tomato material.” The a...
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The present case presents the question of whether there is diversity of citizenship between the parties for jurisdictional purposes. Defendants are citizens of Pennsylvania. Plaintiff claims to be a citizen of the Territory of Puerto Rico. If he is, the required diversity of citizenship exists: Detres v. Lyons Building Corp., 234 F.2d 596 (7th Cir. 1956). Diversity of citizenship having been chal...
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Plaintiff, an American citizen, on June 23, 1959 filed this suit to recover certain German Government bond coupons vested by the Alien Property Custodian, which he claims he owns. (Trading with the Enemy Act, as amended, 50 U.S.C.A. Appendix § 1 et seq.) Jurisdiction is predicated under Section 9(a) of the Act. Defendants by answer have denied the alleged non-enemy status of plaintiff and his owne...
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More than ten years after relator had been sentenced to life imprisonment on his plea of guilty of murder, the Supreme Court of Pennsylvania, on his petition for a writ of habeas corpus, set the sentence aside with direction to the Court below, the Court of Oyer and Terminer of Wayne County, to impose a proper and legal sentence. The sentence had been rendered on June 20, 1949. It was set aside by...
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This is an action under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. Plaintiff seeks to establish a period of disability under 42 U.S.C.A. § 416 (i) and a right to disability insurance benefits under 42 U.S.C.A. § 423. The final decision of the Secretary was that plaintiff had failed to carry her burden of proof in e...
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In this diversity action the defendant, Chesapeake and Ohio Railway Company (hereinafter referred to as C & 0) has filed a motion'to dismiss the complaint and for summary judgment in its favor. It assigns three reasons:
1. This Court lacks jurisdiction over the C & 0.
2. This Court lacks venue under 28 U.S.C.A. § 1391 because plaintiff, Joseph Norman Fannin, is admittedly a citizen of Kentucky and...
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Petitioner was arrested on July 21, 1958, on a complaint of a special agent of the Federal Bureau of Investigation, charged with violating 18 U.S.C.A. § 661, in that he did allegedly burglarize a safe located on the Base Exchange of the United States Coast Guard, Norfolk, Virginia. He was accorded an immediate hearing before the Commissioner and committed to jail in default of his ability to post ...
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This is a class action filed by the named plaintiffs, seventeen (17) Negro citizens of the United States! and residents of the City of Tampa, Florida, on behalf of themselves and other Negroes similarly situated, seeking a declaration of their right to use and enjoy, without regard to any discrimination based on race, the playgrounds, public parks and recreational facilities owned and operated by ...
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It is perhaps as true of this case, as it was of litigation in the time of Lord Coke and of Justice Holmes, that protracted cases result by reason of the magnitude of the economic interests at stake, rather than the intricacy of the legal issues involved. In Coke’s words, “to say the Truth, many questions are raised rather out of the weight of the Matter, than the Difficulty of the Case: For I ...
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This is an action for personal injuries brought by a citizen of Massachusetts against a Liberian corporation. Plaintiff’s action was commenced by writ dated September 27, 1960, returnable in Suffolk Superior Court, Commonwealth of Massachusetts, November 7, 1960. The ad damnum in the writ was $9900.00. The action was duly entered and thereafter the defendant duly undertook its defense. On Aug...
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The defendant Sobell moves for the sixth time under section 2255 of Title 28 U.S.C. to set aside his conviction and the sentence imposed thereon in 1951 for conspiring, during the years 1944 to *2261950, to violate the Espionage Act.1 He also moves in the alternative, for a correction of the sentence under Federal Criminal Rule 35. In one form or another, this case has had the attention of the jud...
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This is a civil action in the nature of a bill in equity in which plaintiff, Willie C. Harris, Jr., a Staff Sergeant in the United States Air Force stationed at Otis Air Force Base, Massachusetts, seeks injunctive relief and money damages against both the United States and the individual defendant, Colonel Ernest J. White, Commanding Officer of Otis Air Force Base.
Specifically, plaintiff seeks (1...
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The original complaint of plaintiff was filed in the Sevier Circuit Court on August 30,1961. In due time the cause was removed to this court, and the original answer was filed October 4, 1961. A demand for a jury trial was filed by plaintiff October 7, 1961.
Soon after the original complaint was filed the attorney representing the plaintiff withdrew, and the present attorneys were selected by the ...
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This is a civil action brought to recover for property damage to Plaintiffs’ airplane suffered when it ran into broken *258asphalt and a ditch at Douglas Airport in Charlotte, North Carolina.
The case was tried to the Court without a jury, and after hearing the evidence and visiting the scene, and after hearing arguments of counsel and considering their briefs, the Court finds the facts to be as f...
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This petition for a writ of habeas corpus has been filed by Francis Henry Bloeth, who is presently confined in a New York State prison awaiting execution under a sentence of death pronounced against him in the County Court of Suffolk County, State of New York, after a jury verdict of guilty of murder in the first degree. Relator was convicted on May 14, 1960 and this conviction was unanimously aff...
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Thomas D. Goss, a citizen of the United States, during 1955 appeared regularly five nights a week on a late evening television broadcast from a Chicago station entitled the “Tom Duggan Show”. It was a form of conversation-commentary program. It dealt heavily in criticisms and sarcasms, and often included unrestrained attacks on public officials and other people involved in current news stories....
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Count One of the indictment charges all six defendants with conspiracy to violate Title 18, United States Code § 1084. Counts Two and Three of the indictment charge all of the defendants, as principals and accessories, with the substantive offenses of violating said § 1084 on December 4, 1961, and December 6, 1961, respectively. All defendants have moved to dismiss the indictment with respect t...
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Claimant moves for summary judgment on the issues tendered by so much of the libel of information (21 U.S.C.A. § 334 (a)) as alleges that claimant’s CDC capsules were “misbranded” (21 U.S.C.A. § 352(a)) in that their “labelling” — which is alleged to include, as “printed or graphic matter” “accompanying” the article, Taller’s book “Calories Don’t Count” (21 U.S.C.A. § 321 (m) (2)) — represents and...
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Claimant moves for summary judgment on the ground that the libel charges that the misbranding of claimant’s safflower oil and vitamin B-6 capsules consisted in representing that the product itself was efficacious as a weight reducing agent whereas, claimant contends, as a matter of indisputable fact the capsule was la-belled only as a supplement for use with the CDC Weight Control Program. It has ...
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These two cases which were consolidated for trial by consent of all parties, stem from a collision of a 1955 Buick *286automobile owned and operated by plaintiff, Mrs. Porter, and in which the plaintiff Mrs. Catron was riding as a guest passenger, and a 1956 Ford dump truck owned by the defendant Philyaw and operated by the defendant Crews. And resulting from said collision both plaintiffs were se...
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The plaintiff, Pocket Books, Inc., seeks damages and injunctive relief against the defendant-police officials. The claims
*298
for relief are based on the alleged unlawful suppression of the distribution and sale of a book published by the plaintiff and distributed for sale in the cities of Bridgeport and Waterbury. The allegations of the complaint are broad enough to encompass at ...
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The plaintiff, Robert M. Boyce, has been in the insurance business since 1914. He is 67 years old and is practically stone deaf. About May 1,1941 the plaintiff and the defendant entered into a written agreement whereby the plaintiff was appointed state agent for the defendant. After reciting that the plaintiff was defendant’s “State Agent”, the agreement set out the territory over which Boyce h...
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This is a suit for tortious inducement of breach of contract arising out of the same transaction complained of in Civil No. 8490, Boyce v. Merchants Fire Insurance Co., D.C., 204 F.Supp. 311. The facts are as follows: Between July 16, 1958 and December 31, 1958 American Liberty purchased over 99% of the outstanding stock of Merchants. As a result of a stock dividend and subsequent purchases by Ame...
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This is a libel brought under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq., for the condemnation of 46 cases, more or less, each containing 24 packages of “Welch’s Nut Caramels”. It was originally filed in the District Court for the Northern District of Illinois and was removed to this District for trial by stipulation of the parties under the provisions of 21 U.S.C.A. § 334...
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This is a prosecution under section 1403 of Title 18, enacted by Congress in 1956.
The one count indictment charged defendant with “unlawfully, wilfully and knowingly [using] a communication facility, to wit, a telephone, in attempting to commit an act constituting an offense, the penalty for which is provided in Title 21, United States Code, section 174.” The case was tried to the Court u...
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In the above three cases, the Defendant has filed a motion to dismiss because of improper venue. The facts involved are all the same. The Defendant is the same, and the identical motion by the Defendant is made in each case. These three suits have arisen out of an accident that happened on the 30th day of January, 1962, when an automobile occupied by some soldiers had a collision with a bus b...
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Plaintiff, a citizen of Florida, instituted suit against the defendant, a Delaware corporation, having a principal place of business in Greenwich, Connecticut, and in New York City, New York. Plaintiff’s husband was murdered in the course of his employment as a cab driver. In one of its publications, “Startling Detective”, the defendant published a story using the widow’s picture without her co...
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This is a diversity action by the purchaser against.the supplier of laundry machinery claimed to be defective. Defendant has . moved ■ to dismiss on the .-ground that the $10,000 jurisdictional amount is lacking. Plaintiff has countered with a motion to amend the complaint by adding additional claims. The bulk of plaintiff’s claims in the original complaint, aggregating $30,-000, is for the loss o...
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The plaintiff filed his complaint herein against two corporate and one individual defendants. The first claim charges a violation of the Anti-Trust laws. Jurisdiction of the subject matter may be found in Title 15 U.S.C.A. § 15. The second through ninth claims arise out of an agreement entered into between the plaintiff on the one hand and the defendant, United States Trunk Company, Inc. on Februa...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision denied plaintiff’s claim for the establishment of a period of disability in connection with the wage record of her deceased husband, John N. Davidson, and the jurisdiction of this court is limited to a determination of whether the deci...
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In this diversity action the jury returned a verdict in favor of the defendants. Plaintiff moved for a new trial assigning the following grounds:1 “1. The verdict was against the weight of the evidence. “2. The verdict was contrary to law. “3. The Court erred in failing to instruct the jury as to the Code of Federal Regulations insofar as it limited defendants’ truck driver to an aggregate of ten ...
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AND NOW, April 12, 1962, after consideration of the foregoing Motion, the briefs of counsel (Documents Nos. 55, 56 and 57), and the record, IT IS ORDERED that plaintiff’s Motion For Summary Judgment (Document No. 42) is DENIED. This Motion has been previously discussed in a Memorandum filed January 23, 1962, 204 F.Supp. 385 (Document No. 59). It has been determined by Order filed this day, 204 F.S...
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Defendant Schwebel moves to dismiss two indictments against him, 61 Cr. 132 and 61 Cr. 133, on the ground that improper outside influences were brought to bear on the Grand Jury which returned them. Indictment 61 Cr. 132 is in one count and charges Schwebel and a co-defendant Greenberg, who is not before the court, under 18 U.S.C. § 371 with conspiring to violate provisions of the Securities Ac...
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These 55 cases,
1
involving fatal and, as to three plaintiffs, non-fatal injuries suffered when an Electra airplane manufactured by Lockheed, having engines made by General Motors, and owned and operated by Eastern, crashed approximately one minute after take-off in Boston Harbor on October 4, 1960, are before the court on Motions to Transfer under 28 U.S.C.A. § 1404(a). There are 11...
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In these actions for damages (amounting to some $13,000,000) resulting from the inundations of December, 1955, in the Marysville-Yuba City area, the United States has asserted several affirmative defenses (See: Huffmaster v. United States, D.C., 186 F.Supp. 120).
1
Jurisdiction is asserted under the Federal Tort Claims Act (Title 28 U.S.C. §§ 1346 and 2671 et seq.). The asserted caus...
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On May 12, 1960, plaintiff was a passenger on an aircraft owned and operated by defendant Delta Airlines, Inc. and manufactured by defendant Douglas Aircraft Company, Inc. As the aircraft approached Miami, Florida it encountered turbulence. Plaintiff’s seat belt was fastened but because of an alleged defect in the seat or the belt, he was thrown out of his seat causing the injuries which are the s...
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The plaintiff herein filed an application with the Department of Health, Education & Welfare on September 22, 1959 for the establishment of a period of disability and for disability benefits under § 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g)). The application was denied and after the usual administrative procedure below the denial became final.
The Secretary’s position on ...
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This case is before the court upon defendant’s motion for summary judgment in its favor dismissing the action on the ground that there is no genuine issue as to any material fact, and that the defendant is entitled to a judgment as a matter of law.
The plaintiffs filed their complaint on January 18, 1962, which was amended on February 7, 1962, in which they alleged that on or about April 7, 1961, ...
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This is a criminal action wherein the defendant is charged under a bill of indictment with having wilfully refused to be inducted into the Armed Forces of the United States when so ordered by the Commanding Officer of the Armed Forces Induction Center, in violation of 50 U.S.C.A.Appendix, § 462. By execution of written waiver of jury trial by the defendant, the case under the defendant’s plea of n...
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This is a motion under Rule 12(b) (1), F.R.Civ.P., 28 U.S.C.A., to dismiss the action because of the alleged lack of jurisdiction in the Court of the subject matter of the action.
The action generally seeks to prevent the consummation of a commitment for the insurance of a mortgage by the Federal Housing Administration and covering an apartment house proposed to be erected at 2401 Pennsylvania Ave...
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The plaintiff, the United States of America, moves that the court enter a preliminary judgment of condemnation establishing just compensation for the taking of a Portion of Newington Road (Route 151) at $330,000, confirming the jury verdict returned on February 7, 1961, and also moves that the court order the United States of America to pay the amount of the verdict without interest into the Regis...
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Another facet of this case is now before the Court for adjudication, namely, the defendants’ motion to dissolve the injunction entered herein on the 31st day of July, 1956, 144 F.Supp. 239, upon the grounds hereinafter discussed. Proper consideration requires a brief review of the events leading up to the institution of this suit and the numerous proceedings had subsequent thereto. Prior to M...
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Defendant, Edmond Figueroa, has moved for a bill of particulars pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. and for an order pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure suppressing certain evidence allegedly seized as a result of an unlawful search and seizure. The facts are briefly as follows: In February 1961 undercover Agent Mangiaracina o...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. Plaintiff seeks to establish a period of disability under 42 U.S.C.A. § 416(i) and a right to disability insurance benefits under 42 U.S.C.A. § 423. The final decision of the Secretary was that plaintiff was not entitled to the establishment of a pe...
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This is a libel in rem to recover statutory penalties under §§13 and 16 of the Rivers and Harbors Act (33 U.S.C.A. §§ 407, 411 and 412) for the unlawful discharge of refuse in navigable waters, tried before this Court, without a jury. From the pleadings, answers to interrogatories, and admission of liability by respondent, the Court makes the following FINDINGS OF FACT 1. The respondent, S.S....
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On July 29, 1959, plaintiff filed applications with the Bureau of Old Age and Survivors Insurance of the Social Security Administration, Department of Health, Education and Welfare, to establish a period of disability under § 216 (i) of the Social Security Act, 42 U.S. C.A. § 416(i), and for payment of disability insurance benefits under § 223(a), 42 U.S.C.A. § 423(a). The basis for the applicatio...
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This action arises out of the denial by the Secretary of disability benefits provided by Section 223 of the Social Security Act as amended (42 U.S.C.A. § 423) and the establishment of a “period of disability” under Section 216 (i) of the Act (42 U.S.C.A. § 416(i)). Both parties have moved for summary judgment and the case stands submitted. The plaintiff, Roy E. Sykes, has been a coal miner through...
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This action was tried before the Court, without a jury. Exercising its power of eminent domain, commonly termed condemnation, the petitioner, the Government, has taken title to a number of parcels of real property. The contestants, the owners have presented proof and the Court’s function is to determine and fix the market value of the parcels at or about the time of the taking, based upon the e...
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Defendant has moved to dismiss and to quash service of the summons. The complaint avers that plaintiffs are citizens and residents of Pennsylvania and that “defendant is a corporation existing by virtue of the laws of the State of Maryland wherein it has its principal place of business and is or has been engaged in business in the Eastern District of Pennsylvania.” Defendant’s motion avers that “a...
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It is settled by a series of decisions that a man owes a moral obligation to support his natural children. In re Perdiak, 162 F.Supp. 76 (D.C.S.D.Cal. 1958); In re Mogus, 73 F.Supp. 150, (D.C.W.D.Pa.1947); In re Nosen, 49 F.2d 817 (D.C.D.Wash.1931). Those cases also hold that willful failure to give that support shows the individual not to be of such good moral character as to entitle him to citi...
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In this suit the plaintiff, Texas Tunneling Company, seeks to recover damages it claims to have sustained as a result of alleged misrepresentations upon the part of the defendants. More specifically, the plaintiff contends it was caused to sustain heavy losses in digging a tunnel at Chattanooga, Tennessee by the defendants having wrongfully omitted, withheld and misrepresented geological inform...
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These cases involve land condemnation suits brought by the Tennessee Valley Authority, hereinafter referred to as the TVA, to acquire easements for a power line. The motion now under consideration was filed in Case No. 574. However, the identical issue is involved in Case No. 576 and the parties have agreed that the Court should consider the cases as having identical motions filed, with the rulin...
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Petitioner, a prisoner in the Connecticut State Prison at Wethersfield, has submitted a petition (his second in this Court) for a writ of habeas corpus pursuant to 28 U.S.C. § 2242, together with motions for leave to proceed in forma pauperis and for appointment of counsel. Petitioner at an earlier date, while a prisoner in the Federal Correctional Institution at Danbury, petitioned this Court to ...
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On August 11, 1955, after a trial lasting twelve court days, the petitioner was convicted on all counts of a 3-count indictment charging him and others with conspiracy to rob and the armed robbery of a branch of the Bank of the Manhattan Company, in Queens County, New York, in violation of Sections 371, 2113(a) and 2113(d) of Title 18 United States Code. He was sentenced to imprisonment for 5, 20 ...
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Upon the conclusion of the hearing on the defendants’ motion to suppress evidence, the Court denied that part which related to a paper bag and its contents found alongside of the car in which the defendants were seated immediately prior to their arrest in front of the hotel where the defendant Gregory resided. Decision was reserved on the motion of Gregory, insofar as it related to the subseque...
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This is an action under § 205(g) of the Social Security Act (the Act), as amended, 42 U.S.C.A. § 405(g), to review a “final decision” of the Secretary of Health, Education and Welfare. The “final decision” of the Secretary in this case consists of a decision rendered on June 1, 1960 by a hearing examiner in the Office of Hearings and Appeals, which decision became the final decision of the Secreta...
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In this case petitioner, Burr S. Cameron, filed a petition for writ of error coram nobis to set aside a judgment of conviction on the ground that he had been deprived of his constitutional right to counsel. On February 18, 1936, upon his plea of guilty to an indictment charging conspiracy to devise a mail fraud scheme a judgment of conviction was entered against petitioner in the United States Dis...
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The Government’s consent to a severance of the indictment as to the defendants Erdman and Moore dissolves most of the problems stressed in support of the renewed motions for separate trials made by the defendants Kahaner and Keogh. The Government states that it is ready to proceed to trial against the three remaining defendants, Kahaner, Keogh and Corallo. Keogh, however, presses for an individua...
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This is an action for breach of contract for the sale of goods in which jurisdiction rests on diversity of citizenship. The plaintiff moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment on the issue of liability and for an assessment of damages.
The plaintiff is engaged in the business of buying, selling and converting waste material from cotton mi...
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In this death action, the deceased was operating his motor vehicle on a state highway and was proceeding through a tunnel when a large boulder came down upon his car bringing about his death. Defendant Fayette County moves the Court for summary judgment upon the thesis that the situs of the accident was a state highway and that the County of Fayette is not responsible as a matter of *928law for th...
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On May 19, 1962, the Judge of this court received a communication from the defendant in which he stated that he desired to file, under Title 18(28) U.S. C. § 2255, as forma pauperis a petition for writ of habeas corpus, upon the following grounds: “(1) On or about 19th day of March 1962 petitioner was unjustly confined by a member of the staff in this institution. “(2) On the 7th, 9th, 13th day of...
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Petitioner Legate in 1959 became a limited partner in the defendant firm now in receivership, turning over to the firm $80,000 in cash and securities. In his proof of claim and petition Legate alleges that he was induced to become a limited partner by the misrepresentations of Hornsey, the principal general partner of the firm. He further alleges that the New York Stock Exchange, both before an...
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This is an action by the wife of a serviceman to recover Class Q dependency allotments denied her while a Wyoming divorce decree, later held null and void, was outstanding. The Government has moved to dismiss the complaint pursuant to Rules 12(b) (1) and 12(b) (6), Fed.R. Civ.P., 28 U.S.C., on the dual grounds that (1) 28 U.S.C. § 1346(d) (2) deprives this court of jurisdiction over the subject ma...
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CHARGE TO THE JURY
A.
Introduction
1. You have before you two indictments. (1) 59-106-M charges a
conspiracy
in violation of 18 U.S.C. § 371. (2) 59-107-M charges 72
substantive
offenses in violation of 18 U.S.C. § 1341. Of these 72 the Government moved to dismiss as against the 5 defendants now at bar, those referred to in Counts 1, 24, and 27. And this ...
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This is the petition of Richard Paul Pavlick for a writ of habeas corpus in which petitioner seeks his release from detention at the Medical Center for Federal Prisoners, Springfield, Missouri. An order to show cause why the writ should not issue was made and served upon the respondent warden. In response to the order to show cause, respondent stated that his custody of the petitioner was law...
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Libelant has filed a libel in rem against the French Steamship Rocroi in this court, and he now moves this court to transfer the action “to the United States District Court for the District of Minnesota, Fifth District”. Libelant contends that the facts justify such a transfer under Title 28 U.S.C.A. § 1404(a). Section 1404(a) provides that: “For the convenience of parties and witnesses, in the in...
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On April 27,1961 a seven-count indictment was returned against John Men-tesana, Charles Blaustein and Seymour Gersh, charging, inter alia, that on or about April 11th and April 12th, 1961 each of said defendants did “knowingly pass, utter and publish falsely made, forged and counterfeited obligations of the United States,” to wit, United States Treasury Bearer Coupons in the aggregate amount of $1...
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Plaintiff, William A. Moore, was driving his automobile on the Schuylkill Expressway on September 22, 1957, with one Olga A. Natoli as his passenger when his vehicle collided with a truck owned by defendant Deal and operated by Deal’s agent, servant or employee, defendant Lucas.
Olga A. Natoli brought an action against Deal in this court (Civil Action No. 24142, Natoli v. Deal, 196 F.Supp. 927) to...
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This is an action brought by the Government to take property under the power of eminent domain. The complaint filed on September 26, 1961, alleges that the action was instituted at the request of the Commissioner, Public Building Service, General Services Administration, to take a leasehold estate in or the right to use and occupy the property described therein for public use, namely, office space...
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In this condemnation proceeding a motion is made by the Government to dispense with the taking of an oral deposition of such officers or agents of the Government “as may have knowledge of the value of the property” involved herein. The notice also calls for the production of appraisal reports and documents relating to value in the Government’s possession. Both sides raise the question as to whethe...
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These are motions made by four of five defendants who are charged with conspiracy to obstruct the due administration of justice.
The single count indictment alleges that the five defendants conspired together with others, named as coconspira-tors but not as defendants, corruptly to influence and endeavor to influence, obstruct and impede the due administration of justice in the United Stat...
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The various motions made by the defendants John Verra and Anthony Verra are disposed of as follows:
I. MOTION FOR AN ORDER PURSUANT TO RULE 7(d) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, 18 U.S.C.A., STRIKING PARAGRAPHS 3H, 31, 3J AND 3K FROM THE FIRST COUNT OF THE INDICTMENT
The first count of the indictment charges the movants, John Verra and Anthony Verra, and others with conspir...
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This case is before the court on defendant’s Motion For New Trial after a guilty verdict by the jury on these three Counts:
A. Count I charged him with conspiring, in violation of 18 U.S.C.A. § 371, with a 15-year old juvenile (Rivers) and *101others to Grand Jury unknown to violate 18 U.S.C.A. §§ 472 and 473 by transferring to Rivers counterfeited $20.00 notes with intent that they be passed as t...
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This case is before the Court on a motion for judgment, or, in the alternate, for a new trial. The case arises out of injuries which the plaintiff received upon August 7, 1958 in the course of his employment with the defendant. The suit was brought under the Federal Employer’s Liability Act, 45 U.S.C.A., § 51 et seq. It was alleged that the plaintiff, while employed as an engine carpenter, and whi...
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In its Amended Counterclaim, defendant alleges that plaintiff maliciously and without justification caused to be published certain false words and maliciously and without justification published and circularized letters containing certain other false words which “did libel and disparage the title of defendant” to certain real property in Waikiki, Honolulu, Hawaii, owned by defendant; that plainti...
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Defendant made a motion for correction of a sentence entered by this Court in this cause on the 21st day of November, 1958. It appearing from the record that the complained of sentence was subsequent to but did not substantially alter the sentence of this Court on the 13th day of November, 1958 in that the complained of sentence additionally designated only that service of sentence was “to begin w...
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Page 3188
On August 12, 1960, after full hearing and consideration, this Court entered an order in this proceeding directing that the defendant School District begin a program of desegregation with the September, 1960 school term, at which time the first grade would be desegregated, with an additional grade to be desegregated each year thereafter. On appeal to the Court of Appeals for this Cix-cuit, Houston...
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This is an action by a carrier to collect charges for carriage of goods in interstate commerce, in which plaintiff moves for summary judgment. Defendant in its answer and in answers to interrogatories admits that the goods were received from a shipper by the carrier to be carried on a collect bill of lading; that defendant under an agreement with the shipper had assumed responsibility for payment ...
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Plaintiff seeks declaratory and injunc-tive relief alleging deprivation of federal constitutional rights. The prayer seeks to restrain the Georgia State Democratic Party and the Chairman and Secretary of the Georgia State Democratic Executive Committee in their representative capacities, and their successors in office, from conducting elections under the County Unit System; from tabulating and co...
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Plaintiff brought this action seeking a judgment declaring the respective rights and liabilities of plaintiff and defendant, Lloyd Wypinger, under plaintiff’s policy insuring Wypinger against any liability *175arising “out of the ownership, maintenance or use of” certain described premises as a furniture store. On December 21, 1961, the Court entered judgment in favor of plaintiff based on its fin...
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This is an action for damages based upon the alleged abuse and illegal exercise of orderly and legal procedures by the defendant to enforce claims and rights which arose as a result of business relations between the parties.
Upon jury trial verdict was returned in favor of the plaintiff in the amount of $50,000.00 as actual damages and $5,-000.00 as punitive damages.
The matters before the Court a...
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Findings of Fact These two cases were consolidated for hearing on motions to suppress filed by each defendant, and since the cases are so closely linked together, they will be jointly considered and disposed of in this Memorandum-Decision. The evidence discloses that on May 16, 1961, State Beverage Agent B. J. Harris received information from a confidential and reliable source that on the night ...
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Separate criminal informations were filed against Patsie Comb on March 6, 1961, and Jimmy Dale Gladding on August 4, 1961, charging them with violation of 16 U.S.C.A. § 704 and the regulations promulgated thereunder pertaining to the hunting and killing of migratory birds. The defendants pleaded not guilty; waived a jury trial; and by consent of the parties the cases were consolidated and tried to...
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This case is before me upon motion of the defendants W. R. Sikes, Sr. and W. R. Sikes, Jr. for a new trial on the ground that “one of the defendants is a minor, and that no Guardian ad Litem was appointed to represent the interest of said minor in accordance with Rule 17(e) of the Rules of Civil Procedure for United States District Courts”.
The motion for a new trial is made by William H. Duncan, ...
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In this action brought under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g), for judicial review of a final decision of the Secretary of Health, Education, and Welfare, both plaintiffs and the defendant have moved for summary judgment upon the administrative record, the pleadings, and the briefs submitted to the Court. The statute authorizes the Court upon the review to enter a j...
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These actions were brought by plaintiff, United States of America against defendants to recover for conversion of hogs and corn purchased by defendants which at the time were included in a chattel mortgage held by the Farmers Home Administration. These actions were consolidated for trial and tried to the court without a jury. Additional time was granted to the parties in which to file supplemental...
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The plaintiff United States of America moves for summary judgment against defendants Jesse Kahan and Empire Mutual Insurance Co. Pursuant to General Rule 9(g) of this court the movant has annexed to its notice of motion a statement of the material facts as to which it contends there exists no genuine issue to be tried. The defendants do not annex to their opposing papers any statement pursuant to ...
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This is a proceeding relating to a Petition for Naturalization filed by Frank Joseph Quintana. The Immigration and Naturalization Service recommended approval of the petition. From the report of the Designated Examiner of the Immigration and Naturalization Service, it appears that the petitioner is a native and national of Cuba. He is 66 years of age and has continuously resided in the United Stat...
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This case is before the court for á ruling on a motion to dismiss, filed by the defendant, The Texas Company. The sole question raised by this motion is whether or not Southern Maryland
*450
Oil Company, Inc.’s action is barred by limitations.
The facts — as, for the time being, we must take them — are set forth in a two count complaint as follows: On or about November 28, 195...
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This is an action under § 8a(6) of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C.A. § 608a (6), to enforce an order of the Secretary of Agriculture issued under the act. The complaint asks injunctive relief to compel defendant to comply with requirements of the act as to reports and payments to the producer-settlement fund and to restrain defendant from handling milk in vio...
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This action was brought in this Court by the plaintiff, Great American Insurance Company of New York (hereinafter referred to as Great American), pursuant to Section 2201 of Title 28 United States Code. The prayer of the complaint is for a judgment declaring that plaintiff is no longer obligated to defend an action brought in Jefferson Circuit Court and that it has no liability to pay any judgment...
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The petitioner seeks a writ of habeas corpus commanding his release from custody by the respondent, pursuant to the judgment of sentence dated April 27, 1954, later referred to. On January 21, 1954, petitioner was convicted of the crime of rape upon a girl of the age of 14 years, and on that date the Circuit Court of the State of Oregon for Deschutes County sentenced the petitioner to serve not to...
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This is an action based on an alleged breach by defendant of a written contract under which plaintiff was to manufacture certain clock mechanisms to be purchased
*540
by defendant. Service was made on the Massachusetts commissioner of corporations under the provisions of Mass.G.L. Ch. 181 § 3A. Defendant moves to dismiss the complaint or in lieu thereof to quash the return of servi...
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American Motorists Insurance Company moves, pursuant to Rule 24(a) and (b), Fed.R.Civ.P., 28 U.S.C.A., for leave to intervene as a plaintiff herein.
The action was brought by the administrator of the estate of Einar A. Petterson under the Connecticut wrongful death statute, Conn.Gen.Stat. § 52-555 (1958), to recover damages for the wrongful death of plaintiff’s decedent alleged to have been caused...
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Ora Byrd (Frisbee) brings this action as the surviving widow of Carl Byrd for her said decedent’s alleged wrongful death by drowning on Chickamauga Lake on December 23, 1957. The tragic accident occurred at about 5:00 o’clock, p. m., in the vicinity of Harrison Bay Boat Dock in Hamilton County, Tennessee, allegedly resulting proximately from the negligent operation of a boat by the respondent, C. ...
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On March 2, 1962, this Court issued an order in which we held that in view of the allegations in- the petition filed by Harold Kimble that a hearing to determine the validity of his allegations was in order. Such a hearing was held on April 3, 1962. At that hearing this Court directed that Harry Tabb, and Detectives Van Leer and Butzder be produced in order that their testimony might be taken. At ...
Views: 0
Page 3208
On December 22, 1961 plaintiff John Zuck commenced two actions in this court, each based upon diversity of citizenship. One, entitled John Zuck v. Interstate Publishing Corp. (61 Civ. 4572), claims that Interstate published and distributed a magazine known as “Movie World”; that in the March, 1961 issue there was an article, written by Edward Purcell, entitled “Is Sandra’s Father Terrorizing Her ?...
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Petitioner, a prisoner in the Connecticut State Prison at Wethersfield, has filed his sixth petition in this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2242, together with a motion for leave to proceed in forma pauperis and a motion for appointment of counsel. Proceedings on previous petitions for writs of habeas corpus and related applications by petitioner, as well as proceedings ...
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Plaintiffs, a resident partnership engaged in the stock brokerage business under the name Sade & Co., commenced this action against defendant National Surety Corporation, a registered foreign corporation doing business in the District of Columbia, to recover from defendant the sum of $18,476.69, claimed due under a surety bond underwritten by defendant to secure plaintiffs against certain losse...
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Pursuant to opinion filed in this cause on January 15, 1962, D.C., 201 F.Supp. 620, and order entered thereon on January 24, 1962, the defendant School Board filed herein on February 24, 1962 a plan for the desegregation of the Lynchburg schools in accordance with the order aforesaid. The plaintiffs filed objections to the plan and the court heard evidence in support thereof and argument of the p...
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This is an action for the recovery of damages for personal injuries sustained by the plaintiff on January 14,1959 when a train operated and controlled by the defendant, on which he was traveling from Fort Lauderdale, Florida, to New York City, was derailed near Poyner, Florida. Counsel stipulated that the issue of liability be tried first, to the Court alone, and, if decided favorably to the plain...
Views: 0
This action was brought to review a decision of a Hearing Examiner of the Department of Health, Education and Welfare holding that the plaintiff, Charlie C. Lane, was not entitled to the establishment of a period of disability under § 216 (i) of the Social Security Act, as amended (42 U.S.C.A. § 416(i)), nor to disability insurance benefits under § 223 of said Act (42 U.S.C.A. § 423). The Appeals ...
Views: 0
This is an action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g) to review a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for a period of disability and for monthly disability insurance benefits. Each of the parties has filed a motion for summary judgment and, in addition, plaintiff has filed a motion to remand, alle...
Views: 1
Page 3215
Plaintiff alleges here that he is a former employee of the Internal Revenue Service as a Revenue Agent; that, following his dismissal from the Service by defendant, the District Director in New Orleans, Louisiana, plaintiff appealed that decision to the Director of the Eighth United States Civil Service in Dallas, Texas, and, after unfavorable results there, again appealed to the Board of Appeals ...
Views: 0
The Attorney General of Maryland, representing respondent, seeks dismissal of this petition for a writ of habeas corpus on the ground that the petition is premature in that petitioner has not exhausted his State remedies, particularly those under the Uniform Post Conviction Procedure Act (UPCPA), Md.Code, Art. 27, sec. 645A-645J. On the other hand, counsel for petitioner argues that the Maryland ...
Views: 0
Petitioner, Ralph Trent Sorenson, a Registrant in the Selective Service System, seeks an injunction to restrain defendants from enforcing a certain Order to Report for Induction into the Armed *787Forces of the United States. The registrant, Sorenson, claims that the order is invalid on the ground that his local board refused to consider his Conscientious Objector claim and failed to grant him the...
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On January 21,1961, a privately owned motor vehicle in which plaintiff was a passenger collided with an Army ambulance being operated in line of duty at an intersection on the military reservation at Fort Bragg, North Carolina. As a result of this collision, this action was instituted by the plaintiff under the provisions of the Federal Tort Claims Act against the United States of America and J...
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The plaintiffs are five Negro citizens of the City of Albany, County of Dough-erty, State of Georgia, and are qualified voters of said city and said county. They bring this action on their own behalf and on behalf of all other Negroes similarly situated with respect to the matters here involved. The suit is against the Ordinary of said county, the Chairman and Members of the Democratic Executive ...
Views: 1
These are three consolidated non-jury actions based upon claims for personal injuries arising out of an automobile collision.
The undisputed facts establish a collision which occurred between vehicles proceeding from opposite directions on a three-lane highway. Plaintiff, Otha Simons, Jr., was the operator of one vehicle which carried as guest passengers and plaintiffs in this proceeding, Betty Da...
Views: 0
This is a motion by a defendant in a criminal case for the privilege of examining, inspecting and copying a transcript of the testimony that he himself gave in this matter before the grand jury.
This defendant is a Government official who is under indictment on charges of receiving improper compensation from third persons in connection with the performance of his official duties. While thi...
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Plaintiff was injured in an automobile accident which occurred in the City of Klamath Falls, Oregon on August 17, 1957. Subsequently, he recovered a judgment for the sum of $25,015.22 against one Carl Clifford Dahlgren, Jr., the owner and operator of the other vehicle involved in the accident. Dahlgren’s *895personal insurance carrier paid on said judgment the sum of $10,131.58, the limit of its l...
Views: 0
The plaintiff, now deceased, brought this action under the Federal Tort Claims Act, Section 1346(b) of Title 28 United States Code, for damages sustained by her as a result of an accident which occurred on December 23, 1959 at a post office known as the Pratt Station, located at 520 Myrtle Avenue in the Borough of Brooklyn, City and State of New York. She died on February 22, 1961, not as a result...
Views: 1
Page 3225
This ease was originally filed in the 79th Judicial District Court of the State of Texas, and was subsequently removed by the Defendant Producing Properties, Inc., to this Court.
On November 1, 1958, the Plaintiffs, Coastal States Gas Producing Company and Southern Coast Corporation (the former a Delaware corporation qualified to transact business in the State of Texas, with its office and princip...
Views: 1
Plaintiff brings an action under § 205 (g) of the Social Security Act, as amended (42 U.S.C. § 405(g)) for review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for a period of disability. The defendant moves, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, for judgment on the pleadings in accordance with § 205(g). The sole questi...
Views: 0
Glen A. Turner has filed a Third Party Complaint against C.I.T. Corporation which has filed a motion to dismiss said complaint for failure to state a claim against it upon which relief may be *838granted. The third party claim in the main is based upon collateral agreements of C.I.T. marked Exhibits F-N, inclusive. Effectually, C.I.T. Corporation agreed to hold Turner harmless against loss on anot...
Views: 0
At the trial of these consolidated cases, the court directed verdicts in favor of both plaintiffs and against both defendants, and the jury returned verdicts in the amount of $5,950.00 for Vernon Leek and $8,800.00 for Clyde Brown.
The defendant, The Baltimore & Ohio Railroad Company, has moved for judgment notwithstanding the verdicts, in accordance with its motion for directed verdicts, ...
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This is an action seeking review of a final order of deportation entered by the Immigration and Naturalization Service. The complaint also prayed for a temporary restraining order against the threatened deportation. Hearings have previously been held both on the motion for temporary restraining order, which was granted, and on the merits. The hearings on the merits, however, have not been complete...
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This is an action for injuries allegedly caused by the concurrent negligence of defendants. The liability of defendant, Union Pacific Railroad, is predicated on the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60. Liability of the other defendant, Sealright Oswego Falls, hereinafter called Seal-right, is based on common law negligence. The ease, filed originally in the state court, was remo...
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This action filed in this Court (The United States District Court for the Eastern District of Pennsylvania) on June 26, 1961 is for damages on account of injuries alleged to have been sustained by Ida G. Kramer, wife-plaintiff, between June 29, 1959 and July 20, 1959 from the use of a medical product known as “IMFERON” manufactured by defendant and administered to the wife-plaintiff by a doctor...
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Claimant, United States of America, has moved this court (a) to suppress the deposition de bene esse of Henry T. Me-*626Fadden, taken on behalf of petitioner on November 10, 1961, on the ground that petitioner improperly frustrated the cross-examination of the deponent by refusing to produce, on timely demand by claimant’s advocate, a written statement admittedly used by the deponent to refresh hi...
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Petitioner was convicted of premeditated murder in the Court of General Sessions, New York, on April 16, 1959. He thereafter unsuccessfully appealed his conviction to the highest court of that state (People v. Glinton, 8 N.Y.2d 742, *644201 N.Y.S.2d 336, 167 N.E.2d 741 (1960)) remittitur amended (People v. Glinton, 8 N.Y.2d 849, 203 N.Y.S.2d 898, 168 N.E.2d 704). Thereafter the Supreme Court denie...
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This case comes before the court upon the pleadings and transcript of the record before the Appeals Council of the Social Security Administration.
Plaintiff under Title 42, U.S.G.A. Section 405(g), appeals an adverse decision of the Secretary of Health, Education and Welfare holding that plaintiff is not totally and permanently disabled within the provisions of the Social Security Act.
Plaintiff w...
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Petitioner filed his petition, together with a petition for leave to proceed in forma pauperis, August 16, 1961. On August 23, 1961, the respondent filed his motion to dismiss the petition. Oh September 13, 1961, this court granted leave for petitioner to proceed in forma pau-peris, and considered the government's motion as though timely filed. No answer brief to the motion to dismiss was filed b...
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Plaintiff brought this action for a declaratory judgment declaring void because of fraudulent misrepresentations two policies of insurance which it issued on the life of Stephen Brodish, in which his wife, Mary Brodish, is designated as beneficiary. Defendant answered denying the allegations of fraudulent misrepresentation and counterclaimed for the face amount of the policies. 1 Plaintiff re...
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Following the entry of a judgment against the named defendants in the sum of Fifty Thousand Dollars ($50,-000.00), a garnishee summons was issued to The Travelers Insurance Company and to United States Fidelity and Guaranty Company. Both of these companies denied being indebted to the defendants and thereupon the plaintiff filed a traverse of each of the garnishee answers alleging the truck respon...
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The above matter is before me upon motion of the above named Petitioner under Section 2255, Title 28, U.S.C.A. (In the Petitioner’s Petition, the Petitioner alleges that this action or motion is brought under Title 35, Section 2255, U. S.C., which is obviously a typographical error.) The Petitioner was tried in the Spar-tanburg Division of the Western District of South Carolina on an indictment ch...
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This is a suit for an alleged wrongful death arising out of an automobile accident. The plaintiff has joined four parties as defendants. Harry Ulman Fer-tick is' sued as the driver of the automobile alleged to have caused the death of the plaintiff’s decedent, George M. Thomas. The defendant, Nick Beu-cher, Jr., is sued as the owner of the automobile driven by Fertick and as his employer, master o...
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This is an action by an Illinois corporation having its principal place of business in Chicago, against a New Jersey corporation having its principal place of business in New Jersey, its two principal officers and stockholders, one of whom is a resident of the State of New York and *955the other of the State of New Jersey and who together are the partners of the defendant partnership. The Amended ...
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This is a motion by plaintiff for judgment n. o. v. or a new trial following the jury’s special verdicts, and the entry of judgment in the sum of $174,000 on defendants’ counterclaim.
Plaintiff sued the defendants on certain promissory notes and other obligations incurred in the purchase of poultry feed. Defendants counterclaimed, alleging misrepresentations by plaintiff causing damages.
Judgment ...
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The widow and children of Herbert Sugarman, claiming that he died by an accident that fatally activated a pre-existing but dormant and undetected physical weakness, sue the defendant insurance company on its promise to pay them, as the beneficiaries of a life insurance policy on Sugarman’s life, an additional benefit of $6,000 upon receipt of due proof
“that the death of the Insured was due to bod...
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This is a non-jury trial in which the L'Prudential Insurance Company of Amer_iea has interpleaded divers defendants in order to determine the persons entitled to the proceeds of an insurance policy. 28 U.S.C.A. § 1335. Jurisdiction exists by reason of diversity between the claimants to the fund. Defendants Lois J. McKee and Fred B. Alberts are judgment creditors of May B. Serfass and their rights ...
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This is an interpleader action brought by the plaintiff against the defendant to determine who shall receive the benefits of a policy of life insurance issued by the plaintiff upon the life of Early James, deceased. The defendant Mary James, as the heneficiary, claimed the proceeds of the policy. Perrin D. McElroy, as public administrator, claimed the proceeds of the policy for the benefit of G...
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In this civil action plaintiff sued the defendant to recover the sum of $50,000, which monies are claimed as the proceeds of two insurance policies written by the defendant upon the life of one Jack Tables, plaintiff’s deceased husband. The claim for $50,000 is, says plaintiff, the amount due her by reason of the death of Mr. Tables from Policy No. 23 257 527, dated March 6,1958, in the principal ...
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This is a petition for a declaratory judgment. Jurisdiction of this Court is invoked on the basis of diversity of citizenship of the parties and the requisite jurisdictional amount. The plaintiff, Harry L. Kozol, is a resident of Newton, Massachusetts, and at all material times is and was a doctor of medicine duly licensed and actively engaged in the practice thereof. He is a member of the Massach...
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This is an action for a declaratory judgment brought under 28 U.S.C.A. §§ '2201 and 2202. On August 1, 1960, plaintiff obtained a '$7,500 life insurance policy from defendant through his participation in a group known as the National Office Furniture Association, Inc. The pertinent portion •of the policy insofar as this action is ■concerned is as follows: “CONTINUATION OF INSURANCE. If any employe...
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These are two cases in the first of which Mrs. Clara R. Kraut sued The Travelers Insurance Company on a policy of insurance on the life of her husband, in the amount of $40,000, dated June 2, 1960, and in the second of which the said Travelers Insurance Company sued the said Clara R. Kraut, seeking cancellation of an earlier policy on the life of Mrs. Kraut’s husband in the amount of $50,000 and d...
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In this action plaintiff, W. H. Bader, seeks to recover premiums paid for the year 1955, and thereafter, on two policies of life insurance which provide for waiver of premium on total disability of the insured.
Defendant, The Travelers Insurance Company, has moved for partial summary judgment in respect to payments for the years 1959 and 1960. It contends that the pleadings and motion papers estab...
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This matter came before the Court on motion by the United States for summary *433judgment on July 20, 1962; and the Court having on the 20th day of July, 1962 filed and entered its order finding the issues in favor of the defendant, United States of America, and co-defendants, Seth Eugene Coleman, Sr. and Lorena Emma Coleman, and against the plaintiff; now, therefore, the Court hereby makes the fo...
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Plaintiff, Peggy L. Pittman Schroeder, is suing the defendant, John Hancock Mutual Life Insurance Company, on a policy •of insurance bearing Certificate No. 520, Policy No. 335-G issued by the defendant for the principal sum of $8,000 on the life of Mr. Wayne V. Pittman, now deceased, in which policy the plaintiff, the daughter of Mr. Pittman, is the named beneficiary. Plaintiff has submitted a mo...
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This cause came on for trial before the-Court without a jury, a jury having been waived, and the Court having duly considered the pleadings, the evidence adduced by the parties and being fully advised in the premises, hereby makes the following findings of fact and conclusions-of law: FINDINGS OF FACT 1. That John Laverne Wyatt, hereinafter referred to as the insured, while serving in the armed fo...
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This action was filed April 26, 1960, by the Kentucky & Indiana Terminal Railroad Company, a Kentucky corporation hereinafter referred to as K & I, against the United States of America to recover $55,958.79, the aggregate of an alleged deficiency in income tax for the year 1951 of $39,427.87 and interest on same in the amount of $16,530.92.
FINDINGS OF FACT
As admitted in the pleadings, disclosed ...
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Defendants move for summary judgment or, in the alternative, to dismiss the complaint of an employee of an agency of the United States which seeks (1) declaratory and injunctive relief against defendants as officials of the General Services Administration and (2) damages against defendants personally. This court does not have jurisdiction of either cause asserted by plaintiff. The plaintiff does n...
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Following a verdict for the defendant in this cause, plaintiff filed a motion for a new trial stating (1) that the verdict was contrary to law, (2) that there was insufficient evidence to support the verdict, (3) that the verdict was against the weight of the evidence, (4) that there was misconduct of a member of the jury and of a spectator and (6) that there was misconduct of a member of the jury...
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DECISION OF THE COURT ON DEFENDANT’S MOTIONS TO SET ASIDE JURY’S VERDICTS AND TO ENTER JUDGMENTS IN FAVOR OF THE DEFENDANT IN FOUR OF THE CONSOLIDATED CASES (Dictated from the Bench)
These cases arise out of a railroad .grade crossing accident involving one of the defendant’s freight trains and a ■Chevrolet station wagon automobile owned by the plaintiff John Zatek, and are now before the Court o...
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This is a complaint under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 2201, by The Aetna Casualty and Surety Company, a corporation (hereinafter referred to as Aetna), against Allstate Insurance Company, a corporation (hereinafter referred to as Allstate), with Jessie Lee Crosslin, as intervenor,
FINDINGS OF FACTS
1. Prior to September 27, 1960, plaintiff Aetna issued its policy to Dixie G...
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Page 3260
Before the Court for consideration are the exceptions of Mary Ernestine Cunningham to the Report of the Commissioners fixing her award at $1,100.00 for the taking of an easement over her property which is described in the pleadings as Tract XNR-15:32 :S.l.
She asserts that the amount awarded by the Commissioners is totally inadequate for the rights that were condemned. She further asserts that the...
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The complaint in this case purports to set forth two causes of action, both predicated upon certain alleged actions of the defendants in their capacities as Bradley County school officials. The plaintiff claims that the defendants conspired to •decline and refuse renewal of her contract as a teacher in the Bradley County High •School after its termination at the end ■of the 1959-1960 school yea...
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This is a motion to quash return of extraterritorial service made on an out-of-state corporation. The action itself is a shareholder’s derivative suit brought against the officers and directors of Defiance Industries, Inc. for alleged waste and misappropriation of assets through a self-dealing transaction. The five individual defendants reside in Connecticut, Ohio, Illinois, Massachusetts, and app...
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In this diversity death action tried to a jury the verdict favored the plaintiff as the Administrator of the Estate of Albert Tucker. Pennsylvania law applies as the accident and other operative facts occurred in the City of Pittsburgh in this judicial district. Suit was brought under both the Pennsylvania Wrongful Death Act, 12 P.S.Pa. § 1601 et seq. and Survival Act, 20 P.S.Pa. § 320.601 et seq....
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This cause came on for hearing on May 23, 1962 upon the motion of the plaintiff, the United States of America, for a preliminary injunction; said plaintiff having on May 16, 1962 filed-a complaint pursuant to 42 U.S.C.A. § 1971, alleging that the defendants herein, the Bibb County Democratic Executive Committee and its individual members, and Walter C. Stevens, individually and as Ordinary of Bibb...
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The alleged offense was committed on March 19, 1961. On March 20, 1961 defendant was brought before a commissioner on a complaint concerning illegal refilling of distilled spirits; defendant waived a preliminary hearing and was released on his own recognizance. The information was filed on June 28, 1962. The defendant pleaded not guilty on July 18, 1962. No motion was made to dismiss until the fil...
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Plaintiff Boise Cascade Corporation filed an action for $125,000 which it was required to pay in settlement of two negligence actions and which it seeks to recover from Nicholson Manufacturing Company under a contract of indemnity.
On June 3, 1957, Nicholson Manufacturing Company (Seller) entered into a “Barker and Slip Installation Agreement” (agreement) with Valsetz Lumber Company whereby it agr...
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This matter is before the Court upon’ defendant’s motions for judgment notwithstanding the verdict or for new trial,. This matter was tried to a jury and verdict returned for the plaintiff in the amount of $30,000.
Plaintiff, Harry J. Wood, Jr., sustained injuries when he fell down an elevator shaft in a department store operated by the defendant, S. & L. Company of Des Moines. The accident occurr...
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The diversity of citizenship between the parties and the requisite jurisdictional amount in controversy to invest this court with jurisdiction under 28 U.S.C. § 1337, both exist to permit consideration of this case within the provisions of the Declaratory Judgment Act, 28 U.S.C. § 2201.
In this action for a declaration of non-liability, under an Owners, Landlords and Tenants Liability Poli...
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These are actions against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. The plaintiff Cline in Civil Action No. 1551 sues for $25,000 for his own injuries, loss of earnings and earning capacity, and for loss of the consortium of his deceased wife, and in Civil Action No. 1552 for $200,000 for the wrongful death of his wife Carolyn S. Cline, who original...
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Respondent moves for an order pursuant to Admiralty Rules 31 and 32C of the Supreme Court of the United States requiring libelant to file further answers to respondent’s interrogatories 12(c), 24(b), 24(e) and 24(f) on the grounds that the answers served were inadequate, incomplete and evasive. Evidently, libelant labors under the assumption that the knowledge of its agents is not its knowledge. T...
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Plaintiff was, until his dismissal on February 6, 1957, an employee of the Tennessee Valley Authority (hereinafter referred to as “TVA”). In this action against the TVA he seeks a declaratory judgment that his removal was invalid because in violation of provisions of 5 U.S.C.A. § 652 and the Veterans’ Preference Act, as amended (5 U.S.C.A. § 851 et seq.). The defendant has moved for summary jud...
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The plaintiff seeks injunctive relief from pending state criminal proceedings in which he is charged with violation of Conn.Gen.Stat. § 53-300 (Rev. of 1958), prohibiting Sunday retail sales. Alleging that the statute is unconstitutional, he applies for an injunction and requests a three-judge court be convened to hear his application, pursuant to 28 U.S.C. § 2281.
The Three-Judge Court
...
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This case was filed by the same attorney who represented the plaintiff in Hanna v. Home Insurance Company, 5 Cir., 281 F.2d 298, certiorari denied, 365 U.S. 838, 81 S.Ct. 751, 5 L.Ed.2d 747, petition for rehearing denied, 366 U.S. 955, 81 S.Ct. 1905, 6 L.Ed.2d 1247. The theory of each case is the same, and this case must be dismissed for the same reason given for so disposing of the Hanna case. Th...
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On August 4, 1961, the United States filed in this Court its complaint in condemnation and Declaration of Taking of fee title to 35 acres of land belonging to the defendant landowners. The Declaration of Taking was signed under date of July 24, 1961, by the Secretary of the Army pursuant to statutes authorizing acquisition of lands for use in connection with the construction and establishment of ...
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On February 21, 1962, there was filed in this court on behalf of Joe Edward Smith, a petition for writ of habeas corpus. On February 23, 1962, an oral hearing was held in open court on this petition, following which it was dismissed, a notice of appeal was filed by the petitioner, and a stay of execution granted under Section 2251, Title 28 U.S.C.A. Leave to prosecute appeal to the United States C...
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The Court finds and concludes under Rule 56, Fed.R.Civ.P., that Plaintiffs’ Motion for Summary Judgment against the Defendant, Texas Reserve Life Insurance Company, should be granted, as the pleadings, depositions, documentary evidence and admissions on file, including the following admitted or undisputed facts, show, without substantial controversy, that there is no genuine issue as to any materi...
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This matter having come before the Court on the motion of defendant to dismiss for lack of jurisdiction or, in the alternative, for a change of venue and plaintiff’s opposition thereto and on plaintiff’s motion for summary judgment and defendant’s opposition thereto; whereupon the Court having considered the pleadings and argument in open Court by counsel for the parties at which counsel for defen...
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This is an action for judicial review of a “final decision” of the Secretary of Health, Education, and Welfare, denying plaintiff’s claim for the establishment of a “period of disability” as defined in Section 216(i) of the Social Security Act, as amended 42 U.S.C.A. § 416(i) (2). This Court has jurisdiction pursuant to 42 U.S.C.A. § 405(g). When a claimant is granted a “period of disability,” the...
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This is a review of the final decision of the Secretary of Health, Education and Welfare that the plaintiff is not entitled to the establishment of a period of disability nor to disability insurance benefits under Title 42 U.S.C.A, §§ 416(i) and 423. Both the plaintiff and the Government have moved for summary judgment.
The hearing before the examiner was conducted on April 29, 1959. The last medi...
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This cause of action was brought under 42 U.S.C.A. § 19831 and alleges that the minor plaintiff was deprived of the privileges and immunities guaranteed to him by the Fourth, Fifth, Seventh and Fourteenth Amendments to the United States Constitution. The Complaint alleges that the minor was shot by the individual defendant, a police officer of Lower Merion Township, Montgomery County, without any ...
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This case was brought under 42 U.S. C.A. § 1983, the Complaint alleging that the minor plaintiff was deprived of “privileges and immunities” guaranteed him under the Fourth, Fifth, Seventh and Fourteenth Amendments to the Constitution. In support of these allegations, the Complaint alleges that the minor plaintiff and his companions saw a police car stop near them, left the area because they we...
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The defendant has moved to suppress -certain evidence seized from him on May ■8, 1962, when a search warrant issued the same day by the United States Commissioner, Commissioner’s Docket 5, Case 165, was executed by a search of premises occupied by the defendant. Each of the grounds urged in support of this motion will be considered separately. 1. The defendant contends that the search warrant i...
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The defendant has moved to suppress certain evidence seized on May 18, 1962, from premises then occupied by him, under a search warrant issued on May 16, 1962, Commissioner’s Docket 5, Case 208. Each of the contentions in support of this motion will be considered separately. 1. The defendant contends that the warrant was insufficient on its face, because it was issued on the basis of a joint affid...
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This is an action by plaintiff, a nineteen year old negro resident of Charleston, South Carolina, against defendants, seeking a permanent injunction enjoining the defendants from denying him admission to The Clemson Agricultural College of South Carolina solely on account of his race. The suit was commenced on July 7, 1962. On the same date the plaintiff filed a motion for preliminary injunction. ...
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In this case after the jury found a verdict in the plaintiff’s favor, the de
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fendant has asked the Court to grant a motion for judgment in accordance with its motion for a directed verdict, or in the alternative to grant it a new trial. The third party defendant has filed a motion for a new trial. The consideration of these motions is now before the Court.
Viewing the fac...
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Plaintiff, Gostin, sued defendants Nelson and Hoffman, doing business as Merit Associates, and individually, for breach of contract. Plaintiff has moved for an interlocutory summary judgment adjudicating defendants’ liability, leaving open for later determination the amount thereof. The motion is based upon the verified complaint, plaintiff's affidavit, and a certified copy of portions of the reco...
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In this civil action, plaintiff, Inez A. Glendenning, seeks review of a final decision of the defendant denying her application to establish a period of disability and for disability insurance benefits. Jurisdiction to hear this action is provided by § 405(g), Title 42, U.S. C.A. The application, denied by the defendant, was for the disability insurance benefits provided by § 423, Title 42, U.S.C...
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After the jury returned a verdict for the plaintiff, defendant has filed a motion for a new trial. It is not contested that the plaintiff was employed by defendant railroad and while in the performance of his duties was injured. His injury resulted from a violation by the defendant of the Safety Appliance Act. In fact, the defendant admitted liability at the trial of the case and the issue before ...
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In a carrier’s interpleader suit, defendant Goldsmith moves for summary judgment awarding him possession of certain bills of lading covering coffee made out to his order which the defendant Brazilian Coffee Institute, an agency of the United States of Brazil, holds in its possession. Goldsmith contends that he bought the coffee symbolized by the bills of lading from “defendant” Exportadora e Im-po...
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The Court has jurisdiction of the claim removed from the Circuit Court of the City of St. Louis. There is diversity of citizenship and the amount in controversy exceeds $10,000. Plaintiff seeks $12,000 for the loss of a tractor-trailer under a policy of insurance issued by defendant. Plaintiff also seeks $1,200 for vexatious refusal to pay and attorney's fees in the amount of $1,000, plus interest...
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Pending for present ruling in this action is a pleading served and filed by the plaintiffs and entitled, MOTION TO DISMISS PETITION FOR REMOVAL (filing 6). In the context of the action, now very briefly to be reflected, that motion of the plaintiffs is appropriately being regarded and treated as a motion to remand. It ought so to have been entitled.
On February 23, 1962, the plaintiffs, who are hu...
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Plaintiff filed her petition in the District Court of Lancaster County, Nebraska, seeking damages from defendant by reason of certain claimed false and fraudulent statements made by defendant. Two statements, one dated April 6, 1962 and the other dated May 3, the year not set forth, were each a part of “an official reprimand” which it is claimed the defendant caused to be made to plaintiff. The ma...
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This automobile accident case is an action for injuries to the above wife plaintiff, Adele Sobel. Joined in this action was Leonard Sobel’s claim for alleged damages of $10,000. resulting from his wife’s injury not resulting in death. At the trial, nothing was adduced to equal or surpass this amount of damages and the jury awarded him $1,392.13. 1 The report of the pre-trial conference ■of Ma...
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Virginia’s legislative apportionment statutes1 of 1962 are here assailed as violative of the Equal Protection Clause of the Federal Constitution’s Fourteenth Amendment. Plaintiffs (including inter-venors) are registered and otherwise qualified voters of the State of Virginia residing, respectively, in Arlington County, Fairfax County and the City of Norfolk. Their complaint is that the apportionme...
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This is an action for declaratory judgment on behalf of the Hardware Mutual Casualty Company, hereinafter referred to as “Hardware,” against The Shelby Mutual Insurance Company, hereinafter referred to as “Shelby,” Helen Hromyko, Virgil Barkley, and Isabelle Barkley. The action was tried to the Court and extensive findings of fact were made.
Philip Statler was, on July 30, 1957, the owner of a 195...
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This action was instituted in this court by the plaintiff, a Kansas corporation, against the defendant, an Illinois corporation, to determine the liability of the defendant under a Garage Owner’s Liability policy issued by it to Fisher Chevrolet Company, Inc., and Shawnee Garage, Inc., of Shawnee, Kansas. The amount in controversy exceeds the sum of $10,000.00. The matter is before this court on a...
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In 1947 the petitioners were found guilty by a jury in the District Court of Gunnison County, Colorado of the crimes of robbery (count 1), kidnapping accompanied by bodily harm (count 2), and kidnapping for extortion (count 3). The petitioners are now confined in the Colorado State Penitentiary under sentences imposed upon their convictions. Upon application by petitioners, this court permitt...
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This case is before the Court on plaintiff’s motion for summary judgment. Plaintiff, a Klamath Indian, filed this action to compel defendant, The First National Bank of Oregon, to pay him approximately $40,000 which the Bank holds in trust for plaintiff under a trust agreement made by the Secretary of the Interior (Secretary) pursuant to § 564n of the Klamath Termination Act (Act), 68 Stat. 718 (1...
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These actions were instituted in the Court of Hustings for the City of Portsmouth. The defendant is an uninsured motorist and, under Virginia law, service was had upon the defendant and State Farm Mutual Insurance Company; the latter being the liability insurance carrier covering the automobile operated by Cecelia Orlikowski, in which vehicle the deceased, Eugene Joseph Orlikowski, and a plaint...
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Gulf Insurance Company brought an action for a declaratory judgment (28 U.S.C.A. § 2201 et seq.) that it is not obligated to defend a suit pending in the Common Pleas Courts of Philadelphia County. The Common Pleas suit is by one Ware for damages against John J. Nesbitt, Inc. and Mack Warehouse Corporation for injuries Ware sustained when a box fell on him while he was working on the truck of h...
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This is an application to set aside a judgment of conviction of the defendant Nicholas Forlano which followed his plea of guilty in this court on March 25, 1935. It appears that on March 25, 1935 an indictment was filed charging this defendant, together with one Earl Edwards, with six counts of sale and possession of heroin. On that day the defendant Forlano pleaded guilty to all six counts. The p...
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The defendants-claimants move for a new trial.
The Government instituted this action to acquire title to leaseholds on apartment buildings erected on the Fort Hamilton Army Base in Brooklyn, New York.
The trial of the action before the court and a jury endured for a period exceeding four weeks.
At the time of the taking on December 15, 1960, the Government was the owner of the land and the buildin...
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This cause is now submitted upon the motion of the defendant Grumman Aircraft Engineering Corporation filed herein on October 31, 1962, seeking to have this Court quash the service of process upon said corporation on October 10, 1962, by the United States Marshal for this district. The submission is upon the pleadings, stipulations of the parties, the testimony of several witnesses taken both o...
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The plaintiff, Great American Insurance Company, seeks exoneration and equitable relief. Plaintiff executed various bonds as surety for defendant Leon B. Stilley pursuant to certain highway and road construction between Stilley and the Di-, vision of Highways, Department of Public Works and Buildings, State of Illinois. The complaint alleges that Stilley has certain bills outstanding which were in...
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This suit was instituted by Mr. Joyce to review and reverse a final decision of the Secretary of Health, Education and Welfare which denied the plaintiff’s claim to disability benefits and the establishment of a period of disability under the Social Security Act. To be entitled to the establishment of a period of disability and disability benefits under the Act, one must be disabled as that term i...
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This dispute originates with an automobile accident. Much of the difficulty surrounding it emanates from the legal relationships created by Virginia's relatively new Uninsured Motorist Law. (Va.Code Ann. § 38.1-381.) The facts of the case are as follows: On April 19, 1961, the plaintiff, Gay-lord Hobbs, was a paying passenger in a car owned and operated by one Carl McCroskey when it collided in...
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This is an action for breach of warranty arising out of the purchase of certain chicken processing equipment and is now before the Court on the motion of defendant, a foreign corporation, to quash service of process. The grounds of the motion are that defendant’s activities in Michigan did not establish a sufficient nexus with that State to render it amenable to suit by plaintiffs and that if M...
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Plaintiff, a corporation, instituted this action for specific performance and allied relief in the Court of Common Pleas of Bucks County. On May 25, 1962, defendant, also a corporation, filed a petition for removal of the action to this Court, purportedly on the basis of diversity of citizenship. Plaintiff thereafter filed a motion for remand on the
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ground that the record fail...
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Before us, inter alia, is defendant’s motion for transfer of this action to the United States District Court for the Eastern Division of the Eastern District of Missouri, under 28 U.S.C. § 1404(a): “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” After ...
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This action, which arises out of a. motor vehicle collision on a public highway in North Carolina, is before us on defendant’s motion for transfer to the United States District Court for the-Eastern District of that State, under 28 U.S.C. § 1404(a):
“For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other-district or div...
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May 20th, 1952, the Government instituted this condemnation proceeding against certain property owned by defendants located in Bossier Parish immediately. adjacent to Barksdale Air Force Base. A deposit in the amount of $76,800 was made into the registry of the Court, as the Government’s estimate of the fair value of the land, in accordance with the provisions of 40 U.S.C. § 258(a).
The landowners...
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This matter is now before the Court on motion of defendants for judgment pursuant to Rule 56 on the ground that the action brought by plaintiff is barred by the Statute of Limitations. Plaintiff seeks to recover damage for personal injuries sustained as a result of alleged negligence and breach of warranty on the part of defendant, Kelly-Koett Co., and its successors in interest, Keleket X-Ray ...
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The defendants stand indicted for “holding” or possessing gold bullion in violation of 12 U.S.C. § 95a; Executive Order No. 6260, as amended; and 31 U.S.C. § 442. The provisions of 31 U.S.C. § 442 deal only with civil penalties, and so are immaterial to the criminal charge.
Sections 95a(l) and (3) of Title 12 of the United States Code, insofar as here relevant, provide that:
“(1) Duri...
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Henry Dumatrait, as owner of the M/V CHAR SAN, and as assignee of the personal injury claim of his companion on the vessel, seeks to recover damages from respondents, the Pushboat NICK V and its tow, Barge TG-109. Proper claims having been filed by the owners of the vessels proceeded against and customary bonds in an amount suitable to libellant having been posted, the cases proceeded to trial to ...
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This cause came before the court upon the motion of the defendants to dismiss the action on the grounds that the court has no jurisdiction over the subject matter of the action. In the alternative, defendant Indianapolis Stockyards Company moves to strike certain allegations in Count I of the complaint and for a more definite statement. After considering the motions, together with the briefs in su...
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This is a petition for a writ of habeas corpus in which the petitioner, now detained in the Medical Center for Federal Prisoners at Springfield, Missouri, seeks “release from illegal custody” and other relief. This proceeding is an incident in a judicial odyssey by a convict on the poorly charted and apparently limitless seas of postconviction review. Those interested in what federal judges d...
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This is a suit under the Federal Tort Claims Act, U.S.C. Title 28, Section 1346 (b) for negligence in administering penicillin on October 1, 1958 into the body of a female infant. The complaint in paragraph five alleges the antibiotic was administered in the wrong part of the infant’s buttocks, causing paralysis. Before the trial the parties entered into the following stipulation: “That if on or a...
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J. A. Risse and Marie D. Risse were the owners of a certain Oldsmobile automobile, on which they carried public liability insurance with State Farm Mutual Automobile Insurance Company [hereinafter designated as State Farm], the limit (individual) of which was $25,000.00.
James N. Ray was the owner of a certain Kaiser automobile, on which he carried public liability insurance the limit of which was...
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This case was tried before a jury which returned a verdict in favor of the defendant and judgment was duly entered thereon. Later the plaintiff filed a motion to set aside the verdict and judgment and to grant a new trial on the ground that Dan Boyce, one of the witnesses for the defendant, “was by agreement paid $50.00 per day for his attendance and testimony on behalf of defendant, he not being ...
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The above-entitled action was tried to the Court on November 19 and 20, 1962. Subsequently, briefs were filed by attorneys for both parties and the matter is now submitted for decision. THE PLEADINGS The complaint contains three counts: The first alleges that misrepresentations were made to induce the sale of a stock interest in a corporation which owned a ranch in Montana. The prayer seeks rescis...
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This is an action brought by plaintiff for personal injuries sustained on a pier leased by the defendant American Export Lines, Inc. Trial by jury was waived. Josephine Gulisano, plaintiff, is a citizen'of the United States and a resident of Elizabeth, New Jersey. Defendant American Export Lines, Inc. is a New York corporation, with its principal place of business in New York, N. Y. On January 24,...
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The background of these actions, brought to declare and enforce the plaintiffs’ rights pertaining to the exercise of their religious beliefs, is found in the decision reported under the name of Pierce v. LaVallee, 293 F.2d 233. The three issues raised in the plaintiffs’ complaints were disposed of as follows.
The plaintiffs’ right to purchase and possess the Quran was disposed of in the ab...
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The petitioner, a state prisoner, is presently serving a term of not more than thirty nor less than twenty-five years of a sentence imposed on July 9, 1947, after a jury verdict of guilty on a charge of assault with intent to murder a Captain in the Danbury Police Department on May 26, 1947.
He has followed a tortuous course since then in pursuing an appeal from his conviction. That journey is log...
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This action was instituted by plaintiff, Humble Oil and Refining Company, hereafter called Humble, in behalf of itself and in behalf of Insurance Company of North America, its insurance carrier, to recover losses, suffered as a result of judgments recovered by Glenn Lilly and Clyde Rouse against plaintiff in lately pending actions in this Court, and in voluntary settlement of the claim against pla...
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This is a suit of the United States filed October 16, 1961, pursuant to the Civil Rights Acts of 1957 and 1960, 42 U.S.C.A. § 1971 et seq., brought by the Attorney General in accordance with the provisions of Section 1971(c) against the State of Louisiana (as provided in Section 601(b) of the Civil Rights Act of 1960), the Registrar of Voters, Mary Ethel Fox, and Deputy Registrar of Voters, Lione...
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This action is brought by the plaintiff to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for the establishment of a period of disability and for disability benefits under the Social Security Act. So far as material to this case “disability” is defined in § 216 (i) of the Act (42 U.S.C.A. § 416(i)) toi mean “inability to engage in any subs...
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.On September 8, 1961, on application of interested parties, the Court appointed a Commission pursuant to the provisions of subdivision (h) of Rule 71A of the Federal Rules of Civil Procedure. The Court specifically directed the Commission to determine the issue of just compensation.
Now, the Court is asked to review the condemnation proceedings held by the Commission at Burlington, Kansas, in reg...
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Petitioner, in forma pauperis, filed an application for writ of habeas corpus. In that application petitioner alleges that he has heretofore filed an unsuccessful motion pursuant to Section 2255, Title 28 United States Code in the committing court, the United States District Court for the Western District of Texas. The files and records show that petitioner took no further action in connection wit...
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This action is brought by Norris Dispensers, Inc., (taxpayer) for refund of a manufacturer’s excise tax, interest and penalties. The first question is whether the Norris Dairy Bar and the Norris Home Milk Dispenser, made and sold by plaintiff, are “household type refrigerators” within the meaning of § 4111 of the Internal Revenue Code of 1954. These items may be briefly described, as there is no d...
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Defendant moves, pursuant to Rule 50(b), Fed.R.Civ.P., to set aside the verdict and judgment entered thereon, for entry of judgment in accordance with defendant’s motion for a directed verdict, or, in the alternative, for a new trial.
Plaintiffs, police officers of the City of Stamford, sued defendant for libel based upon a New York Times front page article published October 4, 1958 concer...
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Plaintiff, Bay Aviation Services, Co., filed its complaint on March 15, 1962, in which it alleged that commencing in September 1960 it performed services and furnished engineering and materials in connection with the conversion of a single-engine Beechcraft Bonanza aircraft into a twin-engine aircraft, which was done at the request and order of and for defendant, Southland Aviation, Inc.; that on ...
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Marine Transport Lines, Inc. has brought an in personam action for declaratory relief against Nunes and Gordon, who were employees of libelant and served aboard the Marine Rice Queen. Admiralty Rule 59 now provides that declaratory relief may be prayed for in an admiralty proceeding. Pursuant to Admiralty Rule 2, libelant has, by foreign attachment, attached two of Gordon’s bank accounts in this d...
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Respondents, Kulukundis Lines Ltd. (Kulukundis Lines Inc.) and Michael Kulukundis have moved this court, pursuant to Rules 27 and 58 of the United States Supreme Court, Admiralty Rules, for an order dismissing the libel against them, based upon the alleged lack of admiralty jurisdiction of the subject matter set forth in the libel. Libelant, Sea-wind Compania, S.A., has in turn moved for summary j...
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This is an action by E. B. Kaiser Company to recover under quantum meruit $16,237 from James F. O’Neil Company, Inc., claiming that misrepresentations in contract negotiation by O’Neil induced Kaiser to accept O’Neil’s purchase order.1 The facts adduced at the trial do not support Kaiser’s legal contentions or theories. The United States Government awarded a contract to T. C. Bateson Construction ...
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Page 3335
The plaintiff, Lloyd Snell Reid, is a prisoner in state custody pursuant to judgment of a state court. He was convicted of the offense of passing a forged instrument in the Criminal District Court of Jefferson County, Texas, on April 20,1961. In Reid v . State, 171 Tex. Cr.App. 678, 353 S.W.2d 225, the Texas Court of Criminal Appeals reversed and remanded the case because the sentence imposed was ...
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Plaintiff here seeks, in a purported interpleader action, to implead Orville Freeman, Secretary of Agriculture of the United States, with the Commissioner of Agriculture and Immigration of Louisiana, and certain citizens of Louisiana. Defendant Freeman has moved to dismiss the action as to him on the ground that the Court is without jurisdiction. The complaint seeks to determine whether the United...
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The Government here seeks an injunction to force the defendant milk handler to comply with a marketing order issued by the Secretary of Agriculture under the applicable provisions of the Agricultural Marketing Agreement Act, 7 U.S.C. § 601 et seq. Defendant points out in its answer its willingness to comply with the order but for fear of liability from another quarter. Defendant, in addition to th...
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Plaintiff, Ralph J. Hoge, filed a complaint at Civil Action No. 61-657, dated October 13, 1961, verified October 20, 1961, received by the Clerk of Court on October 24, 1961, and ordered filed in forma pauperis on November 1, 1961. This complaint averred that plaintiff is an inmate of the Western State Penitentiary, and on October 13, 1961, all his records, correspondence, and legal documents were...
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The plaintiff, Ralph J. Hoge, an inmate at Western State Penitentiary, filed a complaint at No. 61-737 entitled “Petition for Writs of Declaratory Judgement and Mandatory Injunction”. He avers that on March 1, 1961, he addressed a petition to the Pennsylvania Supreme Court, at Harrisburg, which was received by defendant Bolsinger, the Prothono-tary of that Court, at Pittsburgh, who arbitrarily re...
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Petitioner is a native and national of Austria and the wife of a United States citizen. She was lawfully admitted into the United States for permanent residence on November 25, 1955, and filed her petition for naturalization on September 20, 1960, under the three-year residence provisions of 8 U.S.C. § 1430.
1
The facts in this case are not in dispute. Petitioner was born in Rouman...
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Plaintiff, a resident and citizen of the State of Wisconsin, instituted this suit against the defendants, all residents of the State of Missouri, under the provisions of § 2201 Title 28 U.S.C.A. to determine its liability under a policy of liability insurance written by it, insuring the defendant Billy Noel, against loss or •damage growing out of the use of certain motor vehicles.
The poli...
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The plaintiffs have filed suit for Declaratory Judgment and seek an adjudication of their rights in the policies of public liability insurance concerning 1) whether the plaintiffs and other members of the class are entitled to payment under certain agreements reinsuring plaintiffs’ policies of public liability insurance, and 2) whether the plaintiffs are entitled to call upon the defendant rein...
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This cause coming on for hearing on the motion of the plaintiff for a new trial under Rule 59(a) (2) of the Federal Rules of Civil Procedure, the parties come by their attorneys, and the Court having duly considered said motion and heard the arguments of counsel and being full advised in the premises it is ORDERED that paragraphs 8, 9 and 10 appearing on page 10 of the Conclusions of Law entered h...
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The Plaintiff, William H. Keohane, is an industrial engineer-consultant who, as part of his work, actively solicits and advises persons and corporations in the sale and purchase of other business enterprises. Defendant Swarco, Inc. (hereinafter called “Swarco”), a manufacturer of products from crude rubber, sold its assets to Defendant Ameraee, Inc., (hereinafter called “Ameraee”), another manufac...
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The above-entitled consolidated actions came on regularly for. trial before this Court without the intervention of a jury on October 13, 1960. The plaintiffs were represented by their attorney, Joseph T. Helling of Crumpacker, May, Beamer, Levy and Searer of South Bend,
*264
Indiana, and the defendant by Kenneth C. Raub, United States Attorney, Hugh A. Henry, Jr., and Philip C. Pot...
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On February 3, 1959, Eileen M. Seiter, a resident of the County of Kings, City and State of New York, was a passenger on an aircraft owned and operated by the defendant, then on a flight from Midway Airport in Chicago, Illinois, to La Guardia Airport in Queens County, New York. On its approach thereto the aircraft crashed into the East River, causing the death of Mrs. Seiter and other passengers a...
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Albert William Andreas, Jr., a passenger in defendant's plane, was killed when the plane crashed in the vicinity of Richmond, Virginia, on November 8, 1961. The flight originated in Columbia, South Carolina and from there proceeded to Newark, New Jersey, Wilkes Barre, Pennsylvania and Baltimore, Maryland, *312at each stop picking up passengers bound for Columbia, South Carolina.
This suit, in the ...
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This is a petition for a writ of habeas corpus arising out of a conviction of first degree murder in the State of New York. The petitioner was found guilty of felony murder by a jury on January 22, 1948 in the County Court of Kings County. Sentence was imposed on March 2, 1948 by County Court Judge Goldstein who had presided at the trial. Based upon probation department reports which disclosed a c...
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The petitioners, prisoners in the custody of the State of Texas, seek leave to file, in forma pauperis, an application for the writ of habeas corpus directed to the .above named respondents. In their petition they allege the following facts: That on July 29, 1958, petitioners were .apprehended by the respondents at Fort Myers, Lee County, Florida. At that time they were informed of the charges aga...
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Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare that he was not entitled to a period of disability and to .disability insurance benefits under sections 223 and 216(i) of the Social Security Act, as amended. For the reasons hereinafter stated, it is now found that the decision of the Secretary is supported by substantial evidence and that the ...
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Count 1 of the indictment in this case charges defendants Gentile and Levine with knowingly transporting and causing to be transported in interstate commerce from Baltimore, Maryland, to Glasgow, Delaware, for the purpose of sale and distribution, “articles of indecent and immoral character, to wit, two dozen articles of rubber goods of an immoral nature”, in violation of 18 U.S.C. § 1465.1
Count ...
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Petitioner has filed with this Court an application for a writ of habeas corpus, pursuant to the provisions of Title 28
*389
U.S.C. § 2241(e) (3), seeking his release from the California State Prison at Folsom. He is presently incarcerated in said prison under a commitment of the Superior Court of the State of California, in and for the County of Los Angeles, pursuant to a convicti...
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This is an action brought by the claimant, Edgar Ferren, pursuant to 42 U.S.C.A. § 405(g); Mr. Ferren seeks a review of the Secretary’s administrative determination that he is not entitled to either a “period of disability” (commonly known as a “disability freeze”) or “disability benefits”. The claimant has exhausted his administrative remedies, and this court has jurisdiction. Claimant was born S...
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This is a petition to vacate a plea and set aside a conviction entered January 24, 1938. Procedurally the motion is not properly within 28 U.S.C. § 2255, sentence having been served, but will be treated as a petition for Writ of Error Coram Nobis.
1
*424
Petitioner, along with three other defendants, was indicted for a violation of the “White Slave Act”, 18 U.S.C. § 2421; ...
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Plaintiff sues to recover damages for personal injuries alleged to have been sustained by him as a result of the negligence of the defendant on September 4, 1959 at Loring Air Force Base, Limestone, Maine, where both parties were working at the time. Defendant has moved for dismissal of the action on the ground that defendant “was not and is not subject to the service of process within the Distric...
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211 F.Supp. 460 (1962)
Yvette M. WRIGHT, Horacio L. Quinones, Darwin Bolden, Benny Cartagena, Ramon Diaz, Joseph R. Erazo, Blorneva Selby, Walsh McDermott, Seth Dubin, all individually and on behalf of all other persons similarly situated, Plaintiffs,
v.
Nelson A. ROCKEFELLER, Governor of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Caroline K. Simon, Secr...
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This is an action brought by the United States for the taking of land under 40 U.S.C.A. § 258a. The Declaration of Taking was filed on May 14, 1958, and on the following day, $26,675.00 was deposited in the Registry of the Court as the estimated just compensation for the land taken. On July 16, 1958, an additional $1,500.00 was deposited in the Registry for a dwelling on the property. The Declarat...
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This is an action under Title 8 U.S. C.A. § 1440(c) for revocation of citizenship of Friedemann Sommerfeld, defendant herein. Sommerfeld was born on January 21, 1933, in Hamburg, Germany. His father died in a concentration camp in 1942 and his mother died in 1951. Under the sponsorship of Doctor and Mrs. Louis Seheffey, of Havertown, Pennsylvania, he came to the United States in 1951. He fixes the...
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This action, removed from the Circuit Court of Jackson County, Missouri, at Kansas City, is one for false arrest and false imprisonment.
Defendant filed an amended answer in which it alleged that: “one of its employees had observed plaintiff take merchandise from defendant’s store in Mary-ville, Missouri, without payment therefor on an occasion prior to November 18, 1960”.
November 18...
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This case involves a petition for writ of habeas corpus filed by a military prisoner presently confined in the Medical Center for Federal Prisoners at Springfield, Missouri. We issued our initial order to show cause on October 25, 1962, and issued a supplemental order to show cause on November 13, 1962. Petitioner claims generally that his good time should be calculated in accordance with military...
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This is a diversity action brought by Betty Jeanne Stearns, a citizen and resident of Missouri, and Howard Lavelle Button, a citizen and resident of Illinois, against The Hertz Corporation, hereinafter referred to as Hertz, a Delaware corporation, which does not have its principal place of business in Missouri. Since the amount in controversy exceeds $10,000, exclusive of interest and costs, this ...
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The question before the Court is: Was the instant complaint filed within sixty days of the final decision of the Secretary of Health, Education and Welfare as required by Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405 (g)? *511 On November 30, 1961, the plaintiff filed a complaint in this Court under the provisions of Section 216(i) and Section 223 of the Social Security Act, as...
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This is a petition for writ of habeas corpus to secure to petitioner trial or dismissal of an indictment pending in the Southern District of California. On April 4, 1962, this Court ordered respondent to show cause why the writ should not issue. An answer and response and a traverse were duly filed. Service upon petitioner of copies of the documents attached to the answer was ordered at the reques...
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This is a civil action brought by the United States of America against the defendants to quiet title to certain lands located in Madison County, North Carolina, and to enjoin the defendants from committing trespass on the said lands. In addition, the plaintiff asks for damages in the amount of $295.02, with interest, as payment for timber allegedly cut from the lands of the plaintiff by the defend...
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These cases are presently before the Court on a motion for summary judgment by defendant Liberty Mutual Insurance Company (hereinafter called “Liberty”) in Civil Action No. 31005, and a motion to dismiss by Liberty, as third-party defendant, in Civil Action No. 30647. As both actions arise out of the same happening and involve the same questions of law, they were briefed, argued and are here de...
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The petition herein seeks the issuance of a writ of habeas corpus pursuant to Title 28 U.S.C. § 2241(c) (3). It alleges that following conviction and death sentence for felony-murder the petitioner’s motion for new trial was denied on December 9, 1960; that thereafter, on May 28, 1962, the judgment of the District Court was affirmed by the Supreme Court of Colorado; that a petition for writ of cer...
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This is a civil action for damages in the amount of $100,000 for the alleged violation of plaintiff’s civil rights. The action is brought under Title 42 U.S.C.A. § 1981 et seq. The action is now before the court upon the motion of the plaintiff for leave to appeal in forma pauperis (which also seeks an order directing the Clerk to prepare the record for appeal); upon his petition for leave to proc...
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Plaintiff, Reginald Spickard, instituted this action under the Social Security Act, as amended, 42 U.S.C. § 405(g), seeking review of a final decision of the Secretary of Health, Education, and Welfare. He seeks to establish a period of disability under 42 U.S.C. § 416 (i) and disability insurance benefits under 42 U.S.C. § 423. The findings of the Secretary as to any fact, if supported by substan...
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Application was made by plaintiff to the Bureau of Old Age and Survivor’s Insurance of the Social Security Administration, Department of Health, Education and Welfare, for benefits pursuant to the provisions of 42 U.S.C.A. §§ 416 (i) and 423. The application was denied. Request for hearing was made by plaintiff and, pursuant thereto, hearing was held on September 15, 1961. At the conclusion of the...
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This is a motion under 28 U.S.C. § 2255 in behalf of the defendant, who was convicted on charges of mailing obscene matter and circulars containing information where obscene matter can be obtained. The object of the application is to vacate the sentence on the ground that he was mentally incompetent to stand trial. The motion further prays for a dismissal of the indictment, or a direction of a ver...
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The above entitled cause came on regularly for trial and the Court upon the administrative record made before the defendant as stipulated by the parties, upon certain additional documentary evi*587dence introduced at trial, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The plaintiffs are citizens of the United States, residents of the Rosebud Sioux Indian Reserva...
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(sitting by designation). The above named defendant-petitioner filed with this Court a “Motion in Pursuant with Title 28 United States Code Section 2255”, dated October 18, 1962. The defendant was indicted for the crime of kidnapping in violation of 18 U.S.C.A. § 1201(a), in the Eastern District of South Carolina-Florence Division. Upon request of defendant, I appointed counsel to represent him. T...
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The plaintiff instituted this action for damages on the premise that her civil rights had been violated by the defendant. The essential facts in this case are not in dispute. Plaintiff, a member of the Coeur d’Alene Indian tribe, was arrested August 6, 1961, by defendant, an Indian police officer, after an incident at defendant’s home in Benewah County on the Coeur d’Alene Indian Reservation, a...
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Libellants in the instant case are the Owners and the Master of the Fishing Vessel MADONNA, who seek, on behalf of themselves and the crew of the vessel, to recover in a cause of salvage, civil and maritime, from C. Malone Trucking, Inc., owner of the power yacht MISS WAL-THAM, Coast Guard Registration MS 1193Y. On the night of May 26, 1961, at approximately 2200 hours, while the MADONNA was en ro...
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These are two motions, the first by defendant to dismiss the complaint for insufficiency, pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure, and the second, a cross-motion by plaintiff to consolidate a pending state court action with this one, or remand this one to the state court. This action was commenced in the Supreme Court of the State of New York but was removed to this court by d...
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This motion to dismiss an action brought to declare Chapter 354 of Massachusetts Acts of 1952, as amended, hereinafter the Act, to be in violation of the Fifth and Fourteenth Amendments of the United States Constitution does not require extensive discussion. Plain*669tiffs do not favor us with a reference to the particular statute under which they assert our jurisdiction. All parties, with the exc...
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This matter is before the Court on the issues created by defendant’s plea in abatement, in which it is charged that plaintiff is not the real party in interest and that the action should be abated in conformity with the provisions of Rule 17(a), F.R.Civ.P.
In May, 1960, plaintiff was the owner of a certain building which was damaged by fire. Plaintiff alleges that the loss was due to defen...
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Petitioner seeks a writ of habeas corpus for his release from imprisonment following his conviction in the Court of Quarter Sessions of Montgomery County, Pennsylvania. He was convicted by a judge after waiver of jury trial and sentenced for the crime of receiving stolen goods. Petitioner maintains that he has been deprived of his right to due process of law guaranteed by the Fifth and Fourteenth ...
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These matters are before the Court on a motion to vacate the sentences imposed in both of the captioned cases. Mover invokes the provisions of Rule 35, F.R.Civ.P., and Title 28 U.S.C. § 2255. The grounds for the motions are “that the judgment and sentence was obtained without lawful process.” In his motion mover alleges that he was arrested by a police officer of the City of New Orleans, Louisiana...
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The 92 plaintiffs who term themselves “naturopathic physicians” brought this action to enjoin the Texas State Board of Medical Examiners, the Attorney General of Texas, and the District Attorney of Dallas County from enforcing the provisions of Articles 4495-4512, Vernon’s Ann. Texas Revised Civil Statutes, commonly known as the Texas Medical Practice Act, asserting that such Act, as interpreted a...
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Plaintiff, Brooklyn Waterfront Terminal Corp., hereafter called Brooklyn, seeks to recover damages to a pier allegedly caused by dredging operations conducted by or on behalf of the defendant, International Terminal Operating Co., Inc., hereafter called International. Defendant denies liability, asserting in general that the damage to the pier was due to defective conditions existing prior to the ...
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The government, suing to recover the balance of funds deposited by it in a special account with defendant bank, as depository, moves for summary judgment. On or about June 30, 1959, the government, as purchaser, entered into a contract of manufacture with Ameco Electronic Corporation (“Ameco”), a New York corporation. The course of dealings between the parties under this contract is not disclosed ...
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This is an appeal under 7 U.S.C.A. § 499g(c) from a reparation order of the Secretary of Agriculture directing appellants to pay to appellees the sum of $417.12, the unpaid balance on the contract price of a carload of cantaloupes. The pleadings, findings and conclusions and orders of the Secretary in the proceeding before him have been certified and filed in court, and at the trial in this court ...
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This action was instituted by Helen J. Lloyd against the United States of America under the Federal Tort Claims Act. (28 U.S.C.A. § 1346(b) and § 2671 et seq.) The Complaint alleged that the plaintiff at La Puente, California, on November 9, 1960, tripped in front of the United States Post Office. It was claimed that her tripping was caused by the negligent manner in which Eusebio Otero, an employ...
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Plaintiff, Andrew Beaver, invokes the jurisdiction of this court under 42 U.S. C.A. § 405(g). He seeks the judgment of this court setting aside the determination of an examiner denying his application for a so-called “wage freeze” under 42 U.S.C.A. § 416(i) and § 223 of the Social Security Act. On November 20, 1958, plaintiff filed a disability application claiming he became totally disabled to en...
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Plaintiff seeks judicial review of tbe final decigion of the SeCretary of Health, Education and Welfare that he was not entitled to a period of disabi]ity and to disability insurance benefits under sec-tiong 223 and 216(i) of the gocial gecur-Act, as amended. For the reasons stated hereinafter, it is now found that the decision of the Secretary is supported by substantial evidence and that the def...
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The defendant moves to transfer this case to the United States Court of Appeals pursuant to the provisions of sections 5(a) and (b) of Public Law 87-301, 75 Stat. 650 (1961), 8 U.S.C. § 1105a(a) and § 1105a Note (1962 Supp.). The complaint seeks a judicial review of (1) an order of deportation and (2) denial of plaintiff’s application for an adjustment of her status to that of a permanent resident...
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Page 3389
The plaintiff, St. Louis-San Francisco Railway Company, a corporation (hereinafter referred to as Frisco), is a Missouri corporation, with its principal place of business in Missouri. The defendant, Missouri-Kansas-Texas Railroad Company, a corporation (hereinafter referred to as Katy), is a Delaware corporation, whose principal place of business is in Texas. The amount in controversy, exclusive o...
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Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare that he was not entitled to a period of disability or to disability insurance under sections 223 and 216 (i) of the Social Security Act, as amended. For the reasons hereinafter stated, it is now found that the decision of the Secretary is supported by substantial evidence and that the defendant’...
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The litigation culminating in this trial commenced more than a decade ago. Tried before the court without a jury, this case has spawned a record which assumes rather substantial proportions, consisting of more than 1500 pages of trial1 testimony as well as scores of exhibits and several lengthy depositions. Yet, the pivotal issues remain relatively simple and free from complexity.
Plaintif...
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The petitioner, now confined at Green Haven State Prison, Stormville, New York, applies for a writ of habeas corpus, contending that the judgment of conviction and the sentence imposed thereunder are in violation of the due process clause of the Fourteenth Amendment. The defendant was found guilty by a jury of robbery in the first degree, burglary in the first degree and other crimes. The Trial Co...
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This is an action brought under the Federal Tort Claims Act, 28 U.S.C.A. 2671 et seq.; the plaintiff is a resident of Brookline, Massachusetts. I find that on October 20, 1960, plaintiff was lawfully operating his motor vehicle in a northerly direction on Route 128, in Newton, Massachusetts, and that at about 8:00 A.M., one Clyde A. Armstead, a soldier in the United States Army, acting within the ...
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Population growth generates many problems. This is one of them. Spawned by the historic pronouncement in Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663, this class action is before us challenging the Federal constitutionality of existing legislative and congressional reapportionment in the State of Washington. 1 Plaintiff is a registered voter residing in Midway Precinct of King Count...
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This action was removed to this court from the Supreme Court, Queens County, New York, because of the diversity of citizenship of the parties, pursuant to 28 U.S.C. § 1332(a) (1). The briefs of the parties indicate that the substantive law of New York State governs.
The plaintiff sues to recover commissions allegedly due under an oral contract of employment entered into on or about January...
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This is an action brought by the plaintiff against the defendant-auctioneer on a theory of conversion to recover the value of three cows sold by the defendant.
After non-jury trial, the court makes the following:
FINDINGS OF FACT
1. Plaintiff is the United States of America suing on behalf of the Farmers Home Administration of the Department of Agriculture.
2. The defendant,...
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This action is now before the Court on plaintiffs’ motion to remand filed on November 30, 1962 which came up for hearing on December 10, 1962.
Council for the plaintiffs and for the removing petitioner V/O PRODIN-TORG, extensively argued at said hearing the propriety according to law of the removal of the action at the instance of V/O PRODINTORG and the latter’s standing as a party entitle...
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The defendants bring this motion to dismiss the plaintiff’s action pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure. It is their contention that the complaint fails to state a claim upon which relief can be granted. Briefly, the plaintiff has brought a wrongful death action1 and a survival action 2 for the injuries and death of the decedent. The disputed averments of the complain...
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Plaintiff the return of ?50 000 wMch he aIleges he paid to defendant as a d it on a contract f or the purchase and exchange of real and pergonal erty. Piaintiff asserts that the defend. ant breached and repudiated the contract and wrongfully declared a forfeiture of the deposit,
0n July 2, 1959, defendant granted p]aintiff an exclusive option to purchase defendant’s Alderman Farms (Farms) for $2,6...
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On May 21, 1962, the defendant's conviction of contempt of Congress, 2 U.S.C. § 192, was reversed by the Supreme Court, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962), sub nom. Russell v. United States, on the ground that his original indictment in May, 1956, was fatally defective because it failed to identify the subject under congressional subcommittee inquiry at the time the witness was inte...
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This action was brought by the plaintiff, Jane C. Huff, against the Secretary of Health, Education and Welfare, under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for judicial review of a final decision of the Secretary. The decision complained of disallowed the plaintiff’s claim for child’s insurance benefits under section 202(d) of the Social Security Act, 42 U.S.C.A. § 402(d...
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Each of three defendants, charged separately with the crime of perjury in two counts of a six-count indictment, moves for a severance on the ground that join-der was not permissible under Rule 8(b) 1 of the Federal Rules of Criminal Procedure. 1 Each defendant seeks a separate trial upon the two counts wherein he is named as the sole defendant. The charge of perjury against each defendant r...
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This is an application for a preliminary injunction in the pending civil action brought by the plaintiff as a citizen and voter of Connecticut to establish his rights to a representation in the Connecticut General Assembly more in accordance with the number of electors voting for the respective Senate and House members in the two chambers of the *912 Connecticut legislature. The application was...
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This case pends on a petition for writ of habeas corpus. In accordance with our usual practice, petitioner is granted leave to proceed in this Court in forma pauperis. On May 18, 1962, we denied an earlier application for habeas corpus filed by this same petitioner. It is apparent from that earlier proceeding that petitioner is a military prisoner. He was tried and convicted by a General Court-Mar...
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This matter grows out of an automobile accident which occurred at Shook’s Gap on the Chapman Highway on November 18, 1960. Herron (defendant here) brought suit in this Court — Case No. 4171 — against LaFollette (plaintiff here) on December 19, 1960 and La-Follette filed an answer, but no cross-claim, on December 30, 1960. Subsequently, on July 3, 1961, this Court signed an order approved by bot...
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The defendants have filed a motion to dismiss the complaint and briefs have been filed in support of and in opposition to said motion. The Court has considered the motion and the briefs and is now duly advised. *922 The complaint seeks damages for an alleged violation of Sections 1983 and 1985(3) of Title 42 United States Code (federal Civil Rights Act). Section 1983 provides: “Every pers...
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Plaintiffs here are seeking review of a decision of the Secretary of Health, Education and Welfare, adverse to their claims, under the authority of 42 U.S. C.A. § 405(g). In determining that plaintiffs were not entitled to survivor’s dependency benefits under the Social Security law, the examiner found that they were not receiving one-half of their support at the time of the death of their wage-ea...
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Actions in rem and in personam are pending by and between the owners of the bulk carrier DEVON and the owners of the Canadian liberty-type vessel MATILDE CORRADO. Each vessel claims that the other dragged anchor and drifted. A collision occurred on the night of January 24, 1958. For all practical purposes the only factual issue for determination is an inquiry as to which vessel dragged anchor. For...
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Before the court are cross motions for summary judgment, Rule 56(c), Federal Rules of Civil Procedure.1 The Government, as assignee of the Federal Housing Administrator, has brought suit on three negotiable promissory notes insured under the provisions of the National Housing Act, as amended 12 U.S.C. *936§ 1702 et seq. (Supp. III, 1962). Jurisdiction is based on 28 U.S.C. § 1345 (1958).
On Februa...
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Plaintiff has moved for summary judgment decreeing a mandatory injunction and an award of damages in an action instituted under Section 8a(6) of the Agricultural Marketing Act. The suit was brought to compel the defendants to comply with the provisions of Milk Order No. 137, as amended (7 C.F.R., Part 1137; formerly designated as Order No. 1, 7 C.F.R., Part 901). This is a regulation which pertain...
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The parties to this action having heretofore stipulated to all material facts and the case having been submitted upon the basis of written briefs, the Court now renders its findings of fact, conclusions of law, and decree, as follows: FINDINGS OF FACT 1. The Civil Aeronautics Board and the Administrator of the Federal Aviation Agency each requested that the United States Attorney for the West...
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Petitioners are presently confined in the New Hampshire State Prison under sentences of death imposed upon their convictions of murder in the Hillsborough County Superior Court on November 14, 1959. The New Hampshire Supreme Court sustained the convictions in State v. Nelson, 103 N.H. 478, 175 A.2d 814 (November 30, 1961), and the United States Supreme Court denied direct review by certiorari, 369...
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Defendant Fruehauf, in this case removed from the State court, has filed a motion to quash issuance of summons and purported service of summons and return. That motion alleges that although service was attempted in the State court pursuant to the Missouri Non-Resident Service of Process statute, defendant Fruehauf did not receive the statutory notice and copy of process and petition. Defendant Fru...
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On July 13, 1958, the automobile of defendant Jones, being driven by his daughter, Phillys, was third in a line of four cars proceeding in the same direction on Shawnee Road near Berrien Springs, Michigan.
It is alleged that the first car, driven by defendant Schalk, turned unexpectedly; that the second car, operated by defendant Lorenz, stopped suddenly in order to avoid hitting Schalk, and, fina...
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This action is to recover damages for alleged wrongful death of a child and the suit is brought for the benefit of the mother Lillie Pearl James. The defendant in its answer sets up the contributory negligence of the mother, the beneficiary under the statute, in the following language : “2. That the plaintiff’s intestate was permitted and allowed by her mother, the said Lillie Pearl James, to stra...
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THIS CAUSE coming on for hearing before this Court on motion by Plaintiff for summary judgment and the Court having considered the verified complaint and answer thereto, together with the motion papers, the brief filed on behalf of the Plaintiff and the statement filed upon behalf of Defendant, by the Attorney General of the State of Illinois, admitting that Plaintiff is entitled to the relief pra...
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On October 4, 1961, the defendant Edward Thomas Davis was convicted by a jury in the Raleigh Division, Eastern District of North Carolina upon his plea of not guilty of the offense charging the defendant “with unlawful or fraudulent intent, did transport in interstate commerce a falsely made and forged Nationwide Money Order, knowing same to be falsely made and forged, in violation of the provisio...
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This case arose from the confusing of two patients in a hospital, and the consequent performing on each patient of the operation intended for the other. In the removal of two patients from their hospital rooms to the operating rooms, the hospital charts of the patients were mixed and each patient was then placed in the operating room scheduled for the other. The result was that the plaintiff, w...
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The foregoing matter having been tried to the Court without a jury, and having heard evidence and argument of counsel, and having taken time to consider, the Court has made the following findings of fact and conclusions of law:
FINDINGS OF FACT
I.
Plaintiff, Seaboard Finance Company, was originally organized under the corporate title “Seaboard Finance Corporation” on October 10, 1935, under the la...
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„r , „ , , ....... . We have for■ determination in^ this at-^on the ffcting clailf Tof ,the H°W and Navaf indians m and to Iadian reserva' tlon lands sltuated ln northeastern Arizona.
These lands, consisting of some
2,-
500,000 acres, or 3,900 square miles, were withdrawn from the public domain under an executive order signed by President Chester A. Arthur on December 16, 1882. ...
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In this action plaintiffs seek to recover for injuries and death resulting from an automobile accident in Maryland. The case was tried to the court without a jury. A verdict by agreement was entered in favor of defendant Frank H. Schumann. After the trial, a verdict and judgment were entered in favor of defendant David D. Anderson and a verdict and judgment in favor of the plaintiffs were entered ...
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These two actions, which are related causes, came before the court upon the defendant’s separate, but nearly identical, motions to dismiss for failure to state a claim on which relief can be granted and for lack of jurisdiction over the subject matter of each action, and upon the defendant’s suggestion that the court lacks jurisdiction of the subject matter of each complaint, made pursuant to Rule...
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This is an action by the plaintiff, Lonnie Sandusky, to review a final decision of the defendant Secretary, denying the plaintiff’s application for old-age insuranee benefits as authorized by the Social Security Act, as amended, 42 U.S.C.A. §§ 402, 413, and 414 (1961 Supp.). This court has jurisdiction of the action pursuant to Sec. 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). The appl...
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STATEMENT
This case arose from an automobile collision that occurred in Hempstead County, Arkansas, on November 13, 1961, between an automobile driven by the father of Louis Bernard Keaton, plaintiff, and an automobile driven by Willie Dale McCook, testate of defendant.
Liability was admitted by the defendant in open court, and the question of damages only was tried to the court on September 28, 1...
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The Court having granted defendants’ motion to dismiss under Rule 41(b) at the conclusion of plaintiffs’ case, makes the following findings of fact and conclusions of law as required by Rule 41(b). These findings of fact are necessarily based upon the testimony of plaintiffs’ witnesses and the stipulations and exhibits entered into evidence by consent of all parties at the inception of plaintiffs...
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The petitioner makes his application for naturalization under Section 329 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1440, as amended, 75 Stat. 654 (1961), which reads as follows: “(a) Any person who, while an alien or a noncitizen national of the United States, has served honorably in an active-duty status in the military, air, or naval forces of the United States during either Wo...
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This is an action for a Declaratory Judgment brought by Employers Casualty Company, a Texas corporation, the principal place of business of which is in Texas, against Kline Oldsmobile, Inc., and Gary Marler, both citizens of Minnesota.
The parties have stipulated all of the pertinent facts.
Plaintiff issued a policy of liability insurance to defendant Kline Oldsmobile on April 1, 1961, which conta...
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The petitioner, Salvatore Pennise, filed a petition for a writ of habeas corpus pursuant to Title 28 U.S.C. § 2242. An order to show cause why the writ should not issue was directed to the respondents. Petitioner is an inmate of Greenhaven State Prison, Stormville, New York, serving a sentence of 20 to 40 years upon his conviction in 1952 in the County Court of Kings County, State of New York, of ...
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Petitioner is presently incarcerated in Greenhaven Prison, New York, as a second felony offender. He filed a petition for a writ of habeas corpus pursuant to-Title 28 U.S.C. § 2242, alleging that his detention was illegal in that his first conviction, in the State of Idaho in 1941, was obtained without his being advised, of his right to counsel and in ignorance-of that right. In my Opinion filed A...
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Domenic Isabella and Charles Kinteris each was named as a defendant in a five-count indictment. Counts 1 and 3 charged each defendant -with violation of 26 U.S.C. § 4705(a). Counts 2 and 4 charged each defendant with violation of 21 U.S.C. § 174. Count 5 charged each defendant with violation of 26 U.S.C. § 7237, in that he allegedly conspired with other persons to violate both of the above-named s...
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Page 3432
This is a non jury diversity action to recover amounts alleged to be due and owing plaintiff from defendant for services rendered pursuant to a written contract.
Plaintiff is an Illinois corporation. Defendant is a corporation organized under the laws of Minnesota. The complaint alleges that on April 14, 1961, there was due and owing from the defendant to the plaintiff the sum of $14,-220.80 by vi...
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The plaintiff, a Negro citizen of the District of Columbia, seeks damages from the defendant on the ground that the manager of its restaurant in Alexandria, Virginia, refused to accommodate him and excluded him from the restaurant solely because he was a Negro under color of the State custom of racial segregation, in violation of Title 42, United States Code, §§ 1981, 1983 and 1985(3), and the Civ...
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This is an action for the recovery of $11,000, plus interest, paid by the plaintiff, Sunset Plaza, Inc., to the defendant, The Ohio National Life Insurance Company. That sum was paid as a condition of the acceptance of a mortgage commitment of $550,000 tendered by the defendant to the plaintiff on March 24, 1960, and accepted by the plaintiff on April 11, 1960. The commitment fee was to be refunde...
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This is an action by the plaintiff, Clarsnce L. Hawkins, to review a final decision of the defendant Secretary, denying the plaintiff’s application for a period of disability and disability benefits as authorized by the Social Security Act, as amended, 42 U.S.C.A. §§ 416(i) (1), 423. This court has jurisdiction of the action pursuant to See. 205(g) of the Social Security Act, 42 U.S.C.A. § 405(...
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The defendant is charged with the offense o-f having made, without lawful authority, a mold for coining half-dollars, and with the additional offense of counterfeiting several coins. He filed a motion to suppress for use as evidence certain molds, coins, admissions, a letter, and a statement on the ground that they were obtained from him illegally. On the basis of the evidence presented at th...
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The facts of this case are detailed in our opinion granting plaintiff’s motion for a new trial following the first trial, reported at 196 F.Supp. 927 (E.D.Pa. 1961). Briefly, plaintiff, a guest passenger in an automobile owned and operated by the third-party defendant, seeks damages for personal injuries sustained when the automobile collided with the rear end of defendant’s truck proceeding in th...
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A number of motions have been filed by the defendants, including motions to stay the proceedings at bar, to dismiss *396the action as to certain defendants for failure to state a cause of action or for want of equity, and to compel a more definite statement as to the nature of the cause of action asserted in the complaint. On July 25, 1962, the proceedings were stayed until August 7, 1962 for the ...
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The suit at bar is a class action brought by the plaintiffs on their own behalf and on behalf of all other persons similarly situated. The plaintiffs assert variously that they are residents of four representative districts and four senatorial districts of the State of Delaware and are duly qualified voters and taxpayers of the State and citizens of the United States. The defendants comprise the ...
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This is an action for a declaratory judgment in which plaintiff prays for a construction of a policy of insurance issued to Lady Beautiful, Inc. and to plaintiff that will require the defendant to defend an action brought by Louise Cooper against plaintiff herein and to pay any judgment that may be rendered against plaintiff in said action. In its answer defendant asserts that under the terms o...
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Lawrenson has now filed several new motions, namely: (1) a second motion for a new trial based on newly discovered evidence, in which he seeks to remedy the weakness of a former motion for a new trial, which was denied by this court, with the denial affirmed on appeal; (2) a motion under 28 U.S.C.A. § 2255 to vacate and set aside the judgment and sentence, which raises a number 1 of points, mos...
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Petitioner is confined at the United States Penitentiary at Alcatraz pursuant to a judgment and sentence imposed by a Court Martial at Foggia, Italy on August 17, 1945. The original sentence of 25 years’ imprisonment was subsequently reduced to 23 years. By a petition for the writ of habeas corpus he seeks his release on the ground that he has earned sufficient good-time credits, calculated at the...
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This is an action under Section 205 (g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare denying the claim of the now deceased wage earner, Isaiah Mangle, husband of the present plaintiff, for a period of disability and for monthly disability insurance benefits. Isaiah Mangle filed application for monthly disability insurance benefits on May 1...
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This suit was filed in March 1961 under the Civil Rights Act of 1957 as amended (42 U.S.C. § 1971). The complaint seeking injunctive relief charged the State of Alabama and the Board of Registrars of Dallas County, Alabama, with having engaged in racially discriminatory acts and practices in the registration of voters. At the time the suit was filed, J. P. Majors was the only member of the Boar...
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The Court, having examined the pleadings, the Stipulations of Facts, and the documents admitted as evidence in this case, and having heard the arguments of and examined the briefs filed by counsel, makes the following Findings of Fact and Conclusions of Law:
Findings of Fact
1. Telephone News System, Inc. (hereinafter called “plaintiff”) is an Illinois corporation organized and existi...
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Petitioner, in a consolidated trial, was indicted, tried and convicted under the Federal Kidnapping Act, 18 United States Code § 1201, and the Mann Act, 18 United States Code § 2421, et seq. *529 He is presently serving the life sentence imposed in connection with the kidnapping charge. A “petition for writ of error coram nobis” now pends before this Court. That petition represents petition...
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The United States has moved to vacate the order of this Court of October 2 insofar as it requires the furnishing of (1) the names and addresses, if any, of co-conspirators who were not known to the Government at the time the indictment herein was returned but have since become known, (2) the names, if any, of persons who were present at conversations alluded to in overt acts 1, 7 and 8 of Count I...
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This case pends upon a motion to dismiss Counts II and III of an amended information charging violations of Section 2314, Title 18 United States Code. Count I, involving both defendants and charging the alleged unlawful transportation of a stolen motor vehicle in violation of Section 2312, Title 18 United States Code, is not attacked. Count II, involving only defendant Young, as it was original...
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This cause came before the court upon the motion of the respondent, James Nasbitt, for an order directing the libelants to make more definite statements in the libel and upon the exception of respondent, George Nasbitt, to the court’s jurisdiction of his person. After considering the motion for more definite statement, together with the brief in support thereof (no answer brief having been filed),...
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This is an action to review a final decision of the defendant, denying plaintiff’s application for the establishment of a period of disability and for disability benefits as authorized by the Social Security Act, 42 U.S.C.A. § 405(g), which provides: “ * * * The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decis...
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These actions were filed under the Federal Tort Claims Act, 28 U.S.C., §§ 1346 (b), 2671-2680. They arise out of a road-known as the Wasilla-Big Lake Junction Road constructed by McLaughlin, Inc., under a contract with the Bureau of Public Roads in the year 1959, across a portion of lands owned by the plaintiffs. Both actions are predicated upon trespass, waste, and conversion of gravel removed ou...
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Page 3454
Plaintiff brings this action as Special Administratrix of the Estate of Baby Mace, deceased, for the wrongful death of such child as the result of defendant’s alleged negligence in an automobile collision between the defendant’s automobile and one operated by the plaintiff, on February 16, 1961. The complaint alleges that at such time and place plaintiff was pregnant with such child “due to be ...
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This is to review a determination of the Social Security Administration denying plaintiff’s eligibility for disability benefits under Section 223 of the Social Security Act. (42 U.S.C.A. § 423). Plaintiff was born in 1905 and his working life has been mainly devoted to driving mule-drawn wagons in a refractory in Carter County. He has a third grade education but can do no more than read and write ...
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This case grows out of a nineteen-count indictment charging violations of the mail fraud statute, 18 U.S.C.A. § 1341. The defendants have now made three motions: (1) for a Bill of Particulars; (2) To Dismiss the Indictment or to Strike Clauses or Counts; (3) To Require the Government to Designate Collateral Transactions. For the reasons set out below all three motions will be denied.
The essence o...
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At pretrial conference it appeared that the complaint was filed on December 1, 1981, in which plaintiff sought damages for personal injuries resulting from an automobile accident which occurred at or near the intersection of Broadway with West 72nd Street in the Borough of Manhattan, City and State of New York, allegedly due to the negligence of the agent of the defendant Sunshine Packing Corp. of...
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This is an action under 42 U. S.C. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S.C. § 416 (i) and for disability insurance benefits under 42 U.S.C. § 423, and the jurisdiction of this court is limited to a determination of whether that decision was ...
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Plaintiff seeks judicial review of the final decision of the Secretary of Health, .Education and Welfare, disallowing his •claim for a period of disability and for •disability insurance benefits. For the reasons hereinafter stated, it is now found that the determination of the Secretary is supported by substantial evidence and that the motion of the defendant for summary judgment should be .grante...
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This action was tried by the Court sitting without a jury, and this memorandum decision is being prepared and filed in lieu of findings of fact and conclusions of law.
Prior to July 21, 1959, plaintiff, Lexington Housing Authority, a Tennessee corporation, entered into an agreement with the Public Housing Administration (hereafter called PHA) to borrow a sum of money for the purpose of con...
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Plaintiff brings this action for a declaratory judgment seeking a determination that it has no obligation to the defendant by reason of the application of William Henry Taylor for a policy of ■accident or trip insurance. Taylor died following an automobile accident on September 30, 1961.
The defendant who was named as beneficiary in the application has filed .an answer and counterclaim in ...
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Plaintiffs have filed a motion to transfer the proceedings from this District to the Western District of Pennsylvania. Defendant opposes it.
The accident occurred August 7, 1960, on the Pennsylvania Turnpike in Franklin County in the Middle District. Suit was instituted in the Middle District on March 10, 1961. Plaintiffs were at the time of instituting suit, and still are, residents of Ch...
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This matter is before the Court on motion of defendant to dismiss the action because the Complaint fails to state a claim against defendant upon which relief can be granted under the Federal Employers’ Liability Act.
The Complaint alleges that decedent, Cuddy, while in the employ of defendant as an engineman and while on the premises of defendant was shot and killed by one James T. Haney, likewise...
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The government seeks to recover fire suppression costs and damages because of the alleged negligence of the defendant, Southern Pacific Co., on July 8, 1957. Defendant has filed a counter claim for its fire suppression costs alleging wrongful and negligent acts of the government on the same day, July 8, 1957, involving the same fire.
The government seeks to dismiss the counter claim on the...
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The complaint alleges that plaintiff, a minor child of nine years, suffered personal injuries as a result of the negligence of enlisted personnel of the U. S. Navy, an agency of the defendant, in the operation of a truck within the Mare Island Naval Shipyard at Vallejo, California on July 13, 1959.
Because the complaint was not filed until December 18, 1961, the government moves to dismiss it as t...
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Plaintiff Hanover Insurance Company, Massachusetts Bonding Department (hereinafter simply Massachusetts), has properly alleged complete diversity of citizenship and an amount in controversy exceeding $10,000 exclusive of interest and costs. Jurisdiction, therefore, attaches under 28 U.S.C.A. § 1332. Plaintiff’s prayer, while not so denominated, is in effect a request for declaratory judgment under...
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Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare, holding that he was not entitled to disability insurance benefits or to a period of disability under Sections 223(a) and 216(i) of the Social Security Act, as amended. For the reasons hereinafter stated, it is now found that the determination of the Secretary is supported by substantial evidenc...
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This is a motion for an order (1) directing the transfer of this action to the Surrogate’s Court, Kings County, and (2) extending the time of the defendants within which to answer or otherwise plead to the complaint until ten days after the entry of an order on this motion.
The action is one by the plaintiff individually and on behalf of the estate of Samuel Martin, deceased, against the executors...
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This is a motion for a writ of habeas corpus directing the production of the relator, Lam Fo Sang, for a hearing before a Special Inquiry Officer of the Immigration Service. Such hearing would be for the purpose of determining whether the relator should be deported from the United States. The facts are not in dispute. The relator is a native and citizen of China. He arrived at Honolulu, Hawaii,...
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This is an action for damages for personal injuries in which one of the *792 two defendants moves for judgment dismissing the action as to him on the ground that the court is without jurisdiction as to him. The sole basis for jurisdiction set forth in the complaint is 28 U.S.C.A. § 1351, which provides: “The district courts shall have original jurisdiction, exclusive of the courts of the Stat...
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In Willow Farms Dairy, Inc. v. Freeman, Secretary of Agriculture, and Mills et al. v. the Secretary, statutory actions brought under 7 U.S.C.A. § 608c(15) (B), decided June 13,1962, D.Md., 206 F.Supp. 239, 240, this Court held invalid Order No. 127, now known as Order No. 16, Regulating the Handling of Milk in the Upper Chesapeake Bay Marketing Area, 7 CFR sec. 1016 (rev. 1962), 24 F.R. 11071. The...
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Plaintiff sued the Defendant under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), 2671 et seq., for the wrongful death of his minor son, ROBERT K. BENNETT. On July 12, 1960, HOWARD OLMSTEAD, a temporary substitute mail carrier in the employ of the United States Post Office Department, was delivering mail along a route which included the residence of the Plaintiff in the unincorporated area of B...
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This cause coming on for trial, and upon the evidence submitted, the stipulations and agreements entered into by and between the United States and the individual defendants and by and between the United States and the respective life insurance company defendants, and after argument of counsel, the same having been considered by the Court, the Court now makes its Findings of Fact and Conclusions of...
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This is an action by the plaintiff, William L. Sale, to review a final decision of the Secretary of Health, Education and Welfare, denying the plaintiff’s application for a period of disability and disability benefits, as authorized by the Social Security Act, as amended 42 U.S.C.A. §§ 416(i), 423. The cause was originally filed July 27, 1960, at a time when Arthur S. Flemming was the Secretary. T...
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In an opinion filed in these consolidated cases on July 20, 1961, it was .found that certain of the minor plaintiffs had not adequately exhausted their administrative remedies under state law prior to the commencement of the actions, and were entitled to no relief. It was further found that certain other minor plaintiffs had adequately exhausted their administrative remedies prior to the instituti...
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In 1948 Harold Leitman organized Fleet Tire Mart as a partnership bearing the name of “The Tire Mart”, to engage in the business of selling, primarily by telephone, truck tires. In 1950 the firm was incorporated as Tire Mart, Inc. In 1958 all of the capital stock was purchased from Leitman and members of his family by the Vanderbilt Tire & Rubber Corp. of which Mr. Leitman became president. On ...
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Page 3477
From the papers filed with the Clerk of this Court in support of the petitioner’s application for a writ of habeas corpus, it appears that petitioner was indicted on June 11, 1958, and arraigned before Hon. Furman W. Reeves of the Hudson County Court on June 20, 1958, when he pleaded not guilty to each of the four indictments against him. On March 4, 1959 when the cases upon the indictments were u...
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This civil proceeding comes before the Court on motions to vacate sentence filed by petitioners pursuant to 28 U.S.C.A. § 2255. The proceeding arises out of a series of four bank robberies involving five young men who conducted their criminal activities as Enterprise, Inc. Following *901the entry of guilty pleas, sentence was imposed by this member of the Court. The Court has conducted an extensiv...
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In each of these actions the defendants have filed motions to dismiss under Fed.R.Civ.P. rule 12(b) (6) for failure of the complaint to state a claim upon which relief can be granted. In the case of Rudnicki v. McCormack et al. the defendants have also filed a petition for an injunction permanently enjoining the plaintiff from continuing or instituting these or other similar proceedings. I shal...
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Petitioner, a native and national of the Philippines, entered the United States as an exchange student on August 28, 1955. More than five years later, on April 3, 1961, he filed a petition under Section 329 of the Immigration and Nationality Act of 1952 (8 U.S.C. § 1440) seeking summary naturalization by virtue of his military service as a member of the Philippine Commonwealth Army during the peri...
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This proceeding is before the Court on a motion of Vincent Chevrolet, Inc., the third-party defendant, to dismiss the third-party complaint of the defendant, State Sales, Inc., that arises out of a case in which the plaintiffs allege that the defendant, acting through one of its agents, negligently operated a certain station wagon which ran into a pickup truck driven by one of the plaintiffs. T...
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This is an action under 42 U.S.C. § 405(g) of the Social Security Act to review the final decision of the Secretary of Health, Education, and Welfare. That decision disallowed plaintiff’s claim for the parent’s benefits, for which she applied, under 42 U.S.C. § 402(h), as amended. The jurisdiction of this court is limited to a determination of whether that decision was based on substantial *927evi...
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This matter is before the Court upon three Motions: (1) Motion to Quash Service, as amended, of Defendant J. B. Daniels d/b/a Judd’s Resort, filed August 13, 1962, (2) Motion to Dismiss of Defendant, Loren R. Rue, filed August 24, 1962, (3) Motion for Change of Venue of Plaintiffs, filed October 24, 1962. After consideration of the Motions, briefs of parties, oral arguments of counsel on November ...
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The question raised by the defendant’s motion to dismiss is whether or not venue is proper. The action is based' solely upon diversity of citizenship between the parties, and it is not disputed that both plaintiffs are citizens of the District of Columbia and that the defendant is incorporated under the laws of Louisiana.
The complaint alleges that at all times material herein the plaintif...
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This is a motion for summary judgment filed by defendant, Service Supply & Engineering Company.
On August 1, 1958, Service Supply & Engineering Company sold to Otis W. Sharp & Sons, Inc., the employer of plaintiffs’ son, a 7-inch Porter Cable electric power saw in the original container in which it was received from the manufacturer. Plaintiffs’ son was killed by electrocution while using ...
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Defendant moves for summary judgment in this action for a declaratory *2judgment seeking to review orders of the District Director of the Immigration and Naturalization Service directing the deportation of the plaintiffs to Hong Kong pursuant to warrants of deportation. Plaintiffs have not submitted any papers in opposition to this motion. , The plaintiff Chu Lam is a Chinese seaman who remained i...
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Defendant moves for summary judgment in this action for a declaratory judgment seeking to review an order of the District Director of the Immigration and Naturalization Service directiiig the deportation of plaintiff to Hong Kong pursuant to a warrant of deportation. Plaintiff is a Chinese crewman who overstayed his shore leave permit. He was apprehended and given a hearing which resulted in an...
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Page 3488
The principal disputes in this condemnation case, which was heard by the court without a jury, are: what is the highest and best use of the land taken by the government on November 7, 1957; and whether the owner, Garden Construction Corporation (Garden), is entitled to severance damages because it will be unable to divert, across the land which was taken, a stream which flows through the remain...
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This is a libel action brought against •the defendant, a Major in the United States Air Force, stationed at Elmendorf Air Force Base near Anchorage, Alaska, based upon a letter alleged in plaintiff’s complaint to have been written by defend-ant “of and concerning plaintiff” to the 'Commander, 5040th U.S.A.F. Hospital ■at Elmendorf Air Force Base, which it is alleged contained false, defamatory and...
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Libelant, owner of the fishing vessel Sunlight, seeks to recover here for damage to the hull of the Sunlight, allegedly caused in a collision of the Sunlight and respondent’s fishing vessel Bluewaters, and for detention for the time the hull of the Sunlight was being repaired. On March 12, 1959, both vessels were fishing off the coast of Nova Scotia. Because of radio reports of a coming storm both...
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This is a petition for a writ of habeas corpus. On May 25, 1962, this Court ordered respondent to show cause why the writ of habeas corpus should not issue. The response to the order to show cause was duly filed on June 21, 1962. The facts appear to be that petitioner was indicted May 27, 1960 in the Southern District of California for the crime of Murder on an Indian Reservation. A hearing was he...
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Page 3492
In this case, the plaintiff, Nationwide, seeks declaratory judgments determining the fact, order and apportionment of coverage of three automobile liability insurance policies with respect to claims of certain of the defendants growing out of an automobile accident which occurred November 9, 1960, in Upshur County, West Virginia.
Karen Lynn Hornbeck, age 17, who lived with her mother, Wanna Mae Ho...
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This matter was presented to the Court on the separate petitions of two sets of attorneys who have represented the plaintiff at various stages of the proceeding to resolve a dispute over the division of attorneys’ fees and other items. A hearing was held on the petitions. Sworn testimony was presented along with exhibits and the Court finds the following to be the facts: The plaintiff was a s...
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This is a declaratory judgment action brought by The Western Casualty and Surety Company, hereinafter referred to as Western, against Margy Herman, the insured, Mark Lowell Herman, her son, and Leo Newman, who was injured while an occupant of a car driven by Mark Herman. Western seeks a declaration of non-liability under the contract of insurance with Margy Herman. Defendants counterclaimed reques...
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The plaintiffs, Virgil Wood, O. C. Thaxton and T. N. Burton, alleging that they are “citizens of the United States and of the City of Lynchburg, Virginia, and environs and are members of the so-called Negro race or the so-called African race” filed this suit designated by
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them “an omnibus suit which seeks to end all racial segregation and all racial discrimination of all publi...
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The plaintiff brings this action against the United States under the Federal Tort ■Claims Act, 28 U.S.C. § 1346(b), for personal injuries which he alleges were caused by the negligent operation of a motor vehicle by an employee of the defendant. The defendant denies that its employee was negligent and alleges contributory negligence on the part of the plaintiff. On November 4, 1959, at about 10:25...
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This suit was instituted in this court by the plaintiff, an Oklahoma corporation, against the defendant, a Missouri corporation, for an amount in excess of $10,000. The case was properly brought here, the-court having jurisdiction based on diversity of citizenship and more than $10,000 involved. The facts disclose that on March 2, 1961, the parties entered into a contract wherein the plaintiff agr...
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On May 18,1962, by written memorandum and order, we refused to pass on petitioner’s application for a writ of habeas corpus in light of a then pending motion filed by petitioner pursuant to § 2255, Title 28 United States Code, before the United States District Court for the Northern District of Mississippi. Petitioner has recently filed additional documents which we consider either as an amendment...
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Calvin Woodrow Barfield, petitioner, has filed a petition for writ of habeas corpus wherein he alleges that he is being illegally held as a prisoner at the Medical Center for Federal Prisoners at Springfield, Missouri. An order to show cause was issued. A response and traverse have been filed. The facts, as shown by the pleadings, are that on December 1, 1961, in the District of Kansas, petit...
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Petitioner, applying to this Court for a writ of habeas corpus under 28 U.S.C. § 2241,1 is presently confined under a sentence of 15 to 25 years in Green Haven State Prison, Stormville, New York, following his conviction by a jury for the crime of first degree robbery. Petitioner was tried jointly in the Court of General Sessions, New York County, for that offense with two co-defendants. Based upo...
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Philip John Vita, Jerald Carmel and Raymond Ronald Pierson were indicted for (i) robbing a national bank on or about September 18, 1958, (ii) placing in jeopardy the life of an employee of the bank by use of a dangerous weapon while committing the robbery, and (iii) conspiring to commit the robbery in violation of 18 U.S.C. §§ 2113 and 371. The maximum penalty for the offense is twenty-five years...
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This matter comes before the Court on petitioner’s application for a writ of habeas cox-pus.
Petitioner alleges that he is imprisoned in the Minnesota State Prison at Still-water, Minnesota, because of a judgment of conviction and sentence by the District Court of Olmsted County, Minnesota. It is further alleged that petitioner made application for a writ of habeas corpus to one of the district co...
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Plaintiff commenced this tort action against defendant to recover damages for injury, disability and expense attributed to the latter’s negligence. Diversity of citizenship and the amount sued for satisfy all jurisdictional prerequisites. Minnesota substantive law controls.
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Tried to the court and jury, a verdict in the sum of $90,400.00 was awarded plaintiff.
Defendant moved...
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This suit was commenced by the State of Wisconsin asking equitable relief under the Constitution and laws of the United States to compel the defendant Zimmerman, Secretary of State, to refrain from conducting Wisconsin general elections for the Wisconsin state legislature under the Rosenberry Apportionment Act of 1951, and to refrain from conducting elections for members of Congress under Ch. 3, ...
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This action was filed July 20, 1962. It was tried and submitted on August 27th and is now ready for decision. It can be properly called a re-apportionment case. It is based upon the teachings of Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). It seeks to have this court determine that the legislative enactment of 1935 implementing Article III, Section 5 of the Nebraska Constitu...
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During the early morning of October 3, 1961, two city policemen noticed an automobile with Pennsylvania license plates parked in the 500 block of South Market Street in Wilmington, Delaware. The car was apparently vacant or abandoned. The neighborhood is notorious for the many breakings and enterings of warehouses, gasoline stations and other business buildings in the locality. The officers walked...
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This is an action by Glen D. Ketcherside, Jr., on behalf of his five' minor children, under 42 U.S.C.A. § 405(g) of the Social Security Act to review a decision by the Secretary of Health, Education, and Welfare that the children of Betty J. Keteherside, deceased, are not entitled to “child’s insurance benefits” because they were not receiving at least one-half of their support from their mother, ...
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This is an application for a writ of habeas corpus and for an order discharging the prisoner from further confinement. As there seems to be no dispute as to the essential facts a hearing seems unnecessary. The salient facts which seem to exist without dispute are as follows: 1. On- November 12, 1954, petitioner was sentenced to imprisonment for seven years. Having earned good time allowance of 811...
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This is an action based on diversity for recovery of damages resulting in the death of plaintiffs’ minor child, caused by injuries sustained when she was struck by an automobile driven by defendant Brewer in an easterly direction on U. S. Highway 190 within the city limits of Covington, Louisiana. The accident occurred on May 31, 1961, at approximately 7:00 a. m., while the child was waiting at a ...
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Petitioner’s application for writ of habeas corpus presents the question of whether he is legally confined pursuant to the order of the Honorable John O. Henderson, United States District Judge for the Western District of New York, dated July 17, 1961. That Order recites that after a hearing pursuant to § 4244, Title 18 United States Code, it was determined that petitioner “is presently mentally i...
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ORDER This cause is now submitted upon the motion of Jimmy Argo filed herein on June 19, 1962, wherein the said Jimmy Argo seeks to have this Court restrain and enjoin the officials for the State of Alabama from rearresting and retrying him for either or both of the offenses for which he was adjudged guilty in the Circuit Court of Jefferson County, Alabama, on March 18, 1960. The issues raised by ...
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The petitioner in this application for a writ of habeas corpus is a prisoner in the Manhattan House of Detention for Men. According to petitioner’s handwritten papers,1 he is awaiting trial on various counts of an indictment handed down by a New York County Grand Jury charging him with burglary, grand larceny and possession of burglars’ tools. In his application, petitioner claims, in substance, t...
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Plaintiffs, heirs of the original owners of certain property in the Walnut Creek area, have brought this action for declaratory relief against defendant, Southern Pacific Railroad, alleging that the letter has forfeited its right to the retention of Parcel 1 as described in the First Amended Complaint. In the alternative, plaintiffs ask for damages for what they characterize as inverse condemnatio...
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Page 3514
This is a petition for writ of injunction against the State of Michigan. The petitioner is presently confined in the Federal Penitentiary in Leavenworth, Kansas. The State of Michigan seeks to detain petitioner at the end of his two-year Federal sentence for state parole violation. Petitioner claims that the State of Michigan has waived jurisdiction. The facts are set out in the petition. Petition...
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Albert and Reuben Kutner with their wives, the plaintiffs, jointly own 3301 Market Street, an unimproved lot in the City of Wilmington, Delaware. Market Street is a busy, noisy thoroughfare travelled by busses, trucks and other vehicular traffic. The defendant owns and operates a tool manufacturing plant directly across the street from the Kutner lot at 3306 Market Street. It makes tools for shock...
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The defendant has moved to suppress evidence seized as the result of a search of his premises pursuant to a search warrant upon the ground that probable cause did not exist for the issuance of the warrant. The motion is without substance and this decision consequently brief. The conditions for the issuance of a search warrant for use in a federal prosecution must meet federal standards. Elkins v. ...
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On or about June 25, 1961 the Sunset Limited, a fast passenger train operated by defendant Southern Pacific Railway Co., struck an automobile at a crossing in Lafayette Parish, killing four occupants of the vehicle. The survivors of the victims of this tragedy have filed eleven separate suits in this court for recovery of their alleged damages; the defendant has moved to dismiss in each instance f...
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This cause came on to be heard upon Defendant’s motion for summary judgment, based upon the contention that even admitting for the purposes of this motion that an oral contract in the terms alleged had been entered into, the contract was unenforceable under the “one year clause” of the Florida version of the Statute of Frauds, F.S.A. § 725.01. The court has heard argument of counsel, has considere...
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This is an action under Section 205(g) (42 U.S.C.A. § 405(g)) of the Social Security Act, as amended, to review a “final decision” of the Secretary of Health, Education and Welfare disallowing the plaintiff’s claim for a period of disability and for disability insurance benefits pursuant to Sections 216 (i) (42 U.S.C.A. § 416 (i)) and 223 (42 U.S.C.A. § 423), respectively, of the Social Security A...
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This cause, brought under the Federal Tort Claims Act, came on for trial, and the Court, having considered the pleadings and testimony of witnesses and experts and being fully advised in the premises, makes the following findings of fact: FINDINGS OF FACT 1. At all times pertinent herein the Veterans Administration was and is an agency of the United States of America and maintains and operates a h...
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This is a suit brought by the complainant, E. H. Halliburton, against these defendants when he allegedly was served contaminated food at Diesi’s Cafe, Krotz Springs, Louisiana, on May 23, 1961. The complaint sets out various acts of negligence charged against the defendant Diesi of his employees and agents, specifically in failing to take the proper precautions to see that the food prepared and se...
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This matter having come on before the Court pursuant to mandate of the United States Court of Appeals for the Seventh Circuit remanding the matter for the taking of additional evidence and the making of certain additional determinations (opinion reported at 274 F.2d 311, 7 Cir.,), and the Court having fully tried all issues pursuant to the said mandate, and the Court having considered all the evid...
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This matter coming on for hearing on the motion of the defendant to dismiss the Amended Complaint filed in this cause, and the Court having heard oral argument thereon, having read and considered memoranda filed in the cause, and being fully advised, the Court enters its Findings of Fact and Conclusions of Law, as follows: FINDINGS OF FACT 1. The defendant, Trans World Airlines, Inc., is a co...
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The complaint in this action alleges that on September 29, 1958 the Government filed a libel of information against certain real property; that subsequently the defendants agreed with the plaintiff and others to purchase the property from the owner; that defendants subsequently breached the contract; that as a result of such breach the mortgagees foreclosed their mortgage on the property and the r...
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I. The Hearing Examiner decided claimant was entitled to disability insurance benefits under the Social Security Act. The Appeals Council reversed the Examiner’s decision. This court now reverses the Appeals Council. *393On June 23, 1958, claimant filed-an application for benefits under Section 223 of the Act; on July 16, 1958 he had filed an application under Section 216(i) to establish a period ...
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By motion filed March 2, 1962, defendant moved this Court to grant a summary judgment pursuant to Fed.R.Civ.P., Rule 56(c), Title 28 U.S.C.A.
The following facts are stipulated and require no proof for the purposes of this motion :
On March 19,1959, Bonnie Hill Homes, Inc. acquired a certain parcel of real property through purchase at a foreclosure sale held under the third deed of trust. As a res...
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This case has arisen in the administration of the Immigration and Naturalization Service of the United States. The plaintiff, an alien, has filed a complaint asking for an injunction against her deportation for overstaying the time permitted to her to remain in this country as a visitor, and for a declaratory judgment to the effect that the refusal of the Local Director of Immigration to extend th...
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This motion by respondents for a transfer to another district places this Court once again in the dangerous shoals of 28 U.S.C. § 1404(a): “For the convenience of parties and witnesses, and in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Recently, in Goldlawr, Inc. v. Shubert,1 this Court had before it ...
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On April 25, 1958, claimant filed an application for Child’s Insurance Benefits under the Social Security Act. The Hearing Examiner decided adversely to her. The Appeals Council refused to review the Examiner’s decision. This court now reverses the Hearing Examiner. Claimant filed for benefits under section 202(d) of the Social Security Act. This section of the Act provides for benefits for a chil...
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On May 24, 1962, by Memorandum and Opinion filed that day in this case, D.C., 205 F.Supp. 331, petitioner was given fifteen (15) days within which to amend his Section 2255 motion “to the end that specific and detailed facts be set forth in connection with the conclusions which he has heretofore attempted to plead”. The Court stated at that time that “failure so to do will require the final denial...
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This case is before the court on plaintiffs’ Motions to set aside the verdict and judgment entered thereon and to grant a new trial on both the questions of liability and damages, after the jury returned a special verdict for defendants on the issue of liability and, under the directions of the trial judge, made a special finding of damages for the plaintiffs in the amounts of $31.284.00 for Mr. a...
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Plaintiff has moved to remand this case to the Circuit Court of Greene County, Missouri, from which it was removed, on the ground that defendant’s petition for removal was filed after the twenty day period provided in § 1446(b), Title 28, United States Code,
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had expired. Plaintiff’s motion will be sustained. This memorandum opinion will be published in order that the Bar be advised...
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This case came before us on defendant Kuljian’s motion to dismiss the amended complaint, or, in the alternative, to stay the suit until' plaintiff proceeds to arbitration, in accordance with the provisions of the two contracts involved. We reached the conclusion that the law of India governs the question whether the arbitration provisions of the contracts are binding. In the course of our opinion,...
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This cause comes on to be heard upon the petition of Petitioner for naturalization before this court, objections thereto and full consideration of the record herein, and the court, being fully advised in the premises, finds the facts and states the conclusions of law as follows: FINDINGS OF FACT 1. The petitioner is a native and national of Canada, 61 years of age, who *495has resided continuously...
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This case was before us some months ago on defendant’s motion to dismiss the action, or, in the alternative, to dismiss the amended complaint. The amended complaint was captioned “Alvin H. Frankel, as Guardian of the Estate of Joseph, Michael, Thomas and Maureen Burgoyne, minors and Trustee ad litem.” Paragraph 1 averred that plaintiff was appointed Guardian by decree of the Orphans’ Court of Mon...
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This is an action under this court’s jurisdiction by virtue of section 205(g) of the Social Security Act (42 U.S.C.A. § 405(g)) to review a determination of the Secretary of Health, Education and Welfare that the plaintiff is not eligible to draw disability benefits under section 223 of the Act (42 U.S.C.A. § 423). The only concern with this case is to see whether the findings of the Secretary are...
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This is an action under 42 U.S.C. § 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g)), by the plaintiff, Roy E. Maynard, against the Secretary of Health, Education, and Welfare, to obtain judicial review of a final decision of the Secretary discontinuing plaintiff’s period of disability and disallowing his claim for disability insurance benefits, pursuant to sections 216(i), 42 ...
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This is a motion under 28 U.S.C. § 2255, to vacate a sentence and a judgment of conviction, and for a new trial. The defendant was convicted after a trial by jury on charges of violating the law prohibiting the use of the mails for the circulation of obscene material. The conviction was affirmed by the Court of Appeals, 111 U.S.App.D.C. 98, 294 F.2d 727. An application for a writ of certiorari was...
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Petitioner, an inmate of Clinton Prison, Dannemora, New York, files a handwritten petition for a writ of habeas corpus. It is one of a substantial number already filed, and it would seem of many that are to come, based upon the ruling in U. S. ex rel. LaNear v. LaVallee, 2 Cir., 306 F.2d 417. This extremely important change from previous rulings is to the effect that the federal statute relating t...
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This is a suit by taxpayers, I. W. Thompson and wife, Charlie Thompson, and by I. W. Thompson, as Trustee for Selected Minority Funds, for recovery of income taxes, penalties and interest in the aggregate amount of $171,665.65. Plaintiffs allege and contend the Internal Revenue Service wrongfully assessed against and collected from them for the years 1952, 1953, 1954, 1955 and 1956. The case, both...
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The above case first came before me upon motion of the plaintiffs for a preliminary injunction, at the hearing of which it appeared that the City of Green-ville operated a skating rink for the Whites and one for the Negroes, and that the plaintiffs, Negro citizens of Green-ville, South Carolina, had been denied the use of the skating rink operated by the City of Greenville for White persons. The a...
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The defendant, Equitable Gas Company has been dismissed out of this diversity of citizenship action because there is no diversity as to it, leaving only Peerless a's a defendant. Peerless has moved to dismiss because (1) the Court lacks jurisdiction in personam as to it, because at the time the alleged cause of action arose, Peerless was not incorporated under the laws of the State of West Virgin...
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This removed cause is before the court on the complaint of The Great Atlantic and Pacific Tea Company, a corporation (hereinafter referred to as “A & P”), for the use of The Travelers Indemnity Company, a corporation (hereinafter referred to as “Travelers”), and is against Pepsi-Cola Bottling Company of Vincennes, Indiana, Incorporated, a corporation (hereinafter referred to as “Pepsi-Cola”), and ...
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The case is before the court on plaintiff’s motion for summary judgment and defendant’s motion to dismiss. We are of the opinion that defendant’s motion should be denied and that plaintiff is entitled to its judgment. The action was instituted pursuant to § 608a(6) of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.A. § 601 et seq.). Plaintiff seeks: (a) a mandatory injunctio...
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Defendant moves for summary judgment in this action for a declaratory judgment which seeks to review an order of the District Director of the Immigration and Naturalization Service, directing the deportation of the plaintiff to Hong Kong pursuant to a warrant of deportation. Plaintiff is a Chinese seaman who jumped ship and, after a hearing, was ordered deported. Upon the issuance of the warrant o...
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This action is brought pursuant to 42 U.S.C.A. § 405(g) to review a decision by the Secretary of Health, Education and Welfare, denying plaintiff’s claims for a “disability freeze,” 42 U.S.C.A. § 416 (i), and disability benefit payments, 42 U.S.C.A. § 423. A “disability freeze” is given to permit the exclusion of disability periods from the computation of average monthly earnings, thereby increasi...
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Plaintiffs are alien seamen, nationals of Yugoslavia, now in this country, who are admittedly deportable as temporary entrants who overstayed the period allowed them for shore leave.1 In this action *674for a declaratory judgment they seek review of orders of the Attorney General denying their applications for withholding of deportation under § 243(h) of the Immigration and Nationality Act (8 U.S....
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This matter is before the Court on the Relator’s Petition for Writ of Habeas Corpus. This ease was originally tried in the Iowa District Court in Plymouth County. It was appealed to the Iowa Supreme Court, wherein the finding of guilty of second degree murder and the sentence to life imprisonment was affirmed.1 Rehearing was denied by the Iowa Supreme Court.2 Petition for Writ of Certiorari was gr...
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Defendant seeks dismissal of this action on the ground of improper venue. The precise question presented does not appear to have been decided in any reported case, and calls for a consideration both of 28 U.S.C.A. § 1391(c) and the Neirbo doctrine.
Plaintiff is a citizen of Connecticut. Defendant is a Kentucky corporation, which did business in the State and Dis
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trict of ...
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Plaintiff Robert M. White, a domiciliary of Camden, New Jersey, is bringing a negligence action against defendant
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Baltic Conveyor, Inc., a corporation chartered in New Jersey. Plaintiff alleges that while he was performing his duties as an employee for Hillside Farms on June 21, 1960, he “ * * * slipped and caught his foot between [a] pulley and [a] chain of [a] conveyor” inst...
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The minor plaintiff, Daniel Brunet, through his father, Ira Brunet, instituted this action for damages against P. F. Harris Manufacturing Company and its product liability insurer, United States Casualty Company, for injuries alleged to have been caused by the ingestion of poisonous tablets manufactured by P. F. Harris Manufacturing Company, and commonly known as “Harris Famous Roach Tablets.”
Thi...
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This action was ordered submitted on the record and the briefs of the parties after a trial to the Court. The findings of fact rendered from the bench at the conclusion of the trial, plus an additional finding (number 7, infra) upon which the Court reserved a ruling, are as follows :
FINDINGS OF FACT
1. The plaintiff, Koehring Company, is the successor to Hydraulic Press Manufacturing Company, an ...
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This is an action under 42 U.S.C. § 405(g) of the Social Security Act to review the final decision of the Secretary of Health, Education, and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S.C. § 416 (i) and for disability insurance benefits under 42 U.S.C. § 423, and the jurisdiction of this court is limited to a determination of whether that decision wa...
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This action arises under the Civil Rights Act, 42 U.S.C.A. § 1983: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, ...
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The petition for writ of habeas corpus filed in this case tests the validity of a judgment of the United States District Court for the Eastern District of Kentucky entered May 8, 1962. After hearing, that court found that petitioner was so mentally incompetent as to be unable to understand the proceedings against him or to otherwise assist in his defense. Petitioner accordingly was committed to th...
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This matter comes before the Court on Defendant’s motion to dismiss, and motions for summary judgment filed by both Plaintiff and Defendant. The *767three motions were argued and taken under advisement. Railway Express Agency, Plaintiff herein, filed an original complaint seeking a declaratory judgment and injunctive relief against J. Edward Day, Postmaster General of the United States, alleging t...
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Stanley Pitchcuskie, relator herein, confined in the State Correctional Institution at Philadelphia, filed in this Court a petition for writ of habeas corpus, in which he averred that he had, at Docket No. 71, September Term, 1960, Court of Common Pleas of Berks County, Reading, Pennsylvania, filed his petition for a writ of habeas corpus, contending that a sentence of ten to twenty years imposed ...
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This is an action under § 205(g), 42 U.S.C.A. § 405(g), to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s applications for establishment of a period of disability under § 216(i) of the Act, 42 U.S.C.A. § 416(i), and for monthly disability insurance benefits under § 223 of the Act, 42 U.S.C.A. § 423. Section 205(g), which authorizes judicial review o...
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This is a declaratory judgment action filed by The Travelers Indemnity Company to determine whether there is any liability on it by reason of a public liability insurance policy, containing the uninsured motorist endorsement required by Virginia law, issued to Willie Wells Garage on March 13, 1960. The facts of the case, unlike the point of law they raise, are very clear and almost entirely undis...
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STATEMENT OF CASE This action grew out of a truck-car collision on February 25, 1960. Plaintiff was driving a loaded tractor-trailer unit on U. S. Highway 301 from Florida to Pennsylvania, which collided with a 1959 Ford Station Wagon. The collision occurred on U. S. 301 at the Rocky Mount, North Carolina Bypass. It was stipulated that the station wagon was being driven by Marcel Roger LaChanee. T...
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Plaintiffs bring this action in three counts against the United States of America for damages arising out of a collision between a vehicle driven by Frank J. Krouse, an agent and employee of the defendant, and an automobile driven by plaintiff Florence E. Bacon. The action arises under 28 U.S.C.A. § 2674 and jurisdiction exists under 28 U.S.C.A. § 1346(b).
In Count I plaintiff Florence E. Bacon de...
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These actions, which were consolidated for trial and were heard together by the court without a jury, arise out of a collision between a B & 0 train and a tractor-trailer unit which had “hung up” on one of the outside rails at a grade crossing because of the road’s steep approach to the tracks and the extremely low cleai-ance of the trailer, only 12 inches above the ground. The claims of the two p...
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In this interpleader action, one of the defendants, Grover T. Davis, Jr., has filed a motion to dismiss the complaint alleging that this Court does not have jurisdiction over the subject matter thereof. This controversy involves the distribution of a reward which was offered relative to a robbery which occurred in one of *823 the buildings of the State Capitol of West Virginia. On or about Ju...
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(sitting by designation). The plaintiff in the above case is a foreign corporation, domesticated and doing business in the State of South Carolina, and the defendant is a resident of Lee County, South Carolina, Columbia Division. This action was commenced in the Florence Division and upon motion of the defendant was transferred to the Columbia Division, in accordance with 28 U.S.C.A. § 1393, which...
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STATEMENT OF CASE This action grew out of a truck-car collision which occurred in Nash County, North Carolina on February 25, 1960. Plaintiff was owner of a tractor-trailer unit being operated by Norman E. Wisseman from Florida to Pennsylvania which collided with a 1959 Ford Station Wagon owned by Merle W. Webber. The collision occurred on U. S. Highway 301 at the Rocky Mount, North Carolina Bypas...
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This case pends on plaintiff’s motion to remand to the Circuit Court of Jackson County, Missouri, at Kansas City.
Plaintiff, a passenger in defendant Frasier’s automobile, was allegedly injured when that automobile collided with defendant Switzer’s automobile. Plaintiff and defendant Frasier are residents of Missouri; defendant Switzer is a resident of Kansas.
Defendant Switzer, the Kansas residen...
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Plaintiff, William E. Bufalino, has filed a Complaint setting forth “that the defendant, Stephen A. Teller, is sued for damages and injuries to the plaintiff through the processes of libel and slander, as will hereinafter more fully appear.” Plaintiff sets forth that he “is an attorney and counsellor-at-law” and, inter alia, admitted to practice before “the Supreme Court of the Commonwealth of Pe...
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In 1954, John Oman III, since deceased, and his brother, Stirton Oman, were successful operators of a large business in the heavy construction field with headquarters in Nashville. In that year they undertook to put the Foundation Company, a money-losing New York firm in the same field, back on its feet. Because the Omans were already in high income tax brackets, they made it a condition of their ...
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An eleven count indictment was returned against the defendants Everett A. Smith, aka “Warpy,” aka “Smitty”; Enoch F. Veazey, aka “Possum”; Abraham Kauffman, aka “Abe”; and Walter P. Groesser. Count I charges all of the defendants with violation of Section 1084, Title 18 United States Code. Counts II and III charge defendant Smith with violation of Section 1084, Title 18 United States Code. ...
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The plaintiff brought this action to recover damages for personal injuries which he alleges he sustained when a door of a railroad car, owned and operated by the defendant, fell from the car and struck the plaintiff as he was engaged in performing the duties of his employment at the railroad siding of his employer, in Havertown, Pa.
Presently before us is defendant’s motion to dismiss the action a...
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This tort action for wrongful death was filed in the Federal District Court for the Eastern District of North Carolina on the jurisdictional basis of diversity of citizenship and amount. The action was brought under a Louisiana statute, LSA-Civil Code Art. 2315, wherein there is a proviso that “the right of this action shall survive * * * for the space of one year from the death.” Defendants have ...
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This suit is the aftermath of one filed in the Circuit Court of St. Clair County, Illinois; there tried to conclusion with an appeal to the Supreme Court of the State of Illinois, which affirmed.
The judge of this court, then a judge of the Third Judicial Circuit of the State of Illinois, heard the pretrial motions in the original case entitled “Golden Kennerly v. Shell Oil Company,” Cause...
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This case is before the Court for determination of the question of its remand to the Jefferson Circuit Court from whence it was removed to this Court as a controversy between citizens of different states and involving an amount in excess of $10,000.00.
The petition for removal did not allege citizenship arising from the state of defendant’s incorporation nor the location of its principal place of ...
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The original complaint was brought by Alton F. Greenawalt, an employee of the Reading Company, and alleges a cause of action against said company under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. for personal injuries sustained while in the course of his employment with Reading Company in its yards at Reading, Pennsylvania, on June 7, 1960. Shortly after the filing of this compl...
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This is an application by the Government under Rule 14 of the Federal Rules of Criminal Procedure for a severance and separate trial of the offenses set forth in Counts 1, 2 and 4 of the indictment on the ground of prejudice, citing in support thereof, United States v. Dioguardi, D.C.N.Y.1956, 20 F.R.D. 10. The offenses described in all counts of the indictment are parts of the same transaction an...
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(sitting by designation). The above case is before me upon the motion of the defendant “to have the service of process on the Defendant in this action quashed on the ground that there has been no service of process on the Defendant in that the Defendant is a corporation organized and existing under the laws of the State of Indiana, and it is not engaged in business in the State of South Carolina, ...
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On May 15, 1962 the petitioner filed a petition under Section 2255 of Title 28 U.S.C.A. to vacate a sentence of ten (10) years imprisonment imposed upon him by this court on May 12, 1959 for violations of 18 U.S.C.A. § 2421 and for leave to prosecute said petition in forma pauperis on the ground that the petitioner was insane at the time of his trial and conviction. Leave to prosecute the cause in...
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Page 3579
The above entitled cause came on regularly for trial, and the Court having duly considered the evidence and being *22 fully advised in the premises now finds the following: FINDINGS OF FACT 1. The plaintiff is a corporation organized under and by virtue of the laws of the state of Connecticut, with its principal place of business in Connecticut and not in the state of Kansas, but being auth...
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This action is brought to review the decision of the Appeals Council of the Social Security Administration denying a request for review of a decision rendered by a hearing examiner of the Office of Hearings and Appeals, Social Security Administration, Department of Health, Education, and Welfare wherein plaintiff’s claims for the establishment of a period of disability and for disability benefits ...
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On February 28, 1957, William W. Simms, Jr., was killed when he was struck by a bucket of cement which was being lowered into an excavation site at Broad and Spring Garden Streets, Philadelphia, Pennsylvania. Simms was an employee of John McShain Company, the general contractor. The crane lowering the bucket was owned by Robert Hawthorne, Inc., and had been leased to Mc-Shain together with the cra...
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The United States has brought this action for damages to recover for the loss of certain timber alleged to have been taken from public lands situated in Del Norte County, and within the territorial jurisdiction of this Court. Legal jurisdiction of this Court is predicated on Title 28 U.S.C. § 1345. The Government contends that it has been damaged in the amount of $27,933 by such loss, and is br...
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This case comes before this court in admiralty, as a result of a collision on May 17, 1960, on the Ohio River between a boat going downstream pushing thirteen coal loaded and seven unloaded barges, and a stationary seven-piece dredging operation.
It is based upon a libel and cross-libel for damages to marine equipment resulting from the collision. Charles Zubik & Sons, Inc., libellant, is a corpor...
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The above-entitled action was tried to the Court on August 21 through August 23, 1962. The Court now finds the facts and concludes as follows:
I.
THE PLEADINGS AND ISSUES
The action seeks damages for injury to property resulting from contamination and pollution of a stream and from alleged flooding of the plaintiffs’ lands as a result of failure to contain mine tailings ponds.
...
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This is a libel against libelee, one solid gold object in the form of a rooster, brought pursuant to the provisions of Title 31 U.S.C.A. § 441-446 (Gold Reserve Act of 1934). Trial having been had on the pertinent issues, a jury verdict was returned in favor of the claimant, Richard L. Graves. The Government (libelant) now moves for judgment notwithstanding the verdict, or, in the alternative, for...
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This is an action brought by Paul Steiner, a Pennsylvania citizen, against Dauphin Corporation (Dauphin) which is a holding company incorporated during' 1959 in the State of Delaware. The suit is based on an alleged breach of contract. There is diversity and the amount in controversy exceeds the jurisdictional requirement.
Suit was instituted on August 24, 1961. Subsequently the plaintiff ...
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Page 3587
Plaintiff invoked the diversity jurisdiction in this suit. The cause of action is based on the sale of building materials to the general contractor for the erection and construction of a new senior high school building for the Butler Area Joint School Building Authority as owner. Plaintiff sold the material to William F. Sutter, trading as Sutter Lumber Company, general contractor. As principal, h...
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This is an action brought by plaintiffs for the alleged wrongful death of their minor daughter. Jurisdiction is based on Chapter 171 of Title 28 U.S.C. and on Section 1346(b).
On June 7, 1959, defendant owned the recreation area at Lake Hasty near the John Martin Dam in Bent County, Colorado. Defendant had leased the area to the Southeastern Colorado Recreation Association. A part of Lake ...
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This is a motion> under 28 u.S.c. § 2255> to vacate a sentence of life imprisonment for the crime of rape imposed upon the petitioner, Thomas Hayes, on December 22, 1955. No appeal was taken from the judgment. Jurisdiction of the federal court was based on the fact that the offense was committed on the Fort Bragg military reservation on lands under the exclusive or concurrent jurisdiction of...
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Page 3590
Preliminary Statement The plaintiff, a New York corporation, is a distributor of vacuum cleaners and sewing machines. The defendant operated a bonded warehouse at Clearwater, Florida, at the place of business of one Howard K. Ewing (Howard the Trader), who sold merchandise by means of auction sales which were regularly held and extensively advertised. Plaintiff stored its merchandise in defendant’...
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These three separate applications were filed in this Court against these registrars under Title 3 of the 1960 Civil Rights Act of the United States for the inspection of their registration and voting records in their respective counties in Mississippi. The substantial identity of questions involved entailed a consolidation of these cases for trial. The Attorney General of the United States hand...
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On January 5, 1955, plaintiff, then 52 years of age, suffered a fall in defendant’s department store. On January 3, 1957, she filed her complaint charging defendant with negligence. At the conclusion of a five day trial and after deliberating ten hours, the jury found for the plaintiff and awarded her damages in the sum of $10,000.00.
She has a lengthy history of illness and one serious injury fro...
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STATEMENT OF THE CASE
This case was removed from the State Court and was tried in this court without a jury. The jurisdictional basis is diversity of citizenship, the plaintiff is a citizen of Iowa and the defendant is a corporation, incorporated under the laws of New York. The amount in controversy exceeds f10,000, exclusive of interest and costs. Plaintiff asks for damages accruing to hi...
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On March 15, 1961, the plaintiff filed its complaint in the Sebastian Circuit Court, Fort Smith District. In due time the case was removed to this court by the defendant.
The plaintiff seeks to recover judgment against the defendant under the provisions of a Comprehensive Dishonesty, Disappearance and Destruction Policy, issued by defendant effective February 1, 1959, for loss of money and...
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At the request of plaintiff’s counsel, defendants’ counsel voluntarily surrendered possession of a written contract between the two corporate defendants to enable plaintiff’s counsel to have an examination of the contract document made by an examiner of questioned documents. No attempt was made by defendants’ counsel to condition delivery of the document upon a promise by plaintiff’s counsel to fu...
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This is an action to recover damages for personal injury allegedly inflicted on August 12, 1959, while plaintiff was trying to lift his automobile bumper which had become hooked over a fire plug situated in defendant’s parking lot. The jurisdiction of this court rests upon diversity of citizenship. The defendant railroad has moved for summary judgment on the ground that plaintiff relieved defendan...
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At the trial of.this diversity action, the jury returned a verdict in favor of the plaintiff, George F. Kim, and against the defendant, Michigan Ladder Company (Michigan), in the sum of $10,-000.00, and a verdict in favor of Michigan as third-party plaintiff and against Keystone Floors, Inc. (Keystone), Kim’s employer and the third-party defendant, for contribution to the extent allowed by law. Ju...
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Plaintiffs, on July 19, 1962, instituted this suit as a class action, as citizens and residents of the Village of Avon in Dare County, North Carolina, against the defendant Grygiel, charging him in his official capacity as District Engineer for the Corps of Engineers in the United States Army Engineer District at Wilmington, North Carolina, with arbitrary and capricious conduct, in that he is abou...
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On July 23, 1962, the plaintiffs commenced this action in the Sebastian Chancery Court, Fort Smith District. Service of process was had upon the corporate defendants on July 25, 1962, by service upon Clint Jones, State Securities Commissioner and agent for service. '
On August 10, 1962, the defendants Affiliated Fund, Inc., National Securities and Research Corporation, and Incorporated Income Fund...
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The defendant Jose Enamorado Cuesta has been charged by the Grand Jury of this District with contempt of Congress. The indictment alleges in substance that the Committee was duly authorized by Congress to conduct certain inquiries, including the following: “entry and dissemination in Puerto Rico of foreign Communist Party propaganda; receipt of information relating to persons engaged in foreign tr...
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This is an action by plaintiff, a nineteen year old negro resident of Charleston, South Carolina, against defendants, seeking a permanent injunction enjoining the defendants from denying him admission to The Clemson Agricultural College of South Carolina solely on account of his race.
The suit was commenced on July 7, 1962. On the same date the plaintiff filed a motion for preliminary in junetion ...
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This is a suit by a Delaware corporation against the City of New Orleans for damages and attorneys fees for the alleged wrongful taking for public street purposes property claimed to be owned by plaintiff in that municipality. The City defended on the ground that the property involved was already in public use at the time it was alleged to have been wrongfully taken for street purposes ; that a ta...
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Libelant, a citizen and resident of the Kingdom of Greece, who apparently has now returned to that country, was engaged on February 7, 1961, at Piraeus, Greece, to serve as a seaman aboard the
*426
SS CASPIANA, a vessel of Greek registry, carrying the Greek flag, at which time he signed an agreement to litigate-any claims growing out of his employment in the law courts of Greece, a...
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This matter is before the Court on plaintiffs’ motion for a preliminary injunction to restrain the practice of segregation of races in certain restaurant, bar and lounge facilities at the Moisant International Airport. Opposition to the motion has been filed by defendants, The City of New Orleans, and its Mayor, O. L. Sands, the manager of the airport, the New Orleans Aviation Board, its chairman ...
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This action was brought by the Bank as the insured, under a Bankers Blanket Bond issued by the defendant, to recover losses sustained by it as the result of a series of loan transactions.
This case was tried before the Court sitting with a jury, but at the close of all the evidence, the attorneys for both plaintiff and defendant agreed that the demand for a jury trial had at that time become unnec...
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Page 3607
Plaintiff, a citizen of Tennessee, seeks to recover for personal injuries received from an automobile collision alleged to have resulted from the negligence of the defendants who are citizens of Cumberland County in the Eastern District of North Carolina. Jurisdiction is obtained through diversity under Sec. 1332, Title 28 U.S.C. The amount sought as a recovery is $25,000. A jury trial was waived ...
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June 3, 1960, Pauline Mitchell McDaniel, who had legally adopted Joyce McDaniel Shore, plaintiff here, died leaving a purported last will and testament bequeathing her immovable property to plaintiff and Joseph Clarence Mitchell. In consideration of a renunciation of any claim under the will by Mitchell, plaintiff agreed to sell the property after she had inherited it in full, and had been placed ...
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This is an action filed by the Prudential Insurance Company of America, a New Jersey corporation, under the provisions of the Interpleader Act, §§ 1335,
*466
1397, and 2361, Title 28 U.S.C.A. The defendants, formerly wife and husband and now divorced, are Elno Shawver, a citizen of Missouri, and Len L. Shawver, a citizen of Arkansas. The amount involved exceeds $500 exclusive of in...
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The above cases were consolidated for trial and disposition. The actions in each instance are on behalf of the plaintiffs for themselves and others similarly situated as taxpayers and qualified voters of the State of Colorado.
In Civil Action No. 7501 it is alleged that the plaintiff is a property owner and a registered voter who resides in Denver. He seeks to compel certain state officers...
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Petitioner, who is currently serving a life sentence on a conviction of first degree murder, alleges a deprivation of his right to due process under the Fourteenth Amendment to the Constitution of the United States, and asks that this Court issue a writ of habeas corpus pursuant to 28 U.S.C. § 2254, 62 Stat. 967.
It is alleged that perjured testimony was deliberately used by the prosecutor in peti...
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This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. This final decision was rendered on June 20, 1960, by a Hearing Examiner; the Appeals Counsel having denied plaintiff’s request for review. This final decision holds that the record is bare of such information upon which a conclusion...
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This action is brought under Sec. 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), whereby the plaintiff, after having exhausted all administrative remedies, seeks judicial review of a final decision of the Secretary of Health, Education and Welfare, denying plaintiff the old-age insurance benefits for which she had applied.
Plaintiff, Caroline O. Clark, filed an application f...
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The United States has moved for judgment in accordance with its prior motion for directed verdict. It now contends that it established a prima facie case by showing that between 1953 and 1955 the defendants (hereinafter referred to as “Millsaps”) executed the four promissory notes in issue and that there was an unpaid balance due on said notes. They conceded that they executed the notes in the ...
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This is an action of contract growing out of the construction by the plaintiff of approximately eleven miles of the Maine Turnpike.
After an informal pre-trial hearing, counsel, whom I found most cooperative in this and in every other respect, filed a 31-page stipulation of facts which the Court adopted as its then pretrial order, subject to such modification as might be necessary to prevent manif...
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This is a habeas corpus proceeding prosecuted in forma pauperis by Lonnie Mitchell, a male Negro, who in 1959 received a death sentence from the Circuit Court of Union County, Arkansas, following his conviction of having raped a 77 year old crippled white woman. The conviction was affirmed by the Supreme Court of Arkansas. Mitchell v. State, 230 Ark. 894, 327 S.W.2d 384. No application for certior...
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This is an action brought under the Declaratory Judgment Act (28 U.S.C.A. §§ 2201-2202), in which the plaintiff asks this Court to “determine its liability” under its automobile liability insurance policy issued to'the defendant Stewart F. Thacker covering the operation of his 1959 Edsel automobile. The policy contains an uninsured motorist endorsement. On March 31, 1961, while the said policy of ...
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These are motions by the plaintiff and the defendant Luckenbach Steamship Company, Inc. (hereinafter “Luckenbach”) to remand this case to the New York State Supreme Court whence it was removed on the petition of the third-party defendant, Fireman’s Fund Insurance Company (hereinafter “Fireman’s”).
Plaintiff, a New York law firm, sued Luckenbach in the New York Supreme Court to recover lega...
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The defendant moves under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment in his favor. This is an action under Section 205(g) of the Social Security Act (Title 42 U.S. C.A. § 405(g)) to review and reverse the decision of the defendant denying him childhood disability insurance benefits under Section 202(d) of the said Act (Title 42 U.S.C.A. § 402(d)). I have rea...
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In a seven-page memorandum-decision and order dated September 1, 1960, I denied without a hearing a petition filed by Martin for a writ of habeas corpus. (D.C., 187 F.Supp. 395). As expressed in the decision, I granted therein without further application a certificate of probable cause to review such denial because of the many imponderables and immense variety of viewpoint expressed by the federal...
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This action was begun in the Circuit Court for Lewis County, Kentucky in April 1962 to recover amounts alleged to be due as benefits under a disability insurance policy issued by defendant and amounts paid to defendant by plaintiff as premiums on two life insurance policies which contain provisions for the waiver of premiums in the event of disability. The complaint also seeks a declaration tha...
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This is a suit to enjoin certain New Jersey law enforcement authorities from proceeding under the law of that State against a book titled “Tropic of Cancer". The principal plaintiff is the book’s publisher who advertises its book on the cover page of same as “ * * * an unbridled obscenity which it is”. We do not reach the question of whether that deliberate statement is true because, as will appea...
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The plaintiff in this action is the wife of Clarence Criqui who was injured while working on the construction of a missile base in Coffey County, Kansas. Clarence Criqui has received an award under the Kansas Workmen’s Compensation Act for his injuries. His wife seeks now to recover for loss of consortium allegedly attributable to the same injuries. Defendant, Blaw-Knox Corporation, the prime cont...
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This is a motion for transfer brought by the plaintiff under the provisions of 28 U.S.C.A. § 1404(a) which are as follows: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Defendant resists the motion primarily on the basis that the proposed transferee distr...
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Libelant filed a libel in personam for wages and for maintenance and cure, alleging that while employed on respondent’s vessel, “E. A. JUDD”, a sea-going tug, he sustained an injury described as an inguinal hernia. The facts of the case are not in dispute; and it has been stipulated that maintenance is to be computed at the rate of $8.00 per day. It appears libelant was employed as a cook on respo...
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Petitioner is presently confined in the New Jersey State Prison at Trenton, owing to his guilty plea on a charge of robbery before Judge Foley in the Essex County Court on May 2, 1955. Judge Gaulkin imposed sentence on May 11, 1955. Although McAllister thereafter failed to appeal his sentence, he did make application for a state writ of habeas corpus before the Honorable James R. Giuliano, Essex C...
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This is an action by the plaintiff, Bruce P. Ollis, under Section 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g) ) in which he seeks to have reviewed the final decision of the Secretary of Health, Education and Welfare denying his claim for a period of disability and for disability insurance benefits under 42 U.S.C.A. § 416 (i) and 42 U.S.C.A. § 423(a). The plaintiff filed ...
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This libel of the Lehigh Valley Railroad Company, as owner of the barge known as the Lehigh Valley No. 357, seeks recovery against the tug Blackjack 21, and the tug Peter Moran, and against John J. Reichert, Reichert Towing Line, Inc., and Tug William J. Moran, Inc., and Moran Towing & Transportation Company, as respondents, for damage sustained to the said barge Le-high Valley No. 357 on Septembe...
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Marcel R. LaChance and Merle W. Webber, Jr., third-party defendants herein (sometimes referred to as LaChance and Webber), have filed motions to quash the service of process on them and to dismiss for improper venue the third-party complaints. They are the driver and owner respectively of a station wagon which, in February 1960, in North Carolina, collided with a tractor-trailer owned by defendant...
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This is a petition pursuant to Section 405(g) of Title 42 U.S.C.A., to review a final decision by the Secretary denying disability benefits under the Social Security Act. Plaintiff filed an application to establish a period of disability on September 18, 1956, and an application for disability benefits on November 7, 1958. The action originally came before the Honorable C. C. Wyche, United States ...
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On June 20, 1962 the plaintiff, William Fisher, filed a complaint in this Court against The City of New York, seeking damages for his alleged wrongful conviction in the Court of General Sessions of New York County and his subsequent eleven-year incarceration. The complaint alleges jurisdiction in this Court under 28 U.S.C. § 1343 which plaintiff contends authorizes his claim against the City for d...
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This is a proceeding under the Declaratory Judgments Act, 28 U.S.C.A. § *6842201. The requisite diversity and jurisdictional amount are present. Plaintiff United Services Automobile Association, hereinafter referred to as United, seeks a declaration of the rights and liabilities of defendant Great Northern Insurance Co., hereinafter referred to as Great Northern, in regard to a policy of automobil...
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At the trial of this action, the defendant moved for a directed verdict in her favor. The Court reserved decision on the motion and submitted the case to the jury. The jury returned a verdict in favor of the plaintiffs, after which the defendant made a motion that the verdict be set aside and that judgment be entered in her favor, or in the alternative that a new trial be granted.1
*709The entire ...
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The motion of the defendant National Equipment Rental, Ltd. requesting that the action arising from the amended complaint of July 19, 1962, herein, be dismissed because (1) this Court has not acquired personal jurisdiction over said defendant inasmuch as it has been summoned through an alleged agent which is not such; and (2) the proper venue in this action is not Puerto Rico, but either Delaware,...
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S. A. AIsup, a resident citizen of Mobile County, Alabama, files a petition seeking a declaratory judgment and injunctive relief against the defendants, Roy Mayhall, as Chairman of the Democratic Executive Committee for the State of Alabama, Bettye Frink, as Secretary *714 of State for the State of Alabama, and MacDonald Gallion, as Attorney General for the State of Alabama. To the petition, ...
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The defendant Great Western Distributing Company of Borger, Inc., a Texas corporation, has moved to quash the return of service of additional summons and amended complaint: first, on the grounds that the defendant is a Texas corporation and was not doing business in Colorado on February 7, 1962, or at any time material to the pending action and that it is thus not subject to service of process wit...
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A recovery herein is sought on three promissory notes made payable to plaintiff, which were executed October 1,1958, by defendant. These have a total value of $10,500.00 and represent part of a group of renewal notes, some of which have not yet matured. Defendant does not deny the execution of the notes but contends that the original transaction giving rise to the signing of the present renewal no...
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This is a second repetitive petition for ¡habeas corpus by a Maryland State prisoner. The first petition was dismissed by Chief Judge Thomsen on January 25, 1962 on the ground that the petitioner had not exhausted his remedies under Maryland law by his failure to apply for appeal from an adverse decision against him on a post conviction hearing before Judge Cardin, Associate Judge of the Supreme B...
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This is an action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g) to review a final decision of the Secretary of Health, Education, and Welfare. On January 26, 1960, plaintiff filed an application for a period of disability and/or disability insurance benefits, stating that he first became unable to work on July 10, 1958, due to arthritis, asthma, and heart troubl...
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Robert F. Rubley sued Louisville & Nashville Railroad Company to recover damages for “industrial deafness”. His action was based upon alleged violations of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The case was tried to a jury and resulted in a verdict in favor of plaintiff for $8,500.00.
Defendant has moved for a judgment notwithstanding the verdict of the jury, or in the alt...
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This is a diversity action brought under section 1332(a) (1) of Title 28 United States Code, by the widow and minor children, Indiana citizens, of Carl J. Mitseff, deceased. At the time of his death, decedent was employed by Charles T. and Madeleine B. Knowe, Illinois citizens and impleaded third party defendants, who do business as Peter Knowe & Sons. Peter Knowe & Sons, and decedent its emplo...
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These two suits are actions for alleged wrongful death of two men who were electrocuted when the television antenna which they were attempting to install on a roof came in contact with a high voltage power line. The accident occurred upon March 17, 1960 at McMinnville, Tennessee. It was originally alleged that both the Tennessee Valley Authority and the McMinnville Electric System were responsible...
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This is a motion by the defendant in a criminal case to vacate the judgment of conviction and set aside the sentence under 28 U.S.C. § 2255 on the alleged grounds that he was “psychotic and mentally incompetent before, during and after his trial and sentences were imposed upon him in this Court on April 29, 1958.” The defendant was indicted in a two count Indictment charging escape from the Federa...
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The above case was tried before me and a jury and resulted in a verdict for the plaintiff for $5,000.00 actual damages.
At the conclusion of the testimony, I directed a verdict for the plaintiff on the issue of liability, leaving to the jury to determine the amount of actual damages to be awarded to the plaintiff.
The case is now before me on motion of the defendant “to set aside the ...
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In this case the plaintiff alleges “That the Plaintiff is a non-resident of the State of South Carolina, residing in the City of Orlando and State of Florida. That the Defendant, Mrs. Mary Pickens, is a citizen and resident of the County of Oconee in the State of South Carolina.” And, there is no allegation in the complaint of the jurisdictional amount in the form and manner prescribed by the Rule...
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This is an action of contract in which the complaint alleges the following facts. On March 9, 1953, the parties executed a sealed contract under the terms of which the defendant, M. Spinelli & Sons Co., Inc. (Spinelli), agreed to construct, and the plaintiff, The Adley Express Company (Adley), agreed to pay for, a motor freight terminal in Cambridge, Massachusetts. The complaint recites Adley’s fu...
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On March 28, 1962, petitioner filed his application for a writ of habeas corpus alleging that he is being unlawfully detained and deprived of his liberty by respondent herein. The record discloses that on January 21, 1959, following the petitioner’s plea of guilty to' two charges of unlawfully, feloniously, and wilfully stealing automobiles, the District Court of Reno County, Kansas, sentenced thi...
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Defendant Ivory Parker, also known as Andy Parker, and one George C. Desmond, were found guilty on June 20, 1962, after a trial by jury, under a two-count indictment. The two counts respectively charged violation of 26 U.S.C. 4705(a) and 21 U.S.C.A. § 174. Defendant was sentenced on each count to the mandatory minimum sentence of five years, the sentence on Count Two to be served concurrently with...
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The above case is before me upon motion of the defendant “to enter Summary Judgment for the Defendant in accordance with the provisions of Rule 56 (b, c) of the Rules of Civil Procedure, 28 U.S.C.A. on the ground that the pleadings, the Affidavit hereto attached, the copy of the Complaint in Civil Action No. 2733 in this Court and the records of the Court show that the Defendant is entitled to Jud...
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This action is based on the Federal Tort Claims Act, 28 U.S.C.A. § 1346, and is brought to recover damages resulting from an automobile accident. The primary issue to be determined is whether the government employee, Ernest E. Bell, the owner and operator of the pickup truck which collided with plaintiff’s automobile, was acting within the scope of his employment at the time the accident occurred....
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Avis, a Maine corporation, plaintiff, whose principal place of business is Massachusetts, seeks in this action to recover damages against Frank B. Charmatz, a citizen and resident of Missouri. rm, „ , * . . , . „ The amount m controversy, exclusive of interest and costs, exceeds $10,000, giving this court jurisdiction since there is diversity of citizenship and the rerequisite amount involved unde...
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These are motions by Dorsey Trailers, Inc., an Alabama corporation, and Bendix-Westinghouse Automotive Air Brake Co., a Delaware corporation, third-party defendants, to dismiss the third-party complaint, or to quash service and return of service of summons, on the ground that they are not engaged in business in Pennsylvania and are not subject to service of process within this state.
Plaintiff see...
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This diversity tort action seeking damages for the death of a seven year old girl was tried to a jury. At the close of all the evidence plaintiff moved for a directed verdict upon the ground that, as a matter of law, defendant’s evidence established negligence on his part which contributed to the happening of the accident in which the child was killed and that since the child could not be charged ...
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Under 28 U.S.C. § 2255 defendant has filed motion to vacate two concurrent sentences. The motion avers that defendant received three years sentence on each of two counts of one information, whereas, in fact, the records show there were two distinct informations filed and defendant was sentenced three years on *6each of them with the sentences to run concurrently. Defendant’s single motion will be ...
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This is a suit by Aerial Agricultural Service of Montana, Incorporated, and Wilton Richard against Underwriters at Lloyd’s, London, represented in this cause by an underwriter who voluntarily appeared for the insurance carriers concerned with this litigation.
The case was tried to the court without a jury and submitted on briefs. Simply stated, the plaintiffs seek to recover upon a judgmen...
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This suit was filed in this Court on November 6, 1959, and was tried to the Court without a jury beginning January 9 and ending January 17, 1961. The transcript of the proceedings had at the trial consists of seven volumes, totaling 1,518 pages. Numerous and extensive briefs were filed, and oral argument was heard subsequent to February, 1962.
The action was instituted by a partnership composed of...
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On December 26, 1952, defendant’s predecessor sold and delivered to Phoenix Supply Company a chain saw which it had manufactured. Thereafter (when
*67
and how is not revealed in the record) Phoenix Supply Company transferred the chain saw to Town Supply Company which, on May 25, 1960, rented it to plaintiff’s employer. On that date plaintiff was injured while using the chain saw. P...
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In this suit, the plaintiff seeks a judgment declaring his right to compensation for a decline in the value of property owned by him, said to be the result of action taken by the City of Detroit. For the purposes of this motion, the following facts pleaded in the second amended complaint are taken as true: In October, 1949, the City of Detroit initiated eminent domain proceedings in the area bo...
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Page 3659
This is an action for declaratory judgment tried by the Court. Jurisdiction is based on diversity of citizenship. The action concerns a conflict of coverage between two insurance companies as to who is obligated to defend the defendants, Tommie Drake and Frank Drake, and pay any judgment recovered against them on account of an accident which occurred on September 4, 1960, when a tractor and traile...
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In 1957 the defendant was serving a state sentence in Green Haven State Prison, Stormville, New York. While serving this sentence, he was brought before this court on December 2, 1957, pursuant to a writ of habeas corpus ad prosequendum issued by this court on October 17, 1957. On December 2, 1957 he was represented by counsel, Harry Chiert, and pleaded guilty to counts one and two of a six count...
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The defendant pleaded guilty, on October 6, 1959, to a one count indictment charging him with unlawful possession of United States mail (containing a $132 New York State Unemployment Insurance check payable to one other than the defendant) in violation of 18 U.S.C. § 1708 which prescribes a maximum sentence of five (5) years. He appeared before the court for sentence on October 30, 1959. The defen...
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Plaintiff Strauss, a passenger, was injured on May 12, 1960 when an airplane manufactured by defendant Douglas Aircraft Company, Inc. and operated by defendant Delta Air Lines, Inc. encountered turbulence over Miami, Florida. Strauss was injured when he was thrown from his seat notwithstanding that his seat belt was fastened. The complaint alleges, as the basis for recovery against Douglas, neglig...
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This matter came before the Court on the Government’s motion to dismiss or in the alternative for summary judgment. At the oral argument of the motion counsel for plaintiff agreed with the Assistant United States Attorney’s statement that there is no factual dispute involved herein. The motion will be considered by the Court, therefore, as a motion for summary judgment. The Government’s position i...
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These three cases, consolidated for trial upon plaintiffs’ motion, came on to *134be heard by the Court on April 11, 1962. Each plaintiff was at one time a licensed taxicab driver in the District of Columbia, but for one reason or another their licenses were either suspended or revoked. Pursuant to the provisions of D.C. Code, § 47-2331 (1961) plaintiffs made application for a new public vehicle o...
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United Gas Pipe Line Company, a Delaware corporation doing business in Louisiana, brought suit in the District Court for the Parish of Terrebonne, State of Louisiana, against Edgar W. Brown, Jr., a resident of Texas, and the Donner Corporation, a Texas Corporation, to expropriate their interests in certain lands in Terrebonne Parish. Plaintiff is a certificated natural gas pipeline company under t...
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The three above named consolidated cases, brought under the Federal Tort Claims Act, were tried by this court, which filed an opinion finding for the plaintiffs, and embodying its findings of fact and conclusions of law pursuant to Rule 52(a), F.R.Civ.P., 28 U.S.C.A. (Jennings v. United States, D.Md.1959, 178 F.Supp. 516). Thereafter appeals were filed by plaintiffs and cross-appeals were filed by...
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On March 24, 1961, plaintiff, a resident of Texas, brought suit in the District Court of Harris County, Texas, against Houston and North Texas Motor Lines, Inc., a Texas corporation, and Montgomery Ward & Company, Inc, a corporation organized and having its principal place of business in Illinois. The complaint alleged that plaintiff had been injured by defendants’ negligence and stated the amount...
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This action was instituted by the libellant to recover damages sustained when the claimant-respondent’s tug DOROTHY McALLISTER collided with the westerly fenders of the Atlantic Beach Bridge over Far Rockaway Bay or Inlet on the northerly side of the island of Long Beach, New York. On March 22,1960, the tug DOROTHY McALLISTER was towing the barge MONTAUK which was loaded with high octane gasoline,...
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Petitioner claims that he has been illegally inducted into the armed forces •of the United States. He asks this Court to declare that the order under which he was inducted was invalid and void, and to order his release from the United States Army. The facts have been stipulated and— with the omission of exhibits — are set out below. STIPULATION “1. Petitioner is an individual residing at 800 Lafay...
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This action arises out of the deaths of passengers in an airplane crash in Belgium. Defendant has moved to dismiss on the ground that this court has no jurisdiction of the action. The parties agree that since the airplane was on an international flight the question of jurisdiction is governed by Article 28 of the Warsaw Convention, 49 Stat. 3000: “(1) An action for damages must be brought, at t...
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All of these twenty-six cases have been brought here from various state courts by petitions for removal in which defendants sought to invoke this court’s diversity jurisdiction under 28 U.S.C. §§ 1332, 1441 and 1446.
On its own motion June 1, 1962, the court ordered all of the defendants to appear June 15, 1962, to show why the cases should not be remanded because of failure of the allegat...
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In Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), the Supreme Court of the United States held that a court such as this had the jurisdiction to and must determine whether or not the apportioning of members of a state general assembly or legislature by geographical units offends the constitutional rights of the electors of the state under the equal protection clause of the Fourte...
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This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and for an order discharging petitioner from custody on the ground that he has been punished twice upon a single conviction for a crime. Petitioner, Jerry Grabina, was convicted on May 10,1960, after a jury trial, of unlawfully possessing forged and counterfeited $100 Federal Reserve notes and of conspiracy to do so, in v...
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Plaintiffs demand judgment against the defendant insurance company for the
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sum of $77,455.00 with interest and attorney fees. Plaintiffs are engaged in the general construction business in the state of Oregon. Defendant and associated underwriters are engaged in the insurance business and are authorized to carry on an insurance underwriting business in the state of Oregon.
...
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This is an action brought by the United States of America to recover the sum of $5,881.26. The dispute arises out of a contract between defendant and Nickel Processing Corporation of New York (Nickel), interim contractor and agent for the United States. The complaint alleges that defendant and Nickel entered into a contract whereby defendant was to deliver certain railroad splice angle bars. Th...
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Motion by defendant United States of America (herein “the Government”), pursuant to Rules 15(a) and 13(g), Fed. Rules Civ.Proc., 28 U.S.C.A., for leave to file an amended answer asserting an additional defense and two cross-claims over against defendant Marrón. The motion is not opposed by plaintiffs, but is opposed by defendant Marrón. *302The complaint alleges that as a result of the negligence ...
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This has to do with a motion of the United States for a new condemnation trial. Involved here are two parcels of an overall tract described in the Declaration of Taking. What actually happened in this particular case is that the Government in its Declaration of Taking described and took a flight clearance easement when actually the facts disclosed at the trial affirmatively showed that the Governm...
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This is an action by infant plaintiffs, appearing by their parents and next friends, to enjoin defendants from operating and maintaining a racially segregated public elementary school system in the City of Englewood, and for other relief. Plaintiffs are all citizens of the United States who reside in Englewood and attend the public elementary schools of that City. All are members of the Negro r...
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In this diversity action the individual defendants have filed a motion under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to quash the service of process on the ground that the court has no jurisdiction over the person of the defendants, and that the service of process is insufficient.
Plaintiffs are citizens of and reside in the City of Erie, Pennsylvania. The individual defend...
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This case is presently before us under a defendant’s motion to dismiss the action on the ground that it is barred by the Statute of Limitations. Jurisdiction of this court is founded upon diversity of citizenship and plaintiffs seek to recover damages growing out of an accident which occurred in the State of Kentucky.
Section 2305.20 of the Ohio Rev.Code-(generally referred to as a “borrowing”' st...
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The facts in this petition for naturalization are as follows. The petitioner is a native and national of the Republic of the Philippines, age thirty-nine years,! who has been in the United States since1 July 15, 1960, when he was admitted as a temporary visitor. He filed the petition for naturalization on November 9, 1960, under the provisions of Section 324 of the Nationality Act of 1940, (54 Sta...
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This matter is before the Court for determination of the following question:
“Is the obtaining of a wholesale liquor license from the State of Colo*392rado, pursuant to CRS (1953) 75-2-18, in itself ‘licensed to do business’ within the meaning of 28 U.S.C. 1391 (c) or ‘transacting business’ as contemplated by Section 12 of the Clayton Act (15 U.S.C. 22)?”
The question arises in connection with Mot...
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The United States has filed objections to the appointment of a commission named by this Court to try the issue of just compensation to be awarded for the condemnation of the tracts involved in these proceedings. The complaint in condemnation by the United States was filed April 26, 1962, and the order of reference appointing the commission was filed the same date. The objections were filed by the ...
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Plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for partial summary judgment on the issue of liability. Plaintiff claims damages for physical injuries allegedly resulting from eating- *413 particles of glass which were embedded in food eaten by plaintiff in defendant’s restaurant. Plaintiff contends that there is no genuine issue of fact concerning t...
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Counsel for the plaintiff Jane Straub in the above stated case first brought an action in the court of common pleas for Hampton County, for Jane Straub’s husband Harold J. Straub to recover damages sustained by him in a collision alleging that the “aforesaid collision and the resulting injuries to plaintiff and his wife were due to and proximately caused by the negligence, carelessness, recklessne...
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This is an action for review of a decision of the Social Security Administration denying disability payments as provided by Section 223 of the Social Security Act as amended (42 U.S.C.A. § 423). Jurisdiction of this Court is sought to be founded upon Section 205(g) of the Act (42 U.S.C.A. § 405(g)). The Defendant has moved to dismiss on the ground that the Plaintiff has not exhausted his administr...
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The above-entitled cause is before the Court on defendants’ Motion to Dismiss, filed July 13, 1962. Defendants’ motion is now ripe for summary ruling without oral argument by reason of plaintiffs’ failure to comply with Rule 6(b) of this Court which provides as follows: “(b) Motions to dismiss, * * * shall be accompanied by a brief. An adverse party shall have 15 days after service of the movan...
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Page 3688
This diversity action by plaintiff against defendants, an unincorporated *449association,1 was tried to the court and jury at the April 1962 General Term of Court in St. Paul, Minnesota. The action sounded in tort and plaintiff claimed damages for personal injuries sustained, together with expense incidental thereto.
The jury returned a verdict for plaintiff in the sum of $11,000.00. Defendants mo...
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This matter is now before me for a determination, under the provisions of Rule 12(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A., of the sufficiency of the “First Defense” asserted in the defendant’s answer to each of the four remaining counts of the plaintiff’s complaint. As originally filed said complaint contained five counts, the fifth of which was dismissed by me upon defendant’s mot...
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This is an action for personal injuries alleged to have arisen out of an automobile accident which occurred on the evening of January 31, 1959 on Delancey Street at the foot of the Williamsburg Bridge in New York City. Jurisdiction is based on diversity of citizenship (28 U.S.C. § 1332(a)).
Plaintiff claims to have suffered a so-called “whiplash” injury when his car, which was standing still at a ...
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Walter L. Wrzesinski and Glenn A. Berg were killed instantly on March 5, 1961, when an automobile driven by Berg, in which Wrzesinski was riding, was struck by defendant’s passenger train at a crossing in the incorporated town__of Ryegate, Montana. Cause No. 334 was instituted by the administratrix of the estate of Walter L. Wrzesinski, deceased, to recover damages sustained by his widow and minor...
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This is an automobile negligence action in which plaintiff seeks to compel defendant to disclose the limits of his liability insurance policy in response to an interrogatory calling for such information.
The authorities throughout the country, both federal and state, appear to be about equally divided on the question as to whether or not disclosure of insurance coverage is a proper subject...
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This is an action brought by the United States under § 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S. C.A. § 3341 against certain articles of drugs alleged to be misbranded while held for sale after shipment in interstate commerce and thus subject to seizure and condemnation.
The action was commenced by the filing of a libel of information pursuant to § 304 of the Act, (21 U.S.C.A. § 334...
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This is an action for judicial review of a “Final Decision” of the Secretary of Health, Education and Welfare. The Final Decision of the Secretary of which plaintiff complains was rendered by the Appeals Council of the Office of Hearings and Appeals, Social Security Administration, Department of Health, Education and Welfare. The decision reversed the hearing examiner. The Appeals Council acted un...
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(sitting by designation). In compliance with Rule 46V2 of the Admiralty Rules, 28 U.S.C.A., I find the facts specially and state separately my conclusions of law thereon, in the above suit, as follows: FINDINGS OF FACT 1. Libellant Arundel Corporation is the owner of the Barge Admiral which incurred damage to a spud. The spud in question is a triple-layered fabricated steel pole seventy feet long ...
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The hearing in this case has to do with a motion filed by defendants on February 19, 1962, to dismiss the action on the ground that the plaintiff is not a citizen of the State of Virginia, but on the contrary is a citizen and resident of the State of North Carolina. It was heard at the regular July-August 1962 term in the Asheville Division.
*520The action is one in which plaintiff, Malcom M. Youn...
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This a non-jury diversity action to recover amounts allegedly due and owing plaintiff on five promissory notes executed by defendant. The substantive law of Minnesota controls disposition. Plaintiff is The Penn Mutual Life Insurance Company, a Pennsylvania-corporation. Defendant is a citizen of Minnesota. The complaint alleges that while defendant was a general agent of plaintiff, the plaintiff ma...
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This is an action by the plaintiff, Arba R. Blevins, to review a final decision of the defendant Secretary, denying the plaintiff’s application for a period of disability and disability benefits, as authorized by the Social Security Act, as amended, 42 U.S.C.A. §§ 416(i), 423. This court has jurisdiction of the action pursuant to Sec. 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). The ap...
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In this case plaintiff, who received a $25,500.00 verdict in a two-fold cause of action under legislation for the protection of railway employees, seeks a new trial upon the ground that the Court erred in failing to charge the jury to the effect that violation of an Interstate Commerce Commission regulation issued pursuant to the Boiler Inspection Act is per se a violation of the Act itself. The C...
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Plaintiff Silvernail brought suit to recover damages for personal injuries sustained on June 10, 1958 in an automobile collision on United States Route 4 near Ft. Miller Corners, N. Y. Defendant Ralph G. Nicholson was sued as executor of the estate of his wife who was the driver of the car with which Silvemail’s car collided and who was killed in the accident. Defendant Tri-State was the owner of ...
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The plaintiff, a Yugoslav seaman, seeks judicial review of the Attorney General’s order denying his application for withholding of deportation under § 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1253(h)
1
The defendant has moved for summary judgment upon the ground that there is no genuine issue as to any material fact, and that he is entitled to judgment as a...
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On March 9, 1962 the Republic of Iraq, a sovereign power duly recognized by the United States of America on or about August 2, 1958, instituted this ac
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tion by filing a complaint against the defendant First National City Trust Company, as administrator of the goods, chattels and credits of His Majesty King Faisal II Ibn Ghazi Ibn Faisal I of Iraq, deceased. In its complaint th...
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This is an application for a writ of habeas corpus claiming a violation of the relator’s rights under the Fourth and Fifth Amendments of the United States Constitution. Accordingly, the court has jurisdiction to issue the writ. Two previous applications were made to this court and both were denied on the ground that the prisoner had not exhausted his state remedies. However, since then he has exha...
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Eugene Williams is presently committed to the Farview State Hospital, a State institution for the criminal insane. He seeks to file in this Court a petition for writ of habeas corpus in forma pauperis. The State is the “parens patriae” of the insane, In re Ryan, D.C. E.D.Pa., 47 F.Supp. 10 (1942), and the adjudication and care of persons believed insane are traditionally and legally a matter of St...
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The record is before the court on two motions: (1) the defendant’s motion for summary judgment and (2) the plaintiff’s motion to remand the case to the Secretary of the Department of Health, Education and Welfare for determination of the fact of the type of work the plaintiff could do and what opportunities there were for employment for individuals who could do the type of work the plaintiff could...
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This action was brought pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g)), to review a final decision by the Secretary denying disability benefits under the Social Security Act. Plaintiff has not worked since September 10, 1958. On January 9, 1959, plaintiff filed applications for disability insurance benefits and to establish a period of disability. Plaintif...
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John Leonard Fee, an inmate of the Federal Penitentiary in Atlanta, filed a petition purporting to be a petition under § 2255 of Title 28 of the United States Code (28 U.S.C.A. § 2255) to vacate a sentence imposed upon him on October 12, 1953 in the United States District Court for the Western District of Virginia under the Mann Act and also under the Harrison Narcotic Act 18 U.S. C.A. § 2421 et ...
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The plaintiff, by verified complaint filed with this Court on March 28, 1962, seeks from this Court a decree declaring that the denial by the defendant, John Patterson as Governor for the State of Alabama, of plaintiff’s application for reappointment as a Notary Public for the State of Alabama at large deprives him of the due process of law and the equal protection of the laws guaranteed by Title ...
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This is a petition for habeas corpus by a Maryland State prisoner filed in this court on May 21, 1962. He was indicted by the Grand Jury of Baltimore City in three separate indictments for violation of the State narcotic laws. He was tried in the Criminal Court of Baltimore before Judge Joseph L. Carter and a jury, and was found guilty by the jury in each of the three indictments. Each indictment ...
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September 25, 1961, Robert Lee Thomas filed a complaint in the Jefferson Circuit Court alleging that the defendant, General Electric Company, had taken his picture contrary to his request not to be photographed. The complaint sought damages in the amount of $1.00 and an injunction against defendant’s showing, processing, or publishing plaintiff’s picture, as well as an injunction prohibiting de...
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Complainant, Patricia C. Miller, d/b/a Apex Realty Company, seeks to recover damages for alleged breach of contract from respondents, Lancer Pools Corporation and Lancer Industries, Inc. She contends that she entered into a contract with respondents which made her an “exclusive dealer” for Lancer Lifetime Swimming Pools in the “Baton Rouge, Louisiana, area”. She further contends that respondents, ...
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This case pends on motions of two defendants to dismiss plaintiff’s complaint for declaratory judgment that put in issue the actual presence of the requisite jurisdictional amount. Defendant Gayla Rae Brown, the driver of one car, was the 19-year old wife of defendant Arnold Ray Brown, who was the son of William A. and Velma N. Brown. Gayla was allegedly involved in a motor vehicle collision on Ja...
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This case raises further problems concerning the mandate of the Supreme Court in Brown v. Board of Education. 1 Petitioners, 9 Negro children, have asked this court to allow them to transfer from the all Negro Dunleith School administered by the Millside School District, to the integrated Rose Hill Elementary School which is under the jurisdiction of the Rose Hill-Minquadale School District, No...
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Plaintiff, Administratrix of the Estate of Kavanaugh E. Hickman, deceased, has sued for the wrongful death of her husband. It is alleged that Plaintiff’s decedent was employed by the Defendants, Western Heating and Air Conditioning Company, Inc., and W. S. Supply and Furnace Company, Inc., and that on July 28, 1961, while in the course of employment, Plaintiff’s decedent was killed as a result of ...
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The United States of America, by this action, seeks to enforce income tax liens against the cash surrender values of certain life insurance policies issued by Home Life Insurance Company and Franklin Life Insurance Company on the life of Lomas E. Ball, with Hattie E. Ball (mother of Lomas E. Ball) as primary beneficiary, and Mrs. Opal B. Cooley (sister of Lomas E. Ball) as contingent beneficiary. ...
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The above-named petitioner is a native and national of Italy, age 33 years, who has resided continuously in the United States since his lawful admission for permanent residence on March 17, 1955. This Petition for Naturalization was filed on April 1, 1960, under the provisions of Section 316(a) of the Immigration and Nationality Act (hereinafter referred to as the “Act”), 8 U.S.C.A. § 1427. The ex...
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On April 9, 1962, Floyd Cohen Glover and his wife, Jean Margaret Glover, filed, pursuant to 8 U.S.C.A. § 1434, a petition for the naturalization of their adopted daughter, Christine Nancy Glover. Christine was born January 19, 1958, and has resided in the United States with the petitioners continuously since her lawful admission for permanent residence on August 17, 1959. *842Shortly after the ben...
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This is a motion by plaintiff for a new trial in a negligence action in which the jury returned a special verdict. The Court entered judgment on the verdict in favor of the defendant, James Evans.
Jurisdiction is based on diversity of citizenship and the jurisdictional amount. Pennsylvania law controls.
On November 10, 1957, a car operated by Paul A. Weyand, third party defendant, collided with a ...
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The plaintiff, as authorized by Rule 23(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., brings this action for the benefit of himself and other members of his class that are similarly situated. The plaintiff seeks to have this Court declare that any statute, ordinance, custom or usage which provides for or enforces segregation of members of the Negro race in the public library system and...
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This action was brought under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare in which the Appeals Council refused to review a decision of the hearing examiner holding the plaintiff is not entitled to a period of disability under Section 216(i) of the Act, 42 U.S.C.A. § 416(i), nor to d...
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The petitioner, Gene John Woods, is a state prisoner seeking the issuance of a writ of habeas corpus. Upon receiving the petition, the court passed an order •directing the respondents to show cause why the relief prayed should not be grant•ed. Upon the filing of an answer and amended answer thereto, the court appointed counsel to represent the petition•er at a hearing on the questions raised. T...
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This case is here on appeal from the decision of the Appeals Council of the Social Security Administration that plaintiff is not entitled to establish a period of disability, as defined in section 216(i) (2) of the Act, 42 U.S.C.A. § 416(i) (2), or to the disability insurance benefits for which he applied. Both parties have moved for summary judgment. Under the provisions of 42 U.S. C.A. § 405(g),...
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Motion by plaintiffs that a judgment entered in the United States District Court for the Western District of Wisconsin be held to be res ad judicata as to the finding of causal negligence on the part of the defendants and third-party defendants.
This action is brought to recover damages for personal injuries as a result of a collision on or about August 31, 1958, on Highway 89 in Walworth ...
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This is an action to recover damages for personal injuries sustained by the plaintiff while riding as a guest passenger in the automobile of the defendant. The right to recover is governed by the South Carolina Guest Statute, Section 46-801, Code of Laws of South Carolina, 1952.
This case was tried before me without a jury.
In compliance with Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A., I fi...
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Petitioner has filed an application captioned “Vacate Sentence Writ of Habeas Corpus Title 28 U.S.C.A. 2255.” Petitioner correctly asserts that on March 6, 1959 he was sentenced under U.S.C., Title 18, Section 4208(b) and that on July 13, 1959 he was committed to the custody of the Attorney General (for a period of five years, “pursuant to U.S.C., Title 18, Section 4208(a) (2), said term of impris...
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Plaintiff herein has brought this action under the Federal Interpleader Statute, Title 28 U.SsC.A. § 1335. Plaintiff, a stakeholder of the proceeds of a life insurance policy, has been given leave to deposit the policy funds into the registry of the Court to there await disposition of the rights of the adverse claimant defendants. Plaintiff is presently before the Court on its motion for the al...
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This action was brought by three Negro citizens and residents of Jackson, Mississippi, to enjoin the alleged enforcement of certain Mississippi statutes which are alleged to be unconstitutional. The statutes sought to be enjoined are Title 11, Sections 2351, 2351.5 and 2351.7, and Title 28, Secs. 7784, 7785, 7786, 7786-01, 7787, 7787.5, Mississippi Code Annotated (1942), hereinafter referred to...
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The defendant Gary Entin moves to dismiss an indictment pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. on the ground that the two counts therein are barred by the applicable limitation period.1 The indictment was returned on March 17, 1961. The first count, a substantive count, charges the moving defendant and one Charles Javer with unlawfully receiving, concealing,...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education, and Welfare. Plaintiff seeks to establish a period of disability under 42 U.S.C.A. § 416 (i) and a right to disability insurance benefits under 42 U.S.C.A. § 423. The final decision of the Secretary was that plaintiff was not entitled to the establishment of a ...
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This case is before me upon the complaint of the plaintiff seeking a review of the final decision of the Secretary of Health, Education and Welfare, in accordance with 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), holding that plaintiff was not entitled to a period of disability and disability insurance benefits. The plaintiff filed applications to establish a period of disability ...
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This habeas corpus case is before the court on remand by the Fourth Circuit to determine whether Turner’s representation by his court-appointed counsel in the Criminal Court of Baltimore City on a charge of attempted armed robbery was so inadequate as to violate his rights under the Fourteenth Amendment. Immediately before Turner was sentenced to five years for the attempted armed robbery, he rece...
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This is an action allegedly brought under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. The defendant has filed a motion to dismiss on the grounds: that the complaint fails to state a claim upon, which relief can be granted; that the court lacks jurisdiction over the subject matter; that this is an unauthorized suit ag...
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Hazel, the petitioner in this habeas corpus proceeding, was tried on a charge of rape by the Criminal' Court of Baltimore City, three judges sitting without a jury. He was found sane and guilty as charged and on August 14, 1959, was sentenced to death. The conviction was affirmed on appeal, Hazel v. State, 221 *143Md. 464, 157 A.2d 922. His petition under the Uniform Post Conviction Procedure Act ...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision was that plaintiff ceased to be entitled to a period of disability under 42 U.S.C.A. § 416(i) and to disability insurance benefits under 42 U.S.C.A. § 423, and the jurisdiction of *163this court is limited to a determination of whether...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S. C.A. § 416(i) and for disability insurance benefits under 42 U.S.C.A. § 423, and the jurisdiction of this court is limited to a determination of whether that decisio...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education, and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S.C.A. § 416(i) and for disability insurance benefits under 42 U.S.C.A. § 423, and the jurisdiction of this court is limited to a determination of whether that decisi...
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On February 7, 1961, plaintiff, afterward called “Ralston”, recovered a judgment in this court against defendant, afterward called “Como”. On February 21, 1961, writs of garnishment were issued at the instance of Ralston to a number of garnishees and these writs were served shortly thereafter. On the return date of the writs of garnishment each of the garnishees, with whom we are here concerned, f...
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This matter comes before the Court on a hearing held in accordance with the opinion and order of the United States Court of Appeals for the Third Circuit, 289 F.2d 288, which reversed an order of this Court denying the petition of William Vasilick, defendant, for a Writ of Error Coram Nobis. On May 29, 1942, in the United States District Court for the District of New Jersey, Vasilick was senten...
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This is an action under 42 U.S. C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S.C.A. § 416(i) and for disability insurance benefits under 42 U.S.C.A. § 423, and the jurisdiction of this court is limited to a determination of whether that decision...
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L. E. Harmon and wife, Lola Gladys Harmon, brought a cause of action against the United States of America in the above entitled and numbered cause for personal injuries received by the Plaintiff, Lola Gladys Harmon, and for property damages to a 1948 Jeep Station Wagon owned by L. E. Harmon and wife, Lola Gladys Harmon, which personal injuries and property damages were incurred on December 2, 1953...
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The plaintiff commenced this action to recover damages for personal injuries which he sustained when a United States Army vehicle, operated by a civil employee of the defendant in its official business, collided with his vehicle, a 1957 Ford convertible, at the intersection of Sunrise Highway and Church Street, in Freeport, Nassau County, New York, at about 12:30 P.M. on March 14, 1958. Sunrise Hi...
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This case involves a second motion filed pursuant to § 2255, Title 28 U.S.C.A. Petitioner was initially sentenced by the late Judge R. Jasper Smith of this Court on January 16, 1959, on pleas of guilty to five counts of an information charging violation of § 287, Title 18 U.S.C.A. A total sentence of imprisonment for ten years was imposed, five years each to run concurrently on the first three cou...
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Plaintiff herein seeks (1) a declaratory judgment that his removal as an employee of the United States Postal Service was not in compliance with section 14 of the Veterans’ Preference Act of 1944, 5 U.S. C.A. § 863; (2) an injunction prohibiting defendants from future interference with his right to continue as a postal employee during satisfactory service; (3) an order remanding the cause to defen...
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Floyd Baptista has asked leave to file and prosecute in forma pauperis this petition for a writ of habeas corpus seeking his release from the Medical Center for Federal Prisoners, Springfield, Missouri. Petitioner makes the following averments in his petition: On July 7, 1956, petitioner was found guilty by a jury of violating some unspecified Section of Title 18 U.S.C.A. and was sentenced ...
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In December 1946 and January 1947, eight indictments were filed in the Criminal Court of Baltimore City against Joseph Hobbs, Jr. (Hobbs). Six of the indictments included counts based on the statute now codified as Art. 27, sec. 488, of the Maryland Code, 1957 ed., robbery with a dangerous or deadly weapon; in the other two the most serious offense charged was assault with intent to rob. On Januar...
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On February 15, 1962, the defendant was indicted for violating the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462(a) by failing to report for assignment to civilian work as ordered by Local Board No. 67 at Uniontown, Pennsylvania. The defendant did not report but contends that he has not been properly classified, has not been afforded due process, and, therefore, should be...
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This action is before the Court upon remand from the Supreme Court following its ruling that federal courts have jurisdiction of actions involving invidious discriminations in the distribution of state legislative seats. Baker et al. v. Carr et al„ 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663. It was specifically held by the Supreme Court (a) that this Court possessed jurisdiction of the subject mat...
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INTRODUCTION
This is an action for damages brought by Estil Orsbon against The Baltimore and Ohio Railroad Company as a result of a grade crossing accident which occurred September 3,1958, at the crossing of State Route 596 and The Baltimore and Ohio Railroad Company track in Licking County, Ohio. The action was commenced in the Common Pleas Court of Franklin County, Ohio, in February, 1960, and w...
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The petitioner, a state prisoner, filed for a writ of habeas corpus. His hand*366written petition, well-written and concise, presented two alleged federal questions not the usual run-of-the-mill type made in the numerous applications for habeas corpus filed by state prisoners in this District. For that reason I issued an Order to Show Cause, as is my practice when substance may be present, to the ...
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The Parties and, the Cause of Action
Petitioner, an inmate of the District of Columbia Jail,
1
seeks by this action a writ of mandamus or in the alternative a writ of habeas corpus. He complains of alleged religious discrimination practiced against him by the respondents. He says that his religious beliefs have been interfered with, that he has been denied religious practice...
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William D. Rine seeks his release from the custody of the respondent under a sentence and commitment for a one to ten year period entered by the Intermediate Court of Ohio County, West Virginia, March 11, 1960. Rine was born December 28, 1942, and, at all times material herein, resided with his mother in Wheeling, Ohio County, West Virginia. *381At a hearing held November 14, 1959, upon a petition...
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Plaintiff seeks damages under the Federal Tort Claims Act1 *for the death of two hunting dogs as the result of eating poisoned bait on the Henry Algra ranch in Petroleum County, Montana. The bait had been placed on the Algra property on November 11,1960, at the request of the owner, by Ralph Otterman, an employee of the United States Department of the Interior, Fish and Wildlife Service. Otterman ...
Views: 0
Mary Elizabeth Cashatt shot and killed her husband, Lola Vance Cashatt, and was subsequently convicted of voluntary manslaughter. At the time of his death, Lola Vance Cashatt was the owner of a policy of insurance issued by The Life Insurance Company of Virginia under which Mary Elizabeth Cashatt was the primary beneficiary and the insured’s children, Donna Lynn Cashatt and Randall Keith Cashatt,...
Views: 2
Frederic Arthur McCall was seriously injured on November 8, 1958 at the United States' Naval Base at Norfolk. At the time he was living on the Base with his parents and younger sister, his father being a Captain in the Navy who was stationed on the Base. Frederic was then eight or nine years old (the complaint and the testimony are not in accord as to the exact age). On the morning of that day ...
Views: 0
1962 U.S. Dist. LEXIS 3759: Lowe's North Wilkesboro Hardware, Inc. v. Fidelity Mutual Life Insurance
Page 3759
The defendant moves for summary judgment on each of the three causes of action asserted by the plaintiff in its complaint. Plaintiff concedes that defendant’s motion should be granted as to the first cause of action but resists the motion on the second and third causes of action. We are of the opinion that defendant’s motion for summary judgment should be granted as to the second cause of action b...
Views: 0
Dauphin Corporation alleges defendants Sentinel Alarm Corporation, Ed
*433
ward J. Lavino, and James J. Davis have committed fraud under the Securities Acts of 1934 (Rule X-10B-5) and, alternatively, under the Securities Acts of 1933. The crux of plaintiff’s claim is that it was induced by alleged untrue and misleading statements of material facts and non-disclosures on the part of...
Views: 1
This action, maintained under Sec. 405(g) of Title 42 U.S.C.A., seeks judicial review of a final decision of the Secretary of Health, Education and Welfare. It pends on plaintiff’s motion for summary judgment.
Defendant determined that plaintiff failed to establish a “period of disability” under Sec. 416 (i) of Title 42 U.S.C.A. or entitlement to disability benefits under Sec. 423(c) (3) of Title ...
Views: 0
Plaintiff brought this case under the-provisions of the Tucker Act, 28 U.S.C,. § 1346(a) (2), and the Federal Tort. Claims Act, 28 U.S.C. § 2671 et seq., alleging that by the construction of an irrigation and drainage project in the-Helena Valley in Montana through its Bureau of Reclamation, the defendant had drained some springs and in effect had deprived plaintiff of an appropriated, water ri...
Views: 0
This action was commenced under § 205(g), as amended, of the Social Security Act, 42 U.S.C.A. § 405(g) to review a decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for disability benefits. Alleging that he had been unable to work since March of 1949, because he was suffering from anthracosilicosis, plaintiff filed an application with the Social Security Administ...
Views: 1
The plaintiff filed this petition for a modification of a previous award under the Tennessee Workmen’s Compensation Law before the date of the final periodic payment in the original award of benefits, T.C.A. § 50-1025; Nelson v. Cambria Coal Company, 178 Tenn. 389, 401, 158 S.W.2d 717, 160 S.W.2d 412, 165 A.L.R. 1; memorandum opinion of this court filed February 8, 1962. The only question now befo...
Views: 0
This is a motion for summary judgment by two of four defendants. Jurisdiction is based on diversity of citizenship. For the reasons indicated below, the motion is granted as to the first and second causes of action in the complaint and denied as to the third. Plaintiff Fred S. Baum underwent surgery on April 4, 1955, for the repair of a right inguinal hernia. The operation was performed in New ...
Views: 0
For reasons hereinafter set forth, defendant’s motion to dismiss Counts I, III, and V of the information is hereby granted. Defendant is charged in a six count information with violations of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §' 301 et seq. Counts I, III and V of this information charge violations of § 402(b) (1) of the Act, 21 U.S.C.A. § 342(b) (1), which provides as follows:...
Views: 0
This is a motion by certain defendants to dismiss plaintiff’s complaint for a declaratory judgment. The plaintiff is a Maryland corporation with its principal place of business in Baltimore, Maryland. The defendants are Dr. Peter Ditoro and Dr. S. C. Mazaleski, who are physicians and citizens of Pennsylvania. The Pitts-ton Hospital, a Pennsylvania corporation, and Paul Brawer and Alfred Brawer,...
Views: 0
These cases, consolidated for purposes of trial, are presently before the Court on plaintiffs’ motions to strike paragraphs 2, 3, 4, and 5 of defendants’ answers. Due to the nature of the question of law raised by plaintiffs’ motions, it is appropriate to include an analysis of the problem and the relevant authorities. However, before doing so, a brief recital • of the salient facts is necessary t...
Views: 0
Three Negro citizens and residents of Jackson, Mississippi, brought this action to enjoin the alleged enforcement of Sections 2046.5, 2056 and 4065.3 of the Mississippi Code of 1942, Recompiled. The complaint attacks the constitutionality of said statutes. The complaint further alleges that the defendant officials of the' City of Jackson have denied plaintiffs the use of public facilities solel...
Views: 4
This matter is before the Court on the application for a writ of habeas *545 corpus filed by petitioner, Sam Naylor, who is presently incarcerated in the Louisiana State Penitentiary. He was tried before a jury in a State Court in Louisiana on an indictment for illegal possession of narcotics, and, after being found guilty, sentenced to serve ten years in the Louisiana State Penitentiary. An or...
Views: 3
The petitioner’s writ of habeas corpus, poses the question, whether the Circuit Court for the Fifth Judicial Circuit of South Dakota had jurisdiction to charge, try, convict and to sentence him for third degree burglary, SDC 13.3703 as amended, he at the time being an enrollee of the Sisseton-Wahpeton Sioux Indian Tribe, the crime having been committed on non-Indian patented land, within the orig...
Views: 1
The plaintiff brings this action for an order declaring arbitrary and capricious the Attorney General’s refusal to stay his deportation to Yugoslavia on the claim of physical persecution pursuant to section 243(h) of the Immigration and Nationality Act.1 The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. upon the ground that there are...
Views: 0
The United States brings this action against defendant railway company for alleged violation of certain orders of the Interstate Commerce Commission.
Count One alleges violation of § 136.51 which provides that a track relay shall be in a deenergized position whenever
“a train, locomotive, or car occupies any part of a track circuit, including fouling section of turnout, except turnouts of a hand-o...
Views: 0
Jurisdiction exists by virtue of diversity of citizenship in that plaintiff is a citizen of the state of Mississippi and defendant is a citizen of the state of Alabama and the amount sued on exceeds the sum of $10,000 exclusive of interest and costs. Mrs. Roberts first visited Dr. Wood in 1953 at the suggestion of her family doctor in Mississippi. It was then determined that plaintiff had a dif...
Views: 1
This is a motion by the defendant, Chrysler Corporation, to dismiss the complaint under Rules 12 and 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A. § 2072, on the ground that the issues involved herein were previously determined in a prior action instituted in a State Court of New York and that the doctrine of res judicata applies to operate in bar of the present cause of action.
The pla...
Views: 0
This action was brought under the Social Security Act for judicial review of a decision rendered by a hearing examiner of the Office of Hearings and Appeals, Social Security Administration, Department of Health, Education, and Welfare wherein plaintiff's claims for the establishment of a period of disability and for disability benefits were denied. Request for review was denied by the Appeals Cou...
Views: 0
This is an action filed by the United States to reduce to judgment income tax deficiencies of two- of the defendants and to foreclose income tax liens on certain property of those defendants. The trial was had before the Court without a jury, and this memorandum decision has been prepared and filed in lieu of findings of fact and conclusions of law. It appears that the defendant taxpayers, Lonn...
Views: 2
On January 30, 1962, this Court handed down an opinion, 201 F.Supp. 804, denying a motion to vacate sentence under 28 U.S.C.A. § 2255 on the basis of Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417. On February 27,1962, petitioner filed a new motion under 28 U.S.C.A. § 2255 seeking that sentence be vacated “because of the trial judge’s failure to afford petitioner an opportunity t...
Views: 0
Movant, Theodore Green, incarcerated in the Federal penitentiary at Alcatraz, California, has filed a motion under 28 U.S.C.A. § 2255 to vacate and set aside his conviction and sentence, on the ground that the conviction was obtained in violation of law because the Assistant United States Attorney who prosecuted the case “remained silent when he well knew that the Government witness, Bistany, was ...
Views: 2
The United States instituted suit in April 1961 alleging that the Registrar of Voters for East Carroll Parish discriminated against Negro citizens who applied to register to vote in the parish. May 30, 1962, the Court entered judgment in favor of the plaintiff. The Court found that Negro citizens in East Carroll Parish had been deprived of rights secured by the Civil Rights Act, 42 U.S.C.A. § 197...
Views: 0
The two captioned cases involve common questions of law and fact and were therefore consolidated for trial. Jurisdiction of the action by each plaintiff against the United States of America is based upon 28 U.S.C. §§ 1346(b) and 1402(b). The two main actions, therefore, were tried to the Court without a jury. Trial of the third-party action, in docket number 852-59, was severed. It involves a clai...
Views: 0
The petitioner files a handwritten application for a writ of habeas corpus that is intelligible and concise yet containing sufficient detail and index reference to legal authorities in admirable fashion to support his new contention based upon recent rulings of the New York Court of Appeals. There is also annexed an exhibit with a chronology of his numerous “court actions” since 1942 challenging a...
Views: 0
Defendant, charged in a three-count indictment for violation of 18 U.S.C.A. § 1341 (mail fraud), arising out of his participation in the activities of Free-state Savings and Loan Association, Inc., has moved for an indefinite continuance of his trial “ * * * until such time as the effect of the aforesaid recent, widespread, and highly damaging publicity has subsided and threat of the same interfer...
Views: 0
The defendant’s “Motion to Dismiss Indictment for Insufficiency and Defects in Law,” “Motion for Continuance of Trial to a Date Beyond the General Elections in November, 1962” and “Motion for Transfer of Proceedings to United States District Court, Northern District of Illinois” have been briefed, argued and submitted.
Notwithstanding a number of grounds alleged in support of the motion to dismiss...
Views: 1
The Plaintiffs instituted this diversity suit to remove as a cloud on their undivided interest in the title to twenty acres of land in Pike County an unrecorded conveyance to and adverse possession for more than ten years asserted by Parker Lewis, now n. c. m., to said lands. The Defendants Rudman and Williams live in Texas and were served with process by publication and have not answered. There a...
Views: 0
206 F.Supp. 700 (1962)
Dupuy H. ANDERSON and Acie J. Belton, Complainants,
v.
Wade O. MARTIN, Jr., Defendant.
Civ. A. No. 2623.
United States District Court D. Louisiana.
June 29, 1962.
*701 Johnnie A. Jones, Murphy W. Bell, Bruce A. Bell, Leonard P. Avery, Samuel Dickens, Baton Rouge, La., Wilmon L. Richardson, Pascagoula, Miss., Jack Greenberg, James M. Nabrit, III, New York City, Michael Melts...
Views: 4
This case involves the criminal responsibility under § 1001, Title 18, U.S.C.A., of an applicant for Christmas employment with the Post Office Department who stated that he had never been arrested, charged or held by federal, state or other law enforcement authorities for any violation of any federal, state, county or municipal law, regulation or ordinance with the exception of a traffic violation...
Views: 2
The parties to this third-party action differ as to the meaning of the word “may” in the last sentence of the following paragraph of the opinion filed by the United States Court of Appeals for the Third Circuit in this case on May 2, 1962:
“Only brief mention need be made of a minor point. Erie has objected to the award of interest on the railroad’s claim. The objection is not well taken. The limi...
Views: 0
This is an application for a writ of habeas corpus initiated by an order to show cause. The petition urges that petitioner’s constitutional rights were violated and that conviction must be set aside for three reasons: (1) his confession was involuntary, (2) the court’s instructions to the jury on the question of voluntariness were inadequate, erroneous and prejudicial, and (3) the New York procedu...
Views: 2
This Court has jurisdiction of the parties and the subject matter of this action under Title 28 U.S.C.A. §§ 2201-2. The plaintiff was a member of the Klamath Indian Tribe and is an enrollee of the later-described final tribal roll. The defendant is a national banking association with its head office in Portland, Oregon, and is acting as a trustee in the possession and management of the plaintiff’s...
Views: 0
This action was brought under the Federal Tort Claims Act. The judgment entered for plaintiff included an award of interest. The matter is now before the court upon an amended motion to retax costs and thereby to eliminate the recovery of any interest.
The court concludes that the motion is well taken and that this Judge was in error in the order entered.
It is now elementary that an award of inte...
Views: 0
This cause coming on to be heard on the government’s petition for order to show cause why the Sehlicksup Drug Company, Inc., the defendant herein, should not be punished for criminal contempt, and the Court having heard the evidence submitted thereon by the parties hereto, and having examined the written arguments and briefs of counsel, and being now fully advised in the premises, finds as foll...
Views: 1
This is a libel in rem and in personam to determine the question of liability in a collision between a tug and her tow and a work-barge anchored in Mobile River. Pursuant to the pre-trial stipulation, trial is limited to the questions of liability vel non, and limitation of liability, if applicable.
OPINION
This libel was filed by the two corporations individually and as joint venturers- Responden...
Views: 0
This is a Motion by plaintiff to Remand and by the defendant R. D. Wheelock to Dismiss. This is a personal injury action arising out of a railroad crossing accident between one of the defendant railroad’s trains and an automobile driven by the plaintiff. The action was instituted in the State District Court of Carter County, Oklahoma, on August 14, 1961. The action as filed named Gulf, Colorado...
Views: 0
This is a motion under 28 U.S.C. § 2255, in behalf of a defendant, who was convicted of murder over twenty-five years ago, to vacate the sentence on the ground that he was mentally incompetent to stand trial. On February 9, 1937, the defendant James Bostic was convicted of murder in the first degree, after a trial before the late Honorable James M. Proctor, then a judge of this Court, and a jur...
Views: 0
This case presents some aspects of the doctrine of the last clear chance. It is before the Court at this time on the plaintiffs’ motion for a new trial. The action was brought to recover damages for personal injuries sustained by a pedestrian, who claims to have been struck by the defendant’s automobile while she was walking across a street intersection. After a trial on the merits, the jury found...
Views: 1
The defendants herein, Robert E. Conlin, Martin Joseph Joyce, and John J. Mullane, were found guilty of violating 18 IT.S.C. § 659 upon a jury verdict returned on May 17,1962. The defendants were at large on $10,-000 bail until after sentences of five years each were imposed on Monday, June 4, 1962, and thereafter counsel orally moved for bail pending appeal. Counsel were directed to file a writte...
Views: 0
This is a motion for summary judgment under Admiralty Rule 58, 28 U.S. C.A. to enforce an indemnity clause of a contract between the parties for the repair of a ship. There seem to be no material facts in dispute. The Court finds that the following material facts exist without substantial controversy: 1. Libelant, a shipowner, invited the respondent, a shipyard, to bid on a ship repair job. 2. Lib...
Views: 0
The parties to the above case, having conceded that the vehicle in question was used on numerous dates and at various-times between September 1, 1959, and August 15, 1960, by Bobby Lee Moore-of Fulton County, Georgia, in violation; of the Internal Revenue laws, have admitted that the vehicle is guilty as charged in the libel. The claimant, denies, however, that it had any knowledge of such illegal...
Views: 0
On August 2, 1961, this court, after hearing, ordered that plaintiff’s motion to stay deportation and for a declaratory judgment voiding the warrant of deportation be denied. The order stated that an opinion, setting forth the reasons for the court’s ruling, would be filed at a later date. The following is that opinion: Plaintiff, an alien of the United States and a national of China, was directed...
Views: 0
In this matter, defendant on motion for summary judgment seeks dismissal of a suit for serious personal injuries sustained by plaintiff’s minor daughter growing out of an automobile accident, as a result of which a baby car seat in which the infant was sitting became dislodged from the seat of the automobile being driven at the time by plaintiff’s wife.
Defendant’s assured is the manufactu...
Views: 0
Page 3803
This matter came before the Court for a hearing on Ground One of plaintiff’s motion to vacate judgment and for a new trial, namely, that “on the basis of the affidavit of Jacob S. Kamborian attached hereto, it appears probable that the defendant improperly influenced the jury verdict,” and for argument of counsel as to the remaining grounds set out in the motion. Plaintiff called six witnesses in ...
Views: 1
The defendant corporation has moved to dismiss this action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. because the defendant was not subject to the jurisdiction of this Court. In considering this motion, the Court has reviewed the depositions of the defendant’s corporate president and its sales representative in Connecticut, the affidavit of the former, and the a...
Views: 0
On April 6, 1962, an opinion was filed, D.C., 203 F.Supp. 944, deciding that the Jones Act was inapplicable because of the absence of substantial American contacts and, further, that the Court should decline to exercise its discretionary maritime jurisdiction. Entry of a final order was postponed pending the filing of an undertaking by the ship and her owner, Eastern Star Maritima, S. A., to respo...
Views: 0
Claimant sues the Secretary of Health, Education and Welfare under the provisions of § 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to obtain a judicial review of a final decision disallowing claimant’s claim for a period of disability and for disability insurance benefits. The Hearing Examiner and the Appeals Council (the latter acting under designation of the Secretary of...
Views: 0
The facts in this matter have, in large part, been stipulated at a pretrial conference held before this court on February 5, 1962. The stipulated facts are as follows:
1. The defendant corporation is a citizen of New York State, having its offices and principal place of business in Brooklyn, New York. It is engaged in the business of manufacturing and selling air conditioning units. The plaintiff,...
Views: 0
This is a non-jury action to enforce payment of a promissory note. The plaintiff, the United States of America, is the holder of a promissory note bearing date of August 12, 1959, payable to the order of United Roofing and Construction in the amount of $4,337.46, and executed by Mychajlo Szapowal and Maria Szapowal, defendants and third-party plaintiffs.
Mychajlo Szapowal and Maria Szapowal are hu...
Views: 0
This is an action for a declaratory judgment. Jurisdiction is based on diversity of citizenship; and as the contract of insurance was written and performed in Michigan, the law of Michigan is controlling. Plaintiff, Detroit Automobile Inter-Insurance Exchange, seeks in this action to have it determined that it is not obligated to defend a personal injury action brought by a woman injured by the...
Views: 0
Plaintiff, a resident of Maryland, brought a complaint against Defendant, United Press International. Plaintiff does not allege under the laws of what state Defendant was incorporated but does allege that it maintains an office and does business in Vermont. Plaintiff further alleges that a diversity of citizenship exists.
Defendant has moved for dismissal of the action on the grounds that Plaintif...
Views: 1
This is an action asking the construction of a will and brought pursuant to 28 U.S.C.A. § 2201 for a declaration of rights. The record is before the court on the plaintiffs’ motion for summary judgment, Rule 56(a), Rules of Civil Procedure, 28 U.S.C.A.
Sarah Martha Hume executed the will in question on January 18, 1905. On December 27, 1905, she wrote a codicil'. There were no other codicils or ch...
Views: 0
This is an action of contract which is before the Court on defendants’ motion for summary judgment and on plaintiff’s motion for summary judgment as to defendants’ counterclaim.
The plaintiff, Ellis R. Feldman, doing business as Lawrence Plastic Container Company, is a resident of Philadelphia, Pennsylvania, where he has his place of business. The defendants, Jordan Birger and Marvin Birge...
Views: 2
This is a motion for a new trial filed by the United States in a condemnation proceeding in which there was a jury verdict of $69,350.00 in favor of the defendant (landowner).
Anna M. Wellenbrink, defendant, was the owner of one of several tracts of land with improvements which were taken by the United States Government for erection of the General Edwin Jadwin Dam at Dyberry Township, Wayne County...
Views: 0
Plaintiff alleges in her complaint that she “brings this action against the United States of America and the other defendants pursuant to the United States Code Annotated, Title 5, § 1009(a), and particularly against the defendant, John Cummins, under the General Equity Jurisdiction of this Court, to enjoin, set aside and annul a certain Resolution approved by Philleo Nash, Commissioner of Indi...
Views: 0
This is a suit for $2,940,000 as damages for breach of an agreement to issue and sell to plaintiffs certain debentures of defendant. Defendant moves to transfer the action to the federal court for the Southern District of California. Since the passage of the transfer statute, 28 U.S.C. § 1404(a), there have been a number of Delaware cases,
1
,
1a
yet members of the bar sti...
Views: 2
This is an action on a Standard Fire Insurance Policy removed from the State Court because of diversity of citizenship.
In the early morning hours of February 23, 1961, complainant’s home, insured by defendant, was totally destroyed by fire. Complainant sues on the policy for the loss of the dwelling, its contents, plus penalties and attorney fees. Defendant moves to dismiss on the ground ...
Views: 0
This is a petition for a writ of habeas corpus by a state prisoner. Relator was indicted for murder and at the time of trial in 1951, he entered a plea of guilty. After a hearing, a three-judge court en banc found relator guilty of murder in the first degree and sentenced him to life imprisonment. No appeal was taken at that time. A petition for writ of habeas corpus was filed in the state cour...
Views: 1
This is an action to review a final decision of the Secretary of Health, Education and Welfare, in accordance with § 205(g) of the Social Security Act (42 U.S.C.A. § 405(g)), denying the plaintiff the period of disability and disability insurance benefits for which she applied.
The plaintiff filed application to establish a period of disability and for disability insurance benefits on June 6, 1957...
Views: 0
On a motion to suppress evidence defendant seeks to exclude as evidence 95.676 grams of heroin hydrochloride in 1,764 capsules, seized from his person by federal narcotics agents on November 18, 1961. The defendant was concededly arrested without an arrest warrant and searched as an incident thereto, all of which he claims was in violation of his rights as guaranteed by the Fourth and Fifth Amendm...
Views: 0
This is an action under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. Plaintiff seeks to establish a period of disability under 42 U.S.C.A. § 416(i) and a right to disability insurance benefits under 42 U.S.C.A. § 423. The final decision of the Secretary was that plaintiff was not entitled to the establishment of a per...
Views: 0
Defendant has been charged in a two-count information with violation of 26 U.S.C.A. § 7203. Defendant filed a motion for return of property and to suppress evidence. At the oral argument of the motion, defendant through his counsel waived four of the five grounds set out in the motion and indicated that his reliance was placed on Ground 3 thereof: “The warrant was illegally and unreasonably execut...
Views: 2
This is a libel by Rederi AB Ceres, as owner of the M.S. Carina, against Boston Tow Boat Company, D. F. Callahan, an employee of Boston Tow Boat Company, and Burton H. Eddy, a Harbor Pilot, seeking to recover money damages allegedly suffered by the M.S. Carina when she touched bottom after undocking from Boston & Albany Railroad Pier No. 4, heading to sea, on November 3, 1959.
The libel alleges th...
Views: 0
The Petitioner was charged with statutory rape of an eight year old girl, and tried under the Habitual Criminal Act of Missouri, Section 556.2801 RSMO 1949, V.A.M.S. He was found guilty by a jury of the offense of “rape under the statute”. The death penalty was imposed by the court. The petitioner appealed from the judgment and sentence of the court to the Supreme Court of Missouri, and there the ...
Views: 2
. In the order setting for a hearing plaintiffs’ application for interlocutory injunction, we expressed the view that Section 2284 of Title 28 United States Code placed upon this Court the manda *247 tory duty to set the application for a hearing “at the earliest practicable day.” The same principle, together with the importance of the case and the necessity for some effective action within a l...
Views: 4
This is the second suit to be tried before a three-judge court sitting in and for the Northern District of Georgia, in which Georgia citizens seek relief from alleged unconstitutional inequalities existing under the present composition of the Georgia state governmental structure. The first suit, Sanders v. Gray, D.C., 203 F.Supp. 158, resulted in the court’s holding that the county unit system by...
Views: 3
205 F. Supp. 261 (1962)
Baldasaro PALMENTERE, Plaintiff,
v.
William J. CAMPBELL, Leroy Cox, James E. Gardiner, John C. Hockery, Gordon Kellner, Russell G. Kincaid, Alfred Lighton, Ralph G. Martin, Robert M. Rogers, Raymond Schmidt, Clarence R. Sifers, William R. Stanley, W. I. Hockaday, Robert Dowd, Don Hutson, Frank Bennett and Thomas Madigan, Defendants.
No. 13466-3.
United States District Cour...
Views: 0
This cause comes to Division No. 4 on reassignment as a result of the recent vacancy in Division No. 1. The plaintiff Lewis, who is a citizen of Missouri, and his subrogated insurer, instituted this action in the Circuit Court of Jackson, County, Missouri (at Kansas City) against Producers Cooperative Oil Mill, an Oklahoma corporation, and the St. Louis-San Francisco Railway Company (hereinafter r...
Views: 0
The defendant was indicted and tried to a jury for an alleged violation of 18 U.S.C. § 659 (possession of goods stolen from an interstate shipment). The government’s evidence showed that a certain shipment of steel shipped by motor carrier from Pittsburgh, Pennsylvania, and destined for Van Dyke, Michigan, was stolen from a highway on the outskirts of Detroit where the carrier’s trailer with the s...
Views: 0
This is an action under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. Plaintiff seeks to establish a period of disability under 42 U.S.C.A. § 416(i), and the final decision of the Secretary was that plaintiff was not entitled to such a period of disability. The jurisdiction of this court is limited to a determination o...
Views: 0
This is an action under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. That decision disallowed plaintiff’s claim for a period of disability under 42 U.S.C.A. § 416 (i), and the jurisdiction of this court is limited to a determination of whether that decision was based on substantial evidence. 42 U.S.C.A. § 405(g). The ...
Views: 0
This is a petition for Habeas Corpus filed in this Court for the purpose of drawing into review the conviction and sentence of the petitioner in the Superior Court of Delaware upon a charge of numbers writing.
On October 29, 1959, the vice squad of the Wilmington Police force employed an informer to go in a small store in that city and place a lottery policy or “numbers” bet, with the petitioner. ...
Views: 0
Eugene Smallwood, the petitioner, was found guilty of rape in the Circuit Court for Charles County, Maryland, and on May 22, 1957, was sentenced to life *326 imprisonment. After exhausting his State remedies he filed his third petition in this Court for a writ of habeas corpus and alleged facts which impelled the court to issue the writ and to appoint counsel. Through his counsel Smallwood cont...
Views: 3
This is a Section 2255, Title 28 U.S.C.A. proceeding. 1 Leave to proceed in forma pauperis is granted. Petitioner’s application for habeas corpus and his invocation of F.R.Crim.P., Rule 35, 18 U.S.C.A., must be laid to one side. The motion procedure provided in Section 2255 must be exhausted before an application for habeas corpus may be entertained. The last paragraph of that section expre...
Views: 0
Page 3835
This case is before the court upon plaintiff’s motion for summary judgment in its favor dismissing the defendants’ defense of set-off based upon an oral agreement of compromise and settlement, on the ground that there is no genuine issue as to any material fact and that the plaintiff is entitled to a judgment as a matter of law.
Plaintiff filed its complaint on December 13, 1961, containing three ...
Views: 0
In this action Socony Mobil Oil Co., Inc., plaintiff, brought suit against defendant, George E. Klapal, to recover on account for materials furnished in the nature of fuel oils, gasoline, grease, lubricants and the like. The complaint prayed judgment for $11,201.46. There was no dispute between the parties that $8,384.11 of that amount was owing plaintiff. The remaining amount of $2,817.35, how...
Views: 1
This cause first came on for hearing on December 15, 1961, on the application of plaintiffs for an injunction against the operation of a compulsory racially segregated public school system in Obion County, Tennessee. Plaintiffs also prayed for an injunction against the assignment of teachers and supporting personnel on the basis of race or color. Defendants, in their answer, admitted they are ope...
Views: 2
Plaintiff, a citizen of Mississippi, filed this action against C. A. Loyd, a citizen of Louisiana and of this District, for recognition and enforcement of a final judgment rendered on April 19, 1955, by the Circuit Court of Forrest County, Mississippi, in a case styled “Will Revies versus C. A. Loyd,” docket number 4080 in the Mississippi court. The amount in controversy exceeds the jurisdictional...
Views: 0
This is an action by plaintiff under the Civil Rights Act, 42 U.S.C.A. § 1983
1
and 28 U.S.C.A. § 1343(3), to recover damages against the defendants, owners as tenants by the entireties of a restaurant, for refusing to allow him to remain seated in their diner after he
*450
had ordered food, solely because he was a Negro.
The complaint alleges that this refusal to p...
Views: 0
This cause, instituted by the State of South Dakota, involves a motion for a dismissal of a Complaint in condemnation which seeks to acquire the fee simple title of certain land situated on the Missouri River and commonly known as Farm Island. Farm Island is located behind the present site of the Big Bend Dam and Reservoir Project, the current plans and specifications for which necessitate its inu...
Views: 0
On February 8, 1960 a grand jury in Kings County indicted petitioner David Coleman, charging that on or about November 27,1959 he did, by striking, choking, strangulation and asphyxiation, cause the death of one Margaret O’Meara. Represented by assigned counsel, Coleman came to trial before a judge and jury in the County Court of Kings County on October 17, 1960 and was on October 21, 1960 found g...
Views: 0
Plaintiff, proceeding pro se, filed a paper denominated “An Action by Winifred Benjamin against The Department of Health, Education and Welfare, Social Security Administration.” The document, consisting of sixteen paragraphs, each of which begins with the word “For,” might well be construed as an action in sixteen separate counts, since each paragraph purports to set out some action of which the p...
Views: 1
This Court initially heard oral arguments and considered briefs of the respective parties in January of this year. The plaintiffs, by their complaint, challenged the plan apportioning members of the House of Representatives of this state, which plan had been formulated and adopted by the "re-apportionment group” consisting of the defendants herein, pursuant to the authority conferred upon it by th...
Views: 0
This is a suit brought by North Texas Producers Association against Employers Mutual Casualty Company, seeking to recover a judgment for $24,243.57. The defendant filed a third party complaint against The Aetna Casualty and Surety Company. Plaintiff, North Texas Producers Association, will hereinafter be referred to as North Texas; the defendant, Employers Mutual Casualty Company, as Employers Mut...
Views: 0
This is an amended motion by Joseph J. Sullivan, the petitioner, pursuant to 28 U.S.C. § 2255, to vacate a judgment of conviction under which he was sentenced to imprisonment for eighteen years. The motion is two-pronged.
First, petitioner asks that the conviction be set aside without a hearing in a manner analogous to the granting of summary judgment in a civil action where there is no ge...
Views: 1
Plaintiffs bring this action against the designated banking institution and the named individuals who have official connection therewith complaining of mismanagement of an estate, of which Plaintiffs are the current and ultimate beneficiaries, alleging violation of duties owed to them by the Defendants arising out of the fiduciary relationship and charging an illegal conspiracy to deprive them ...
Views: 2
Page 3847
In this action by plaintiff-beneficiary, Fleet Messenger Service, Inc., to recover the proceeds of a life insurance policy issued by defendant-insurer, an attorney representing the widow and personal representatives of the deceased-insured, none of whom are parties to this action, seeks to invoke the physician-patient privilege to exclude certain testimony by physicians of the deceased-insured. Th...
Views: 0
This suit was instituted by the United States on a single cause of action for a statutory penalty under Section 9, Title 45 U.S.C.A., a provision of the Safety Appliance Acts.
The facts are not in dispute. Defendant is a common carrier engaged in interstate commerce in California. On December 8, 1960, defendant originated a train in Los Angeles. As required by Title 49 Code of Federal Regulations ...
Views: 0
This complaint for declaratory judgment carries within itself the fatal seeds of its own destruction. In paragraph IV, the fifth sentence, it states with reference to the plaintiff:
“The plaintiff then commenced an advertising program publicizing Mr. Tshombe’s appearance and many tickets have been sold to persons on the representation that President Tshombe would be a guest. Mr. Tshombe, on Januar...
Views: 1
This is an action of contract which was removed from the Superior Court of Middlesex County, Massachusetts, to this Court, by the defendant. After removal defendant filed a motion to set aside service of process, quash return, and dismiss complaint, on the ground that it was not subject to process in this Commonwealth, was not doing business in this Commonwealth, that there has been no proper serv...
Views: 0
This is a motion by the special commissioner appointed by me. Pie moves to vacate a notice of the taking of his deposition and a subpoena duces tecum served upon him in connection therewith. The notice was issued by the petitioner herein and by the City of New York who have been adjudged liable for the damages for personal injuries caused by a collision between petitioner’s vessel and a bridge mai...
Views: 0
On or about June 1st, 1955, plaintiff, The Ferro Concrete Construction Company, a corporation organized and existing under the laws of the State of Ohio, entered into a contract with defendant, Kentucky Utilities Company, a corporation organized and existing under the laws of the State of Kentucky, whereby plaintiff agreed to construct super-structure work on defendant’s E. W. Brown Generating Sta...
Views: 0
This is a mail fraud prosecution against 7 defendants — 4 of whom live in the Chicago area, and 3 of whom live in the Minneapolis-St. Paul area.
*
The indictment alleges a scheme to defraud and the use of the mails in furtherance of it. A conspiracy is also alleged.
The 4 Chicago defendants move for a transfer of the case to the Northern District of Illinois, or to some other ...
Views: 0
Plaintiff seeks by this action to recover damages for personal injuries allegedly sustained in an automobile collision occurring in Alabama. Before this suit was instituted, the alleged driver of the other automobile, Philip R. Rosenfield, died, and the defendant Eva Rosenfield was appointed executrix of his estate by the Surrogate’s Court in New York. Substituted service of process in the usua...
Views: 0
Defendant has moved for summary judgment and for dismissal of the complaint on the ground that the suit is time barred by the two-year Statute of Limitations of Maine. (Ch. 48, See. 14.) This suit to recover for injuries allegedly resulting from defendant’s negligence was instituted by the filing of the complaint in this Court on September 12, 1961, almost three years after the accident took place...
Views: 0
This is a suit brought by the State of Wisconsin by John W. Reynolds, Attorney General, and Roy G. Tulane, Assistant Attorney General. The complaint alleges that the State of Wisconsin is acting in its sovereign capacity and in its capacity as
parens patriae
for the people of Wisconsin.
The complaint states the action is for an injunction, mandamus and other equitable relief und...
Views: 0
The Criminal Information filed in this case charges a number of defendants with interstate shipments of counterfeit drugs in violation of certain sections of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. §§ 331 and 333), and with a conspiracy to violate said Act. The defendant Herman Wittelshofer is named in the conspiracy count of the Information. He moves the Court to suppress for use...
Views: 3
On December 7, 1960, James R. Hoffa, Robert E. McCarthy, Jr., and one, Henry Lower, now deceased, were indicted by the Grand Jury sitting in the Orlando Division of this Court for alleged violation of the Federal mail and wire fraud statutes, Title 18 U.S.C.A. §§ 1341-1343. Said indictment contained twelve counts. Counts numbered 1, 2, 3, 5, 8, 9, 10 and 11 charged all of the defendants with use ...
Views: 9
Page 3859
This has to do with a rapidly spreading and highly destructive fire of unknown origin along the waterfront of Pensacola Bay, and brings to mind the tale of Mrs. O'Leary. As we may surmise, the consequences of her maintaining inflammables and fire near her kicking cow might well have visited upon that unfortunate soul full legal liability for the conflagration of Chicago. But it should be noted ...
Views: 2
February 24, 1960, each of the above styled actions was filed in this Court by the infant named in the caption, by his mother acting as next friend, as plaintiff against the United States of America under the Federal Tort Claims Act, Sections 1346(b) and 2671 et seq. of Title 28 United States Code. The actions arise out of a collision which occurred at the intersection of U. S. Highway 60 (hereina...
Views: 0
This matter is presently before the Court on defendants’ motion to quash service of summons and Marshal’s return thereon and to dismiss plaintiff’s cause of action. The grounds alleged in support of this motion are that the above-en*735titled cause of action is barred by the statute of limitations, as the summons was not lawfully or properly issued by the Clerk of the United States District Court ...
Views: 0
This cause came before the court upon the petition of Gene L. Gibson for a writ of habeas corpus; a motion by T. W. Markley, Warden, the respondent herein, to dismiss the petition; a paper filed by petitioner seeking to supplement the original petition; and an objection thereto by the respondent. In the tendered supplemental petition, petitioner also requests that he be granted leave to make pre-...
Views: 0
This is an action under Sec. 205(g) of the Social Security Act as amended (42 U.S.C.A. § 405(g)). The record- wa.s made up and the case submitted on the defendant’s motion for summary judgment. This court was of the opinion that the decision of the referee and the Appeals Council of the Department of Health, Education and Welfare, should be sustained. In the opinion of the court the findings of th...
Views: 0
This case involves the important question of whether a prisoner removed to the Springfield Medical Center from the Reformatory at Chillicothe, Ohio, pursuant to Section 4241, Title 18 U.S.C., is entitled to a judicial review, by habeas corpus or otherwise, of the administrative judgment that he “is still insane”, within the meaning of Section 4243, Title 18 U.S.C., and therefore subject to being ...
Views: 0
The plaintiff Walter W. Bell was injured when his automobile was in collision with a diesel locomotive at a grade crossing. It is stipulated that the captioned railway company is the only responsive defendant. Bell sued the railway company in the state court, and the case was removed and tried here. 28 U.S.C. § 1332. A jury returned a verdict for the plaintiff and assessed his damages for personal...
Views: 0
After háving exhausted all State administrative remedies, plaintiff filed this
*794
declaratory judgment action under 28 U.S.C.A. § 2201 to declare the assessments for 1960 and 1961
ad valorem
taxes on certain industrial real estate in the City of Detroit owned by plaintiff, as being in violation of the due process and equal protection clauses of the Fourteenth Amendment...
Views: 0
This is an action by plaintiff for a court review of a decision of the Secretary of Health, Education and Welfare pursuant to Section 205(g) of the Social Security Act, as amended, (42 U.S.C.A. § 405(g)). The final decision of the Secretary, March 29, 1961 (Tr. 2-18), by the Appeals Council of the Social Security Administration, held that the plaintiff had failed to establish that he had been cont...
Views: 0
This is an action brought by the United States against the Lake County Farm Bureau Co-Operative Association, Inc., to recover $1,562.82. The plaintiff bases its claim on a chattel mortgage on crops, certain machinery and other items, executed by Roy D. Snyder and Leota P. Snyder and delivered to the plaintiff as security for a loan made to them by the plaintiff acting through the Farmers Home Admi...
Views: 1
This is a motion for a directed verdict made by the two defendants at the close of the plaintiffs’ case on the issue of liability. The action is brought to recover damages for personal injuries sustained by a little boy three and a half years old, by being burned by an open flame of a flare pot set out in the street as a warning of the presence of a barricade and excavation. The suit was filed in ...
Views: 0
Page 3870
It is unnecessary to recount the procedural steps by which this matter came before the court for decision. Oral rulings have been made by the Court (April 16, 1962), and I think it advisable to put the reasons for them in the form of a brief memorandum opinion. In substance, the interrogatories addressed to the defendants ask for detailed information (date, place, individuals present, etc.) of ...
Views: 2
This is an action on account and for breach of certain written contracts. The plaintiff is an Indiana corporation and the defendant a Pennsylvania corporation, not admitted to do business in Indiana.
The record shows that the summons issued against the defendant was served on the Secretary .of State of the State of Indiana pursuant to Burns’ Indiana Statutes § 25-316 and Rule 4(d)(7), F.R....
Views: 0
The Court adopts the Supplemental Findings of Fact and Conclusions submitted by the plaintiff.
FINDINGS OF FACT
The United States of America, at the request of the Interstate Commerce Commission, brought this suit pursuant to the provisions of the Hours of Service Act, 45 U.S.Code 61 to 64, against the Detroit, Toledo and Ironton Railroad Company, hereinafter called the railroad, a common carrier ...
Views: 0
The action herein seeks to quiet title to a certain strip of real estate (a portion of a vacated street) which is described in the complaint as follows:
That portion of Coloden Moor Subdivision, more particularly described as the vacated North 20 feet of First avenue, lying South of and adjoining Plot A %, Block 69, Harmans Subdivision, and lying South of and adjoining the West % of the vacated al...
Views: 0
Russell, Poling & Company, Newtown Creek Towing Company and Chester A. Poling, Inc., filed this libel in rem against the Tug ALICE M. MORAN, her engines, etc., and in personam against the Tug ALICE M. MORAN, INC., and Moran Towing & Transportation Co., Inc. Libellant seeks to recover $17,000 for damages to its oil barge, the RUSSELL 22, claiming that the damage occurred in the Delaware River on Ja...
Views: 0
This cause came on to be heard on plaintiff’s motion for summary judgment. Plaintiff’s complaint prays for a declaratory judgment that defendant has breached the cooperation clause of a policy of insurance covering the operation of an automobile by his decedent, and that plaintiff is not liable under such policy. On December 24, 1959, plaintiff’s insured was killed in an automobile accident. Perso...
Views: 0
This cause duly came on for trial on the pleadings and the Order for Separate Trial of Claims under Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. entered by the Court herein on April 24, 1959, and the Court, having heard the evidence and considered the stipulation of the parties, and having considered carefully the extensive briefs and oral arguments, finds the facts and states i...
Views: 0
Defendant, Orleans Parish School Board, moves for a new trial of the issues decided by the April 9, 1962, order 1 of this Court, 204 F.Supp. 568 expanding the order of May 16, 1960, to include desegregation of the first six grades of defendant’s schools and enjoining the use of the Louisiana Pupil Placement Law 2 in defendant’s schools so long *895 as defendant maintains a dual school syste...
Views: 3
Page 3878
Petitioner is presently confined in the New Jersey State Prison at Trenton, New Jersey, owing to his conviction of first degree murder in the Essex County Court on April 8, 1960. On January 10, 1961, the Supreme Court of New Jersey affirmed Mark S. Holley’s conviction. State v. Holley, 34 N.J. 9, 166 A.2d 758 (1961). Certiorari to the Supreme Court of the United States was applied for and denied. ...
Views: 0
This is a motion by the defendant to vacate the convictions on Counts 2, 3 and 4 of the indictment. The defendant was tried on an indictment containing four counts, charging murder in the first degree in counts one and two, housebreaking in the third count, and petit larceny in the fourth count. A trial by jury was waived by the defendant and the case was tried by the Court alone. On March 9, 1961...
Views: 0
The defendant Ras McGaha has filed an application for a habeas corpus ad testificandum supported by his affidavit of indigency. He is indicted with his codefendants Douglas McGaha and Fer-man Williams on five counts for alleged violation of various aspects of the federal liquor laws, viz., 26 U.S.C. §§ 5173, 5179, 5180, 5205(a) (2), 5222, 5601(a) (1), 5601(a) (4), 5601(a) (7), 5604(a) (1) and 5...
Views: 3
In 1953, the plaintiff, Lora Jean Smith, her husband, Jack Smith, and the defendants, W. B. Stone and Betty Call Stone, husband and wife, entered into the formation of a corporation known as the Stone & Smith Coal Company, Inc. Of the fifty shares of stock issued by the corporation, Lora Jean Smith owned twenty-four shares, her husband, Jack Smith, one share, the defendant, Betty Call Stone, twent...
Views: 0
Defendant has moved for a summary judgment dismissing the complaint.
It is undisputed that plaintiff’s intestate, Harry A. Lundquist, died on December 3, 1958, as a result of an accident; that the summons in this action was issued by this Court on February 28, 1961, and was served on defendant March 2, 1961. Section 330.21 of the Wisconsin Statutes, being a part of Chapter 330 of the statutes enti...
Views: 5
Plaintiff is a citizen of the Republic of Panama who resides in New York. On September 23, 1957 he was injured when a Panama Railroad train on which he was a passenger was derailed while en route from Cristobal to Balboa Heights in the Canal Zone. The railroad was owned and operated by defendant Panama Canal Company which was also then plaintiff’s employer.
The complaint contains three cou...
Views: 2
There is pending in the above entitled and numbered cause the Motion of Defendant Western Steel Company to dismiss Plaintiffs’ second cause of action asserted in their fourth amended original petition, and in the alternative, its Motion for Summary Judgment in its favor as to said second cause of action. Plaintiffs’ second cause of action, in their fourth amended original petition, seeks damages, ...
Views: 0
Harold R. Brown, confined to Montana State Prison at Deer Lodge, Montana, for a term of 100 years, pursuant to a judgment of conviction of murder in the second degree in the District Court of the Seventeenth Judicial District of the State of Montana in and for the County of Valley, requests permission to file a Petition for Writ of Habeas Corpus in forma pauperis, together with a request for the a...
Views: 0
This suit in admiralty, tried before me, arises out of the capsizing and sinking of the barge A. G. & P. No. 43 with deck cargo aboard in Long Island Sound in the early morning of October 14, 1957 while in tow of the tug Barney Turecamo.
Libelant, Atlantic Gulf & Pacific Co. is a marine contracting and dredging company incorporated in Virginia and having a place of business in the City of New York...
Views: 1
The plaintiff in this action seeks to recover damages for personal injuries allegedly suffered by her as the result of a collision between two motor vehicles, one in which the plaintiff was a passenger and one which was owned by defendant Lopes and alleged to have been operated by defendant Thomas at the time of the collision. This matter coming on to be heard before this Court on January 5, 1962;...
Views: 1
This is a diversity action. Plaintiffs, a father and his minor daughter, are citizens of California. Defendant is a citizen of Michigan. The complaint alleges that on July 11, 1959, defendant persuaded the minor plaintiff to consume some beer, following which he allowed her, while intoxicated, to drive his car. Driving alone, she drove the car off the road into a tree and suffered injuries. The a...
Views: 3
Plaintiff filed a motion to remand this cause to the Eighth Judicial Circuit Court in and for Alachua County, Florida on the grounds that the petition for removal was not timely filed.
On June 6, 1961 plaintiffs, citizens of Florida, filed their complaint against defendant, a corporation, incorporated in Virginia, and with principal place of business located in Richmond, and alleged damage...
Views: 2
This matter comes before the Court on a petition for a writ of habeas corpus; the Court having previously granted petitioner leave to proceed in forma pauper-is. The petition was filed November 21, 1961, and on that date the Court entered its Order to show cause why the petition should not be granted. Respondent’s answer to the Order to show cause and petitioner’s traverse were timely filed. The f...
Views: 0
In this declaratory judgment action, the parties seek a determination of their liabilities and obligations under certain policies of insurance issued by them. After the defendants had filed their answers, the parties entered into a stipulation and the case has been submitted upon the pleadings, exhibits and stipulation.
The material facts appear to be as follows: On March 5, 1959, Albert H...
Views: 0
In this seizure action under Section 304 of the Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334, the issue presented is whether the seized devices of claimant are misbranded, as defined in 21 U.S.C.A. § 352, by reason of false and misleading statements contained in their labeling respecting their efficacy for the treatment of human diseases or relief from their symptoms. Each of the devices was shi...
Views: 0
After careful consideration of the evidence and exhibits I find that the petitioner is eligible for naturalization by virtue of Section 329 of the Immigration and Nationality Act (8 U.S.C.A. § 1440) as amended by Section 8 of the Act of September 26, 1961 (75 Stat. 654) in accordance with the attached Findings of Fact and Conclusions of Law submitted by the Designated Naturalization Examiner, whic...
Views: 0
The sole remaining question to be decided in this case is whether or not an attorney from a foreign jurisdiction who, pursuant to Rule 2(c) of the General Rules of this court, has been permitted to appear and participate in said action, may assert a lien for services under N.J.S.A. 2A:13-5.
The New Jersey statute dealing with attorneys’ liens provides:
“After the filing of a complaint * * * the at...
Views: 0
This case involves the construction of an indemnity contract. Plaintiff, Earl Macon, individually and as next friend for his son, Samuel Earl Macon, a minor, filed suit against Warren Petroleum Corporation (hereinafter sometimes referred to as Warren), for personal injuries sustained on July 1, 1960, when both of them were overcome by a poisonous gas which entered the room of a building belonging ...
Views: 0
This action was brought to review a decision of a Hearing Examiner of the Department of Health, Education and Welfare holding that the plaintiff, Boyd Berdell Kindig, was not entitled to the establishment of a period of disability under § 216 (i) of the Social Security Act, as amended (42 U.S.C.A. § 416 (i)), nor to disability insurance benefits under § 223 of said Act (42 U.S.C.A. § 423). The App...
Views: 1
This action is now before the Court ■on defendants’ motion to dismiss the second cause of action or alternatively to strike such language of the amended complaint dealing with punitive damages.
The matter had already been raised and passed by the Court at the time that plaintiffs requested, and obtained from the Court, leave to file said amended complaint.
I have given the matter further considera...
Views: 0
Page 3898
This is a petition for a Writ of Habeas Corpus submitted by a prisoner being held in the custody of the North Carolina State Prison Department in Central Prison, Raleigh, North Carolina. He was convicted of murder in the first degree in the death of a police officer. In his petition it is alleged that the failure of the trial court to grant a non-suit as to first degree murder at the close of the ...
Views: 0
Plaintiff was injured by a truck owned by defendant and driven by defendant’s employee, Max Casey. He is not a party to this action. At a pretrial hearing, plaintiff moved for an order compelling Casey to submit to a physical examination to determine his qualifications for driving a truck. “The court has no jurisdiction to compel a person not a party to the action to yield his body to the invas...
Views: 2
This action for a declaratory judgment came on to be heard on cross-mo*215tions for summary judgment. The action seeks a review of the Attorney General’s denial of plaintiff’s application to have created a record of lawful admission to this country for permanent residence under section 249 of the Immigration and Nationality Act (8 U.S.C.A. § 1259). Plaintiff claims that the refusal to grant his ap...
Views: 2
This cause comes before the Court •on plaintiff’s motion for an order denying the special appearance of defendant Lockheed Aircraft Corporation herein ■and for an order determining that this defendant is subject to the jurisdiction •of this Court. Defendant Lockheed countered with a motion for dismissal as to it upon the grounds of lack of jurisdiction over its person. Jurisdiction purportedly wa...
Views: 4
Plaintiff, James Howard Meredith, is a member of the Negro race and a citizen of Mississippi. He filed this suit against the members of the Board of Trustees of State Institutions, the Chancellor of the University of Mississippi, the Dean of the College of Liberal Arts, and the Registrar of the University. He alleged that he sought admission to the University of Mississippi as a resident, under...
Views: 2
Plaintiff brought this damage action for personal injuries sustained in a highway accident which occurred on the night of December 4, 1959, on a road in Concordia Parish. At the time, he was riding as a passenger in an automobile owned by Monroe Machinery Company and driven by Paul Dykes. The car collided with a truck stopped partly on the highway and owned by Atchley Electric Service of Ferrid...
Views: 1
Plaintiff, Towson Price, a retired employee of the defendant, Westinghouse Electric Corp. (Westinghouse), filed his complaint on September 23, 1957 against the Secretary of the Department of Health, Education and Welfare of the United States, (Secretary) and his former employer, Westinghouse. As against the Secretary, plaintiff sought a declaratory judgment that he was entitled to old age insuranc...
Views: 0
This is a civil action heard on objections to Conclusions of Law made by Mr. Charles Young of the Raleigh Bar, serving as Special Master. That he served with painstaking care and fairness appears from the fact that neither party to this action filed objections to his Findings of Fact. At the hearing no dissatisfaction with the Findings of Fact was indicated to the Court. Pursuant to Rule 53(e),...
Views: 0
This matter is before the Court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. A hearing on the motion was held on February 16, 1962.
For the purpose of this motion the Court must accept as true every well pleaded material allegation of fact set forth in the complaint,1 but if ...
Views: 0
Plaintiffs bring this action under the provisions of the Federal Tort Claims Act (Section 1346(b), Title 28 U.S.C.A.) claiming damages for negligent acts and omissions of agents of the .Alaska Road Commission, a Government agency, in the construction of the surface of a public highway known as the Glenn Highway, near Palmer, Alaska, by reason of which the natural flow of surface water, which ha...
Views: 2
Clara Amelia York, a teen-age girl, graduated from high school in her home town in northeastern North Carolina and was inspired by a talk from an F. B.I. representative to apply for a job as a clerk-typist with the F.B.I. She received some encouragement and had some ground to believe that, if she was employed, she would be assigned to the Norfolk office. Some little time later she came up to visit...
Views: 1
These three separate actions for wrongful death were commenced on March 15, 1961 in this district by the administrators of three passengers who were killed in the crash of a Northwest Airlines Lockheed Electra near Tell City, Indiana, on March 17,1960. Jurisdiction is based on diversity of citizenship.
The actions are brought against Northwest Airlines, the carrier, Lockheed Aircraft Corpo...
Views: 2
The widows of four passengers who were killed in the crash of a Braniff Airways Lockheed Electra near Buffalo, Texas, on September 29, 1959, bring these four actions in various capacities for the wrongful deaths of their husbands. The scheduled flight of the aircraft was from Houston, Texas, to New York International Airport, with stops at Dallas, Texas, and Washington, D. C. The crash occurred a...
Views: 0
The petitioner is a member of the Klamath Tribe of Indians (Oregon), and is of legal majority. She is duly enrolled on the tribal list, and, as such enrollee, is entitled to receive cash benefits in an amount in excess of $40,000.-00 by reason of the sale of tribal properties, all pursuant to the terms of the *320“Klamath Indian Termination Act of August 13, 1954” (68 Stat. 718, as amended), 25 U....
Views: 1
Plaintiff is a veteran of the Armed Forces, and in this action is asserting against the United States a claim for damages for loss of educational benefits under Title 38 U.S.C.A. The United States has filed a motion to dismiss on the grounds that the court lacks jurisdiction under 38 U.S.C.A. § 211(a) and 28 U.S.C.A. § 2680(h). For the purposes of this motion, the facts stated in the complaint mu...
Views: 4
On February 9, 1962, petitioner, John M. Gidney, a mental patient presently confined in the United States Veterans-. Administration Hospital, Ft. Roots,. North Little Rock, Arkansas, filed a verified petition for a writ of habeas corpus-, for the purpose of securing release from-custody. The Court having examined' the petition, an order to show cause was-issued and made returnable on February 12, ...
Views: 0
Defendant moves to dismiss an Information charging him with violations of 47 U.S.C.A. § 605, in seven counts. The gist of the charge in each count is that the defendant at various times “not being authorized by the sender, did unlawfully, knowingly, and wilfully intercept a radio communication and divulge and publish the existence, content, substance, purport and effect of such intercepted commun...
Views: 2
*382The petitioner, Harry Smith, has moved the Court, pursuant to the provisions of 28 U.S.C.A. § 2255, to vacate his sentence of imprisonment. On April 17, 1961, petitioner was one of four defendants charged in this Court in a two-count indictment with attempting to escape from the custody of the United States Marshal at their place of confinement at Albemarle, North Carolina. At this time the pe...
Views: 0
This action is now before the Court on defendant’s motion .to dismiss based on the running of the statute of limitations. In the complaint in this civil action, originally filed in the United States District Court for the Southern District of New York on July 17, 1959, it is alleged that the accident on which relief is claimed herein occurred in Puerto Rico on or about June 20th, 1958, i. e. one y...
Views: 0
Plaintiff filed suit to recover for personal injuries sustained on March 25, 1961, while in defendant’s employ. His action is based on the Jones Act.
Defendant has filed a motion for production of the following items:
1) All medical records, including X-ray plates, of St. John’s Hospital pertaining to plaintiff, covering the dates
(a) April 26 — May 6, 1935
(b) November 22 —...
Views: 3
This action is now before the court on defendant’s motion to dismiss in which it is alleged that this Court is without jurisdiction for lack of diversity. In the complaint, the jurisdiction of this Court is invoked under the diversity provisions of Sec. 1332(a), Title 28 U.S.C.A. At the hearing on the motion to dismiss it was shown by the defendant and conceded by the plaintiff that the defendant ...
Views: 1
This amended complaint was brought by A. Philip Walker, as father with patria potestas of Dixie Lee Walker, his daughter, a minor, and also in his own behalf and on behalf of Lee Walker, his wife, against Paradise Taxicabs, Inc., a Puerto Rican corporation, and its liability insurer, Maryland Casualty Company, a Maryland corporation. In the amended complaint the plaintiff based the jurisdiction of...
Views: 0
Page 3920
The plaintiff hotel corporations bring this action to enjoin the defendants, Golden Triangle Motor Hotel, Inc. and Falk and Wohl, its organizers and principal stockholders, from erecting, maintaining and operating a hotel or transient housing facilities on a parcel of land (Parcel “B”)
1
in Pittsburgh owned by the Urban Redevelopment Authority of Pittsburgh (Authority).
2
...
Views: 1
The petitioner, Willie J. Ramsey, was convicted on November 29, 1961, after trial by jury, for violation of 18 U.S.C.A. *494§ 2312, transporting a stolen motor vehicle from New Jersey to Massachusetts, knowing the same to have been stolen. He was sentenced to three years imprisonment on December 11, 1961 and is serving his sentence at the U. S. Penitentiary, Atlanta, Georgia. On January 8, 1962, t...
Views: 0
The petitioner, Rocco DiPippa, filed a “Petition for Writ of Habeas Corpus” which we treat, in accordance with his desire, as a petition to vacate sentence pursuant to § 2255, Title 28 U.S.C.A.
The petition alleges, inter alia', that petitioner pleaded guilty to two indictments, Nos. 13295 and 13296, and was sentenced on July 2, 1951 to imprisonment for nine years.1
On October 5, 1953, petitioner ...
Views: 0
This cause is before the Court on the segregated issue of the applicability of the Federal Tort Claims Act (28 U.S.C. § 1346(b), § 2671 et seq.) to the state of facts as disclosed by the record. Plaintiff’s intestate, Walt J. Young, enlisted in the Regular Army of the United States for three years’ active duty on June 15, 1959. On September 11, 1960, Young was stationed at Fort Bragg, North Car...
Views: 0
Motion by defendant for an order suppressing evidence on the ground that it was obtained as a result of an illegal search and seizure and without a search warrant. The specific evidence sought to be suppressed is a plastic bag of white powder alleged to be a narcotic drug. The Court directed a hearing on the application. The Court heard the oral testimony of New York City Detectives Murray and Ric...
Views: 2
Before the Court are defendant’s post trial motions for judgment on the whole record, for judgment n. o. v. and for a new trial. These motions stem from a civil action instituted by the plaintiff, Michael Matonti, to recover damages for personal injuries which he alleges were negligently caused by defendant, Research-Cottrell, Inc. Jurisdiction is based on diversity, plaintiff being a citizen of P...
Views: 1
Plaintiffs, Joseph R. Willie, Hugh H. Ford, Lee O. Mosely and D. Farris Barclay, Negro citizens and taxpayers, bring suit in their own behalf and for others similarly situated against the County Judge and Commissioners, constituting the Commissioners Court of Harris County, Texas, the administrative authority of the county, seeking the nonsegregated use of Sylvan Beach Park, a public recreation...
Views: 1
This case is before the Court on Motions for Summary Judgment filed by both Plaintiff and Defendant, and has been submitted to the Court on briefs *559and on oral argument. The transcript of all of the proceedings and all evidence received in the administrative proceedings relating to the application of Walter T. Cook, the Plaintiff, to establish a period of disability and his claim for disability...
Views: 2
This action involves a claim by plaintiff, Robert L. O’Connor, against the defendants, Pat Antogiovanni and Western Freight Association, hereinafter called “Western,” for injuries allegedly sustained by plaintiff as a result of an assault and battery by the defendant Antogiovanni. The action was originally instituted in the Supreme Court of the State of New York and thereafter removed to this Cou...
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The defendant has moved to dismiss an indictment, in accordance with Rule 12(b) (2) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., on the *588 ground that it fails to state facts sufficient to constitute an offense against the United States. The indictment charges that the defendant did “endeavor to corruptly obstruct and impede the due administration of justice by presenting to the F...
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This is an action based upon the federal Civil Rights Act brought by Paul E. Rhodes as plaintiff against a number of Nebraska judicial and law enforcement officers, a North Platte, Nebraska law firm and the bonding companies of a number of the defendants.
Counsel for defendants have filed fifteen separate motions to dismiss the action, and after hearing and the submission of briefs the mat...
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Page 3931
The United States of America (U.S. A.), as libelant, brought this action against Lockheed Aircraft Service International (LASI), an aircraft repair station licensed by the Civil' Aeronautics Administration under Section 623 of Title 49, U.S.C.A., to recover a civil penalty in the sum of $1,000, as provided for in Section 621 of the said Title. The facts, as adduced at the trial, follow: Overseas N...
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Ronald Charles Edgar and Anne Rus,selle Horton have been charged in a three count indictment with various White Slave Traffic offenses. Defendant Edgar has filed a motion to dismiss those counts applicable to him, counts one and three.
Count one charges both defendants with conspiracy to violate 18 U.S.C. § 2424 which requires anyone who keeps or maintains an alien woman who came to the United Sta...
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Defendant Leitner was tried before a jury on an indictment charging, in four counts, passing and possession of two counterfeit $100 Federal Reserve notes in violation of 18 U.S.C. § 472. The first count charged that on or about May 20, 1960 Leitner wilfully and knowingly, and with intent to defraud, passed one such counterfeit note. The second count charged possession of that note with knowledge a...
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Defendant moves to suppress the use of certain merchandise as evidence which it is claimed was obtained as the result of an unlawful search and seizure. The motion also seeks the dismissal of the indictment on the ground that it could only have been based upon evidence obtained as the result of an unlawful search and seizure. The indictment charges the defendant Block with unlawfully, willingly...
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Defendant Harold Wapnick, having been found guilty of sixteen substantive violations of 18 U.S.C.A. § 2312 (transporting motor vehicles in interstate commerce knowing the same to have been stolen) and also of conspiracy to transport such vehicles, after a jury trial, moves for a new trial on the basis of '“newly discovered evidence”, pursuant to Rule 33, Fed.Rules Crim.Proc., 18 U.S. C.A. The two ...
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The question involved in this case is whether the United States District Court has jurisdiction under that part of 28 U.S.C. § 1332, as amended in 1958 which grants jurisdiction to the U. S. District Court of all civil actions between citizens of different states “where the matter in controversy exceeds the sum or value of $10,000 exclusive of interest and costs.” The plaintiff, United States Fide...
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The Petitioner, Jerome Poster, has tendered and moved for leave to file and prosecute herein his petition for a Writ of Habeas Corpus without prepayment of fees and costs or security therefor. His tendered petition is accompanied by his affidavit of poverty conforming to 28 U.S.C.A. § 1915(a).
It appears from the tendered petition that petitioner is presently a Federal prisoner at the United State...
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In this case the plaintiff applies for a writ of habeas corpus for the purpose of obtaining her release from the South Carolina State Hospital, located in the Eastern District of South Carolina, upon the grounds stated in her complaint. A person restrained of her liberty by state process cannot maintain habeas corpus action in a federal district court to determine whether such restraint constitute...
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The above-captioned action upon a Petition for a Writ of Habeas Corpus submitted by petitioner was heard before this Court on December 22, 1961 and January 26, 1962. Petitioner was represented by court assigned counsel, Mr. Wright T. Dixon, Jr., Esquire, Attorney at Law of Raleigh, North Carolina, the Attorney General for respondent. *766After consideration of the pleadings and after hearing all o...
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Petitioner, Curt Alexander Krummenacher, a Swiss national, filed his petition for naturalization on June 20, 1960, pursuant to Section 316 of the Immigration and Nationality Act, 8 U.S.C.A. § 1427. This petition has been contested by the Immigration and Naturalization Service, whose designated examiner has recommended that the petition be denied for the reason that the petitioner is permanently in...
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In considering the defendant’s motion for summary judgment, the court is limited in its review of the record to the determination of one question and that is, are the findings of the Secretary as to any fact supported by substantial evidence ? Section 205(g) (42 U.S.C.A. § 405(g)) of the Social Security Act, as amended, provides: “ * * * The findings of the Secretary as to any fact, if supported b...
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Petitioner has filed what he denominates an “Application for a Sanity Hearing.” This document is largely incoherent. It does appear that petitioner is presently confined in the United States Medical Center in Springfield, Missouri, and that he was committed there from a United States District in Atlanta, Georgia, on April 20, 1960. However, aside from alleging that he was never tried for the crime...
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The defendant, William Michael Austrew, alias Bill Davis, together with Harold Sapperstein and Anne Sapperstein,, his wife, is charged in a four count in-
*818
dictment
1
with violations of the White Slave Traffic Act, 18 U.S.C.A. §§ 2421, 2422 and 2423
2
; also, all of the named defendants are charged in all of the
*819
counts as principals unde...
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An application for a preliminary injunction is before the court, with jurisdiction alleged on the basis of diversity of citizenship and an amount in controversy exceeding $10,000, exclusive of interest and costs. The application is opposed by defendant’s motion to dismiss for failure to state a claim and for lack of jurisdiction.
Plaintiff, Zep Manufacturing Corporation, asks this court to...
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Petitioner has filed a “Petition for Writ of Habeas Corpus.” This document is, to a large extent, incoherent. Petitioner indicates that proceedings of some sort were had against him in the United States District Court in New York, New York, but he does not indicate the nature of the proceedings. Petitioner is apparently presently incarcerated in the United States Medical Center in Springfield, Mis...
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In each of these cases defendant has filed a motion to quash service of process under Alabama Code, Tit. 7, § 199(%) (1959 Supp.). In part, Section 199(%) (a) states: “Should any resident of this state, who was the driver or owner of a motor vehicle involved in an accident or collision while being operated on any public highway in this state, thereafter leave the state and remain away for a period...
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The complaint sets forth a claim on-behalf of Marie Kohl seeking damages-for personal injuries incurred in an automobile collision. It is alleged that she *896was a passenger in a vehicle driven by her son and that the collision resulted from the wanton, reckless conduct of the defendant. A second claim is on behalf of Alfred G. Kohl, Sr., her husband. It demands property damages arising from inju...
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In this proceeding, the plaintiff, the Government pursuant to statute seeks the cancellation of certificate of naturalization No. 3487544, issued to the defendant by this Court on December 1, 1931. The plaintiff alleges that the defendant had been arrested prior to his naturalization and that he, during the course of the naturalization proceedings, falsely denied and concealed that he had been arr...
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This action was brought to recover damages for minor plaintiff’s injuries sustained on July 5, 1959, as a result of an accident while using a sliding board manufactured by third-party defendant and installed at defendant’s swimming pool. The original suit was by plaintiffs against the owner of the swimming pool. The defendant owner then . joined the third-party defendant on the theory that there w...
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The issue to be determined in this case, as framed by the pre-trial order, is whether a certain policy of automobile liability insurance written by the defendant for Juan R. Lanzo, was in effect on May 5, 1958, when Lanzo, while driving his automobile, struck and injured the plaintiff herein. The case was submitted on an agreed statement of facts.
I.
In February, 1958, Juan R. Lanzo, of New York C...
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On August 18, 1954 the Grand Jury for this District filed an indictment against the three defendants above named charging them with the armed robbery of a branch of the First National Bank of Southern Maryland at Andrews Air Force Base, whereby, on August 14, 1954 the bank was robbed of over $124,000 in money. The three defendants attempted to escape in a stolen automobile which they had driven fr...
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The defendant United States of America moves under F.R.Civ.P. rule 12(b) (3), 28 U.S.C. to dismiss the complaint herein for improper venue. The complaint claims that on the 11th day of August, 1961, on the Long Island Expressway in Queens County, New York City, a motor vehicle owned by plaintiff Murray Kalter, while being driven by plaintiff Gertrude Kalter was struck by a motor vehicle owned by d...
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Defendant was convicted on 13 counts for violating 26 U.S.C.A. § 7206(2). He has filed a motion for leave to prosecute appeal in forma pauperis.
A 28-count indictment was returned against defendant on July 12, 1961. He then owned and was living with his wife and two children * in a two-family house on Maverick Street, East Boston. This house also contained a room on the third floor which is rented...
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In a prior opinion in these proceedings,1 this court held that the policy in suit provided blanket coverage and that each individual parcel of property owned by the Board is covered up to the total value of all the property. Consequently, any loss under the policy, short of total destruction of all the schools covered, would be a partial loss, irrespective of the fact that the particular school bu...
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Canal Insurance Company (insurer) brings this action for a declaratory judgment (28 U.S.C.A. §§ 2201, 2202), against (1) J. C. Brooks, its insured under a certain automobile liability insurance policy issued on May 23, 1959, and (2) persons (as well as their collision insurer) injured as a result of the alleged negligence of the insured while driving an automobile which the insured claims, and ...
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Petitioner, in this case is Jack Thomas Constantino, who is sufficiently identified in a warrant of arrest issued by the United States Commissioner on June 29, 1961 as John Doe, together with a description. However, prior to the arrest warrant being issued, a Special Agent of the Internal Revenue Service had taken an affidavit before the United States Commissioner seeking a search warrant for the ...
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The motions under consideration are based upon three grounds: 1) the alleged causes of action set forth in the amended complaint are barred by the statute of limitations; 2) the alleged causes of action set forth in the complaint are res judicata; and 3) the complaint is so lacking in allegations of fact that it fails to state a claim upon which relief could be granted. A history of this case is n...
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This is an action of contract which, prior to the recent amendment of 28 *172U.S.C.A. § 1331 raising the jurisdictional amount in diversity cases from $3,000 to $10,000, was removed to this Court from the Superior Court of Middlesex County, Massachusetts. Plaintiff, a Massachusetts corporation, seeks to recover $6,312.57, plus interest, from defendant, an Illinois corporation, upon the basis of an...
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Page 3959
Respondent’s motion to quash the service of a citation on it at Stamford, Connecticut, is granted. Libelant filed in this court an in personam libel against respondent. Although the libel contained a request for a clause for foreign attachment it is conceded that process was never served within this district either on the respond- ■ ent or on any property belonging to it. Parenthetically, the libe...
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The above-entitled action was instituted under Section 205(g) of the Social Seeurity Act, as amended, 42 U.S.C.A. § 405(g), for judicial review of a final decision of the Secretary of Health, Education and Welfare1 denying Plaintiff’s application for an increase in the amount of old-age benefits she was receiving. The Plaintiff, Estrid L. Benson, filed her application for old-age insurance benefit...
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The plaintiff instituted the above civil action against two defendants, Alan Wood Steel Company and United Engineers and Constructors, Inc. The complaint alleges that plaintiff’s decedent was killed as a result of the negligence of defendants during the course of decedent’s employment as an electrician. Allegedly, he was performing services on equipment which was being installed on the premises of...
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John Valentino has filed a petition in the nature of a writ of error coram no-bis to vacate and set aside on constitutional and other grounds a judgment entered in this Court on June 9, 1932, convicting him of the crime of unlawfully uttering, publishing and passing a forged and counterfeited obligation of the United States, knowing the same to be false and counterfeit. Thereafter, following his c...
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Temple University has been sued for damages for negligence in the maintenance of a public sidewalk. The City of Philadelphia, which was named as a co-defendant, has cross-claimed against the University on the ground that it is primarily liable.
The University has moved for summary*] udgment against the plaintiffs and the cross-plaintiff on the claim that it is immune from liability for its neglige...
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Petitioners, owners of waterfront properties in New Haven harbor alleged’ to have been damaged by the S/T Sister Katingo’s discharge of a cargo of fuel oil, move to intervene in this proceeding pursuant to Admiralty Rule 34, 28 U.S. C.A. The question presented is whether, two-months after a surety bond was posted in the original action by the owner of the vessel for its release which thereupon-lef...
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Plaintiff, Lar Daly, filed his complaint against West Central Broadcasting Company and others, hereinafter referred to as the defendants, West Central Broadcasting Company and others,
1
for damages alleged to arise out of defendants’ violation of Section 315(a) of the Communications Act of 1934. 47 U.S.C.A. § 315(a). All of the defendants are engaged in the business of broadcasting t...
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This is an action by the plaintiff, Edward L. Blanscet, to review a final decision of the defendant Secretary, denying the plaintiff’s application for a period of disability and disability benefits, as authorized by the Social Security Act, as amended, 42 U.S.C.A. §§ 416 (i), 423. This court has jurisdiction of the action pursuant to Sec. 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g)....
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Petitioner seeks by writ of habeas corpus relief from a criminal sentence. On ■November 14, 1956, he was sentenced by Judge Maurice W. Sporkin in the Court ■of Quarter Sessions of Philadelphia -County, May Sessions 1956, to undergo imprisonment for a period of not less than one year nor more than four years under Bill No. 1362, charging larceny and receiving stolen goods. Petitioner claims that he...
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Petitioner Edgar Smith was convicted of murder in the first degree in the Bergen County Court. As the jury rendered its verdict without a recommendation for life imprisonment, the mandatory death sentence followed. On appeal to the New Jersey Supreme Court, a unanimous court affirmed the conviction. State v. Smith, 27 N.J. 433, 142 A.2d 890 (1958). Petitioner subsequently filed a motion with the ...
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This case is here on appeal from the denial by the Appeals Council of the Social Security Administration of plaintiff’s request for review of the hearing examiner’s adverse decision. The appeal is taken under the provisions of 42 U.S.C.A. § 405(g) which vests the District Court with “ * * * power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reve...
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On its own motion the Court has 'examined this case in the light of the jurisdictional requirements. This is our duty. National Farmers Union Property & Casualty Co. v. Fisher, 8 Cir., 284 F.2d 421.
This is a trust proceeding and has been under the jurisdiction of the State District Court since 1937.
The Crocker-Anglo National Bank of San Francisco, in filing an answer to the petition of the Trust...
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This is an action by plaintiff to recover damages alleged to have been caused by negligence on the part of defendant, Hercules Powder Company, in setting off a blast at plaintiff’s quarry and manufacturing plant in Delaware Township, Northumberland County, Pennsylvania. The matter is presently before the Court on motion of defendant for an order adding necessary parties plaintiff. From the affi...
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This case is before the Court, again, on a motion of the Plaintiff to set aside an order quashing service of process issued in accordance with the memorandum opinion of this Court heretofore written and which is to be found in 197 F.Supp. 733. In that opinion, this Court held that Vernon’s Ann.Civ.St.Tex., Art. 2031b, Section 6, dealing with service of process on foreign corporations and nonreside...
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Plaintiffs, residents of Delaware, sued the defendants, Clayton R. Farnsworth, Administrator of the Estate of Annie Farnsworth, Deceased, a resident of Pennsylvania and Allen A. Woolley and Louis Slaybaugh, residents of Indiana, for damages resulting from an automobile accident which occurred in Pennsylvania. Service upon the defendants, Woolley and Slaybaugh, was made pursuant to the provisions o...
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This is a suit for a permanent injunction in which three individuals and others similarly situated seek to restrain the Superintendent of Yellowstone National Park and agents and employees of the United States under his supervision and jurisdiction from continuing the highly controversial so-called elk-slaughtering program.
The jurisdiction of this Court is asserted on the basis that defen...
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This suit for damages, based upon personal injuries sustained as a result of a collision between two automobiles, was tried before the Court and jury. The jury on December 15,1961, found in favor of the plaintiff and assessed his damages at $5,000.00. Defendant has moved that the verdict of the jury be set aside and that a new trial be granted. The defendant submits four grounds to support the mot...
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The defendant has filed a motion to dismiss this action or to quash the summons for lack of jurisdiction of the person of the defendant. It is contended by the defendant that the service of process-, under the Tennessee non-resident motorist’s statute, T.C.A. § 20-224, on this defendant was unauthorized and that the accident alleged in the complaint occurred on private property and not on a. highw...
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These causes came before the court on motions to dismiss, filed by the defendant, Indiana Toll Road Commission. The actions are for alleged breach of contract. As an alternative, the defendant Commission moves to stay the proceedings for the reason that similar actions are pending in the Circuit Court of Marion County, Indiana.
In Cause No. IP 61-C-180, the defendant moves to dismiss the action “b...
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PART I.
This was an action for damages for wrongful death arising out of a truck-pedestrian accident which happened in the Town of Fairfield on October 3, 1957, at about 7:00 o’clock P. M. This case had been previously tried and the jury could not agree on a verdict or the answer to all of the interrogatories submitted; in this trial no interrogatories were requested. The verdict was a gen...
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In the above case a Maryland State Prisoner has on November 20, 1961, filed an amended petition for release on habeas corpus. His original petition of the same nature was filed in this court on May 12, 1961. On June 19, 1961 I reviewed at considerable length in a written opinion the averments of his. original petition and then concluded that for the reasons stated therein the petition was thereby ...
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This is an action arising under the Jones Act to recover damages for personal injuries. The jury returned a verdict which reads in part as follows: “ * * * we tkg undersigned agree to award plaintiff $45,000 for inability to fully fulfill his duties and $10,000 for pain and suffering caused by his accident due to this negligence.” The Court thereupon entered judgment in favor of the plaintiff in t...
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■ This matter is before the court on motion of defendant Frank A. Evans, Jr. to dismiss the complaint on file herein. The motion will be denied, on the ground that the court has jurisdiction of this action under 42 U.S.C.A. § 1983 and 28 U.S.C. §§ 1331 and 1343, that the complaint states a claim for relief under 42 U.S.C.A. § 1983 and that said moving defendant is not immune from suit in the circ...
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This is an action brought by the plaintiff to foreclose a mechanic’s lien on certain real estate in Marlboro County, South Carolina, and is now before me on seven separate motions, two made by the plaintiff and five made by the defendant.
The action is based upon a contract between plaintiff and Bennettsville Realty Company, defendant’s predecessor in ownership of the real estate. The pres...
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Defendant moves (1) pursuant to Rule 12(b), F.R.Civ.P., 28 U.S.C.A., to dismiss-the action on the ground that this court lacks jurisdiction of the subject matter under Article 28(1) of the Warsaw Con
*505
vention (49 Statutes at Large, Part 2, pp. 3000, 3020), or (2) pursuant to 28 U.S.C. § 1406(a) to transfer the action to the District Court of Minnesota, Third Division, on the gr...
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This is a rear-end collision case in which plaintiff’s decedent drove his trac- • tor-trailer squarely into the rear of defendant’s coal truck. The accident occurred at approximately 2:30 a.m. on December 3, 1956, on Route 22 in Whitehall Township, about one mile north of Allen- • town, Pennsylvania. The plaintiff presented evidence which established the following. Defendant Price, operator of the...
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In our first opinion and order in this case we granted the motion of defendant, Kuljian, to dismiss as to counts 1 to 12, inclusive.
Counts 13, 14 and 15 pleaded claims sounding in tort. With respect to these counts, we said:
“Briefly, count 13 alleges that Kuljian in violation of the duty owed Cook, arbitrarily and maliciously refused to approve Cook’s vouchers as a result of which D...
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Plaintiffs are citizens of the United States and of the State of North Dakota, are registered and qualified voters in said state and are entitled to vote for members of the state legislature in their respective senatorial districts. Defendants are all citizens of the United States- and of the State of North Dakota. P. 0. Sathre is Chief Justice of the Supreme Court; Leslie R. Burgum is Attorney Ge...
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Page 3987
This is a suit filed by the plaintiff, Interstate Life & Accident Insurance Company, against the defendant, RKO Teleradio Pictures, Inc., whose name thus appears in the captions of various pleadings though its correct name has been shown to be “RKO General, Inc.”, seeking to recover damages for breach of contract, attorneys’ fees, and expenses. Under the written lease agreement upon which suit was...
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On August 31, 1961, the Commissioners heretofore appointed to hear the testimony and determine just compensation for the above-named tracts, filed their report herein.
In the concluding paragraph numbered 8, the Commissioners stated their conclusion as follows, “that the fair and reasonable market value of the one hundred fifty-three acre tract as of the date of taking is the sum of Nineteen Thous...
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Plaintiff has submitted to this Court a “Motion for leave to proceed in Forma pauperis on petition for a Writ of Mandamus, and/or petition for a Writ of Habeas Corpus, * * sought to be joined with a complaint for slander and conspiracy to violate the Federal Civil Rights Act (Title 42 U.S.C.A. § 1981 et seq.). Plaintiff bases his proposed complaint on the alleged fact that, under prison regulatio...
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This is a suit brought by four colored children, by their next friends, and also by the parents, guardians or persons standing in loco parentis of the infant plaintiffs against the School Board of the City of Lynchburg, Virginia, M. C. Carper, Superintendent of Schools of the City, and E. J. Oglesby, Alfred L. Wingo and Edward T. Justis, individually and constituting the Pupil Placement Board of ...
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This petition for a writ of habeas corpus was filed by a state prisoner (Hall), who was convicted of first degree murder by a jury in the Circuit Court for Baltimore County, Maryland (Menchine and Lindsay, JJ), and was sentenced to death. The conviction was affirmed on appeal, Hall v. State (July 8, 1960), 223 Md. 158, 162 A.2d 751. Hall’s application for relief under the Uniform Post Conviction ...
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Plaintiff seeks a declaratory judgment adjudicating that the defendant is liable under a comprehensive dwelling policy is
*648
sued to the plaintiff by the defendant for the defense of the named insured and the payment of any recovery secured against the insured by Pota Dargenes, administratrix of the estate of James Athanasiou, deceased, arising out of the shooting and killing of ...
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This is a diversity suit for personal injuries stemming from an accident when the wife plaintiff fell at the entrance while leaving a grocery store operated1 by Louis Greco, third-party defendant, and allegedly in possession and control of the other corporate defendants. Upon jury trial, a verdict was returned in favor of all defendants. The sole matter before the Court is plaintiff’s Motion for N...
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This civil action was removed into this court by the United States Attorney pursuant to the provisions of Section 1442 (a) of Title 28 United States Code. One Jesse Mengel, a Field Representative of the Department of Health, Education and Welfare, Social Security Administration, had been subpoenaed before the Orphans’ Court of Crawford County, Pa. When sworn as a witness he refused to disclose the...
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This is a motion brought by the defendant for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. on the ground that defendant is entitled to judgment as a matter of law. The action is one for breach of contract.
The following facts exist without substantial controversy: The plaintiff and defendant entered into a written agreement dated December 6, 1955, wherein the d...
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Petitioner, Andrew G. Frederick, a prisoner in the Federal Correctional Institution at Danbury, has petitioned this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. The petition alleges that Frederick served 65 months and 26 days of a two-to-eight year sentence imposed March 20, 1956 by the United States District Court for the District of Columbia; that he was released on parole Se...
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This action is before us on defendant’s motion to dismiss the plaintiff’s action, or, in the alternative, plaintiff’s amended complaint.
While we have no wish to appear unduly critical, we note that the amended complaint has been drawn with little regard for the Rules of Civil Procedure relating to pleadings. For example, the complaint is captioned “Complaint in Trespass.” We call attentio...
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In this suit, Queen Insurance Company of America brings an action for a declaratory judgment under Title 28 U.S.C.A. § 2201 et seq. and for injunctive relief, and alleges diversity and a sufficient amount in controversy.
In the complaint, plaintiff alleges that it issued a contract .of liability insurance covering an airplane to one T. C. Stutts, in which the term “insured” is defined as including...
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This suit, seeking injunctive relief, was initiated by Bryan Clemmons, Sheriff of the Parish of East Baton Rouge, Louisiana, Wingate White, Chief of Police of the City of Baton Rouge, Louisiana, and John Christian, Mayor-President of the City of Baton Rouge and Parish of East Baton Rouge, State of Louisiana, as plaintiffs, against the Congress of Racial Equality, a New York corporation, hereina...
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This is a rehearing, granted at the request of the defendants because of their complaint that the two day notice under Rule 65(b) F.R.Civ.P., 28 U.S.C.A., necessarily invoked as the first hearing was held, did not afford the time they needed to answer the plaintiffs’ application for the preliminary injunction which was issued on September 23, 1961.
The controversy which led first to a restraining ...
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William Thomas Shields, a prisoner now confined in the United States Penitentiary at Leavenworth, Kansas, pursuant to his conviction and sentence on September 16,1959, under indictment No. 9009 then pending in this court, having been unsuccessful in securing relief by procedural methods prescribed by statute, tendered to the Clerk of this Court and sought leave to file herein a document entitled “...
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This is a retrial of a death action to> recover damages arising out of an airplane accident involving aircraft of Trans World Airlines, Inc., and United'. Airlines, Inc., which occurred on June 30,. 1956, in the vicinity of Grand Canyon National Park, Arizona. Plaintiff decedent was a paying passenger in the United airliner.
The case is governed by Arizona law. Upon jury trial, verdict was returne...
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Plaintiff brings this action to quiet title to certain tidelands situate within the City of Juneau adjacent to the Juneau Indian Village, claiming to be the owner in fee simple to said tidelands and that the claims of the defendants as to any estate or interest in and to the tidelands adverse to the plaintiff are without right; and also praying for injunctive relief enjoining the defendants from a...
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This is a diversity action of tort for personal injuries and property damage. Prior to trial the parties stipulated that Count 3 and that portion of Count 5 relating to personal injuries be dismissed, leaving for determination only the claim for property damage.' I find that at approximately 8:00 p. m. on February 15, 1958, plaintiff was operating his 1957 Ford automobile in a northerly direction ...
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Theodore Green, petitioner herein, filed a motion pursuant to 28 U.S.C.A. § 2255, seeking an order “that the sentence in the above-entitled case (United States v. Theodore Green, Cr.No. 52-130) be vacated, on the ground that it was imposed in violation of the laws of the United States by reason the petitioner was not afforded an opportunity to speak in his own behalf before imposition of sentence,...
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Under Louisiana law, 1 a physician or surgeon “is not required to exercise the highest degree of skill and care possible. As a general rule it is his duty to exercise the degree of skill ordinarily employed, under similar circumstances, by the members of his profession in good standing in the same community or locality, and to use reasonable care and diligence, along with his best judgment, in ...
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For a full understanding of the problems presented by this case it will be necessary to read our earlier opinions at D.C.1959, 177 F.Supp. 398; D.C.1959, 184 F.Supp. 381; and D.C.1961, 195 F.Supp. 518. To recapitulate events briefly we state that the suit at bar was brought on February 14, 1958, by Edward and Sidney Schempp as parents and natural guardians of the minor plaintiffs, Ellory, Roger a...
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Page 4008
The matters before the Court at this time are (1) the motion of Robert Bave, surviving partner of the firm of Robert Bave and R. E. Russell, individually and as co-partners trading as Hueber’s Launch Service, as owners of Launch “MAJESTIC”, hereafter called Bave, for leave to discontinue this limitation action and (2) the petition of Paul M. Goldstein, Esquire, for leave to prosecute to judgment t...
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The respondent in this action has obtained an order requiring the libelant to show cause why an order should not be made pursuant to Rule 21 of the Admiralty Rules of this court and Rule 58 of the Admiralty Rules of the Supreme Court, 28 U.S.C.A. vacating the attachment made against the property of the respondent and dismissing the libel. The libel claims $17,340 for repairs and supplies furnished...
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This action came before the Court on plaintiff’s motion to remand. Plaintiff brought this action in State Court seeking damages in the sum of $100,000 against the defendants, all of whom are physicians and surgeons in the employ of the Veterans Administration Hospital, Minneapolis, Minnesota. He alleges that the defendants failed to exercise reasonable care in performing an operation on him in ...
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In this action the plaintiffs, father and minor child, seek to recover damages for personal injuries and losses alleged to have been sustained by them by reason of the negligence of the defendant. In their complaint the plaintiffs allege that they are citizens of the State of Rhode Island and that the defendant, a common carrier engaged in the business of transporting passengers for hire, is a ...
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The principal issue involved in this decision is whether Rule 25(a) (1)1 of the Federal Rules of Civil Procedure, 28 U.S.C.A., prevails over §§ 62-2601 and 62-2602 of the Arkansas Statutes, and allows the plaintiff to maintain this cause of action against the original defendant’s estate after the time period allowed by Arkansas law for revival against his estate has lapsed.
This is an action for d...
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Defendant was tried by the court, sitting without a jury, upon an indictment charging:
“That on or about April 12, 1960, in the Eastern District of Michigan, Southern Division, Henry B. Bonga, Jr., after having been duly and regularly ordered to report for induction by Local Board No. 102, Plymouth, Michigan, did report for induction at the Fort Wayne Induction Station, 6301 West Jefferson Avenue,...
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In its opinion, filed December 14, 1961, 200 F.Supp. 1, this Court found that Jenasol capsules, an article of drug, seized under 21 U.S.C.A. § 301 et seq., was misbranded because the claims set forth in its labelling were false and misleading. On December 18, 1961 respondent obtained an order to show cause why the entry of judgment should not be stayed pending clarification of the Court’s findings...
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Plaintiff, a construction worker employed by Hughes Steel Erection Co., Inc. (Hughes) was injured while working on the Philadelphia Transportation Company’s (P.T.C.’s) elevated structure. The general contract for the work had originally been given to Delaware Valley Steel Fabricators, Inc. (Delaware Valley) ; this company in turn assigned it to A. Belanger & Sons, Inc. (Belanger). The suit is agai...
Views: 0
By this Motion, presented to the court at the pre-trial conference and filed in December 1961 after the pre-trial conference had been held, plaintiff seeks to file a Second Amended Complaint against a defendant, Bethlehem Cornwall Company, not named in either of the prior Complaints to recover for the death of plaintiff’s decedent, which occurred December 11, 1957, as the result of an accident of ...
Views: 0
This case has a tortuous history. It begins in a Louisiana state court almost nine years ago, when the Leiter Company, successor to the interests of the Leiter family, former owners of substantial acreage in Plaquemines Parish, Louisiana, who in 1938 had sold their lands to the Government for a wildlife refuge with a reservation of the minerals, filed suit1 against one of the mineral lessees of th...
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The Interstate Commerce Commission has granted the Chicago, North Shore & Milwaukee Railway a certificate of public convenience and necessity permitting abandonment of its entire line of
*85
railroad extending between Milwaukee, Wisconsin, and Chicago, Illinois.
1
The State of Illinois, Illinois Commerce Commission, and North Shore Commuters Association, plaintiffs in ...
Views: 0
This action is brought to set aside those portions of an order of the Interstate Commerce Commission which, in connection with a certificate of public convenience and necessity, granting leave to the plaintiff Railroad to abandon 4.76 miles of track, imposed provisos, known as the Burlington conditions, for the protection of employees adversely affected by such abandonment.
On August 18, 1955 seve...
Views: 1
211 F.Supp. 168 (1962)
ATWOOD'S TRANSPORT LINES, INC., Plaintiff,
v.
The UNITED STATES of America
and
The Interstate Commerce Commission, Defendants.
Civ. A. No. 403-62.
United States District Court District of Columbia.
October 11, 1962.
Edward G. Villalon, Washington, D. C., for plaintiff.
Betty Jo Christian, Atty., Interstate Commerce Commission, Washington, D. C., for defendants.
S. Harrison ...
Views: 1
Page 4021
Plaintiff, the United States of America, filed this suit under the eminent domain provisions of the Federal Aid Highway Act, the General Condemnation Act and the so-called federal “quick take” statute,
1
for the condemnation of certain lands in Peoria County, Illinois, for highway purposes.
The defendant owner of the land, pleasure Driveway and Park District .of Peoria, Illinois...
Views: 0
Following a grand jury investigation of the electrical equipment industry, the Government instituted these civil actions for damages under the Clayton Act, 15 U.S.C.A. § 12 et seq. and the False Claims Act, 31 U.S.C.A. § 231 et seq.
1
Tennessee Valley Authority is co-plaintiff in five of the suits.
The cases are now before us on three motions by defendants, all of which will be ...
Views: 5
This action is brought, and the jurisdiction of this Court is invoked, under 28 U.S.C. §§ 1336, 1398, 2284, and 2321-2325, to enjoin, set aside, annul, and suspend the order of the Interstate Commerce Commission of January 28, 1960, entered in Docket No. 32055, Louisville & Nashville Railroad Co. et al. v. Akron, Canton & Youngstown Railroad Co. et al., 309 I.C.C. 491.
The plaintiffs are t...
Views: 1
This proceeding involves an application filed under § 11(2) of the National Labor Relations Act, 29 U.S.C.A. § 161 (2), for and on behalf of the National Labor Relations Board (herein called the Board) by its General Counsel for an Order requiring Respondents C. E. Strickland and Billy Sturdivant to obey certain subpenas ad testificandum issued by the Board.
The General Counsel of the Board has he...
Views: 0
The plaintiff holds a judgment for the recovery of money against the Equity General Insurance Company, a Florida corporation (Equity), which she obtained on March 31, 1961 in the United States District Court for the District of Arkansas, and thereafter caused to be registered in this District. 1 Plaintiff then sought to enforce her “ * * * judgment of (this Court) * * * ” by causing the United ...
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REASONS FOR JUDGMENT This controversy arises out of the resignation on February 9,. 1962, of nine employees of the defendant company who were, at the time of their resignation, and still are, members of the plaintiff union. Based upon a claim by the plaintiff union that the resignations of the nine employees involved were not in fact voluntary, reinstatement of these employees was sought by means ...
Views: 0
Page 4029
216 F. Supp. 819 (1962)
In the Matter of George Charles PAPPAS, Debtor.
No. 18716.
United States District Court S. D. Ohio, W. D.
July 5, 1962.
*820 M. Teitelbaum, of Teitelbaum, Bohman, Arnovitz & Jacobson, Dayton, Ohio, for debtor.
R. L. Cousineau, Dayton, Ohio, for Public Finance Corp.
Frank C. Short, Dayton, Ohio, trustee.
WEINMAN, Chief Judge.
In this matter, Public Finance Corporation #...
Views: 1
The defendant Anaconda American Brass Company, Torrington Division, hereafter Anaconda, operates three plants in three different cities in Connecticut, in each of which a different union is the bargaining representative for the employees. Each one of the three separate collective bargaining agreements between the respective unions and Anaconda contains the following provision:
“Transfer between Di...
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Page 4031
The problem here presented is the construction of a promissory note:
$15,426.50 March 31 1959 Sixty Days after date_promise to pay to the order of INDUSTRIAL RAYON CORPORATION Fifteen Thousand Four Hundred Twenty-Six and 50/100----Dollars Payable at Cleveland, Ohio with interest at 6% per annum Value received
LASKIN BROS. OF PHILA. INC.
Harold Laskin
K-71730 Due May 30, 1959
Harold Laskin being ba...
Views: 0
Claiming to have been expelled from membership in International Brotherhood of Boilermakers, etc. and its Local No. 614 in violation of his rights under the constitution of the union and the provisions of 29 U.S.C.A. § 411(a) (5), the plaintiff brought this action for restoration of his membership rights and reinstatement to the office of president.
In a ruling which denied both the plaint...
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Plaintiff was employed by Westinghouse in the position of Stockman, Class 7 (Nights). On March 27, 1958, he was inducted into military service and served in the armed forces until March 26, 1960.
Upon plaintiff’s departure, his duties as Stockman, Class 7 (Nights) were taken over by one David Clayton who, until his elevation to plaintiff’s job, occupied a lower grade position.
The plaintiff return...
Views: 0
Page 4034
This is a proceeding for a Wage Earner Plan under Chapter XIII of the Bankruptcy Act, wherein the debtor seeks review of the Referee’s order which denied the debtor’s application for reconsideration of an order denying the application made under § 614 of the Bankruptcy Act (11 U.S.C.A. § 1014) for an ex parte injunction staying suits by unsecured creditors. *618Paragraph 7 of the debtor’s petition...
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The above entitled cause heretofore tried, argued and submitted is now decided as follows:
Upon the grounds stated in the Comment to follow judgment will be for the plaintiff as follows:
1. That plaintiff do have and recover of the defendants Howard Golden, Lucille Golden and Ruth S. Feldhorn only, the sum of $23,611.86 with interest from date of judgment.
2. That no exemplary da...
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FACTS
Upon the petition of Robert T. Williamson, Assignee for the benefit of creditors of Spur Fuel Oil Sales Corp., Assignor (alleged bankrupt), the County Court of Nassau County, by order dated February 8, 1962, authorized a sale of the assets of the Assignor by giving 5 days notice of sale to creditors and publishing the notice at least three days prior to the date of sale. The sale was fixed f...
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Page 4037
This is a petition for review of an order by the referee in bankruptcy dismissing a proceeding for a wage earner plan under Chapter XIII of the Bankruptcy Act (11 U.S.C.A. §§ 1001-1086). The debtor has had a wage earner plan confirmed less than six years prior to filing the present proceeding. That plan called for an extension of time within which his debts would be paid in full. The question cert...
Views: 0
Plaintiff, Seventeen Stone Corp., a New Jersey corporation, “suing on its own behalf and as a stockholder of General Telephone Company of Florida, on behalf of all other stockholders similarly situated and on behalf of said corporation,” brings this action against General Telephone Company of Florida (Florida) and General Telephone & Electronics Corporation (General Telephone).
*887Service on Flor...
Views: 0
Approximately a year after the VOLUNTARY PETITION UNDER CHAPTER X was filed in this case, the trustee filed this Petition, requesting that the creditor (A. T. Massey Coal Company, Inc.) having an outstanding lien on the primary asset (cleaning plant and tipple) of the debtor, which might be productive of income, show cause why an order should not be entered against it requiring it to make availabl...
Views: 2
Review is sought of the Referee’s order of December 21, 1961 denying the Trustee’s petition for an order directing that the bankrupt turn over to him vacation pay which had been earned by her at the time of the filing of her petition on July 7, 1961, and which she subsequently received on July 20, 1961. The facts upon which the Referee’s order is based are not in dispute. At the time of the fil...
Views: 0
The plaintiff, trustee in bankruptcy of Spohn Motor Company, Inc. (Spohn), brought this action, pursuant to § 60 of the Bankruptcy Act, as amended March 18, 1950, 11 U.S.C.A. § 96 (1961 Supp.), to recover from the defendant, Universal C.I.T. Credit Corporation (UCIT) the value of property transferred to UCIT from Spohn within four months of filing the petition in bankruptcy.
The underlying...
Views: 0
This case has been submitted to the court for decision upon the Petition for Review of an order made by the Referee in this case. The debtor filed his original petition under the provisions of Chapter XIII of the Bankruptcy Act, 11 U.S.C.A. § 1001 et seq. and scheduled as one of his creditors the petitioner for review, Mid-State Homes, Inc. He' also scheduled as an asset a house and lot, subject ...
Views: 2
This is a proceeding initiated by the Trustee of the debtors to determine whether the liability of LeJohn Manufacturing Company to McGinnis Investment Corporation should be classified as a “General Unsecured Claim” or as a “Secured Claim”, as defined in the Plan of Reorganization of LeJohn approved by Judge Alexander Bicks on August 19, 1960. The liability is in the amount of $13,-689, and is e...
Views: 0
This suit in equity was brought by the trustee of the estate of Arkansas Business Development Corporation (ABDC), a bankrupt, against certain named defendants who are sued individually and as representatives of a class. After the action was commenced, additional parties intervened, aligning themselves with the defendants in opposition to the claims of the trustee.
The purpose of the suit is to sec...
Views: 0
The Trustee’s petition to review an order of the Referee questions the validity of a chattel mortgage on certain personal property given by the Bankrupt, a body corporate engaged in the sale of hotel and restaurant supplies and equipment in Baltimore County, Maryland, to Mercantile-Safe Deposit and Trust Company (hereinafter called “Mercantile”) to secure a $15,000.00 loan.
After the Bankrupt cons...
Views: 0
On or about June 8,1960, the bankrupt purchased an automobile under a retail installment contract. This contract, purchased by General Motors Acceptance Corporation, was properly filed in the Town of Hamburg, where bankrupt resided and where the automobile was kept. Thereafter, she moved to Buffalo, a new filing district, but the contract was not refiled. A petition in bankruptcy was filed on Marc...
Views: 0
Defendant, William E. Mathies, Jr., has been indicted at Criminal Action No. 62-1 for violation of Section 152 of Title 18 United States Code, this indictment containing seven counts. In a second indictment, Criminal Action No. 62-2, the same defendant and his wife, Marion M. Mathies, have been charged with conspiracy to violate the same section of the bankruptcy act in a one count indictment whi...
Views: 0
Page 4048
On February 15, 1956 the Small Business Administration of the United States loaned Lawrence Ampel, also known as Larry Ampel, the bankrupt herein, $28,-000, for which it took his promissory note secured by a second mortgage on “Larrabee Cottages” at Pleasant Valley, New York. The mortgage was subordinate to a then existing first mortgage of $30,000. The loan was for the purpose of repairing flood ...
Views: 0
This suit is now before the Court for a decision with regard to the adoption of a plan for the desegregation of the public schools of the City of Chattanooga, Tennessee. Before considering and discussing the various plans of desegregation submitted for considex-ation by the parties, it is appropriate to review the history of this lawsuit. This is a civil rights action brought pursuant to the pr...
Views: 0
'This action came before the Court for trial without a jury. Plaintiff is the assignee of Patent 2,-740,896, issued to Carl S. Miller on April :3, 1956. The application was filed May 10, 1947. Plaintiff claims that defendant has contributed to the infringement of this patent and, by its activities in selling a machine called Masterfax, has induced others to infringe. The inventor, Carl S. Miller, ...
Views: 1
Page 4051
Findings of Fact
1. The plaintiffs are corporations which are carriers by railroad engaged in interstate commerce, are “carriers” as defined in the Interstate Commerce Act and Railway Labor Act, and are subject to the provisions of those acts. Collectively the plaintiffs are known as the Southern Railway System.
2. The defendants are incorporated and unincorporated associations which are the dul...
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This cause came on for hearing before the Court on October 23, 1962, on plaintiff’s motion for a preliminary injunction, upon the pleadings and affidavits of plaintiff and oral argument of counsel for plaintiff and defendants, from all of which the Court makes the following determinations :
Findings of Fact
1. Defendants have filed no answer and have not denied or offered testimony in contradict...
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Page 4053
This is a petition of Quellon-King Company to review a decision by Referee Carl D. Friebolin denying a motion to re-open this case and vacate an entry of dismissal.
The findings of fact made by the Referee, as to which there is no dispute, reflect that Willie Decius Brooks filed his petition and was adjudicated bankrupt on September 28, 1960. A trustee was appointed, who filed a report of “No Asse...
Views: 1
On or about September 6, 1961, Acme Concrete and Supply Corp., (Acme) alleging that the respondent, a labor organization within the meaning of Sections 2(5), 8(b) and 10(l) of the National Labor Relations Act, (The Act) had engaged and was then engaging in unfair labor practices within the meaning of Section 8(b) (4) (i) (ii) (B) of the Act (Section 158(b) (4) (i) (ii) (B) of Title 29 United State...
Views: 1
Petition by Mann-Forbes & Co., Inc. (hereafter “Mann-Forbes”), a judgment-creditor of the bankrupt, for review of an order by Honorable William J. Rudin, Referee in Bankruptcy, dated November 20, 1961, as amended on December 1, 1961, determining the priority of distribution of funds realized from the sale of the real property of the bankrupt. The property in question has been subjected to unpaid l...
Views: 0
Application under Section 39, sub. c, of the Bankruptcy Act, 11 U.S.C.A. § 67, sub. c, to extend time to file a petition for the review of the referee’s order denying the bankrupt a discharge.
On October 27, 1961 the referee rendered a decision sustaining certain objections to the bankrupt’s discharge. On October 31, 1961 a copy of a proposed, order denying the discharge, with due notice of settle...
Views: 2
Specifications of objections having been filed to the discharge of said bankrupt by Crown Finance Corporation, a small loan institution, alleging that the bankrupt did, on November 4, 1960, obtain a loan of money through the medium of a false financial statement, and that said indebtedness was not dischargeable in bankruptcy, the Referee fixed a date for hearing said objections. Eight days prior t...
Views: 0
This action was instituted on April 20, 1961, when the debtor herein, Skysweeper, Inc., filed its voluntary petition under Chapter XI of the Bankruptcy Act (11 U.S.C.A. § 701 et seq.). A proposed arrangement was subsequently filed whereby the general unsecured creditors could elect to take 25% of the amount of their claims in cash, in full satisfaction thereof or 100% of the amount of the claims p...
Views: 0
This is a petition to review a decision and order of the referee in bankruptcy which, in substance, denied the right of conditional vendors to reclaim machinery in the possession of the trustee which had been sold to the bankrupt under two conditional sales contracts. On July 29, 1960 the referee rendered a decision holding that the conditional sales contracts under which the machinery had been so...
Views: 0
Respondents move to dismiss this action for lack of jurisdiction. Jurisdiction is claimed under the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 401 et seq. and particularly under Sec. 501(a) and 501(b), which read as follows: “§ 501. “(a) The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such org...
Views: 0
Louisville & Nashville Railroad Company v. Cantrell, Civil Action 2867, is a declaratory judgment action instituted by the plaintiff for a judicial determination as to the method to be followed for arbitrating the claims of the defendants growing out of the merger of the Louisville and Nashville Railroad Company and Nashville, Chattanooga and St. Louis Railway. The action involves the same group o...
Views: 0
Local 149, Boot and Shoe Workers Union, AFL-GIO, plaintiff, filed a complaint to enforce an arbitration award of $116,-600.00, plus interest and costs, against Faith Shoe Company, Wilkes-Barre, Pennsylvania, defendant. Jurisdiction is based on § 301 of the Labor Management Relations Act of 1947, as amended, Title 29 U.S.C.A. § 185. Defendant has moved to dismiss the complaint.
The complain...
Views: 0
The defendant has moved (1) to dismiss the indictment on the ground that it fails to charge an offense under the statute involved, (2) to permit the attorney for the defendant to inspect the Grand Jury Minutes, or, in the alternative, that the Court inspect them in camera, (3) for an order under Rule 7(f) of the Federal Rules of Criminal Procedure, 18 U.S.C., directing the Government to file and s...
Views: 4
Plaintiff brought this action against the Brotherhood, the general chairman of its general grievance committee, Woodward, and the Railroad. He claims that he was wrongfully discharged from his employment by the Railroad as a locomotive fireman and that his discharge was caused by a notice from Woodward and the Brotherhood to the Railroad that he had violated the union shop agreement by neglecti...
Views: 1
This is a two-pronged suit under the Labor Management Reporting and Disclosure Act, naming both the union and employer as joint defendants based upon an alleged conspiracy to secure plaintiff’s expulsion from the union and his dismissal from his employment, 29 U.S.C.A. § 401.
Two motions are presently before the Court:
1. Motion of William G. Johnston Company, defendant, and plaintiff...
Views: 1
The N.L.R.B. has filed in this Court an application for an order requiring respondents Thayer, Inc., Wilder Industries, Inc., and Catherine F. Theis, (all of whom will hereafter be called “Massachusetts persons”) and Thayer, Inc. of Virginia (hereafter called “Virginia”) to obey certain administrative subpoenas *603duces tecum heretofore served upon them. The service was made in connection with a ...
Views: 0
This is a motion by a union, pursuant to Rule 65, Federal Rules of Civil Procedure, 28 U.S.C.A., for a preliminary injunction to compel an employer to comply with an arbitration award reinstat
*215
ing an employee discharged for violation of a company rule prohibiting gambling. The employee had been convicted for the knowing possession of policy slips upon the employer’s premises d...
Views: 1
This is an action by International Chemical Workers Union, Local #6, Plaintiff, against Olin Mathieson Chemical Corporation, Defendant, for breach of a collective bargaining agreement. Defendant filed its answer, and thereafter, filed a motion for summary judgment pursuant to Rule 56, Fed.Rules of Civ.Proc. (28 U.S.C.). Attached to said motion was an affidavit, together with certified copies of...
Views: 0
THE COURT:
The plaintiff, American Airlines, has moved for a preliminary injunction against the Transport Workers Union of America, International AFL-CIO, Michael Quill, Matthew Guinan and James F. Horst, individually and in their representative capacities, as stated in the caption of this case.
A hearing has been held today, and testimony has been taken.
The preliminary injunction would be effect...
Views: 0
The Regional Director of the Second Region of the National Labor Relations Board (herein called “the Board”) has filed this petition pursuant to Section 10 (Í) of the National Labor Relations Act, as amended 29 U.S.C.A. § 160(1) (herein called “the Act”) for a temporary injunction pending the final adjudication before the Board of the matters herein involved on a charge filed by Intertype Company,...
Views: 0
Consolidated Edison Company of New York, Inc., invoking federal jurisdiction under Section 1337 of Title 28, United States Code, has filed this suit to permanently enjoin the Regional Director for the Second Region of the National Labor Relations Board from conducting a representative election among certain of plaintiff’s employees and from carrying out an Order of Election of the Board made Augus...
Views: 0
In this proceeding arising under the provisions of the Landrum-Griffin Act, defendants’ motion for summary judgment poses two questions which require the Court’s determination: 1. Whether, under the Landrum-Griffin Act, jurisdiction exists in the Federal District Court to review the removal from office of a local union officer for actions taken by him as a union officer. 2. Whether, under the...
Views: 2
This cause came on to be heard upon the verified petition of Robert E. Greene, Acting Regional Director of the First Region of the National Labor Relations Board (herein called the Board) for a temporary injunction pursuant to Section 10(f) of the National Labor Relations Act, as amended (herein called the Act), 29 U.S.C.A. § 160(0, pending the final disposition of the matters involved herein pend...
Views: 0
On February 9, 1962, the plaintiff in the above-styled ease filed a complaint in this Court alleging, in substance, that he should be granted a temporary restraining order to prohibit the defendant from holding representation elections at plaintiff’s printing plant on February 13, 1962, for the purpose of determining whether either, neither, or both of two petitioning unions represent the employee...
Views: 0
Plaintiffs move for a temporary injunction enjoining defendants from proceeding in any manner to carry out or effect a merger of plaintiff Local 1345 with any other I.B.T. local union or unions or otherwise to suspend, limit or terminate the autonomy of Local 1345, anil from conducting a referendum among the combined memberships of Locals Nos. 1, 8,124, 329, 1059, 1096 and 1345 of the Internationa...
Views: 0
Page 4083
This action was brought by the Regional Director of the Seventeenth Region of the National Labor Relations Board, pursuant to Section 10 (i) of the National Labor Relations Act, as amended (Section 160(i), Title 29 U.S.C., 29 U.S.C.A. § 160(i)), for a temporary injunction pending the final disposition of the matter involved herein pending before the Board on a charge filed by Spartan of Highway 50...
Views: 0
Motion by plaintiff to strike out affirmative defense pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., i. e., that the affirmative defense is insufficient in law or immaterial, impertinent or redundant. This action is brought by the Secretary of Labor against defendant local labor organization, pursuant to Section 402(b) of the Labor-Management Reporting and Disclosure ...
Views: 1
Page 4086
Defendants have filed a motion for a more definite statement under F.R.Civ. P. Rule 12(e) 28 U.S.C.A. and in the alternative for dismissal under Rule 12(b). Local Union No. 8, one of the defendants, has also filed a separate motion for dismissal under Rule 12(b)(5) on the ground of insufficiency of service of process upon it. Plaintiff admits the insufficiency of service of process but treats it a...
Views: 5
Page 4088
Philadelphia Photo-Engravers’ Union No. 7, I.P.E.U. of N.A. (hereinafter “Union”) brought this action under Section 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185(a) against Parade Publications, Inc. (hereinafter “Employer”) seeking to compel Employer to submit to arbitration Employer’s refusal to pay a certain premium rate to Joseph Cleary, a member of Union and an employ...
Views: 0
On January 16, 1960, our late and lamented colleague, Judge Egan, entered an order restraining defendants from directly or indirectly picketing or in any other manner interfering with the voyage of the S.S. Madison Bell, a cargo vessel owned by plaintiff, a Liberian corporation, and then in the Port of Philadelphia.
The Court of Appeals, after certain proceedings not here material, held that the c...
Views: 2
Plaintiff filed this action for a permanent injunction against the defendants as individuals and in their respective capacities as officers of the United Brotherhood of Carpenters and Joiners of America (the Union). He asserts a cause of action pursuant to Sections 102, 304 and 609 of the “Labor-Management Reporting and Disclosure Act of 1959” (the Act) (29 U.S.C.A. §§ 412, 464(a) and 529) on b...
Views: 2
On February 1,1960 Interscience Publishers, Inc., a New York corporation (herein Interscience or Employer), entered into a contract with District 65, Retail, Wholesale & Department Store Union, AFL-CIO (herein the Union), whefein Interscience recognized the Union as exclusive bargaining agent of the clerical and shipping employees of Inter-scie'nce. The contract was for a term ending January 31...
Views: 1
The complaint in this cause alleges that as to Counts I, II and III, jurisdiction is based upon Section 102 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 401 et seq.), and that Counts IV and V state claims arising out of the common law of the State of Illinois and fall within the pendant jurisdiction of this court because the facts and circumstances giving rise to suc...
Views: 2
This litigation concerns an impending plant relocation. At issue are employment rights at the new plant. The matter is before the court on defendant’s motion to dismiss the complaint.
The allegations contained in the complaint may be summarized as follows. Plaintiffs are five Michigan citizens who are presently employed at defendant’s chemical plant in the City of Wyandotte, Michigan. Defendant is...
Views: 0
The petitioner, Regional Director of the Second Region of the NLRB (herein the Director), moves that, pending final disposition of the matters involved pending before the NLRB, respondent (herein Mailers Union) be enjoined from striking or engaging in any form of work stoppage against News Syndicate Co., Inc. (herein the News), the charging party before the NLRB.
The charge, which was filed by the...
Views: 0
This case arises from a contention of the defendant that the action should be dismissed for failure to state a claim upon which relief can be granted. The contention is made both in the answer and by a separate motion under Rule 12 (b) (6), F.R.Civ.P. 28 U.S.C.
By amendment to the complaint it is sufficiently pleaded that the plaintiff has no effective administrative remedy available to him within...
Views: 0
Plaintiff brings this action to enjoin the defendant from alleged violations of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U.S.C.A. § 201 et seq.). The specific acts complained of are that the defendant is alleged to have employed certain persons in its Little Rock terminal in the capacity of “dispatchers” without compensating them for their employment in excess of forty h...
Views: 0
This matter having been fully tried before the Court, and the Court having read the pleadings filed herein by the respective parties, and the Court having heard and examined all the testimony, documents and exhibits presented by the respective parties and admitted into evidence, and the Court having heard and considered the arguments submitted by counsel in support of their respective positions, a...
Views: 0
Petitioner, Regional Director of the Twentieth Region of the N. L. It. B., seeks a temporary injunction against respondent pending final disposition of charges filed by California Association of Employers on behalf of its employer-member, Martino’s Complete Home Furnishings, pursuant to Section 10 (l) of the National Labor Relations Act (29 U.S.C.A. § 1S0(Z)). Petitioner alleges that respondent Un...
Views: 0
This case involves an application of the Secretary of Labor to secure judicial enforcement of subpoena duces tecum issued by him and served upon the Sewell Manufacturing Company, a corporation (hereinafter referred to as respondent) . The purpose of the subpoena was to launch an investigation under the authority of the Labor-Management Reporting and Disclosure Act, 29 U.S.C.A. § 521. The return an...
Views: 0
Plaintiff (“the Union”) sues to compel defendant (“the Company”) to arbitrate a grievance relating to tempoi’ary promotions of personnel. Both parties, agreeing that there is no real issue of fact between them, have moved for summary judgment. For reasons to be discussed hereinafter, the Company’s cross motion for summary judgment dismissing the action is granted.
The collective bargaining agreeme...
Views: 2
This is an action brought by the Secretary of Labor under Title IV of the Laboi'-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. 481 et seq., to set aside an election of officers held by defendant, an unincorporated labor union, on June 17, 1960, or, in the alternative, to exercise its general equity power to enjoin the Local from conducting an election in violation of the sections of...
Views: 0
Plaintiff (“District 65”) seeks a temporary injunction restraining the defendant Regional Director from conducting a representative election pursuant to the National Labor Relations Act (29 U.S.C. § 151 et seq.). The Regional Director has cross-moved to dismiss District 65’s complaint or, in the alternative, for summary judgment.
Essentially, this case presents a problem of interpretation of the c...
Views: 0
This is an action under section 301(a) of the National Labor Relations Act, 29 U.S.C.A. § 185, to compel arbitration un*166der the relevant section of a collective bargaining agreement between the parties. The defendant has filed a motion to compel answer to a certain interrogatory relative to the grievance procedure and a motion to dismiss based on the grounds that this Court is without jurisdict...
Views: 2
This is a motion to dismiss a complaint brought pursuant to the Bill of Rights of the Labor-Management Reporting and Disclosure Act of 1959 (hereinafter referred to as the 1959 Labor Act), 29 U.S.C.A. § 401 et seq. The plaintiffs allege that the defendant, International Union, through the individual defendants, Klingensmith, Gaughan and Paulussen, who are administering Local 945 pursuant to a trus...
Views: 1
This case comes before this court on the defendants’ motions to dismiss.
Defendant, Douglas Aircraft Corporation, entered into a collective bargaining agreement with the defendant, International Association of Machinists, Local No. 720, as exclusive bargaining agent for the employees at the defendant’s plant at Torrance, California, and has entered into a similar agreement with the defendant, Unit...
Views: 1
A collective bargaining agreement between the defendant, Douglas Aircraft Company, Inc., and, the intervenor, In
*704
ternational Association of Machinists, contained an “agency shop” provision requiring all non-union employees, as a condition for continued employment, to pay to the Union a “service fee” equivalent in amount to Union membership dues. This agreement further provided...
Views: 0
This is an action under 29 U.S.C.A. § 431(c) brought by a member of defendant union to permit him to examine certain union records. Attorney’s fees and costs are also requested. The statute in question states, in part:
“Every labor organization required to submit a report under this subchapter shall make available the information required to be contained in such report to all of its members, and e...
Views: 0
This is an action by six plaintiffs-brought on their behalf by the United' States Attorney under the provisions of' the Selective Training and Service Act of 1940, as amended,1 wherein they seek to obtain seniority status higher than that accorded to them by the defendant railroad upon their return from military service during World War II. The union-of which they are members has also been named a...
Views: 3
This is an action brought by the Secretary of Labor under § 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C.A. § 482 (b)], hereinafter LMRDA, to set aside an election for Secretary-Treasurer held by defendant, District Council No. 21, on June 24, 1961. Defendant Union, relying on the Seventh Amendment and Rule 38, has demanded a jury trial. Plaintiff has moved to str...
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Petitioner applied to this Court under 29 U.S.C.A. § 401 et seq. for an order directing Local 502, the respondent herein, to appear before the petitioner or his representative, to give evidence and to produce and deliver the custody of certain documents, pursuant to an administrative subpoena duces tecum. The respondent presented the books and records to the petitioner but refused to surrender the...
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This matter is before the Court on cross motions for summary judgment filed by both the United Steelworkers of America, AFL-CIO, et al., plaintiffs, and the General Electric Company, defendant. The action was brought by the plaintiff labor organizations against the defendant employer for an order to compel the employer to arbitrate grievances filed by thirteen of the defendant’s employees in the p...
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This is an action brought under Section 301 of the Labor Management Relations Act, 29 U.S.C.A. § 185, commonly known as the “Taft Hartley Act,” regarding a refusal by the defendant to arbitrate under a collective bargaining agreement between the parties.
Both parties have moved for Summary Judgment.
The plaintiff Union and the defendant Corporation entered into a labor agreement on the 24th day of...
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Plaintiffs, members of Helpers Local No. 42, have filed a complaint under the Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C.A. § 401 et seq.] (hereinafter LMRDA) setting forth five claims against the Local, the International and two individual defendants. The claims include allegations of an unlawful increase in dues, improper discipline of plaintiffs, failure to reveal informat...
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This case is before the Court upon the petition of a Regional Director of the National Labor Relations Board (Regional Director, or Board) pursuant to 29 U.S.C. § 160(Z), for an injunction, pending the final disposition of a charge before the Board, restraining the respondent labor union local (Local) from picketing at or in the vicinity of certain restaurant premises operated by neutral employers...
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Page 4152
Plaintiffs, employees of Star Corrugated Box Co., Inc., and members of the Folding Box, Corrugated Box and Display Workers Local 381, move for a preliminary injunction enjoining defendants from giving any effect to, enforcing, or otherwise putting into operation a collective bargaining agreement executed between Local 381 and Star. The challenged contract has been in effect since October 14, 19...
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This court must decide whether, under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, it should require specific performance by this employer of the provisions of the award of an arbitrator in this collective bargaining agreement. Defendant admits that it entered into the contract in question; that the matter was heard and submitted to a duly appointed arbitrator for decision, ...
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This case is before the Court on motions by all four defendants to dismiss plaintiffs’ complaint.
Plaintiffs, who bring this action on behalf of themselves and others adversely affected, are former employees of defendant, Lehigh & New England Railway Company, and its predecessor, Lehigh & New England Railroad Company, and former members of the three defendant Brotherhoods: Lodge 713, Brotherhood o...
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This is a petition by the Regional Director of the National Labor Relatioxxs Board, pux-suant to Section 10(f) of the National Labor Relations Act (hereinafter x-eferred to as “N.L.R.A.”), 29 U.S. C. § 160(f), fox* a temporary injunction against the Respondent (hereinafter re*59ferred to as “Local 27”), restraining it from picketing the premises of Star Corrugated Box Co. (hereinafter referred to ...
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The questions presented in this case relate to the power of equity to restrain
*419
serious interference with business operations and continuous damage to property, as well as some aspects of the NorrisLaGuardia Act. This suit is brought by Potomac Electric Power Company as plaintiff against the Washington Chapter of the Congress of Racial Equality and Julius W. Hobson, its Chairma...
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The material stipulated facts on which both parties have submitted motions for summary judgment are these:
The plaintiff was employed by the defendant continuously from November 1, 1945, to July 2, 1954, when he left to enter military service. While he was in the service, the company and the bargaining agent for its employees entered into an agreement providing for the first time for severance pay...
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This is an action by a Korean War veteran under § 9 of the Universal Military Training Act of 1948, as amended, [50 U.S.C.A.Appendix § 459] to compel his employer to advance his position from number 33 on the seniority work roster to number 15. The employer has moved, under Rule 19(b) F.R.C.P., to have joined as “necessary parties” those employees who currently hold numbers 15 to 32 as well as the...
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This action is brought by former members in good standing of a union local (Local 14) against the local’s parent labor organization (United or U.A.), and against a new local (Local 69) chartered by United following the revocation of the charter of Local 14. Plaintiffs joined as an additional defendant another local (Local 274) which was (and continues to be) in existence both before and since the...
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1962 U.S. Dist. LEXIS 4167: Brotherhood of Railroad Trainmen v. Denver & Rio Grande Western Railroad
Page 4167
This matter is before the Court on petitioner Brotherhood’s motion to dismiss respondent railroad’s counterclaim for lack of jurisdiction over the subject matter and for lack of jurisdiction over the person. The substance of the principal litigation, as it was originally instituted, involves a petition filed pursuant to Section 3, First (p) of the Railway Labor Act (45 U.S.C. § 153, First (p) ), s...
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The action was brought by United Garment Manufacturing Company, hereinafter referred to as United Garment, against Minnesota Joint Board, Amalgamated Clothing Workers of America, hereinafter referred to as Joint Board, and Amalgamated Clothing Workers of America, hereinafter referred to as Amalgamated, under Section 301(a) of the Labor Management Relations Act, 29 U.S.C.A. § 185(a), for damages ar...
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Under Section 301 of the Taft-Hart-ley Act, 29 U.S.C.A. § 185, and the “judicial inventiveness” doctrine of Textile Workers Union v. Lincoln Mills, 353 U.S. 448, 457, 77 S.Ct. 912, 923, 1 L.Ed.2d 972 *797(1957), plaintiff motor carrier sues a local of the teamsters’ union for alleged violation of a no-strike provision in an alleged labor contract. The motion to dismiss is based on the ground that ...
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This action is brought by plaintiff as the bargaining agent for certain employees of the defendant under Section 301 of the Labor Management Relations Act, 29 U.S.C.A. Section 185. In the Complaint, plaintiff asserts that certain management employees of the defendant have on occasions been assigned to perform duties of the members of the Union. This is not denied by the defendant. It is asserted b...
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This is an action brought by the Secretary of Labor under Section 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 217; the plaintiff seeks to enjoin the defendants from a continuation of defendants’ alleged violations of the Act’s overtime provisions.
The defendants are engaged in the general construction business, which includes the construction of factories and other manufa...
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Are employees of a construction company engaged in building a new manufacturing plant in an occupation, closely related to and directly essential to the production of goods for interstate commerce ?
No talismanic or abstract tests, embodied in tags or formulae, can do service for judgment or dispense with painstaking appraisal of all the variant elements which must be considered to determine cover...
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The plaintiff commenced this action on April 22, 1960, against his former employer to recover unpaid overtime compensation, an additional equal amount as liquidated damages, and a reasonable attorney’s fee, as provided by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. After a trial without a jury the Court finds the following facts. The defendant is an individual doing...
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This action is purportedly brought under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. Defendant moves under Rule 12(b) to dismiss the action for failure to state a claim upon which relief can be granted and for lack of jurisdiction over the subject matter. Plaintiffs move for a preliminary injunction. Plaintiffs are former employees of defendant. The complaint alleges that whil...
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The Defendants consented to permanent injunctive judgments against them in these cases for erstwhile violations of the Wage and Hour Act. These judgments were entered fifteen years ago in Number 1079, almost six years ago in Number 2563 and four years ago in Number 929. The defendants move to dissolve these injunctions as being no longer useful or necessary to serve any good purpose and as being d...
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This is an action brought against the defendant, Kirstein Leather Company, by six former employees thereof who seek to recover unpaid overtime compensation alleged to be due them pursuant to the provisions of Section 16(b), Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., as amended.
The defendant has filed a motion for summary judgment, based primarily on the grounds (1) that as a mat...
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This action was brought by the Secretary of Labor under the provisions of Section 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. § 201 et seq.), and seeks an injunction.to restrain the defendants from violations of the Act.
*728In compliance with Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A., I find the facts specially and state my conclusions of law thereon in the above c...
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Pursuant to authority vested in him by the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201, the Secretary of Labor instituted this action against Wilbur C. Williams, individually and doing business as Baton Rouge Oil Company, and Wilbur C. Williams and Aswell Courville, individually and as a partnership, doing business as WWC Trucking Service, to recover for Albert Efferson, John J. Effers...
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On September 24, 1962, the defendant, Hoemer Boxes, Inc., filed its motion to dismiss the complaint of plaintiffs on the ground that the complaint fails to state a claim upon which relief can be granted. It was specifically alleged in the motion:
(1) That the original complaint of the defendant herein filed by it as plaintiff in the Sebastian Chancery Court, Fort Smith District, on March 7, 1962, ...
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This action, presently before the Court on defendant’s motion and amended motion to dismiss, was instituted by plaintiff R. F. Rhine in McCracken Circuit Court at Paducah, Kentucky, on December, 1, 1961. December 26, 1961, defendant Union Carbide Corporation filed its petition for removal of the action to this Court, alleging diversity of citizenship and requisite amount in controversy.
On Decembe...
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Plaintiff, a member of defendant Union for approximately ten years, seeks to -enjoin said Union from carrying out its Trial Committee’s recommendations, to wit, the expelling of plaintiff from membership in the Union unless plaintiff is afforded a reasonable time to prepare a defense; is served with written, specific charges; and afforded a fair hearing. The charges against plaintiff, as detailed...
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After notice by the plaintiffs to the defendant, plaintiffs presented to the Court a pleading entitled Application for Relief' and Motion for Injunction. The defendant appeared and was represented by counsel. Counsel respectively argued’ their cases and submitted to the Court the-constitution of the Brotherhood of Railroad Trainmen, which counsel agreed" was the internal governing law as it relate...
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Early in 1961 the relatively small Interstate Railroad Company, operating in Wise and Scott Counties, Virginia, was, with approval of the Interstate Commerce Commission on February 16, 1961, acquired by the Southern Railway Company. The order approving and authorizing the acquisition contained a clause, known as Condition No. 8 of the so-called Oklahoma conditions (adopted as part of the New Orlea...
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The defendant has filed motions to dismiss and to strike. The former is based on the Court’s lack of jurisdiction over the subject matter and failure to state a claim. One portion of the motion to strike is predicated on the same ground raised in the motion to dismiss, namely, that the statute on which the action was brought can be applied prospectively only. The second phase of the motion to stri...
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The complaint in this action, brought under the provisions of the Federal Tort Claims Act, seeks money damages based upon two claims or causes of action. The first claim was brought under the provisions of Section 130 of the Decedent Estate Law of the State of New York, McKinney’s Consol. Laws, c. 13 and may be referred to as a death action or action to recover damages on account of personal injur...
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The plaintiff made application for the establishment of a period of disability and for disability insurance benefits pursuant to Section 216 (i) of the Act, 42 U.S.C.A. § 416 (i), and monthly disability insurance benefits under Section 223 of the Act, 42 U.S.C.A. § 423, as amended. The Bureau of Old Age and Survivors Insurance of the Social Security Administration disallowed the application and...
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This matter came on for trial to the Court on the 20th day of December, 1962, upon an agreed statement of facts. The *617Court hereby adopts the agreed statement of facts as the findings of fact of this Court. From the agreed statement of facts it appears that the defendant Clarence J. Gisi entered into agreements to store grain for the Commodity Credit Corporation. To insure the faithful performa...
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The Trustees, engaged in the reorganization of various corporate debtors pursuant to Chapter X of the National Bankruptcy Act, have moved for the appointment of a Receiver to manage and con*639trol certain property in New York City pending the determination of its ownership and of their right to recover damages. The property in question consists of a 14 story and penthouse apartment building locat...
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This is a petition to review an order of the Referee in Bankruptcy denying petitioner’s motion for leave to file an “amended” proof of claim against Chemo Puro Manufacturing Corporation 60-B-551 for accounting services allegedly performed at the request of the debtor prior to the filing of a petition for arrangement. The sole question presented is whether, in the absence of the filing of any proof...
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Plaintiff has brought a wrongful death and survival action as the administratrix of the estate of her deceased son, a boy 13 years of age, who was fatally injured on November 30, 1961. The accident occurred at about 5:30 P.M. while he was walking along the south berm of U. S. Route 30, approximately five miles west of the City of Lancaster. He was struck by a motor vehicle owned and operated by...
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Defendant Addison Raymond Ketchum (hereinafter Ketchum) was indicted by a grand jury which charged him with nine separate crimes. Ketchum seeks by this motion brought under Rule 12(b) of the Federal Rules of Criminal Procedure to have counts 2 through 8 dropped as being duplicative of count 1. The indictment charges that Ketchum was an employee of the International Cooperation Administration (here...
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Consolidated Sun Ray, Inc., Hybla Valley Development Corp., and Blauner’s, Inc., applied for and received restraining orders directed against Joscar Co., which were granted until December 17, 1962. Counsel were advised that we would hold ■further hearing on that date and make a determination whether to vacate the restraining orders or to issue a preliminary injunction.
The Court, after hearing and...
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Page 4216
(on assignment) . Petition for Review of a decision by the Referee in Bankruptcy. Petitioner alleges that the bankrupt obtained a loan of money through the medium of a false financial statement, and alleges that this indebtedness was not dischargeable in bankruptcy. The Referee held that the petitioning creditor has a complete and adequate remedy in the state court and therefore declined to ass...
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Page 4218
On August 30,1960 a creditor’s petition was filed on behalf of Youngstown Sheet and Tube Company praying for a decree in involuntary bankruptcy against C. C. Thomas, alleging the commission of the third act of bankruptcy (paragraph 6 of
*189
the Petition)
1
and the first act of bankruptcy (paragraph 7).
2
A creditor’s petition to intervene was filed by Webb ...
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By their verified Petition duly filed, Messrs. Neville Holcombe, T. Sam Means, Jr., and Robert F. Chapman, who were retained by the Trustee as his attorneys, under my order of September 14, 1961, D.C., 197 F.Supp. 505; have asked for the allowance of partial compensation to be paid them now on account of their total compensation to be determined at the close of the bankruptcy. Their Petition sets ...
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This matter is before the Court on petition for review filed by the First National Bank of Attalla, Alabama. On April 9, 1962, the Referee enjoined the First National Bank of Attalla, Alabama, from proceeding to judgment in case No. 5109 in the Circuit Court of Etowah County, Alabama, styled The First National Bank of Attalla, a National Banking Association v. Benjamin Kahn and Rose Kahn; feeling ...
Views: 0
Page 4221
Invoking the jurisdiction of this court under the provisions of 45 U.S.C.A. § 153 First (p), petitioners pray for the enforcement of Award 19,862, Docket 36,935 of the National Railroad Adjustment Board, First Division, entered February 17, 1961, by an appropriate judgment against respondent.
Motions for a summary judgment were filed in behalf both of petitioners and respondent. Each of such motio...
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This matter is before the Court on a Petition for Review filed by the New Jersey Bank and Trust Company, a judgment-creditor of the above named bankrupts, respondents herein. The petitioner (hereinafter referred to as the “bank”) seeks a review of an Order of the Referee in Bankruptcy, dated September 19, 1961, which restrains the bank from proceeding with the enforcement of the judgment it recove...
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Witnesses Sally Jones, Mary Thomas, and June Delsando appeared before a Grand Jury conducting an investigation into alleged violations of 29 U.S.C. § 501 (c), 29 U.S.C. § 439(c), 18 U.S.C. § 371, and other related crimes arising out of the purchase with union funds of an automobile for the private use of an individual who had no connection with the union. They refused to answer questions before th...
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This matter is before me for the second time with the factual situation slightly changed. On October 2, 1962 I rendered an opinion herein in which I held that the Referee in Bankruptcy could not properly enjoin a proposed sale by the trustees under a deed of trust on real estate owned by the Debtor, Richard F. Hallenbeck, and his wife as tenants by the entirety, the debt secured thereby being in d...
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Page 4225
Bernard P. Chamberlain has filed a Petition for Review of the order of the Referee entered herein May 17, 1962 *763which, in effect, held that the Bankrupt was entitled to a credit of $5,000.00 on a $5,000.00 bond of the Bankrupt payable to Chamberlain — so that, in effect, nothing is due Chamberlain on that bond. It appears that by contract dated June 13, 1956 Chamberlain gave Decker an option to...
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On October 22, 1962, a verified petition was filed in this Court by Tacoma Tran*958sit Company, by its Trustees in Dissolution, seeking to reopen reorganization proceedings which were terminated by order of this Court entered on November 6, 1935. Paragraphs 1 and 2 of the petition state: “1. The Petitioner is a corporation of the State of New Jersey in dissolution, formal dissolution proceedings h...
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Citizens Bank of Montana, the petitioning creditor in this involuntary proceeding, has moved the court in each case for an order requiring the production, inspection and copying of substantially all of the business records of the alleged bankrupts, Everette Shulund and Lois K. Shulund, and three corporations controlled by the Shulunds.
The petitions charge the alleged bankrupts with suffer...
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Plaintiff brings this action to enjoin the defendants, a Massachusetts corporation and its two principal officers, from violating the provisions of §§ 15(a) (2) and 15(a) (5) of the Fair Labor Stand*376ards Act of 1938, as amended, 29 U.S.C.A. §§ 215(a) (2) and 215(a) (5). Plaintiff has moved for summary judgment. The parties have filed a stipulation of facts. It is agreed that the sole issue is w...
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This is a petition under section 32 of the Bankruptcy Act, 11 U.S.C. § 55, for the transfer of a Chapter XI arrangement proceeding to the District of Massachusetts.
The debtor, Nova Shoe Company, Inc., is a corporation duly organized and existing under the laws of Massachusetts. On September 4, 1962, it filed a petition for an arrangement pursuant to section 322 of the Bankruptcy Act, 11 U.S.C. § ...
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The petitioner, World Broadcasting System, Inc., on October 15, 1962, in accordance with order of the Referee extending the time for filing, filed its petition for review of an order entered by the Referee in Bankruptcy on October 1, 1962, disallowing the claim of petitioner.
On October 24, 1962, the Referee filed his Certificate containing the entire record, including the transcript of th...
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This is an action under Section 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g)), to obtain judicial review of a decision of the Secretary of Health, Education and Welfare, which denied plaintiff’s claim for certain Social Security disability benefits. The Secretary’s final decision holds that the plaintiff failed to establish that he was disabled within the meaning of the law....
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Defendant has moved for transfer of the action to the United States District *797Court for the District of Rhode Island, pursuant to 28 U.S.C.A., § 1404(a).1
Plaintiff is trustee of the estate of a bankrupt and sues to recover preferential payments which he alleges were made by the bankrupt to the defendant aggregating $157,335.19. Defendant is a Rhode Island corporation and has its principal plac...
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The plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare, holding that he was not entitled to old-age insurance benefits.
Both plaintiff and defendant have moved for summary judgment pursuant to the provisions of Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. For the reasons hereinafter stated, it is found that the determination of the Sec...
Views: 0
Page 4234
This suit was brought in the District Court by Greater Chicago Auto Auction, Inc., an Illinois corporation, hereinafter referred to as Auction, against Associates Discount Corporation, an Indiana corporation, hereinafter referred to as Associates, and Ellis Burnett, d/b/a Burnett Used Cars, a resident of the Eastern District of Missouri, hereinafter referred to as Burnett. There is diversity of ci...
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Plaintiff has objected to certain interrogatories served upon it by the defendant and has moved to compel more complete answers by the defendant to interrogatories served by the plaintiff. The interrogatories objected to are: “3. Give the names and addresses of the person or persons who filed a grievance or grievances within the provision of Article IX of the Agreement attached to the Complaint...
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On October 25, 1950, Beatrice Hausman, claimant herein, caused to be issued an insurance policy upon the life of her son, Benjamin Hausman, the wife of Benjamin Hausman being named as beneficiary in the policy. On November 21 of the same year, the ownership of the policy was transferred to the insured, Benjamin Hausman. Thus remained the status of the policy until August 24, 1959, when the two chi...
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On January 26, 1962 Richard Francis Hallenbeck, hereinafter called the Debtor, filed his petition under Chapter XIII of the Bankruptcy Act (11 U.S.C.A. §§ 1001-1086). The statements filed showed that he owned a lot valued at $12,000.00 against which he had mortgage indebtedness of $10,618.84 and he estimated his equity in the property at $500.00. Actually, it appears from other documents that t...
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This matter comes before the Court on the motions of Defendants for dismissal of the complaint, or, in the alternative, for summary judgment; and on the motion of Plaintiff for summary judgment.
Plaintiff, Local Union No. 112, with headquarters in Cincinnati, by its complaint seeks injunctive relief and asks the Court for an order directing the General Counsel of the National Labor Relations Board...
Views: 0
This case is before the Court at this time on a motion of the defendants to vacate a temporary restraining order heretofore issued. The salient facts are as follows. Plaintiff, Potomac Electric Power Company, is a public utility furnishing electric light and power in the City of Washington and its environs. The defendant, Washington Chapter of the Congress of Racial Equality, is an organization...
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In this case the Plaintiff, The Miami Herald Publishing Company, filed its Complaint against Harold A. Boire, as Regional Director, Twelfth Region, National Labor Relations Board, seeking to enjoin a representation election by certain employees of the Plaintiff. The Complaint alleged that the Defendant acted in willful violation of the provisions of the National Labor Relations Act by providing in...
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This matter came on for a hearing on debtor’s petition for reorganization and upon the answer objecting thereto and seeking dismissal thereof filed by John L. Hawkins, Trust Mortgagee. After hearing testimony from various witnesses called by the petitioner and the trust mortgagee, I find the following facts. Petitioner, Omega Aircraft Corporation, is a corporation organized under the laws of the S...
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This case arises from the alleged damaging of a $110,000 shipment of golf clubs in transit from Chattanooga, Tennessee to Los Angeles, California. The principal suit is brought by First Flight Company, the owner of the clubs, against National Carloading Corporation, the company to which the clubs were originally delivered for shipping from Chattanooga. The complaint purports to state a claim un...
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The action herein is brought under Title II of the Social Security Act, as amended, Title 42 U.S.C.A. § 405(g), which seeks review of a final decision of the Secretary of Health, Education and Welfare.1 The Social Security Act2 provides for payment of disability insurance benefits to a person who is insured under the Act and is under a disability. The term “disability” as defined in the Act3 means...
Views: 1
This Chapter X bankruptcy case is before the court on exceptions to the report and recommendation of the referee, sitting as a special master, to whom Judge Chesnut had referred 14 applications for the allowance of fees and expenses.*1411 The master took testimony, heard arguments, considered briefs and filed a careful 54-page report. Most of the applicants have excepted to the report, contending ...
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Reclamation petitioner claims $612.25 which represents money the Trustee received for goods sold by the petitioner to the bankrupt two days before the bankrupt filed his voluntary petition on October 27, 1961. The Trustee sold the goods pursuant to an agreement with the petitioner. Mort Co. called a meeting of its creditors in July of 1961 for the purpose of effectuating a settlement. The set...
Views: 0
Defendants move to dismiss the indictment in the instant case on the ground that improper selection of the Grand Jury denied them of their right to a representative Grand Jury. They also move to suppress all evidence taken by the Grand Jury together with all leads and elues derived therefrom. The Court set this matter down for a hearing commencing on April 11, 1962. The defendants presented to ...
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Page 4247
Petition by the bankrupt for review of an order of the Referee in Bankruptcy denying the bankrupt a discharge on the grounds that the bankrupt failed to keep books and records and to explain satisfactorily the loss of assets or deficiency of assets to meet his liabilities 1 On November 16, 1961 the bankrupt, then an employee of the Post Office Department, filed a voluntary petition in bankrup...
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This action was brought by the plaintiff’s predecessor to have the defendant enjoined from violating the minimum wage (Sections 6 and 15(a) (2)), overtime (Sections 7 and 15(a) (2), and record keeping (Sections 11(c) and 15(a) (5)) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. § 201 et seq.), hereinafter referred to as the “Act”.
The questions to be decided by this court are: We...
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This action is against the executrix of a deceased Distributing Agent for a bankrupt in a Chapter XI proceeding, under 11 U.S.C.A. § 701 et seq., to recover the amount of a debt due from the Debtor to the United States, and also against the surety upon the Agent’s bond (to the extent of the penalty of $10,000 thereof). Plaintiff bases its alleged right to recover upon the provisions of 31 U.S.C.A....
Views: 1
This is a petition by Sachs Quality Stores, Inc., a creditor herein, to review an order of Hon. Sherman D. Warner, Referee in Bankruptcy, dated July 30, 1962, which dismissed its application for a stay of the bankrupt s discharge. Its application was based on the following facts: On September 14, 1959 it sold to the bankrupt certain household furniture for $582.84, plus service charges. After a de...
Views: 0
Plaintiff, the United States, brought suit against the defendant, Saul H. Kassan, under 28 United States Code § 1345 to recover $822.84 plus interest at 4% per annum, which sum of $822.84 was alleged to have been paid by the Veterans Administration to The First National City Bank of New York, hereinafter called the “Bank” on a guarantee of. a veteran’s loan made by the Bank to defendant and upon w...
Views: 1
Page 4252
'An involuntary petition in bankruptcy was filed in the United States District Court for the Western District of Virginia, Roanoke Division, on October 8, 1959 against Letcher H. Bowles and Benjamin A. Bowles, a partnership trading under the name of B. A. Bowles Company. In due course the defendants were adjudicated bankrupts. There is a voluminous record of the subsequent proceedings, most of whi...
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These two actions involve a collision between the MV CEARA and the MV MARTHA ANN which occurred on the 7th day of November 1960, at 6:50 p. m., in Mobile Bay.
The MARTHA ANN is a twin screw, steel hulled, diesel propelled, ocean going, dry cargo vessel of Panamanian registry, and of 574 gross tons. She is owned by J. R. Atkins of Mobile.
The CEARA is a single screw, steel hulled, diesel propelled,...
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Defendant was convicted by the verdict of a jury under the so-called membership clause of the Smith Act. 18 U.S.C. § 2385. That Act, among other things, makes a felony the acquisition or holding of membership in any organization which advocates the overthrow of the Government of the United States by force or violence with knowledge of its purposes.1 The indictment charged that from July 26, 1945, ...
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This controversy is before the court on a petition of Tedesco, Inc., the respondent, for review of an order of the Referee in Bankruptcy, dated December 22, 1961, which allowed the petition of the Trustee to surcharge Tedesco, Inc.
The Referee, after a hearing held on August 18, 19, 24, and 25, 1961, and a hearing on December 19, 1961, made certain findings of fact and conclusions of law which are...
Views: 0
Page 4256
On February 2, 1962, A. Edward Harnik and William C. Thalheimer, d/b/a Philips Art Gallery, filed joint petitions asking that they, as individuals, and the partnership be adjudged to be bankrupts within the purview of the Bankruptcy Act, and on said date were duly adjudged a bankrupt.
On February 23,1962, the first meeting of the creditors was held. The Referee’s notes of the hearing, inter alia, ...
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STATEMENT OF THE CASE.
Curtis Williams, previously adjudicated a bankrupt in this court, and having obtained his discharge brings this action against Colonial Discount Company, a lending corporation who was listed in the bankrupt’s schedules as a secured creditor. Plaintiff is a Negro laborer with a considerable family and earning moderate wages. Defendant, holding a judgment against petitioner wh...
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On May 2, 1961, pursuant to authorization of its Board of Directors, Barchar, Inc., (Barchar or bankrupt) a New Jersey corporation trading as Black Coach Inn, filed its petition for an arrangement under Chapter XI of the Bankruptcy Act. Among those in the list of accounts payable annexed to the petition, Combined Kitchen Equipment Co., Inc. (Combined or conditional vendor) was listed as claimant u...
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On or about April 23, 1962, James M.. Haynes, Judge of the Third Circuit. Court for Knox County, Tennessee, entered judgments awarding damages to Ellen O’Hara and John Grady O’Hara,. Jr., in the respective amounts of $14,-000.00 and $3,200.00, against Jim Clayton Motors, Inc. (hereinafter called Clayton) and H. T. Kern, Trustee in Bankruptcy for Clayton, for injuries sustained in an accident resul...
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The Referee, by his order of May 23rd 1962, denied the motion of Construction Machinery & Supplies Corp. that its •claim of $3,653.59 against the bankrupt foe allowed as a secured claim, but allowed said claim as an unsecured claim. To have said order reviewed Construction Machinery & Supplies Corp. timely ■filed its petition for review under consideration herein.
After hearing argument from the r...
Views: 0
This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), 42 U.S.C.A. § 405(g) (Supp. III, 1962), to review a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for the establishment of a period of disability — the so-called “disability freeze” — and for monthly disability insurance benefits. 1 The p...
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This is an action in which the United States of America, hereinafter referred to as Plaintiff, seeks a recovery of certain assessed and outstanding taxes, penalties and accrued interest against Defendant, Fabricated Air Products Company, Inc., hereinafter referred to as Fabricated, in the total amount of $3,-984.83, plus interest as provided by law, and attempts to enforce its tax liens against pe...
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This is an action under the Social Security Act, Section 405(g) of Title 42 of the United States Code Annotated, seeking review of a final decision of the Secretary of the Department of Health, Education and Welfare, wherein the plaintiff was denied old-age insurance benefits as an allegedly fully insured individual having attained a retirement age, 42 U.S.C.A. § 401 et seq. It was stipulated by t...
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This is the third in a series of suits filed in this court immediately following the decision of the Supreme Court in Baker v. Carr, 1962, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663. In Sanders v. Gray, N.D.Ga., 1962, 203 F.Supp. 158,1 we struck down the Georgia County Unit System of primary elections in the form in which it then existed because of resulting invidious discrimination to the plaintif...
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Page 4266
Vanderbilt Copes, Jr., debtor, filed a petition for extension of time in which to pay his debts under Chapter XIII of the Bankruptcy Act. The debtor’s plan was rejected by B-W Acceptance Corporation, hereinafter called B-W, a secured creditor. The plan was confirmed over the rejection and B-W petitioned for reclamation of certain furniture which secured the debt. Reclamation was denied on the g...
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We have before us for review an order of Referee Hiller in a bankruptcy reclamation proceeding. Petitioners claim title to certain property found in the possession of the bankrupt corporation. They claim that the property involved belongs to Donald M. Balliet and Lambert Lux, the principals of the bankrupt corporation and that even if the property does constitute part of the bankrupt’s estate a p...
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Hearing upon a petition for review has been had. This matter involves the claim of Wadsworth Homes, Inc., now known as James H. Stanton Construction Company. The Company claims a lien against Lots 11, 12 and 13, and against the proceeds of the sale of Lot 19. It is undisputed that the Company did not file its claim of lien with the Recorder of Knox County, Illinois within four months of delivering...
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The sole question to be determined in this cause is whether or not a judgment creditor acquires a lien upon personal property attached in the possession of a third person which takes precedence over the claim of a receiver appointed subsequently to the attachment to moneys belonging to or owing to the judgment debtor. The facts are:
On March 30, 1962, a writ of attachment was issued in the above-e...
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This is an action for a mandatory injunction 1 brought against the District of Columbia Director of the Department of Motor Vehicles and the Safety Responsibility Officer of that Department. For some time prior to March 19, 1943, the plaintiff was the holder of a valid D. C. motor vehicle operator’s permit and had the privilege of registering a motor vehicle in this jurisdiction. On January 19, 19...
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Page 4273
This is a petition to review an order of the Referee in Bankruptcy dismissing the reclamation petition of Bender and Shoemaker. The Referee held that petitioner’s security interest in certain air conditioning and heating equipment was voidable by the Trustee as a preferential transfer under Section 60, sub. b of the Bankruptcy Act. The undisputed facts are set forth in the petitioner's brief as fo...
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The cement plant of Texas Portland Cement Company, the Debtor (one of the smallest in capacity in the United States), began operations in March of 1957. On July 7, 1958, these corporate reorganization proceedings were instituted, and since that time the plant of Debtor has been operated by Trustees, reporting the financial results of such operations to this Court each month. The plant of Debtor ha...
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Nortex Trading Corp., a claimant in the above-entitled bankruptcy proceeding, seeks to review an order of a referee in bankruptcy denying its motion to vacate the service of an order to show cause. Nortex contends that jurisdiction is lacking because of failure to effect personal service of the order to show cause. The proof of claim filed by Nortex contained a printed form of power of attorney in...
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This action is by Albert Wright, owner of 1325 acres of farm land in Bath County, Kentucky, of which 1275 acres are considered crop land on which he has produced and marketed tobacco for many years under and pursuant to the provisions of the Agricultural Adjustment Act of 1938, as amended, 7 U.S.C.A. § 1311 through § 1368.
Petitioner invokes jurisdiction of this Court for review of the determinati...
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This is a petition for review of an Order of the Referee in Bankruptcy Ordering the trustee to pay over to the Denver Public Schools Credit Union $300.00 of the proceeds of the sale by the trustee of an automobile upon which such said credit union held an unrecorded chattel mortgage given by the bankrupt prior to bankruptcy.
The referee did not make specific findings of fact but it appears that th...
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This suit was instituted by T. Ryland Dodson (hereinafter called the Trustee), Trustee in Bankruptcy of Temple Men’s Shop, Inc. (hereinafter called the Bankrupt), against J. C. Lumpkin (hereinafter called Lumpkin) and Security Bank and Trust Company, a Danville, Virginia, bank (hereinafter called the Creditor Bank), to recover a preference alleged to have been given by the Bankrupt to Lumpkin and ...
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The defendant, Sidney H. Evans, operates a plant in Philadelphia, Pennsylvania, for the manufacture of clothing, which has a collective bargaining agreement with Sportswear, Ski-Suits and Weatherproof Garment Workers’ Union, Local 246 of the Joint Council of Locals 79 and 246, International Ladies Garment Workers’ Union. Under the terms of the agreement, Evans is permitted to have work done outsid...
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Page 4280
This case is before this Court by petition for review of an order of the Referee dismissing proceedings instituted under Chapter XIII of the Bankruptcy Act, 11 U.S.C.A. § 1001 et seq. The question presented is whether debtor’s discharge in a straight bankruptcy proceeding within a prior six year period deprives this Court of jurisdiction to confirm an extension plan presented pursuant to Chapter ...
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This diversity suit was brought by plaintiff, S & C Electric Company, to recover from Fidelity and Casualty Company of New York, the surety on a contractor’s payment bond, the unpaid purchase price of a switch-gear supplied by plaintiff for the construction of new approaches to the San Francisco Bay Bridge. The bond was furnished by O. S. Jones & Sons, the general contractor for the construction w...
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This action is before the Court for review of the decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for a period of disability under Section 216(i) of the Social Security Act, as amended, (42 U.S.C.A. § 416(i)) and disability benefits as provided by provisions of Tit. 42 U.S.C.A. § 423. Plaintiff was given a hearing on his application before the Hearing Exa...
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This is a petition for review of an order of Referee Loewenthal denying the application of petitioner R. J. Saunders & Co., Inc., to have its claim of $68,-997.23 declared a prior claim. The order allowed the amount as a general unsecured claim.
There is no substantial dispute as to the facts, which are set forth in Referee Loewenthal’s findings. The petitioner is a customs broker. For several yea...
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Page 4284
On December 16, 1960, the bankrupt executed a “Note and Security Agreement” by which he mortgaged to Popular Finance Corporation (hereinafter called the creditor) certain items of personal property. This “Note and Security Agreement” was duly recorded in the Jefferson County Court Clerk’s office on December 27, 1960.
The mortgagor was adjudged a bankrupt in this Court on March 18, 1961. Th...
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Plaintiff, Chicago and North Western Railway Company, (North Western) brought this action against defendants, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Brotherhood of Railroad Trainmen, Switchmen’s Union of North America, AFL-CIO, all unincorporated associations, and various officials of each of said associations as officials of said associations and ind...
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The complaint herein sets forth that the action arose under Section 301 of the Labor Management Relations Act (Act of June 23, 1947, 61 Stat. 156, 29 U.S.C. § 185 (1958), 29 U.S.C.A. § 185) and under the Declaratory Judgment Act (Act of June 25, 1948, 62 Stat. 964, as amended May 24, 1949, 63 Stat. 105, 28 U.S.C. § 2201 (1958)).
The complaint then alleges that one of the plaintiffs is the successo...
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FACTS
Plaintiff (Union) and defendant (Employer) entered into a collective bargaining agreement, dated April 30, 1959, which by its terms was to continue until April 30, 1960, and to be renewed from year-to-year thereafter, unless either party to the agreement gave notice in writing to the other 60 days prior to the expiration date “ * * * and a date set to negotiate a new Agreement.” 1 During the...
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Defendant Robert Ezersky, along with fifteen other defendants, was indicted for transporting motor vehicles in interstate commerce with knowledge that the same were stolen, and for conspiracy to transport said vehicles. The indictment charged Ezersky with ten (10) substantive violations. At the close of all *713the evidence one of the substantive counts against Ezersky was dismissed on motion of t...
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This petition to review the decision of the Referee in Bankruptcy challenges the determination by the Referee that certain merchandise in the possession of the bankrupt, and delivered to it by Allied Appliance Distributors, Inc., was on consignment, and that title did not pass to the Trustee.
After the bankrupt had consented to an order of adjudication, and while a receiver was in possessi...
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This is a petition brought by A. Robert Gordon, the Trustee in Bankruptcy, to review an order of the referee, dated December 27, 1961, granting a reclamation petition in part. The reclamation petition was brought by Frank A. Varricchio, a conditional vendor. It was granted as to a bulldozer and a flat-bed trailer and denied as to a Chevrolet dump truck. The findings of fact certified by the ref...
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Page 4291
The bankrupt, a farmer, gave to the Seaboard Finance Company, Franklin, Virginia, a written false financial statement with an intent to deceive the lending institution as to his true financial condition. The company, relying upon this statement, made a loan in the sum of $600.00 on January 30, 1959, which loan was in full payment of an existing loan with additional cash being advanced to the ba...
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This action is now before the Court on a Petition filed by Gilberto Rios, Carmelo Melendez, Armindo Velez and Demetrio Ramos, for the Review of the Referee’s order of October 17th 1961 which denied said claimants request for the reconsideration of the previous order of the Referee which had disallowed their claim No. 621. Upon due consideration of the record on review and the arguments of counsel ...
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This is an action in which petitioner, Local Lodge No. 1836 of District 38 of the International Association of Machinists, AFL-CIO (Union), seeks enforcement of an alleged agreement to arbitrate a dispute between it and the respondent, Raytheon Manufacturing Company (Raytheon), an employer of members of the Local.
The petitioner is an unincorporated association with a principal place of business i...
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On July 14, 1961, the plaintiff filed his complaint seeking to recover large sums of money against the various defendants.
On August 5, 1961, the court granted the individual defendants additional time to August 28, 1961, in which to answer or otherwise plead.
On August 9, 1961, the court sustained the motion of defendants Associated Employers Insurance Company and Light Adjustment Co...
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This is an action brought by the plaintiff under 29 U.S.C.A. § 187 to recover •damages for unlawful secondary boycott .activities engaged in by the defendant in violation of said section. Jurisdiction of this Court is found in 29 U.S.C.A. § 187 (b). By stipulation of counsel the evidence offered at the hearing was limited to the question of liability, evidence of ■damages being reserved until afte...
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Plaintiffs, national labor organizations, as the representatives of nonoperating employees of defendant Butte, Anaconda & Pacific Ry. Co., bring this action to enjoin defendants from reducing by $4,000 the amount of group life insurance provided each non-operating employee of B. A. & P. who desires to participate in such group life insurance program. Defendant B.A. & P. is a wholly owned subsidiar...
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Page 4297
The issue in this matter is whether a certain Salem Boat with a 30 H/P Mercury Motor and a homemade trailer, Virginia Certificate of Title No. 1282458, used for carrying the boat at the rear of an automobile, properly belong to the Trustee in Bankruptcy or to one M. A. Dillard or jointly to the bankrupt’s general estate and one Daniel B. Ratcliff, but subject to an indebtedness of Rat-cliff to Aut...
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Plaintiff, Donald C. Rarick, petitioned for relief from an order entered pursuant to a stipulation between the parties, dismissing with prejudice his action against the defendant Union and some of its officers. He thinks he is entitled to have his action reinstated under Rule 60(b) (1) and (6), Fed.R.Civ.P., 28 U.S. C.A. A hearing was held and briefs were submitted. In our opinion the petition sho...
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LaFranee, a former fireman on the Michigan Central division of the New York Central Railroad, brought this suit for damages arising out of his discharge by that railroad. Defendants are the Brotherhood of Locomotive Firemen and Enginemen and Elmer T. Shiplett, chairman of the General Grievance Committee of the Brotherhood. Defendants move for summary judgment.
LaFranee was employed as a fireman fr...
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This is a motion by the President of the International Union of Electrical, Radio and Machine Workers, APL-CIO (hereinafter Union), an unincorporated labor organization, to compel arbitration of twelve
1
grievances between members of various locals of the parent union and the General Electric Company (hereinafter Company). The action was originally commenced in the New York State Sup...
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203 F.Supp. 612 (1962)
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AGRICULTURAL IMPLEMENT WORKERS OF AMERICA and its Local Union, No. 463, (AFL-CIO), Plaintiffs,
v.
The WEATHERHEAD COMPANY, Defendant.
Civ. No. 35494.
United States District Court N. D. Ohio, E. D.
March 29, 1962.
Lowell Goerlich, Washington, D. C., for plaintiffs.
Frank C. Heath, Herbert J. Hansell and Stuart Merz, Cleveland...
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On October 20, 1961, plaintiffs, comprising some 116 individuals, were among those employed at defendant Mack Trucks’ manufacturing plant in Plain-field, New Jersey. The Master Bargaining Agreement, entered into between plaintiffs’ collective bargaining representative — the International Union, United Automobile Workers of America (U.A. W.) — and defendant, terminated on that date.
On Octo...
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This is an action instituted by Arthur L. Holdeman, president of Local 88 of the International Organization of Masters, Mates and Pilots of America (hereinafter referred to as “Local 88”), on behalf of the union against defendants Lloyd Sheldon and Frank T. Scavo, officers of Local 88, pursuant to 29 U.S.C.A. § 501(b), for certain alleged unlawful acts of the defendants, as officers of the unio...
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Plaintiff aircraft company, which employs about 1,000 pilots throughout the country (300 of whom are based in California), has brought this action against defendant Division, seeking to restrain it from conducting an investigation and a hearing with respect to a dispute between plaintiff and the Airline Pilots Association (called Alpa).
There is no dispute as to the facts. On February 20, ...
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Suit was initiated in the District Court of the State of Colorado, Las Animas County. The plaintiff seeks relief in the amount of $8,600.00 for accrued pension benefits and hospitalization coverage alleged to be due to him under the United Mine Workers of America Welfare and *382Retirement Fund of 1950, a trust created in accordance with the National Bituminous Coal Wage Agreement of 1950 and auth...
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This is an action for violation of the collective bargaining agreement between the Publishers’ Association of New York City, an unincorporated association, (the Association) and its member newspapers, as employer, and the New York Typographical Union No. 6 (the Union), as representative of the composing room employees of the member newspapers. Plaintiff Macneish sues as Treasurer of the Associatio...
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Page 4312
The crux of the controversy, submitted by these motions, involves principally the right of an individual employee, a Union member, to invoke the grievance procedure provided in a collective bargaining agreement.
The Black-Clawson Company, Inc., hereinafter referred to as “Black” or the “employer”, through its paper machine division, is engaged in a manufacturing operation at Watertown N. Y. During...
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Page 4315
Plaintiff, Flight Engineers’ International Association, A. F. L.-C. I. O., TWA Chapter, hereinafter referred to as “FE IA”, has moved for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. granting a summary judgment in its favor. Defendant, Air Line Pilots’ Association, International, A. F. L.-C. I. 0., hereinafter referred to as “ALPA”, has moved for an order dismi...
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This is a suit brought under the provisions of the Labor Management Relations Act (29 U.S.C.A. § 185) to compel the defendant to submit a dispute between it and the plaintiff to arbitration. Plaintiff contends that the dispute is a grievance which the collective bargaining agreement requires the defendant to arbitrate: defendant contends that the dispute is not a “grievance” as the term is used in...
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This petition filed by the Regional Director of the Fifth Region of the National Labor Relations Board (the Board), pursuant to sec. 10 (i) of the National Labor Relations Act1 (the Act), seeks a temporary injunction pending final adjudication of the Board of the matters involved in a charge filed by Dorsey Owings, Inc. (Dorsey), alleging that respondent (Local 557) has engaged in, and is engaging...
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Plaintiff E. T. Simonds Construction Company (hereinafter referred to as employer) filed its complaint alleging a violation of contract between it and the defendants, labor organizations.
Jurisdiction is founded on Section 301 of the Labor Management Relations Act, as amended (29 U.S.C.A. § 185). Plaintiff is a corporation organized under the laws of the State of Delaware and is authorized to do b...
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Page 4320
Plaintiff, an unincorporated association, by and through their representative officers, individually and as representatives of the Air Line Pilots employed by Trans V/orld Airlines, Inc., instituted this suit against the defendant seeking a mandatory injunction requiring the defendant to enforce the arbitration award of the TWA-ALPA System Board of Adjustment, and the matter before the court now i...
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Page 4321
This action is brought by the petitioner, the Director of the Second Region of the National Labor Relations Board (hereinafter called the Board), for a temporary injunction against the respondent under Section 10 (Í) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 160 (l) (hereinafter called the Act). The injunction is sought pending the final disposition of the matters here involve...
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In this proceeding arising under the provisions of the Landrum-Griffin Act, defendants’ motion for summary judgment relates solely to the jurisdiction of this Court under Title I, § 101(a) (5), 29 U.S.C.A. § 411(a) (5). The following question is posed: In an action under the LandrumGriffin Act, does the United States District Court have jurisdiction under Title I, Section 101(a) (5), 29 U.S.C.A. §...
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Philip Fusco, Regional Director of the Eighth Region of the National Labor Relations Board, filed a petition in this Court for and on behalf of the National Labor Relations Board, for injunctive relief. The matter is now pending final disposition before the National Labor Relations Board on a complaint filed by American Bakery & Confectionery Workers International Union, Local 219, AFL-CIO.
...
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This action was tried before the Court. At the close of the plaintiffs’ case, the defendants’ motion for a directed verdict was overruled and when the defendants offered no evidence, their renewed motion for a directed verdict was likewise overruled, and the case is submitted on the briefs of the parties.
The plaintiffs: W. E. Wells and Sybil R. Wells, partners d/b/a “Tye and Wells, Contractors,” ...
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Both actions herein, brought pursuant to Section 301, L.M.R.A., 29 U.S.C.A. § 185, raise the question of whether there is a contract between a labor organization and an employer which has been violated. Action 62-C-139 is brought by Duralite Company, Inc. (“Duralite”) to stay pending arbitration proceedings commenced by Local 485, International Union of Electrical, Radio & Machine Workers, AFL-CIO...
Views: 0
Page 4327
On or about April 3, 1962, the Eastern Camera and Photo Corp., (hereinafter called Eastern or the employer) filed a charge with the National Labor Relations Board, alleging that the respondent District 65, Retail, Wholesale and Department Store Union, AFL-CIO, a labor organization (hereinafter called the Union) was and had been engaged in unfair labor practices within the meaning of Section 8(b) (...
Views: 0
Page 4328
In an action commenced by an employer against a labor organization under Section 301 of the Labor Management Relations Act (29 U.S.C.A. § 185) to recover damages for the alleged breach of a no-strike clause in a collective bargaining agreement, the defendant moves to dismiss on the alternative “jurisdictional” grounds that there was no contract in force at the relevant time and that if there had b...
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In this action brought by the union to enforce an arbitrator’s award under a collective bargaining agreement, the plaintiff union has moved for summary judgment.
*573The agreement, dated August 15, 1959, between the union and defendant, a Philadelphia manufacturer, contains this provision:
“The Employer will not permit any work to b.- performed for it, directly or indirectly, outside of its own sh...
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This action is brought by a labor organization as the collective bargaining representative of the employees of defendants. Plaintiff seeks $30,000.00 damages for the alleged violation of the National Bituminous Coal Wage Agreement of 1950, as amended, and prays also for a declaration of the rights, duties and liabilities of the parties under said contract.
Defendants have filed two motions to dism...
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These are two companion actions brought by tugboat operators against various labor organization defendants and certain of their officers and representatives.1 The first cause of action in each Complaint is based on § 303 of the Labor Management Relations Act, 29 U.S.C.A. § 187, and alleges that the defendants induced individuals employed by plaintiffs, Pennsylvania Tidewater Dock Company, and empl...
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This is an action by a former employee of defendant for wrongful discharge. Defendant moves pursuant to Fed.R. Civ.P. 12(b) (1, 6), 28 U.S.C.A. to dismiss the complaint, on the grounds that the court lacks jurisdiction over the subject matter, and that the complaint fails to state a claim upon which relief can be granted. Jurisdiction is based on diversity.
Defendant has submitted several affidavi...
Views: 0
This is a motion by plaintiff for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., granting summary judgment in favor of the plaintiff and against the defendant.
The plaintiff union, Local 453, International Union of Electrical, Radio & Machine Workers, AFL-CIO, seeks in this action to confirm an arbitration award dated May 24, 1961 and to compel the defe...
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The plaintiff Arthur Vars, Sr., after being summarily removed from the office ■of President of Local 614, was subsequently expelled from union membership .after a hearing at which three charges against him were found to be true.
The first of these charges was laid within the defendant’s Constitution, Article XXI, Section 1(f), “mishandling, misappropriating or otherwise misusing •union fun...
Views: 0
This is a labor dispute, detonated by the local union’s having lodged a complaint with the employer. Jurisdiction is properly obtained under 29 U.S.C.A. § 185. See § 301 Labor Management Relations Act of 1947, 61 Stat. 156.
Neither the union nor management seeks to have the substantive matter of their dispute resolved in this proceeding. Formally, the narrow question presented by this litigation i...
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Page 4341
In a suit brought under § 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185, to require defendant to comply with a decision of an arbitrator, defendant moves for summary judgment.
The decision of the arbitrator was rendered on May 23, 1960, in regard to the lay-off provisions of Articles of Agreement and Supplemental Wage Agreement (the “Contract”), dated December 8, 1958, betwe...
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These cases are before the Court upon the motion of plaintiffs to consolidate for joint trial. It is asserted that the actions involve common questions of law and of fact. For convenience, Case No. 4191 will be referred to as the Allen case and Case No. 4194 as the Kennedy case. The motion is opposed by defendant upon the ground that some of the facts involved in the Allen case are not relevant to...
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Defendant discharged from its employ Raymond Freedman, president of plaintiff union, after discovering that and because Freedman had obtained possession •of, and made notes in his own handwriting from, confidential company memoranda prepared by defendant’s negotiators for use in wage negotiations with the union. Freedman represented the union in these negotiations. He refused to say how or from wh...
Views: 0
This proceeding, now not uncommon in the District Courts, is based upon the petition of the Regional Director for a temporary injunction pending the final disposition of unfair labor practice charges by a contractor’s association against the respondent union. The petition has the usual statements of facts and law, set forth in detailed and somewhat intricate combination, to support the alleged cha...
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MEMORANDUM AND JUDGMENT
This is a suit for specific performance of an award made by an arbitrator selected to arbitrate certain grievances arising during the term of a collective bargaining agreement which was at all times here pertinent in force between plaintiff, United Furniture Workers of America, AFL-CIO, Local No. 395, hereinafter called the Union, and Virco Manufacturing Corporatio...
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1962 U.S. Dist. LEXIS 4349: Elliott ex rel. National Labor Relations Board v. Dubois Chemicals, Inc.
Page 4349
This proceeding was instituted on November 21, 1961, on a petition of the National Labor Relations Board under the provisions of Section 10(j) of the National Labor Relations Board Act as amended 29 U.S.C.A. § 160(j), for a temporary injunction pending the final disposition of certain matters pending before the Board and charging that Dubois Chemicals, Inc., had engaged in, and was engaging in, un...
Views: 0
Page 4351
This is a motion for a preliminary injunction by plaintiff union, Flight Engineers International Association, against defendant, Eastern Air Lines, Inc. It grows out of a tangled labor dispute involving effects of technological change, featherbedding and rival union jurisdiction. Both parties, at different stages of the lengthy negotiations, have exhibited something less than an acute awareness...
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Plaintiff, The U. S. Pillow Corporation (U. S. Pillow), sues to enjoin defendant Regional Director for the Second Region of the National Labor Relations Board (the Regional Director) from conducting a representation election of the employees of U. S. Pillow on the petition of the Bedding, Curtain and Drapery Workers Union, Local 140, United Furniture Workers of America, AFL-CIO (Local 140). After ...
Views: 1
Defendant has moved to dismiss plaintiffs’ complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.
The present motion for dismissal arises from an action brought by plaintiffs under Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C. § 185. Plaintiffs’ complaint pursuant to 28 U.S.C. §§ 2201-2202 seeks declaratory relief, alleging a violation of a c...
Views: 1
Page 4359
This is an action by the Package and Utility Drivers, Local No. 396, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, (hereinafter called Teamsters) to compel Hearst Publishing Company, Inc., (hereinafter called Company) to submit to arbitration under Title 29 U.S.C.A. § 185 [61 Stat. 156] (hereinafter called section 301).
Two questions are presented: (1) wh...
Views: 0
In this case which arises under 29 U. S.C.A. § 482(b) the Secretary of Labor has presented two questions to the Court in connection with the conduct of an election for officers to be held by the defendant union. The previous dispute over the propriety of an election heretofore conducted was resolved by the parties who have agreed to hold a new election conducted under the supervision of the Secre...
Views: 0
This matter comes before the Court on defendant’s motion to dismiss plaintiffs’ class suit containing two causes of action:
1. To recover damages for breach of plaintiffs’ seniority rights under certain collective bargaining agreements on the shutting down and movement of certain of defendant’s plant facilities from Etna to Ambridge, Pennsylvania.
2. To recover damages based upon defe...
Views: 0
Petitioner, on behalf of the National Labor Relations Board (hereinafter, the Board), has applied to this Court for a temporary injunction against respondents, whereby petitioner seeks to restrain respondents from giving effect to certain portions of an agreement negotiated between respondent Milk & Ice Cream Employers’ Association (hereinafter, Association) on behalf of respondent creameries, and...
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Plaintiff claims that her employer, Union Carbide Nuclear Company, hereafter for convenience called Company, and the bargaining agent for the Union to which she belonged, Atomic Trades and Labor Council, hereafter for convenience called Union, violated her seniority rights when the Company continued in its employment an employee of less seniority and laid her off on January 6, 1960.
She seeks a de...
Views: 0
This action was brought under the Labor Management Relations Act of 1947, Title 29 U.S.C.A. § 185(a) and the Labor-Management Reporting and Disclosure Act of 1959, Title 29 U.S.C.A. § 464(a), by plaintiff Leopoldo Ramos Ducos, as International Trustee of Local No. 610, Gastronomical Union of Puerto Rico, against the president and other members of Local 610, and Hipólito Marcano, President of Feder...
Views: 1
Page 4375
Plaintiffs, United Electrical, Radio and Machine Workers of America and five of its locals (collectively referred to herein as “the Union”) have brought suit under Section 301 of the Taft-Hartley Act, 29 U.S.C.A. § 185, against General Electric Company (“the Company”) to compel arbitration of various grievances. Both the Union and the Company have moved for summary judgment. The issues before t...
Views: 0
Page 4377
The plaintiff has moved by order to show cause for a preliminary injunction enjoining the defendant, its agents, servants, employees, attorneys, etc., from performing or engaging in any act which will result in the discharge or lockout of any of the unlicensed s'eamen presently employed aboard the eight missile tracking vessels named in said order, or from taking any other action which may change ...
Views: 0
This matter is before the Court on a complaint brought by the Secretary of Labor, United States Department of Labor, seeking to enjoin the defendant from violating the provisions of Sections 15(a) (2), 15(a) (4) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. § 201 et seq.). The parties have agreed and stipulated that the sole issue is a determination by the Court as...
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Plaintiff, formerly employed by the defendant as the day dispatcher at its Baltimore terminal, sues to recover unpaid *655overtime compensation, and a like amount as liquidated damages, together with interest, attorneys’ fees and costs, under the provisions of the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201 et seq.
The defendant, an interstate trucking company, was engaged in interstat...
Views: 0
The above entitled cases were consolidated for the purpose of trial and, upon the testimony and exhibits filed on March 6 and March 21,1961, they are submitted to the Court for judgment without the intervention of a jury. By action No. 1405 the Secretary of Labor seeks to enjoin the Defendant from violating the minimum wage, overtime and record keeping provisions of the Fair Labor Standards Act. I...
Views: 0
This is an action brought by the Secretary of Labor against Forcum-Lannom, Inc., alleging violations of, and seeking only an injunction against future violations of, the minimum wage, overtime, and record-keeping provisions of the Fair Labor Standards Act (29 U.S.C.A. § 201 et seq.). Jurisdiction is conferred upon this court by § 17 of the Act.
Defendant has answered contending that it was not, at...
Views: 0
This matter came on for hearing on the 14th day of May, 1962, upon the Order to Show Cause issued on the 23rd day of March, 1962. The Petitioner, the Sectary of Labor, appeared by counsel and the respondent, Harrison A. Bennett, appeared in person and by counsel. The entire record herein being considered, including stipulations of counsel and the testimony of several witnesses, including testimony...
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This matter came on for hearing on the 14th day of May, 1962, upon the Order to Show Cause issued on the 23rd day of March, 1962. The Petitioner, the Secretary of Labor, appeared by counsel and the respondent, Harrison A. Bennett, appeared in person and by counsel. The entire record herein being considered, including stipulations of counsel and the testimony of several witnesses, including testimo...
Views: 0
THIS CAUSE came on to be heard before the Court without a jury on the 9th day of April, 1962, in Miami, Florida, and the Court having heard the testimony of witnesses and the argument of counsel and having considered briefs filed by counsel and being otherwise sufficiently advised in the premises, hereby makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. This is an ac...
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The within action was commenced on January 26, 1961. The United States Department of Labor sought an injunction against defendants for alleged violations of certain terms and provisions of the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201 et seq.
After Answer, discovery proceedings were had, one of which leads to the subject matter of the within Memorandum, viz.: a request by plaintiff t...
Views: 0
These three cases present the same question, and therefore are considered together. Each is an action brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., to enjoin violation of the overtime and record-keeping provisions of the Act. 29 U.S.C.A. §§ 207, 211(c), 215(a) (1), (2) and (5), 217. Plaintiff also seeks the restraint of any withholding of payment of ove...
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On November 1,1961, plaintiff filed his complaint in the United States District Court for the Eastern District of Arkansas, Western Division, seeking judgment permanently enjoining and restraining defendant and all persons acting or claiming to act in its behalf and interest from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended, 29 U....
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The above case is before me upon motion of the defendant Sam A. Trakas to *868dissolve and vacate an injunctive order of this Court issued by the late Ashton H. Williams, United States District Judge, on January 27, 1953.
The action was originally captioned “Maurice J. Tobin, Secretary of Labor, United States Department of Labor, plaintiff, v. Gulf Fruit Company, Inc., a Corporation, Peter P. Leve...
Views: 0
This is a suit for recovery of wages for uncompensated time spent in performing various activities allegedly relating to the general job of metal finisher in the body shop of the B.O.P. Assembly Division Plant of General Motors at Linden, New Jersey.
The action was instituted by 53 plaintiffs, each seeking individual recovery. The action was brought pursuant to 29 U.S.C.A. § 216(b), popula...
Views: 2
These are actions for injunction, filed by the Secretary of Labor, to enjoin and restrain defendants from violating the provisions of Sections 6, 7, and 15(a) (2) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. §§ 206, 207, 215(a) (2). The facts are stated in detail in a Stipulation filed by the parties on July 28, 1961. Defendant Bear Creek Mining Company is a wholly owned subsid...
Views: 0
This action is for recovery of minimum wages and overtime compensation plus an equal amount as liquidated damages under the Fair Labor Standards Act, 29 U. S. C.A. § 201 et seq. The only matter presently submitted for decision is the question of coverage under the facts as stated in a stipulation filed by the parties. Defendant is engaged in the processing of sugar cane into raw sugar for intersta...
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This is an action brought under the authority of Section 17 of the Fair Labor Standards Act 129 U.S.C.A. § 201 et seq.), hereinafter referred to as the “Act”, in which the Plaintiff, Arthur J. Goldberg, Secretary of Labor, United States Department of Labor, seeks to enjoin the Defendant from violating the record-keeping, minimum wage and overtime provisions of the Act. The Court proceeded to hear ...
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Plaintiff, alleging that she was an employee of defendant between January 2, 1960, and January 10, 1961, instituted this action on March 1, 1962, seeking the recovery of unpaid minimum wages, liquidated damages and attorney’s fees,
*922
allegedly due by reason of violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
On February 19,1962, the Secretary of Labor fil...
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This cause of action was commenced as Cause No. 1230 in the 79th District Court of Jim Wells County, Texas, on June 29, 1961. The Plaintiff, Adair Pipeline Company, Inc., was suing two unions and their representatives, seeking an injunction against picketing, boycotting and other alleged acts being performed by the Defendants against the Plaintiff Company, and for damages which Plaintiff stated w...
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This action was brought in the Superi- or Court of the State of Connecticut by nineteen members of Local 267 of International Union of Electrical, Radio and Machine Workers, as individuals, against International and against the Underwood Corporation, the employer. In their complaint the plaintiffs alleged that they were *555employed by Underwood at its Bridgeport plant. International, as sole barg...
Views: 1
This is a suit brought by a mass transit employees’ union for a restraining order, injunction and declaratory judgment against officials of the State of Missouri, involving the validity of Missouri’s Public Utility Seizure and Anti-Strike Law. This law, known as the King-Thompson Act, authorizes the Governor of Missouri to seize and operate a public utility affected by a work stoppage when, in his...
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The Secretary of Labor brought this suit to enjoin alleged violations of the Fair Labor Standards Act, wage hour provisions, 29 U.S.C.A. § 201 et seq. Jurisdiction of this action is conferred by § 217. The issue to be determined is whether the Court in the exercise of its sound discretion has the authority to require the Secretary of Labor to furnish a list of witnesses that will be called at the ...
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This is an action for trademark infringement and unfair competition, and in connection therewith defendant has filed interrogatories under F.R.Civ.P. Rule 33, 28 U.S.C.A. Plaintiff answered certain interrogatories and has objected to Nos. 6 (in part), 8-12, inclusive, 14, 15, 17, 19-25, inclusive, 27, 30 and 31 on the ground that they call for “the work product and preparations of plaintiff’s atto...
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Plaintiffs are the owners of two patents involving improved means of attaching the heads to the handles of percussive tools, such as hammers, axes, and the like. Defendant corporation (Plumb) is a manufacturer of hand tools, and is also the owner of a patent involving an improved means of connecting tool handles to heads. Defendant has been selling its tools under the trade name “Permabond”.
In Co...
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Before the Court are defendant’s objections to plaintiff’s interrogatories Nos. I and 2. Defendant originally objected to a number of the interrogatories but all save the two above-mentioned have been resolved by the parties themselves. Defendant’s objection to these remaining interrogatories is on the ground of relevancy only, its claim of oppressiveness having been abandoned.
Plaintiff’s complai...
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The defendant has filed a “Motion for Production of Documents”, pursuant to Rule 34, Fed.R.Civ.P., 28 U.S.C., by which it seeks to obtain correspondence between plaintiff and his brother-in-law, and various attorneys. The plaintiff opposes the motion on the ground that the correspondence is within the attorney-client privilege,1 and that it was written “looking to the preparation and presentation ...
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The plaintiff, claiming that the defendant had infringed on Letters Patent No. 2,688,655, duly issued to and then owned by him, brought this action under Sections 1338 and 1400 of Title 28 United States Code, for a preliminary and final injunction against further infringement of said patent, an accounting of profits and damages, and an assessment of costs. After trial of the issues my colleague, J...
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Plaintiff, Spray Products Corporation, has filed the instant motion under Rule 37, 28 U.S.C.A. to compel the defendant, A. Frank Strouse, to produce certain documents specified in a certain item of the subpoena duces tecum issued February 27, 1961, and to answer certain questions put to him at the oral deposition on March 10, 1961. Defendants oppose plaintiff’s motion on the ground that the inform...
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This is a suit for patent infringement in which plaintiff has charged defendants with the infringement of plaintiff’s patent relating to cans containing a starting fuel for diesel engines. Defendants, by counterclaim, have charged plaintiff with infringement of their patent. Plaintiff noticed the depositions of two witnesses who are employed by Pace, Inc. This company now packages plaintiff’s star...
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This action was brought by plaintiff Ziegler Chemical and Mineral Corporation, charging a conspiracy in violation of the anti-trust laws by four Delaware corporations, Standard Oil Company of California, California Research Corporation, Barber Oil Corporation and American Gilsonite Company. California Research is Standard’s wholly owned subsidiary. American Gilsonite is jointly owned by Standard a...
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This is a declaratory judgment action brought by plaintiff praying that certain of defendant’s patents be declared invalid and not infringed by plaintiff. Defendant answered and counterclaimed that plaintiff is infringing defendant’s 2,370,219; 2,403,897; and 2,593,957.
The parties have been engaged in pretrial discovery. The present matter arises on six pending motions.
Four critical issues are p...
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The facts in this case have been stipulated and are hereby adopted as the Findings of Fact of this Court.
Plaintiffs purchased a farm in December, 1956, and in the years 1957, and 1958, expended sums of money in establishing Coastal Bermuda Grass thereon, which sums the Commissioner disallowed as a deduction under Section 175 of the Internal Revenue Code of 1954, 26 U.S. C.A. § 175, as ame...
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This is a libel for forfeiture of an automobile for alleged violation of Internal Revenue Laws of the United States relating to liquor. The use of the automobile by the owner, Henry Edward Robinson, in violation of the Internal Revenue Laws of the United States is not in dispute, but rather is admitted by the intervenor, a finance company claiming an interest in the automobile. It appears that the...
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This case is before the Court upon the defendant’s motion to suppress evidence of certain illicit whiskey heretofore seized from him by agents of the Alcohol Tax Unit under a search warrant. The grounds of the motion to suppress are as follows: (1) That the affidavit upon which the search warrant issued failed to show probable cause for such issuance. (2) That the information set out in the a...
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Page 4469
1. This matter comes before this Court on the Motion to Dismiss filed herein by the defendants, Eastern Gas and Fuel Associates, Midland Enterprises Inc. and the Ohio River Company on the grounds:
(1) That the Amended Complaint raises issues within the primary and exclusive jurisdiction of the Interstate Commerce Commission under Section 5 of the Interstate Commerce Act (49 U.S.C.A. § 5).
...
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Plaintiff shipper sues in the right of an alleged initial common carrier to recover against an alleged connecting carrier under the Carmack Amendment (49 U.S.C.A. §§ 20(12), 319) for the amount of damages the initial carrier was required to pay the plaintiff shipper for injuries to the shipper’s goods allegedly sustained on the line of the connecting carrier. The facts, separately found, are plain...
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Plaintiffs raise two reasons why the award should be set aside; (1) that the claim of Jut James Elliott for compensation was not timely filed; (2) that Jut James Elliott is permanently and totally disabled and that part of his total disability is due to Elliott’s pre-existing disability. The plaintiffs further insist that the award should be paid in part out of the Special Fund established purs...
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Page 4472
Under the provision's of the Labor Management Relations Act (29 U.S.C.A. § 178) the Court regularly made and entered a restraining order in the above entitled cause on the 11th of April, 1962. Pending an application for the preliminary injunction the restraining order was designed to preserve the status quo and prevent the defendants from conducting and continuing a strike which had *687resulted i...
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This proceeding is brought on petition of the trustee of the debtor North Atlantic and Gulf Steamship Company, Incorporated (Norgulf) to determine the validity of liens claimed by shipowners and others on subfreights earned by vessels operated by Norgulf under time charter.
On May 23, 1958 an involuntary petition was filed against Norgulf under Chapter X of the Bankruptcy Act. The trustee ...
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Plaintiff Ray brought suit against defendant Compañía Naviera Continental, S.A. to recover damages for injuries sustained while working aboard defendant’s vessel, the S.S. Transyork, as a longshoreman in the employ of Robert C. Herd & Company, Inc. Defendant im-pleaded Robert C. Herd & Company, Inc. (Herd) claiming indemnity. When Ray’s case came on for hearing, defendant settled with plaintiff...
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Page 4475
This is a Miller Act (40 U.S.C. § 270b) action brought by a supplier of materials and labor against a subcontractor, the general contractor and its bonding company to recover for labor and materials furnished. The subcontractor and general contractor being in financial difficulties, the receiver for the former and trustee in bankruptcy for the latter were served with copies of the Amended Complain...
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The trustee petitions for an order directing repayment of sums paid by the debtor North Atlantic and Gulf Steamship Company, Incorporated, to four creditors during the interim period between the filing of the petition for reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. on May 23, 1958, and the approval of the petition and the appointment of the trustee on June 19...
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The question presented in this case is whether the National Labor Relations Board has authority to order that an election for the designation of representatives for the purposes of collective bargaining, be held among foreign seamen employed on foreign merchant ships that have occasion to visit American ports and that are owned by a foreign corporation that is a subsidiary of an American corpor...
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This action arises under Section 301 of the Labor Management Relations Act, 1947, Title 29 U.S.C.A. § 185. The named respondents are General Drivers Local 961, International Brotherhood of Teamsters, Central Conference of Teamsters, Central States Drivers Council, and Harry Bath, an individual. The action is entitled “Petition for Enforcement of Arbitration and Request for Injunction and Damages.”...
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The United States instituted administrative proceedings pursuant to the Walsh-Healey Public Contracts Act, 41 U.S.C.A. § 35 et seq. against the Pine Township Coal Company and another corporate defendant. These proceedings were commenced in the latter part of 1960. In August 1961, the Government filed an amended complaint in the administrative proceedings against certain individuals as additional r...
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1962 U.S. Dist. LEXIS 4486: McLeod v. Newspaper & Mail Deliverers' Union of New York City & Vicinity
Page 4486
This is a petition for a preliminary injunction pursuant to Section 10 (Í) of the National Labor Relations Act, 29 U.S.C. § 160 (i) as amended, 29 U.S.C.A. § 160(J) (Supp.1962). The petitioner, the Regional Director, seeks a preliminary injunction against the respondent, pending a final disposition by the Board, of an unfair labor practice charge filed on September 5, 1962, by the New York Times C...
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This action is now before the Court on the following motions of the defendants:
1. For an order under Rule 12(b) F.R.Civ.P. 28 U.S.C.A. dismissing the complaint herein because
(a) the Court lacks jurisdiction over the subject matter of the action, and
(b) the complaint fails to state a claim upon which relief can be granted.
2. For summary judgment, pursuant to Rule 56(b) of the F.R.Civ.P.
8. Alte...
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The plaintiffs are coal operators in eastern Kentucky. They were the owners of a coal lease near Mayking in Letcher County. In 1958 they began the development of this particular coal lease by strip mining methods and were selling the coal produced to The Spreader Fuel Company, The Little Shepherd Coal Company, and to Roland Price at his Mayking ramp. The larger portion of the coal produced was sol...
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This proceeding came before the Court on a petition filed by the Regional Director of the Second Region of the National Labor Relations Board for a temporary injunction, pending the final disposition of the matters involved before the Board, alleging that respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(b) (4) (D) of the National Labor Relations...
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Page 4492
Plaintiff instituted this action against the Metropolitan District Council of Philadelphia and Vicinity and Local Union No. 8, of the United Brotherhood of Carpenters and Joiners of America, alleging violation of the “Bill of Rights” provision of the Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act, 29 U.S.C.A. § 411) and the deprivation of certain rights which he claims are g...
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On May 2, 1962, plaintiffs (members of Local No. 1291 I. L. A.) filed a Complaint and a Motion For Preliminary Injunction (Document No. 2), claiming a denial of their rights, particularly the right to express their views, arguments and opinions upon union business at its meetings, as granted them by the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 411.1 Defendants then file...
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This cause came before the Court by virtue of the petition of The Regional Director of the Seventeenth Region of The National Labor Relations Board wherein he prayed for the issuance of a temporary injunction pending the final disposition of the substantive issues involved by the Board, his prayer being-predicated upon the terms and provisions of § 10(1) of The National Labor Relations Act, as ame...
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This case is before the Court on a Stipulation of Facts and briefs of the parties. The precise issue is whether this action under the Miller Act is barred by 40 U.S.C.A. § 270 b(b), which provides:
“Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing * * * but no such suit shall be commenced after the expiration of one year aft...
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This case was brought by Troy Arthur and O. J. Arthur against K. D. Emrick Well Servicing Company for alleged unpaid overtime, as provided by 29 U.S.C. § 201 et seq., as amended, commonly referred to as Fair Labor Standards Act of 1938. Luther Lynn, by permission of the Court, intervened. The claimants will be referred to herein as plaintiffs.. The claims of the plaintiffs are identical. It is cha...
Views: 0
This action was brought under Section 2 of the Walsh-Healey Public Contracts Act, 41 U.S.C. § 36, to recover sums of money claimed to be due to the United States by reason of alleged violations of certain representations and stipulations contained in contracts between the plaintiff and defendant for the supply of coal.
When the complaint was filed, there were still pending administrative proceedin...
Views: 0
This is a suit for injunctive relief brought pursuant to the provisions* of the Labor Management Reporting and Disclosure Act of 1959, and particularly under the provisions of Title I thereof, 29 U.S.C.A. § 411(a) (1) and 412. Complainants are all members of the Sack-sewers, Sweepers, Waterboys, and Coopers Local Union No. 1683, International Longshoremen’s Association, affiliated with the AFL-CI...
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This is an action by union members under § 302 of the Labor Management Relations Act, 29 U.S.C.A. § 186, against their union, ILA Local 1291, its president, Philadelphia Marine Trade Association (PMTA), which is an employer association, 3 individuals titled in this action as “trustees”, the attorney for the union, and the attorney for the employer association titled as “escrow agents and custodian...
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The captioned cases, arising out of the aftermath of World War II, have been consolidated for purposes of trial as to their common issues. There are issues involved in Griffiths and in Olympic which are not common to all and such issues have been reserved for determination at a future date. The libels in each case, brought under the Suits in Admiralty Act, 46 U.S.C. § 741 et seq., sound in quas...
Views: 0
On July 17, 1961, the United States filed its complaint containing four counts. In Count I plaintiff alleged that during the years 1956 through 1959 it conducted a program of soil conservation known as the Agricultural Conservation Program, pursuant to which payments and grants of aid were made to farmers carrying out certain prescribed soil conservation practices; that the program was conducted b...
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Plaintiffs, by Complaint filed June 27, 1955,
1
seek restitution of 91,200 shares of common stock of James B. Clow & Sons, a corporation,
2
as a part of the testamentary trust of the late Charles R. Clow, Sr.
3
These 91,200
4
shares were the result of numerous stock splits,
5
from the 2,850 shares which had been transferred to the Company b...
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Before us for consideration is the motion of the defendant Tolerton Company (Tolerton) to dismiss an action of inter-pleader filed June 11, 1962, by Joseph F. Hughes & Co., Inc. (Hughes) under 28
*299
U.S.C. § 1335. Other defendants in the action are Harry S. Mickey, Inc. (Mickey), Durling Electric Co. of Baltimore City (Durling), and Associated Products and Service Company, Inc. (...
Views: 0
Commodity Credit Corporation filed its claim for $99,207.00 alleging that it was entitled to priority against the assets of the estate under 11 U.S.C.A. § 104 by virtue of 31 U.S.C.A. § 191. The Trustee objected to this claim; it was the Trustee’s major contention that the claim by the Government was in fact a penalty, which is not entitled to priority under § 57, sub. j of the Bankruptcy Act, as ...
Views: 0
This case pends on defendants’ motion for summary judgment. There is no genuine issue as to any of the following material facts: Tiles, Incorporated, was a subcontractor of Southern Constructors, Inc. in connection with a construction job at Table Rock Dam; Travelers Indemnity Company executed the usual bonds required by the Miller Act; difficulties arose in connection with the execution of the su...
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This possessory libel was filed on October 29, 1962, by the United States as owner and operator of the United States Air Force Vessel Coastal Crusader, her engines, tackle, appurtenances, etc., against the vessel, the unlicensed members of her crew and Rexford Dickey, their local port representative. The vessel is an undocumented public vessel of the United States, now lying at the port of Baltimo...
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Michael Sciarrillo (“Longshoreman”), a citizen and resident of New York State, has brought this action in admiralty against Stener S. Mullers Rederi A/S (“Shipowner”), a Norwegian corporation, for damages for injuries allegedly caused by Shipowner’s negligence and the unseaworthiness of its ship, the S.S. Fred Christensen. Shipowner impleaded (1) John W. McGrath Corporation (“Stevedore”), a New Yo...
Views: 0
206 F.Supp. 693 (1962)
Nicodemus HENDRICKS
v.
ALCOA STEAMSHIP CO., Inc.
Civ. A. No. 30135.
United States District Court E. D. Pennsylvania.
April 24, 1962.
Rehearing Denied June 26, 1962.
*694 Joseph M. Leib, of Rubin & Leib, Philadelphia, Pa., and Louis R. Harolds, of Standard, Weisberg & Harolds, New York City, for plaintiff.
T. E. Byrne, Jr., of Krusen, Evans & Byrne, Philadelphia,...
Views: 0
The history and background of this case are covered in the Opinion of May 15, 1962, 205 F.Supp. 45 (Document No. 5), denying the Motion For Preliminary Injunction filed May 2, 1962 (Document No. 2). The above Renewed Motion (Document No. 6) is based on allegations that: (a) because of a threat alleged to have been made at a meeting held the evening of May 15 and “the aura of unfairness and violenc...
Views: 0
Aetna Life Insurance Company petitions for review of a decision and order disallowing its claim in the amount of *948$99,504.00. Referee Ryan, by such dis-allowance, upheld objections filed by Union-Fern, Inc. (N.Y.), debtor, and the Creditors’ Committee in these proceedings for arrangement under Chapter XI. The usual detailed decision with particularized findings and conclusions of law has been r...
Views: 0
Page 4515
The Regional Director has moved for an injunction against respondent’s picketing of a bakery that the charging party, Wilson-Jaeobi, Inc., is just opening in Syosset, Long Island. A hearing has *289been held and the facts have been separately found.
The issue most sharply contested is whether the picketing is primary picketing in lawful exercise of respondent’s right to seek to organize Wilson-Jac...
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Two years ago today this court issued its order granting a temporary injunction restraining the defendants and all in association with them from continuing their picketing of The Greenfield Printing and Publishing Company or pursuing a specified course of conduct relating generally to such picketing. The petitioner had sought such an order under Section 10 (J) of the National Labor Relations Act, ...
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This action was brought under § 303 of the Labor Management Relations Act (29 U.S.C.A. § 187) by the owner of ore unloading facilities located at, and in the immediate vicinity of, Pier 122 South, Philadelphia, Pa., against the five defendant unions, claiming damages directly resulting from defendants’ violation of § 8(b) (4) of the Labor Management Relations Act (29 U.S.C.A. § 158(b) (4)). The...
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Page 4518
The Complaint in this case is divided into two causes of action. The first cause of action is one brought against the defendant unions under § 303 of the Labor Management Relations Act (29 *765U.S.C.A. § 187) for alleged violation of § 8(b) (4) of the Act (29 U.S.C.A. § 158(b) (4)).1 The second cause of action is directed only against the individual defendants, is based on alleged violation of the...
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Plaintiffs (members of Local 1291) claim a denial of the rights, particularly the right to express their views, arguments and opinions and their views upon Union business at its meetings, assured them by the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 411). See Hughes v. Local No. 11 of Intern. Ass’n of Bridge, etc., 287 F.2d 810 (3rd Cir.1961). Plaintiffs and respondents ...
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Plaintiff seeks an injunction pendente lite.
1
This memorandum is filed in compliance with F.R.Civ.P. 52(a), 28 U.S. C. The action arises under Sections 4, 7, and 16 of the Clayton Act and 28 U. S.C. § 1337 to enjoin alleged violations of § 7 of the Clayton Act and § 1 of the Sherman Act.
2
Plaintiff, Vanadium Corporation of America, and defendants, The Susquehanna Corpo...
Views: 0
This case had its origin as a simple case under the Miller Act.
1
It has since developed into a somewhat complicated case involving other principles. The plaintiff is allegedly a material man furnishing materials, viz., a crane to Ivey Brothers Construction Company, a main contractor under a building contract for the United States and for which contract the Casualty Company, a defend...
Views: 1
This case involves:
(a) A conventional assignee’s claims against the prime contractor for a subcontractor’s retainage in a federal construction project, and
(b) The prime contractor’s opposition thereto pegged on the contention that the amount of the retainage was exceeded by the prime’s backcharges against the sub for defective work.
The suit is brought under the Miller Act (40 U.S.C.A. § 270a et...
Views: 0
This is a motion by defendant for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The action is for additional compensation under a 1956 contract between the plaintiff and the Veterans Administration. This claim arose when the Contracting Officer ordered plaintiff’s subcontractor to paint the underside of a steel deck roofing at the Veterans Administration Center, Day...
Views: 0
Plaintiff brings this action under the provisions of the Miller Act, 40 U.S.C.A. § 270b. In its complaint the plaintiff alleges that M. A. Gammino Construction Company (hereinafter called Gammino) entered into a contract on or about February 5, 1960 with the United States of America, whereby Gammino agreed to furnish all the labor, equipment and material and to perform all the work required for...
Views: 0
This is a civil action brought by the United States under the False Claims Act, 31 U.S.C.A. § 231 et seq., alleging that the defendant in applying for free medical treatment for a non-service connected disability at the Veterans Administration Hospital made a “false claim” against the United States in certifying that he was financially unable to defray the cost of private treatment, knowing tha...
Views: 0
This is an action brought under the Federal Tort Claims Act for recovery of damages arising from a collision of plaintiff’s automobile and an automobile operated by a star route mail carrier while delivering United States mail in accordance with her star route contract. The accident occurred on November 15, 1960. The Government contends that the carrier, Frieda Gibbs, at the time of the acciden...
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The defendant moves under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss the complaint as barred by the five-year statute of limitations applicable to suits for civil penalties, as well as for laches and delay to its prejudice; alternatively, it moves for summary judgment pursuant to Rule 56. Plaintiff cross moves for summary judgment in its favor.
The action is bro...
Views: 0
The motion of plaintiff for summary judgment on Count IV of the complaint *424pursuant to Rule 56, Fed.R.Civ.P., 28 U.S.C.A., is now before the court.
The United States of America, plain- . tiff herein, filed its complaint containing ; four separate counts against the defendant, Robert B. Carroll, Jr., on July 17, 1961, in which it alleged violations of the .Soil Conservation and Domestic Allotmen...
Views: 1
This is a declaratory judgment action between two transport companies and their respective insurers to determine the ultimate liability for damages arising out of an. explosion and fire on July 10, 1961, at Bassett Forks, Virginia. Both parties have moved for summary judgment and the cause is now before this Court for determination on the depositions filed herein, oral argument of counsel, and tri...
Views: 0
The sole issue in this case is whether the income of two trusts created by C. F. Williams was taxable to him as the grantor-trustee of the trusts for the years 1953 and 1954 by virtue of the provisions of Internal Revenue Code of 1939 and in particular U. S. Treas.Regs. § 39.22 (a)-21. The parties concede that if the income of the trusts was not taxable to the grantor-trustee during 1953 and 1954,...
Views: 0
Libelant brings this motion for an order striking the exceptive allegations of respondent on the grounds that this libel is not barred by the applicable statute of limitations as incorporated in the bill of lading issued by the respondent. Libelant contends: (1) That the commercial bill of lading issued by the respondent is deemed converted into a Government bill of lading, pursuant to 4 C.F.R. 52...
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1
At all of the times mentioned in the libel, libellants A. L. HOLDEN, IRENE J. KOEZLY, ROBERT M. PAISLEY, ROBERT J. PAISLEY and CRAIG SIM were individual co-partners doing business under the name and style of R. L. PRITCHARD & COMPANY, with their principal office at 90-96 Wall Street in the city and state of New York, engaged in business as importers of sisal.
2
At all times referred to in the li...
Views: 1
This is an action brought on performance and payment bonds executed in compliance with Title 42 U.S.C.A. § 1594(a), otherwise known as the Cape-hart Act. It was commenced in the Circuit Court for the City of St. Louis, Mis*750souri. We have previously ruled that jurisdiction was present under 28 U.S.C.A. § 1352, and that the claim was properly removed to this Court. The matter is now pending on de...
Views: 3
The Court’s jurisdiction in this action is appropriately predicated upon diversity of citizenship with the requisite jurisdictional minimum involved. 28 U. S.C. § 1332(a). Plaintiff, Beaver Valley Painting, Inc. (hereinafter Beaver Valley), a painting subcontractor with Terminal Construction Corp. (Terminal), sued Terminal for damages for breach of the subcontract. Terminal counterclaimed against ...
Views: 0
On July 11, 1958, plaintiff instituted this action in the District Court of Custer County, Montana, to recover $35,000.-00, with interest, from the estate of John T. O’Daniel, deceased, on a judgment entered against O’Daniel by the District Court of Garfield County, Montana, on October 14, 1957, in a personal injury action arising from a truck-automobile collision on November 4, 1954. On that d...
Views: 0
This is an action to recover upon a contract between S. J. Casper Co., Inc., and Benjamin Zelonky, a sole trader doing business as Benj. Zelonky Construction Co. In June 1958, defendant Zelonky entered into a contract with the United States through the General Services Administration, whereby Zelonky agreed to perform certain remodeling work and alterations in the cafeteria of the United States Po...
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A trial of the issues in this case was had before the Court without a jury on September 18 and 19, 1962. At the conclusion of plaintiff’s case the Government, defendant herein, moved for a judgment in its favor, which motion was denied without prejudice to renewal; the motion was renewed after presentation of evidence by both parties.
Upon a review of the pleadings and after hearing all of the evi...
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This is an action heard before the above three-judge court convened pursuant to Title 28 U.S.C. §§ 2281 and 2284. Plaintiff’s complaint requests a temporary restraining order and a permanent injunction enjoining the enforcement of Section 14.1 of the Illinois Public Building Commission Act (Laws of Illinois, 1961, page 2770, Chapter 34, Section 3314.1, Illinois Revised Statutes, 1961), and an orde...
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Page 4553
This is an action under the Miller Act, 40 U.S.C.A. § 270a et seq., in which petitioner Westinghouse Electric Supply Company moves to intervene to recover on its claim for the price of materials furnished to a subcontractor. Defendant Gil Wyner Co., Inc., the prime contractor, and its surety object to the al*211lowance of the motion on the ground that it is not timely.
The original complaint in th...
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Plaintiff was severely burned, permanently injured and disfigured while working as a lineman on a power pole owned by the United States. His claim for damages is predicated upon negligence.
The suit arising under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., was heard by the Court.
The evidence discloses the Government had awarded a contract to the Seal Electric Company to con...
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Libelant contracted with the government (the Navy) to transfer by barge ■five picket boats from Salisbury, Maryland, to the Norfolk Naval Shipyard at Portsmouth, Virginia. In 1952 libelant’s tug Gertrude Loveland sailed from Salisbury down Chesapeake Bay, towing behind her two barges with the five picket boats aboard, three in the front barge, Loveland 33, and two in the rear barge, Loveland 32. ...
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Libelant shipowner has filed a libel in admiralty against a corporation of Japan and Gannet, a United States corporation with an office in the Southern District of New York, averring that libelant has no redress in this, the Eastern District of New York, against either defendant other than by process of attachment against its credits with The First National City Bank of New York. In the first caus...
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The United States of America filed its ■complaint upon a claim of the Commodity Credit Corporation, a wholly owned gov■ernment corporation, in the above entitled action against E. C. Robbins and Richard W. Robbins to recover double damages and forfeitures pursuant to 31 U.S.C.A. § 231. The complaint was filed February 28, 1959. The defendants, E. ■C. and R. W. Robbins were general partners in the ...
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This is a suit by the United States of America to recover overpayments from the owner and operator of a school of beauty culture1 which the Government contends the school secured from the Veterans Administration by presenting false claims for instruction to veterans under Public Law 16, 78th Congress, March 24, 1943, Ch. 22, 57 Stat. 43, which provided for rehabilitation of disabled veterans and a...
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This is an action by an Argentine seaman brought on the law side of this court. The notice of motion of defendant Administración General De La Flota Mercante Del Estado requests the court to decline jurisdiction in the exercise of its discretion. However, defendant’s supplemental brief and affidavit assert that this denomination of its motion was an error, and it now requests an order dismissing t...
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This action is now before the Court for disposition of two motions: (1) that of the use plaintiff for a temporary order addressed to defendant Electronic & Missile Facilities Inc. restraining it from further proceeding with its petition seeking compulsory arbitration against plaintiff’s assignor Emerson-Garden Electric Co. Inc. — Caribbean, and filed before the Supreme Court of the State of New Yo...
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This is a suit for the value of certain electrical cable removed from Government property by the plaintiff-contractor pursuant to a contract calling for the “removal and replacement” of said cable. The contract contains a provision in Article 57 thereof that any question of fact arising under the contract shall be decided ultimately by the Secretary, and that his decision shall be final and conclu...
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This suit by the United States arises out of Concessionaire Agreements between the Bay Area Exchange, a branch of the Army and Air Force Exchange Service, and the defendant dry-cleaning firms Cochran & Howell and Post Cleaners for the operation of facilities offering dry cleaning and related services at military installations within the jurisdiction of the Exchange. Cochran & Howell and Post Clean...
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On March 21, 1962 the defendant, United States, and the U.S. Naval Supply Depot, Bayonne, New Jersey, the two co-defendants in this action, noticed a motion to dismiss as to the U.S. Naval Supply Depot, Bayonne, New Jersey, and to strike the plaintiff’s demand for a jury trial. The latter motion was based upon 28 U.S.C.A. § 2402.
Upon the adjourned return date of these motions, a further motion fo...
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The Court makes the following Findings of Fact and Conclusions of Law in the above mentioned matters: 1. The two actions are suits for liquidated damages under the Surplus Property Act of 1944, 50 U.S.C.A.Appendix, § 1635(b), of which the Court has jurisdiction under Section 26(c), 50 U.S.C.A. Appendix, § 1635(c), which was repealed and re-enacted as Section 209(b) and (c) of the Federal Property ...
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The pending motions in these cases bring before the court further efforts by owners of improved property
1
adjacent to or near the Andrews Air Force Base to require the government to condemn an avigation easement over their lands.
The Condemnation Cases
In the two condemnation cases, Nos. 12863 and 12286, the government has acquired by right of eminent domain, a clearance o...
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This suit was instituted by the United! States of America to recover from the-original defendants, Louis B. Houff, Jr. and C. E. Keefer, now defendants and! third-party plaintiffs but hereinafter sometimes called the Guarantors, a balance due on a loan made by the Small Business Administration, hereinafter-called S. B. A., to Famous Virginia Foods Corporation, hereinafter called Famous-Foods, n...
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Plaintiff brings this action under the provisions of Section 1346(a), Title 28 U.S.C.A., known as the Tucker Act, for breach of contract between the plaintiff and the Headquarters Alaskan Command Exchange Service, United States Air Force, Elmendorf Air Force Base, Alaska, to provide janitorial service for the Post Exchange. Defendant has moved to dismiss the action upon the grounds that the court ...
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This is an action for recovery of damages for injuries sustained by plaintiff, William Globig, Jr., in a fall in building No. 3 at Badger Village Housing Project, Badger Ordnance Plant, near Baraboo, Wisconsin, on August 28, 1953, allegedly resulting from the negligence of defendants Greene & Gust Co. and Burton Plumbing-Heating Co., Inc., in violating the safe place statute, Section 101.06 Wis.St...
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I find from the evidence that the Chris-Craft involved was destroyed as a result of an engine fuel explosion and fire originating in the vicinity of the port engine. Further, that the cause of the ignition of the explosion-fire is unknown; however, was one of the risks insured against by the defendant.
I am further convinced from the evidence that immediately prior to the explosion the craft was o...
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This cause involves a collision in the Houston Ship Channel on the night of March 24,1961, between the M/Y BRADFORD CITY, an ocean-going merchant vessel of British registry, and a barge being towed by the tug SAN PEDRO.
The owners of the BRADFORD CITY filed a libel against the tug SAN PEDRO and Gissel & Company Barge 2001, and others, as respondents. The owners of the tug and barge, in turn, have ...
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By his
amended and
supplemental libel the libellant sues for earned wages, waiting time for failure to pay wages in accordance with the statutes of the Ünited States, alleged negligence and unseaworthiness of the vessel resulting in an injury to libellant, and maintenance and cure together with damages for failing to provide same. In addition to proceeding against the vessel, libella...
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Libellant, the owner of the yacht MARY FRANCES — approximately 34' 10" in length, 10' 2" in width, drawing 38" of water when light, equipped with a single screw, and powered by a 165 H.P. straight eight Chrysler engine — has instituted this in rem action against two tugs and two unnamed barges for damages to his yacht and the loss of use thereof. Tidewater Construction Corporation as owner of the ...
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Libelant alleges that it is the owner and operator of certain barges and that it contracted with certain parties to transport goods between San Francisco and Honolulu, Hawaii on October 8, 1961. Between October 8 and October 26, 1961, libelant alleges it made oral contracts with warehousemen and stevedoring companies in San Francisco and Honolulu, and with the Port of Stockton for terminal serv...
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Plaintiff Green sues for damages for personal injuries sustained on December 21, 1953 when he was assaulted and badly beaten by three members of the crew of the S.S. Virginia City Victory, on which he was then serving as purser. Defendants New York & Cuba Mail Steamship Company (N. Y. & Cuba Mail) and the United States Lines Company, (U. S. Lines) were operating the Virginia City Victory at the ti...
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(sitting by designation).
In this diversity case plaintiff seeks damages from defendant predicated upon the alleged unseaworthiness of defendant’s vessel, Barge 539, upon which he was working at the time of injury.
Barge No. 539, an unmanned steel barge, was on the drydock of the Port of Portland at Swan Island in Portland undergoing extensive repairs and structural changes. The work was being per...
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This matter comes before the Court on plaintiff’s motion to remand.
The plaintiff, a longshoreman, employed by T. Hogan Corporation, sustained injuries while engaged in loading cargo of bulk grain aboard the steamship “Irish Poplar”, which was moored at Pier E, Port Richmond, Philadelphia, Pennsylvania, on or about November 22, 1961. It is alleged that these injuries were suffered when a grain chu...
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(sitting by designation).
On July 25, 1960, the steamship DAIRETSU MARU was lying alongside Central Dock at Coos Bay, Oregon. A log was in the process of being lifted by use of ship’s tackle from the water alongside for stowage in No. 1 hatch. Plaintiff was a longshoreman in the employ of a master contract stevedore and the loading was being performed by fellow employees. At- a time when t...
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Libellant, a marine carpenter employed by American Stevedores, Inc., sued to recover for personal injuries he suffered when he fainted and fell while working in the No. 5 lower hold of respondent’s public vessel, the USNS Alexander M. Patch. The facts have been separately found and will not be detailed here.
It has been found that libellant and other marine carpenters, together with longsh...
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The plaintiff was the second mate aboard the S. S. GENIE, a vessel owned by the defendant United Cross Navigation Corporation. On November 14th and 15th, 1957, the GENIE was discharging oil at Port Socony, Staten Island, New York. Shore discharge lines were connected to the ship’s manifold discharge lines by means of two metal flanges which were bolted together with a gasket inserted between them....
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These consolidated cases are libels filed in personam against H. H. Butts Dredging & Construction Company, Inc. and in rem against two dredges, the RODDY 0 and the J. E. JUMONVILLE. Intervening libels were also filed against the Butts Company and the dredges. One intervenor, however, seeks only a remedy in rem. The suits and interventions were based on unpaid claims for repairs, towing services, s...
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Libellant, Buford Trahan, filed this proceeding against his employer, Superior Oil Company, under the admiralty jurisdiction of the Court. The alleged accident occurred on March 31, 1959, offshore in the Gulf of Mexico where respondent is engaged in extensive operations for the discovery and production of oil, gas and related minerals. Libellant contends that as a result of the accident he is tota...
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THIS CASE was tried before the Court, without a jury, on December 11, 1961. As a result of the pre-trial conference, the issues that remained for trial were materially reduced. Counsel for the parties submitted thorough and carefully prepared briefs which have aided the Court in rendering its decision in this case. In compliance with Rule 52, F.R. Civ.P., 28 U.S.C.A., the Court, upon consideration...
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This is an action for a declaratory judgment in accordance with 28 U.S.C.A. § 2201, declaring that the alleged occurrence of June 6, 1961, is not covered by the policy of insurance issued by plaintiff, and that with respect to the said occurrence and the injuries, damages, claims and demands resulting therefrom, the plaintiff has no liability either present or contingent to the defendants or an...
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Page 4586
REASONS FOR JUDGMENT This is a suit brought pursuant to the provisions of the Jones Act, 46 U.S.C.A. § 688, whereby the complainant, Alex Wascom, seeks to recover damages for personal injuries allegedly sustained by him on February 17, 1961. Trial by jury was waived, and at the commencement of the trial on April 3, 1962, defendants admitted liability. The matter was then tried to the Court alone s...
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Santiago Orona committed suicide aboard the s/s Cape Cod, on which he was employed as a bedroom steward, by drinking creosote, a disinfectant, while confined to the ship’s hospital. This action is brought against the operator of the vessel under the Jones Act
1
to recover damages for the benefit of his widow and a natural son; damages are also sought for conscious pain and suffering ...
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These are five actions which were tried together under an order of consolidation. All arise out of an accident in which Salvatore Calderone was injured when a Jacob’s ladder, which was rigged from the m/s Bahia De Nipe to a lighter alongside, paid out as he was descending from the vessel to the lighter. Calderone was a checker employed by Maher Stevedoring Co., Inc., which was loading and unloa...
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These two cases were consolidated for trial, because they involve competing salvage claims against the same vessel, namely, the Schooner Brindicate II. Though the registered owner of the Brindicate II was served by publication, he did not appear or put in any claim to the vessel. Thereafter, by court order, the schooner was sold by the marshal of the court for the sum of $3,000. The marshal expend...
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This is a ruling on a motion under 28 U.S.C.A. Admiralty Rule 23 by Libellants to amend their libel by adding a claim sounding in breach of implied warranty of fitness in an action for wrongful death brought under the Death on the High Seas Act (hereinafter cited DOHSA).
1
Libellants are the personal representatives of Marshall L. Noel who was a passenger on a plane which caught fi...
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Libelant, Willie Irving Taitón, while a passenger aboard respondent’s vessel, the S.S. United States, was injured under the circumstances set forth below. The action is in admiralty, and I find that this Court has jurisdiction over the parties and subject matter of the action. On December 1,1957, some time before dawn, Mr. Taitón arose from his bunk and walked to the bathroom which he shared wi...
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In this personal injury action for serious injuries alleged to have been suffered by plaintiff (a stevedore) while unloading cargo from an Alcoa ship in the Virgin Islands, plaintiff apparently contends that John W. McGrath Corp., a stevedoring concern, was at fault in the activities carried on by its personnel in stowing the cargo in the above-mentioned ship in Baltimore and/or New York prior to ...
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The complaint in this action alleges injuries to the plaintiff, a longshoreman, while working in the hold of the vessel, INGRID WEIDE. Count I seeks recovery under the Jones Act and count II under the general maritime law for unseaworthiness. Defendants — the charterer of the vessel and its agent — have moved for summary judgment with supporting affidavits. The basis of defendants’ motion is th...
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These are motions for summary judgment, filed by claimants J. Rich Steers, Inc., Morrison Knudsen Co., Inc. and Moran, Proctor, Mueser & Rutledge, pui'-suant to Supreme Court Admiralty Rule 58, 28 U.S.C. They seek to dismiss the petition for limitation of liability, filed by the United States of America, on the ground that Texas Tower No. 4 was not a “vessel” within the meaning and purview of t...
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On October 4,1960, a Lockheed Electra land-based airplane crashed in the harbor of Boston, Massachusetts shortly after its take-off from Logan International Airport, Boston, Mass., on a scheduled flight to the International Airport at Philadelphia, Pa. Passengers and crew members were killed and injured as a result of the crash.
The libels filed in these seven cases all allege the liabilit...
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This is a libel brought by Mary A. Brown, Administratrix of the Estate of Vincent Brown, against Anderson-Nichols & Co., Inc., a Massachusetts corporation. The action is brought under the Death on the High Seas Act, 46 U.S.C.A. §§ 761 to 768 inclusive, to recover for the conscious suffering and death of li-bellant’s intestate, which occurred on January 15, 1961, when Texas Tower No. 4, located ...
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Libelant, a longshoreman employed by a master stevedore, herein called Jones, received personal injuries in an accident while performing services for the stevedore aboard the vessel M. Y. CAPTAN-TONIS. The vessel was berthed at Swan Island, Portland, Oregon, on navigable waters of the United States, the services being performed by the stevedore pursuant to contract with the respondent, the owner a...
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Motions for summary judgment having been filed by the defendants and the issues being identical in each case, the uncontroverted facts are that Diamond Construction Company, hereinafter referred to as “Diamond” is the prime contractor for the construction of a vehicular tunnel to be laid on the bottom of the Elizabeth River connecting the cities of Norfolk and Portsmouth. When completed, the tu...
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This case tests the quantum of American contact necessary to sustain jurisdiction under the Jones Act, 46 U.S.C.A. § 688. Should the Court hold the Jones Act inapplicable here, the subsidiary question is presented whether the Court should decline jurisdiction of the causes of action not asserted under the Jones Act.
By his amended libel, libelant asserts three causes of action: First, a li...
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This memorandum deals with the last unresolved issue growing out of a damage suit by Clarence J. Caswell, a longshoreman, against Koninklyke Nederlandsche Stoomboot Maalschappy, N. V., the shipowner, who in turn impleaded Strachan Shipping Company, the stevedore. For a statement of the facts and the decision of the court on other issues in this case see D.C., 205 F.Supp. 295. In that memorandum th...
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1. Plaintiff is a citizen of the State of New Jersey.
2. Defendant is a Delaware corporation with its principal place of business in the State of New York.
3. Prior to December 22, 1955, the 5.5.252, a lighter owned by defendant, New York Central Railroad Company, had been loaded and placed alongside of Pier F in the Hudson River off Jersey City, New Jersey, by a tug owned and operated by the defe...
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This is a proceeding brought to review a compensation order filed by defendant Deputy Commissioner on December 19, 1960. Jurisdiction of this Court is invoked under 33 U.S.C.A. § 921, commonly known as the Longshoremen’s and Harbor Workers’ Compensation Act. The Travelers Insurance Company was the insurance carrier for the plaintiff Nacirema Operating Company, Inc. under said statute at all materi...
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200 F. Supp. 874 (1962)
Leo SHERBIN
v.
S. G. EMBIRICOS, LTD.
Civ. A. No. 2329.
United States District Court E. D. Louisiana, Baton Rouge Division.
January 2, 1962.
*875 H. Alva Brumfield and Robert Turner, Baton Rouge, La., for plaintiff, Leo Sherbin.
Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., for respondents, S. G. Embiricos, Ltd. and Compania Naviera Resolute, S.A., and fo...
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1. Libellant’s tanker SEVEN SKIES, bound for Port Newark encountered dense fog while approaching Ambrose Light Vessel in the early morning of June 26, 1959. Her radar revealed that there were numerous anchored vessels in the vicinity of the lightship. Because of their presence and of the bad fog conditions the master of the SEVEN SKIES anchored the vessel in a position approximately four miles due...
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Page 4605
Libellant’s vessel was moored at respondent’s pier on September 12, 1960, and broke away from said pier when the bollard securing the vessel’s forward insurance wire parted due allegedly to the condition of respondent’s pier and the improperly secured bollard. Strong winds caused the remaining lines to part by reason of the excessive strain resulting from the respondent’s bollard giving away. The ...
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Libelant, a marine carpenter, has sued in admiralty to recover damages for personal injuries sustained when he slipped on grain on the deck of respondent’s vessel. He had just stepped off the gangway and was approaching a fuse box to obtain electric current for his mechanical saw when the accident occurred. A decree is allowed against the respondent shipowner, based upon a finding that the presenc...
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This is an action to recover damages for personal injuries allegedly sustained by plaintiff, a longshoreman, by reason of defendants’ negligence and the unseaworthiness of defendants’ vessel. Although the complaint alleges a maritime tort, this action is brought at law under the “saving clause.” 28 U.S.C. § 1333(2)„ Jurisdiction is based on diversity of citizenship. Defendants move to dismiss the ...
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This personal injury action, which resulted in a special verdict for plaintiff on May 6, 1962,1 is before the court on plaintiff’s post-trial motion for a new trial on the issues of damages and contributory negligence or, in the alternative, for a new trial on all issues.
I. Damages
In May 1957, the plaintiff slipped off some cartons of pineapple juice on which he was working while unloading these...
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This is a personal injury action brought by Carmine Pánico, formerly a registered longshoreman, against American Export Lines, Inc., defendant. American Export impleaded, as third-party defendants, John W. McGrath Corp. (“McGrath”), a stevedoring company, and Societa Par Azioni Di Naviga-zione Genoa “Italia” (“Italian Line”). On December 3, 4 and 5, 1962 the plaintiff’s case was tried before this ...
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Plaintiff has sued under the Jones Act (46 U.S.C.A. § 688) and the General Maritime Law, alternatively under the Louisiana Workmen’s Compensation Act, alleging that he was injured on December 16, 1957, aboard the converted LST HUMBLE ST-6, while working for respondent as a derrick hand. He contends that his duties required him to handle equipment, materials and supplies on the ST-6 and engage in ...
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Libel in admiralty for damages by the owner of certain cargo which was lost or damaged while aboard the SS PORTLAND TRADER, a vessel owned by respondent and, at the time of the occurrence, operated under a certain Charter Party between libelant and respondent.
The TRADER was an ocean-going cargo vessel of the Liberty type purchased by respondent for a sum in excess of $500,000: The vessel ...
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This action was brought by Edward Thomas, an employee of Baton Rouge Marine Contractors, Inc., for injuries sustained while working as a longshoreman aboard the vessel SS AMPENAN. On April 21, 1961, while the libelant,, along with his fellow workers, all longshoremen employed by Baton Rouge Marine Contractors, Inc., was working aboard said vessel he was struck in the head by some dunnage being mov...
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This is a suit to recover damages for an alleged violation of 46 U.S.C.A. § 951, in which respondent has moved for summary judgment. The facts, as to which there seems to be no genuine dispute, appear from an agreed statement of facts, a deposition of libellant and copies of documents from the United States District Court, Southern District of Florida, Miami Division. On November 29, 1960 The Nati...
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Libelant claims damages for injuries growing out of an accident which occurred on June 1, 1958, at approximately 3:30 a. m., when he was injured in a fall on a barge, the SC & NO 1515, owned by respondent Sioux City and New Orleans Barge Line. At the time the barge was located at the wet dock of Avondale Marine Ways, Inc. for repairs by it.
Under the terms of a written contract between Avondale an...
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Petitioners, the United States of America and the Inland Waterways Corporation, a wholly owned Government agency *215 ■created by Act of Congress, have filed a motion pursuant to Rule 58 of the Admiralty Rules of Practice for summary judgment, dismissing all of the several claims for death or injury made by several claimants herein as a result of a disaster which occurred on March 4, 1948. On t...
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This case is now before the Court on Respondent’s motion to vacate and set aside the service of citation and libel. Notice is taken that the correct name of Respondent is Lykes Bros. Steamship Co., Inc., and that it is the same corporation which was defendant in Novitski v. Lykes Steamship Co., 90 F.Supp. 971 (E.D.Pa. 1950, Bard, J.). Respondent is called Lykes hereafter.
The libellant makes claim...
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The parties to the within actions have stipulated that the vessel “Marie” was lost with all hands and that the death of Loren Dale Howell, Paul Timothy Lovette, and all other persons who were on the ill-fated craft occurred in the waters of Santa Barbara channel more than one marine league (three nautical miles) from either the mainland or closest channel island. The Santa Barbara channel lies ...
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Libelant and the respondent Williams, joined by intervener Security First National Bank, have moved to set aside the sale of the vessel RELAXIN, conducted pursuant to orders of this Court. The grounds advanced in support of the motion are (1) that the bank was not given notice of the proceedings herein, as required by Admiralty Rule No. 125 of this Court, and (2) that the sale price was grossly...
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Libelant’s Barge KE 16 was damaged and her cargo lost while in tow by the Tug JMJ and libelant has brought this action against the tug and its owner. The issues of fact and law having come on to be heard on the pleadings and proofs of the parties, the Court now makes the following findings of fact and conclusions of law.
FINDINGS OF FACT
1.
The Barge KE 16 is a flat-deck, steel-hulled, unmanned ba...
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This is a libel by the administratrix of the estate of Angelo J. Chermesino to recover damages under the Death on the High Seas Act, 46 U.S.C. § 761, Count 1, and funeral expenses pursuant to the Ship Owners Liability Convention, Count 2.
Findings of Fact
The facts are, for the most part, not in dispute. On December 8, 1961 Angelo J. Chermesino, the mate on the fishing vessel JUDI...
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Libelants are husband and wife. Two actions were instituted by them in this court. One was a civil action for damages to the husband as a result of an alleged injury while performing duties as a longshoreman on respondent’s vessel, the wife claiming damages for loss of consortium. This is the second action, in admiralty, an in rem proceeding as of this date, asserting like damages. The civil ac...
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Defendants, Ocean Traders Marine Corporation, hereinafter referred to as “Ocean Traders,” and Orion Shipping and Trading Co., Inc., hereinafter referred to as “Orion,” move to dismiss the complaint pursuant to Rule 12(b) on the grounds of
forum non conveniens.
Ocean Traders also moves to vacate the plaintiff’s notice of examination before trial of one Basil Goulandris as an adverse p...
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Plaintiff was the owner of the yacht “Renay” which sank on the morning of July 7, 1958 while berthed in its regular place at the docks of defendant Sea-brook Shipyard, Inc. Prior to the sinking of the “Renay,” plaintiff had purchased from the defendant Liberty Mutual Insurance Company a policy of insurance, which was in effect at the time of said sinking. It insured the vessel
*430
...
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This action was commenced, pursuant to the Jones Act, 46 U.S.C.A. § 688, on June 12, 1962, in- the Western District of Pennsylvania, at Pittsburgh, by plaintiff, a maid aboard the defendant’s vessel M/V Bob Benner, to recover for injuries sustained in a fall down a flight of stairs in the vessel. A second count claims maintenance and cure under the admiralty laws.
The cause of action arose on or a...
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Plaintiff is a longshoreman injured aboard Matson Navigation Company’s ship the “SS HAWAIIAN TRAVELER”. He was employed by T. Smith & Sons. *841The accident happened on September 16, 1958. On September 15, 1961, he filed suit in this Court, under the general maritime law, seeking damages on the basis of the unseaworthiness of defendant’s vessel. Defendant now moves to dismiss the suit for laches.
...
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This case involves the priority between a preferred mortgage held by Libellant on the O/S FREEDOM and maritime liens held by intervening libellants, some arising before the execution of the mortgage, and some after.
The validity of the mortgage and its perfection in accordance with the Ship Mortgage Act is not questioned; but the mortgagee contends that the maritime liens claimed by Border Marine ...
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THIS CAUSE for a declaratory judgment came on to be heard on stipulated facts and the briefs of parties. The Court having considered the “stipulated statement of facts” and the amendment thereto, as well as, the pre-trial stipulation, memoranda and pleadings in this cause, now makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. Plaintiff, Atlantic National Insurance Co...
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This is a diversity suit by Harry Duck-worth, a citizen and resident of Pennsylvania, against Ford Motor Company, a Delaware corporation, seeking recovery for personal injuries and property damage caused by a defective steering assembly in a car manufactured by Ford. The action against Ford charged breach of warranty and negligence. Ford joined, as a third party defendant, John B. White, Inc., ...
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Libellant, Shell Oil Company, moves this Court to reconsider its decision in Shell Oil Company v. S/S Tynemouth, E.D.La., 205 F.Supp. 838, in which this •Court granted a summary judgment in favor of respondent on the grounds that, on the undisputed facts, libellant had no •cause of action.
While libellant does not dispute the holding that it has no cause of action recognized at general law, it as...
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This action arises out of the sinking of the barge FELL LOVELAND on March 12, 1955, at respondent’s pier. Libellant seeks recovery for the value of pig iron lost and not recovered when the barge was salvaged.
Libellant is the R. D. Wood Company, successor to Florence Pipe Foundry and Machine Company (hereafter referred to as “Florence”). Respondent is Phoenix Steel Corporation, successor to Cheste...
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Libelant, a longshoreman, was injured while engaged in his duties aboard the 5.5. Gateway City, owned by respondent, Coastal Ship Corporation. He was an employee of Sea-Land Service, Inc. (formerly known as Pan Atlantic Steamship Corporation), the bareboat charterer and owner pro hac vice of the vessel. He brings this libel in rem against the 5.5. Gateway City and in personam against Coastal Sh...
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Page 4634
Libelant, the owner of the Scow P & M No. 2, seeks to recover damages caused to the scow while she was under charter to the respondent. The charter was the common demise charter which provided that the scow would have a captain furnished by the owner, and that the scow would be returned in the same condition as when received, less ordinary wear and tear.
The scow, which was open deck and of wooden...
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This is an action on a brokerage contract to recover a commission allegedly earned when the defendant entered into a contract with a third party to discharge-ore from a ship.
This Court has jurisdiction of the action in that the plaintiff is a New York corporation; the defendant is an Alabama corporation engaged in the g-eneral stevedoring business, conducting operations in Mobile, Alabama, Gulfpo...
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Hecht, Levis & Kahn, Inc., a New York corporation, the owner and consignee of 30 shipments of rubber shipped aboard the S/S Javanese Prince under clean bills of lading, brings this action for damages against the S/S Javanese Prince, its owner and operator, Prince Line, Ltd., a corporation of the United Kingdom of Great Britain and Northern Ireland, and Furness, Withy and Company, Ltd., a corporati...
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Plaintiff, claiming to be a seaman, alleges several causes of action:
(1) Under the Jones Act on the grounds of negligence of The Offshore Company;
(2) Under the General Maritime Law based on unseaworthiness of The Offshore’s drilling rig;
(3) And in the alternative, for benefits under Louisiana Workmen’s Compensation Act, and
(4) For maintenance and cure.
Defendant, Fidelity and Casualty Company ...
Views: 0
What effect does a final judgment of a Virginia state court of competent jurisdiction have on the rights of the plaintiff, who instituted his state court action alleging that he was a longshoreman and which action was dismissed for lack of jurisdiction and with prejudice, to now maintain a Jones Act suit in the federal court by alleging that he was a seaman ?
On October 11, 1960, plaintiff filed a...
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Plaintiff brings this action against the defendants as the owners of a small vessel and barge on which plaintiff was injured. Plaintiff alleges he was a business invitee on board these two vessels at the time of his injury which was caused by the negligence of defendants’ employees and the unseaworthiness of the two vessels. Previously plaintiff had made a claim before the Deputy Commissioner unde...
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Atkins, Kroll & Co. originally brought this action in the California Superior Court, seeking recovery for damage suffered by a shipment of 72 coils of steel sheeting while in transit aboard defendant’s vessel. The complaint alleges that the coils of steel sheeting were delivered to defendant’s vessel at Durban, South Africa by Leo Raphaely & Sons for shipment upon an order bill of lading to Los An...
Views: 1
The complaint in this case describes itself as a “cause of action both civil and maritime”. It was given Civil No. 62-553 by the Clerk’s stamp, but “Civil Action No.” was typed in by counsel’s office. In the body it invokes “the maritime doctrine of unseaworthiness”. It also demands a jury trial. The complaint was filed on July 20, 1962. On August 14,1962, no appearance having been entered or answ...
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This libel seeks to recover damages to cargo. The libellant shipped two tractors to Tripoli on board respondent’s vessel. When the vessel reached the Port of Tripoli, it discharged the tractors onto a lighter. Shortly thereafter the lighter listed to one side, and the tractors were cast overboard. The lighter was hired by respondent’s local agent, but the charge for the lighterage was billed to th...
Views: 0
Libel by the United States against the American Gas Screw “Franz Joseph” to forfeit that vessel to libelant under pertinent provisions of 46 U.S.C. § 325.1
The vessel was permanently licensed for the purpose of a mackerel fishery and on or about October 29, 1957, was operated by one Campbell on the waters of Prince William Sound, at which time the vessel was engaged in the coastwide trade. Engagin...
Views: 0
Plaintiff, a longshoreman, filed this suit on January 20, 1960, against defendant Belgian Line Inc. for injuries allegedly received on January 28, 1957 while he was working aboard a vessel owned by defendant Compagnie Maritime Beige, S.A.
Defendant Belgian Line Inc. was served with process on January 21, 1960. On February 23, 1960, suit was filed against defendant Compagnie Maritime Beige S.A. as ...
Views: 0
The eourt in this case called a pretrial conference immediately before the trial opened on October 1, 1962. The purpose of the pre-trial was to discuss the issues involved in the case and to attempt to expedite the disposition of the action under Rule 16, subd. 6, of the Federal Rules of Civil Procedure,
The court was moved to do so after a careful study of the pleadings, depositions and exhibits ...
Views: 0
Defendant has moved to transfer this action to the United States District Court for the Eastern District of Louisiana, pursuant to 28 U.S.C.A. § 1404(a). 1 The action was brought under the Jones Act (46 U.S.C.A. § 688) by a merchant seaman, on a claim that he fell and fractured his arm on returning to the defendant’s vessel from shore leave in New Orleans, Louisiana. He alleges that the fall ...
Views: 0
1962 U.S. Dist. LEXIS 4647: Massachusetts Trustees of Eastern Gas & Fuel Associates v. United States
Page 4647
1. On January 15, 1962 this Court issued an opinion, 202 F.Supp. 297, that the final judgment when entered herein should include the dismissal of libelant’s first and second causes of action and the dismissal of respondent’s first cause of action. This opinion is now amended in the following respects:
(a) In Section E, finding 14, pages 16 and 17 [at page 308] the second sentence of the finding is...
Views: 1
This is an in rem action in admiralty, in which the Libelant longshoreman charged that the Respondent vessel “MADRID” was unseaworthy and was negligent in failing to furnish Libelant with a safe place to work. The Respondent vessel impleaded LUCKENBACH STEAMSHIP COMPANY, INC., as a third party Respondent, claiming breach of warranty to perform the obligations of its contract with the Respondent wi...
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Findings of Fact:
The Continental Oil Company, The Atlantic Refining Company, Tidewater Oil Company, and Cities Service Production Company, Libelants, bring this suit in admiralty against the MS GLEN-VILLE, Her engines, tackle, apparel, etc., as Respondent, for the sum of $800,-000.00.
The Respondent was and is owned by the Skibs A/S Solstad (A. F. Klaveness & Co., A/S), who is Cr...
Views: 0
Plaintiff, a citizen of Tennessee, claims under the Jones Act, for unseaworthiness, and maintenance and cure, claiming over $10,000 and diversity in each action, against a foreign corporation in Louisiana. The accident occurred in Kentucky. A vessel of defendant was attached as on foreign attachment in our waters. This gave only security for ultimate payment of any judgment obtained, but did not ...
Views: 0
Plaintiff, formerly chief mate aboard the s/s Columbia Heights, owned and operated by the defendant, seeks to recover damages arising out of injuries sustained by him while the vessel was docked at a pier at Ocho Rios, Jamaica, British West Indies.
Plaintiff was injured as he stepped off the ship’s gangway ladder when the vessel suddenly surged aft and his right foot was caught by the roller at th...
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Alleging that personal injuries'were sustained by him while working on a dredging barge owned by C. F. Bean, plaintiff has filed this suit against the liability insurer of his employer under the Direct Action Statute of Louisiana. (LSA-R.S. 22:655) The complaint is laid under the Jones Act for negligence and the general maritime law for unseaworthiness of the vessel in question seeking a total of ...
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The libel herein was brought by the J. F. McNamara Corporation, a Minnesota corporation, against The Motor Tanker Tabriz (hereinafter referred to as the Tabriz) to recover for services and materials furnished to the vessel.
A cross-libel was filed by Wilh. Wilhelmsen (hereinafter referred to as the owner) against J. F. McNamara Corporation (hereinafter referred to as libel-ant).
At the commencemen...
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Page 4654
This is a motion by petitioner Stef Shipping Corporation, brought pursuant to 9 U.S.C. § 10, seeking to vacate an arbitration award in the above proceedings on the following grounds:
(1) Respondent’s arbitrator was guilty of misconduct and evident partiality.
(2) The arbitration majority exceeded their authority by making an award without the participation of the arbitrator selected b...
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George Frank Hains came to his death by drowning while in the employ of Bay Contractors, Inc., aboard a dragline barge owned by this defendant, on or about July 8, 1960, leaving surviving him his widow, Veda M. -Foreman Hains, and three minor children, George Frank Hains, Jr., Evelyn Marie Hains and Jacqueline Kay Hains. This action is brought by the widow for herself individually, and as the duly...
Views: 0
Libellant, Rockport Yacht & Supply Company, Inc., seeks to execute alleged maritime liens against the M/V CON-TESSA arising out of necessaries furnished to the vessel by Libellant and its assignors. After the libel was filed a warrant of seizure was issued and the vessel was seized by the marshal. Thereafter Claimant, American Marine Investments, Inc., holder of a preferred ship mortgage, made a c...
Views: 0
The plaintiff, a longshoreman in the employ of the third party defendant, Mc-Grath, seeks damages for personal injuries on the ground of the alleged negligence of the defendant, the owner and operator of the SS CIUDAD DE CUMANA, and on the ground that said vessel was unseaworthy. By a pre-trial order, dated December 7, 1960, the plaintiff limited the issues of alleged negligence and unseaworthines...
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Page 4658
This action is brought by the plaintiff, as the owner and holder of 84 bonds, each in the principal amount of $1,000.00, dated November 1, 1958, and entitled “Town of Monongah, Waterworks Revenue Bond, Fourth Series”, and maturing at various dates beginning May 1, 1970, and ending May 1, 1983. There has been no default in the payment of interest, but plaintiff alleges that there has been a default...
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In connection with the above mentioned matters, the court makes the following Findings of Fact: 1. Albert R. Gellenthin, Sr., Albert R. Gellenthin, Jr., and Paul L. Gellenthin, trading as Gellenthin Oil Transport Company, at all times material to these suits, owned and operated the tug Rebecca and tank barge Argoil No. 105. 2. The tank barge Argoil No. 105 is a steel-hull, motorless oil barge, 195...
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Libelant, age 56, a stevedore foreman, with fourteen years experience in that capacity, seeks damages against Respondent-Petitioner, the ship owner, for personal injuries to his right elbow and arm received aboard ship on November 25, 1960, during a boom re-topping operation in connection with the unloading from hatch No. 5. Respondent-Petitioner, the ship owner, filed a third party complaint agai...
Views: 0
This admiralty action is brought to recover damages to a dolphin or caisson connected to a pier of libellant resulting from a collision between the ship JOHANNES FRANS and this dolphin (caisson #3). The accident occurred as the ship, assisted by two tugs belonging to the impleaded respondent, was maneuvering under her own power into the berth at No. 1 Pier of the libellant’s wharf on the Delawa...
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Complainant has brought this action under the Jones Act (46 U.S.C.A. § 688 et seq.) and the General Maritime Law, alleging that he was injured as the result of negligence and unseaworthiness, on April 13, 1960, while employed as a member of the crew of a vessel operating in navigable waters, about 3 miles from the shores of Grand Isle, Louisiana, in the Gulf of Mexico.
Defendant, Williams-McWillia...
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Libellant instituted this action against Marine Transport Lines, Inc., as operator, and the United States of America, as owner, of the USNS Muir Woods, for damages allegedly resulting from the negligence of the operator, the unseaworthiness of the vessel, and the purported failure to provide medical care thereby aggravating libellant’s condition. Respondent, Marine Transport Lines, has paid all ma...
Views: 0
This libel of Transpacific Carriers Corporation, as owner of the M/V Hellenic Spirit seeks recovery against the tug boat Ellen F. McAllister (hereinafter “tug McAllister”) and McAllister Brothers, Inc. (hereinafter “McAllister”), owner, for damages to the said Hellenic Spirit upon a claim that on December 3, 1958, in the course of towing by the tug McAllister, the Hellenic Spirit was caused to col...
Views: 1
This case came for retrial to the court in Admiralty upon its remand by the United States Court of Appeals for the *68Third Circuit. Wounick v. Pittsburgh Consolidation Coal Company, 283 F.2d 325 (1960).
The case was originally tried on the 20th day of April, 1959, in an action brought by the plaintiff in the District Court under the Jones Act, 46 U.S.C.A. § 688, on three counts: one, for negligen...
Views: 0
This declaratory judgment action was heard on a stipulation of facts agreed to by all parties involved. Essentially, the controversy arises out of a series of transactions relating to a 1955 Chevrolet Sedan, which allegedly became involved m an accident on December 30, 1960, while being driven by one of th
e
defendants, Thomas Trussell. In that accident Thomas Brookfield, another of ...
Views: 0
Page 4669
This is an action in Interpleader for a determination of the respective rights of the parties and certain monies claimed to be due from plaintiff as freights on cargoes carried for plaintiff on the OCEAN ALICE. Plaintiff-stakeholder has deposited cash in the sum of $46,-652.01 with the Court and established an interpleader bond in the sum of $46,-697.59. The total sum of the freight monies due ...
Views: 1
The pending motions raise the question whether under the circumstances of this case a longshoreman who accepted compensation from his employer’s insurance carrier under an award in 1958 may maintain an action in his own name to the use of the carrier against the shipowner for negligence and unseaworthiness where the carrier has refused to bring such an action, or may require the carrier to reassig...
Views: 2
The government has excepted to a libel under the Public Vessels Act, 46 U.S.C.A. § 781 et seq., because it does not allege facts showing venue under sec. 782, which provides: "Such suit shall be brought in the district court of the United States for the district in which the vessel or cargo charged with creating the liability is found within the United States, or if such vessel or cargo be outside...
Views: 0
This is a petition for a writ of habeas corpus by a state prisoner who was convicted of Murder in the Second Degree in the death of Albert DiLlulio and sentenced on November 29, 1938 to a prison term of twenty years to life.
1
He was subsequently released on parole and is presently imprisoned for breach of parole. A writ of error
coram nobis
was denied after hearing by the...
Views: 5
These consolidated suits in admiralty arise out of a collision between the United States dredge ESSAYONS and the tanker NORTH DAKOTA in Ambrose Channel on January 26, 1959. Texaco, Inc., the owner and operator of the tank vessel NORTH DAKOTA, is a Delaware corporation with a place of business in New York City. The ESSAYONS, a steam dredge operated by the United States Corps of Army Engineers, is 5...
Views: 0
This is a motion by defendants John-H. Faunce, Inc. and Vincent Wortman to dismiss the second count of a two-count information'filed on April 17, 1962, on the ground that the act alleged to have' been committed by them did not constitute an offense. The Second Count charges that: “On or about the 27th day of October, 1960, in the Southern District . of New York, JOHN H. *958FAUNCE, INC. and VINCEN...
Views: 0
Two questions are presented here for decision: (1) Does this court have jurisdiction of a libel against a foreign insurer with no office, place of business or agent for service of process in Louisiana but which insured a vessel for negligent operation with navigation limits in the policy including the waters of Louisiana; and (2) Can a libelant sue the vessel owner’s insurers under the provisio...
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This is a motion by respondent, United States of America, for summary judgment on the ground that the declaratory judgment of non-liability sought by libel-ant is barred by the two-year statute of limitations contained in Section 5 of the Suits in Admiralty Act (46 U.S.C.A. § 745).
The present action was instituted by the filing of a petition in the United States Court of Claims on June 1, 1959, s...
Views: 0
This matter having been submitted to the Court for decision on the pleadings and a Stipulation of Fact, and the Court having considered them and the law, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT I. Complainant is the duly qualified and appointed administrator of the succession and estate and personal representative of his late son, Alvin Randall, Jr., and is tr...
Views: 0
Page 4678
Funch, Edye & Co., Inc., steamship agents and ship brokers of New York, New York, were engaged by respondent, International Export Lines, Ltd., through its authorized agent to procure a charter for its vessel known as the HONGKONG EXPORTER. Shortly before May 18, 1961, the ship broker determined that one of its customers, Orient Mid-East Great Lakes Service, the libelant, was interested in charter...
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This is an action by the plaintiff, Russell Mining Company, Inc., to recover upon a marine insurance policy for the loss of a barge due to sinking. The plaintiff also seeks to recover a statutory penalty from the defendant for nonpayment of insurance. From the stipulations made by the parties and the testimony of witnesses, the following are the facts of the case upon which recovery must either be...
Views: 1
In this diversity action, the matter before the Court is defendant’s motion to dismiss the complaint for the reason that, based upon the undisputed facts, it is not subject to service of process in the Commonwealth of Pennsylvania. The'sole question is whether the activities of defendant are sufficient to constitute the “doing of business” within the Commonwealth of Pennsylvania to authorize servi...
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The cross motions to dismiss which are before this Court are principally concerned with a compensation order filed by the defendant deputy commissioner on August 9, 1961 pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act of March 4, 1927, 44 Stat. 1424, 33 U.S.C.A. § 901 et seq., hereinafter to be called The Act.
While unloading the S.S. Marine Courier on March 2...
Views: 0
In this personal injury action based upon the Jones Act, the jury rendered a verdict in favor of the seaman in the amount of $48,000, 46 U.S.C.A. § 688.
The sole issue before the Court relates to defendant’s motion for judgment N. O.V. and/or new trial based upon the following contentions:
“1. There is no evidence to support jury’s finding that the plaintiff was a seaman.
“2. Negligence does not e...
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Motion by defendant to dismiss the second cause of action herein on the ground that it fails to state a claim upon which *237relief may be granted.1
2The action is brought by plaintiff Theresa Igneri for $500,000 damages based upon the loss of consortium of her husband Peter, a longshoreman, who allegedly sustained permanent injury aboard defendant’s vessel as a result of the unseaworthiness there...
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The controversy in suit arises out of a breach of four charter parties providing for carriage of ilmenite ore, which the Court of Appeals (2 Cir., 275 F.2d 253) found was not excused by the closing of the Suez Canal from November 2, 1956 to April 10, 1957; it remanded the suit to the District Court for assessment of damages. It comes to us on exceptions filed by both libelant and respondent to the...
Views: 0
Defendant has moved for judgment on the pleadings under Rule 12(c), Fed. Rules Civ.Proc., 28 U.S.C.A., claiming that certain of plaintiff’s claims are either time barred or legally insufficient. The action is brought by a seaman’s administratrix who sets forth what at first glance appears to be two but is actually four causes of action. All rest upon the same alleged facts: while plaintiff’s in...
Views: 0
Page 4686
This action, predicated upon two policies of marine insurance, one issued by Reliance Insurance Company of Philadelphia, Penn, (hereafter “Reliance”) and the other by American Insurance Company of Newark, N. J. (hereafter “American”), both in favor of the plaintiff, arises out of the theft of a shipment of surplus sunglasses loaded upon a carrier’s truck stationed upon plaintiff’s premises.
...
Views: 0
1962 U.S. Dist. LEXIS 4687: Cuban Atlantic Sugar Sales Corp. v. Marine Midland Trust Co. of New York
Page 4687
The libelant seeks to recover $84,247.-56 which it paid to the respondent The Marine Midland Trust Company as assignee of respondent Ocean Trading Corporation.
The payment represented prepaid freight charges for transportation of a cargo of sugar from Cuba to Japan under a voyage charter party between libelant and Ocean Trading Corporation as time chartered owner of the s/s Aspromonte. Marine Midl...
Views: 0
This is a suit in admiralty by the consignees of goods against Nippon Yusen Kaisha (N.Y.K. Line), an ocean carrier, for alleged damage to their cargo. Respondent has denied liability, alleging that under its bill of lading its responsibility terminates when the goods leave the ship’s deck or tackle. Respondent has also impleaded the Universal Terminal & Stevedoring Corp. (Universal), alleging t...
Views: 1
In these three libels, fourteen different libellants seek to recover damages for the wrongful death, bodily injury, and conscious pain and suffering of their decedents, who were drowned on January 15, 1961, when Texas Tower No. 4, an offshore radar station, located about eighty-four miles southeast of Coney Island, collapsed during a storm and fell into the sea. Two of the libels were filed in ...
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(sitting by designation).
Farrell Lines, Incorporated, owner of a pier at the foot of 33d Street in Brooklyn, N. Y., fronting on Gowanus Bay, brought this libel against the M/V Bii'kenstein and the tug Pauline L. Moran
in rem
and North German Lloyd, a West German corporation, hereafter NGL, owner and operator of the Birkenstein, and Tug Agnes A. Moran, Inc., and Moran Towing and...
Views: 1
On motion for summary judgment under Rule 56, F.R.Civ.P. 28 U.S.C.A., defendant American President Lines seeks dismissal of this action upon the ground that plaintiff’s delay in bringing the suit constitutes laches and precludes recovery.
Plaintiff, a longshoreman employed by the third-party defendant, allegedly sus*667tained injuries in an accident aboard defendant’s ship, on November 15, 1958. I...
Views: 0
These are actions by longshoremen against a shipowner for personal injuries.
Service of process on defendant, a nonresident of this District, was made by serving the Secretary of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Act of November 10, 1959, P.L. 1404, 12 P.S. (Pa) §§ 336, 337, authorizing such service on nonresident owners and operators of vessels in Pennsylvania waters a...
Views: 0
This is a consolidated cause arising out of a collision between the motor vessel ANGELA FASSIO and the tanker E. W. SINCLAIR on the morning of December 3, 1959, in the Delaware River. The ANGELA FASSIO, owned by libel-ant, Villain & Fassio E. Compagnia Internazionale Di Genova Societa Riunite Di Navigazione, S.p.A. (Villain & Fassio), was built in 1956. She is 492 feet long, 62 feet abeam, of 7...
Views: 1
This is an action in admiralty for maintenance and cure. The libelant also filed suit for damages based on the negligence of defendant and the unseaworthiness of its vessel, the S. S. Gulfiion, on which he had worked as a wiper at the time of his alleged injury. The trial of this admiralty action before the court was held simultaneously with the trial of the damage suit before the court and a jury...
Views: 0
This libel action involves the $500 Limitation of Liability provision of the Carriage of Goods by Sea Act, 46 U.S. C.A. § 1304(5). The Libellant, Atlantic Mutual Insurance Company, was assurer of the consignee, Societe Beige Reineveld, of Antwerp, Belgium. The Respondent is the carrier. The goods consisted of certain ironing machine pads in one package, stowed on Respondent’s vessel for deliver...
Views: 1
This action was tried before the Court, without a jury on November 20, 1961 at 9:30 o’clock in the morning.
At the close of plaintiff’s case, counsel for the plaintiff Manuel Torres Cruz and for the defendant and Third Party Plaintiff advised the Court, that the plaintiff and said defendant had stipulated to settle the controversy between themselves and that judgment be entered for the plaintiff, ...
Views: 0
The question in this ease is whether the amount in controversy is sufficient to support Federal jurisdiction.
On March 21, 1961, the plaintiff, Glen Flournoy, doing business as Odessa Aero Service, a resident of Texas, filed suit against the defendant, United States Aviation Underwriters, Inc., a New York Corporation, in the District Court of Ector County, Texas, claiming the sum of $11,750 for da...
Views: 0
Defendant and third party plaintiff, South African Marine Corporation, *275seeks, by this action, to recover indemnity from the third party defendant, States Terminal Corporation, for breach of its implied warranty to perform its services in a workmanlike manner. In the action of the plaintiff, Alphonse De Palma, against the defendant, the jury found a verdict in favor of the plaintiff in the sum ...
Views: 0
I have considered carefully the stipulation in the above styled case and the briefs thereon and have reached the conclusion that this Court does not have jurisdiction over the person of the defendants and that the service of process *341upon the Secretary of State under and by virtue of Section 1437 of the Mississippi Code of 1942 should be quashed, and that the libel must be dismissed. I think th...
Views: 0
These actions, consolidated for trial, involve a collision between the motor ship HOLLANDIA, owned and operated by the libellant and cross-respondent, Hellenic Lines, Ltd., and the tanker AM-TANK, with Sinclair Refining Company being the owner pro hac vice, on the evening of August 12, 1958, in the vicinity of Overfalls Lightship near the mouth of the Delaware Bay. The dry cargo vessel UNION METRO...
Views: 1
The only question before the Court at the present time is whether the intervening libel of Thomas M. Achard, in which he claims a maritime lien for wages, should be upheld.
It has been conceded and stipulated that the O/S SALVOR is a United States vessel duly registered at its home port of Houston, Texas; that the certificate of registry which was introduced in evidence shows that Achard was the m...
Views: 0
The libellant in this suit in admiralty seeks to recover upon a marine hull insurance policy • issued by respondent. The libellant claims this policy covered damage sustained in loss of libellant’s Pulling Machine No. 12 (hereinafter “No. 12”) on July 24, 1958, allegedly due to accidental damage on July 24, 1958.
At the time of the accident, when a port guy wire parted and a 75 foot tall l...
Views: 0
Subsequent to the decision of the Supreme Court of the United States, 369 U.S. 527, 82 S.Ct. 997, 8 L.Ed.2d 88, this case was heard on remand to determine the amount of damages to be assessed against the respondents. As this court interprets the language of the Supreme Court, the intent and purpose of the same is that the trial court should make the seaman “whole”, i. e., he should not be requi...
Views: 1
This case has been instituted under the Suits in Admiralty Act and/or Public Vessels Act for the purpose of recovering damages to cargo delivered to and accepted by the vessel in good order and condition and out-turned in damaged condition, the damage thereto having been caused by water. The only matter before me at this time is the question of liability. The vessel involved, the MV NORTH STAR, a ...
Views: 0
Page 4706
This is a motion by the libelant, Orion Shipping & Trading Co., Inc. (hereinafter called Orion) for an order under a provision of the United States Arbitration Act, 9 U.S.C. § 9, confirming an arbitration award in favor of Orion against Eastern States Petroleum Corporation of Panama, S. A. (hereinafter called Eastern Panama) and Signal Oil & Gas Company (hereinafter, called Signal), or in the a...
Views: 1
The validity of Louisiana’s' Watercraft Statute [LSA-R.S. 13:3479-13:3482 (1950)] is challenged on the ground that it is in conflict with General Admiralty’ Rules 1 and 2, 28 U.S.C.A.
1
In a libel in admiralty libelant alleged that he was injured while in the course and scope of his employment as a stevedore aboard the vessel SS ASOHARU MARU while afloat in the harbor of New Orlean...
Views: 1
Plaintiff Gries and Taylor were and are employees of Bendix Radio Division of the Bendix Aviation Corporation. On November 21, 1959, in the ordinary course of their duties, they were assigned to make repairs to the radar installation on Texas Tower No. 2, owned by the United States Government and located on George’s Bank, approximately one hundred and ten miles east of Cape Cod, Massachusetts. Wit...
Views: 2
This is a suit by some twenty-one merchant seamen against the erstwhile owners of the SS LOMALAND, based, primarily, upon a claim of wrongful discharge and, alternatively, upon alleged violations of the statutory provisions governing shipment of seamen.
In essence the libel grows out of two principal alternative theories of recovery: (1) that respondents wrongfully discharged these seamen in viola...
Views: 0
On December 28, 1961, six libelants, each as the representative of his or her intestate, filed a libel seeking damages for the conscious pain and suffering and wrongful death of each said decedent. Each intestate was a member of the United States Air Force, stationed on Texas Tower No. 4, who met his death when that Tower collapsed into the sea on January 15, 1961.
The libel pleads thirty ...
Views: 0
Page 4711
Plaintiff longshoreman sued defendant shipowner for $75,000 damages for personal injury, alleging unseaworthiness of the vessel and negligence of the vessel’s personnel. Defendant denied these allegations and claimed the injury resulted from a breach of warranty of workmanlike service by the stevedore, Strachan Shipping Company. On September 15, 1961, defendant shipowner, by its attorneys of recor...
Views: 0
Page 4712
This is an action by a shipowner, American Export Lines, Inc., hereinafter called “Export”, seeking indemnity from a stevedore, Atlantic & Gulf Stevedores, Inc., referred to as “Atlantic”, for breach of a contract pertaining to stevedoring services.1
The S. S. Exeeller, owned and operated by Export was the subject of this stevedoring contract on September 30, 1956. A gang of longshoremen, of which...
Views: 0
Plaintiff, a New York corporation, sues to recover $50,000 from defendant insurers under a jewelers’ block policy with a $25,000 limit on a loss of property elsewhere than at plaintiff’s premises and under an excess jewelers’ block policy which supplemented the primary policy and provided an additional $25,000 coverage.
Defendant insurance companies are foreign corporations doing business in New Y...
Views: 0
205 F. Supp. 700 (1962)
Joseph JUDGE, Plaintiff,
v.
JOHNSTON WARREN LINES, LTD., Defendant.
Civ. A. No. 61-933-C.
United States District Court D. Massachusetts.
June 4, 1962.
Nathan Greenberg, Boston, Mass., for plaintiff.
Bingham, Dana & Gould, H. B. Zobel, Boston, Mass., for defendant.
CAFFREY, District Judge.
This is an action of tort in which jurisdiction of this Court is invoked on the b...
Views: 0
On November 9, 1960, Shell Oil Company entered into an agreement with The Texas Pipeline Company whereby Texas was to make its terminaling facilities at Pilottown, Louisiana, available to Shell for a period of five years commencing not later than July 1, 1961. The agreement provided that Shell would move a daily average of 25,000 barrels of crude petroleum through these facilities and pay 30 per b...
Views: 1
Plaintiff brings this suit under the Jones Act, 46 U.S.C.A. § 688, as personal representative of Richard Ozema Ridge-dell who died from injuries sustained while working aboard defendant’s tug and barge. The complaint alleges negligence on the part of defendant’s employees and the unseaworthiness of defendant’s barge. Plaintiff seeks damages for pecuniary loss and loss of love, affection, and co...
Views: 0
This is an action brought in Admiralty in which the libelant, a seaman, seeks maintenance and cure. On January 4, 1961, libelant became employed by respondent, Isthmian Lines, Inc., aboard the S. S. Steel Scientist as a crew pantryman. On that day, about 3:00 p. m., libelant, while having coffee aboard ship, collapsed and fell from his chair on to the deck unconscious. Libel-ant was taken to th...
Views: 1
Plaintiff seeks a new trial in this action brought under the Jones Act (46 U.S.C.A. § 688). The grounds assigned are that the verdict was against the evidence, against the weight of the evidence, and that the charge of the court was erroneous. Plaintiff sued for personal injuries which he alleges he sustained on the defendant’s tanker, S.S. Gulflion. He claims that he fell out of his bunk because ...
Views: 1
1962 U.S. Dist. LEXIS 4719: Massachusetts Trustees of Eastern Gas & Fuel Associates v. United States
Page 4719
A. INTRODUCTION
This controversy involves the validity and interpretation of Part I Clause E and Part II Clauses 2 and 13 of the standard bareboat charter contract of the Maritime Commission under § 709(a) of The Merchant Marine Act, 1936, 49 Stat. 1985, 46 U.S.C.A. § 1199(a), and § 5(b) and (c) of The Merchant Ship Sales Act, 1946, 60 Stat. 41, 50 U.S.C.A.Appendix, § 1738 (b, c). Essentially the ...
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Libel
in rem
filed by the Pennsylvania Railroad against the S. S. Marie Leonhardt. Answer and cross-libel
in person-am
filed against the Railroad by Leonhardt & Blumberg, claimant and owner of the vessel. Each party avers that the other was solely at fault in causing the vessel to collide with the Delair drawbridge on the Delaware River, which is operated and maintained by...
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S. C. Loveland Company, Inc. (Love-land) operates under authorization of the Interstate Commerce Commission as a common carrier by water between various Atlantic seaboard ports from Maine to Key West. On December 23, 1958, Love-land applied to the Interstate Commerce Commission for a revised certificate of public convenience and necessity, authorizing an extension of its operating authority to Tam...
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This civil action is brought by complainant, Louis Creppel, Jr., a seaman, seeking to recover from respondent, J. W. Banta Towing, Inc., the sum of $30,-000 in damages under the provisions of the Jones Act, 46 U.S.C.A. § 688. In the alternative, complainant seeks to recover the same amount under the general maritime law for damages allegedly sustained by him and allegedly resulting from the uns...
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In this action under the Death on the High Seas Act, 46 U.S.C.A. §§ 761-768, the estate of the decedent (Libellants) seeks to recover damages for decedent’s death on a Venezuelan airliner which crashed into the sea on June 20, 1956, more than one marine league off the New Jersey coast. The suit is not against Linea Aeropostal Venezolana, the airline company, but rather against the manufacturer of...
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The plaintiff, a longshoreman, employed by the third party defendant, Imparato Stevedoring Corporation, sustained injuries on December 3, 1954,. while engaged in unloading cargo from, the No. 1 lower hold of the SS American Ranger, owned by the defendant, United States Lines Company, hereinafter called', the shipowner. He claimed that the accident and the resulting injuries were caused by the unse...
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Defendant has moved to dismiss Counts One and Three of the complaint. A. Count One alleges that the case comes within the maritime and admiral*664ty jurisdiction of this Court, and is based upon diversity of citizenship and the requisite amount in controversy. It specifically alleges a claim under the Jones Act, 46 U.S.C.A. § 688, and joins therewith, in paragraph 12, a claim based on unseaworthin...
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The libelants in this action have moved for an order referring the disputes here involved to arbitration and overruling respondent’s exceptive allegations with respect to the libel.
The libel sets forth two causes of action. The first cause of action seeks relief under the provisions of the United States Arbitration Act, 9 U.S.C. § 4, and asks that the respondent be directed to arbitrate t...
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Austin Johnson (“Longshoreman”) has brought this action against Partrederiet Brovigtank (“Shipowner”) for damages for injuries allegedly caused by Shipowner’s negligence and by the unseaworthiness of its vessel. Shipowner impleaded Longshoreman’s employer, Standard Terminal Stevedoring, Inc. (“Stevedore”). Stevedore has now moved, under Rule 15, Fed.Rules Civ.Proc., 28 U.S.C., for an order perm...
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This is a cause of action brought by the libelants, Karl Dahl and Hjalmar Wiik, for wages, for damages as a result of a breach of the contract of employment, for penalty wages as provided by Title 46 U.S.C.A. § 596, for subsistence and repatriation expenses; and on behalf of libelant, Karl Dahl, who became ill while awaiting repatriation, for maintenance and cure. FINDINGS OF FACT 1. The libelants...
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The plaintiff herein has filed a complaint seeking damages for personal injury under the Jones Act, 46 U.S.C.A. § 688, in the Northern District of Ohio, Eastern Division at Cleveland, Ohio. The defendant has moved for transfer of the action to the District Court for the Northern District of Illinois, Eastern Division, by virtue of 28 U.S.C., § 1404(a), providing:
“For the convenience of parties an...
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Plaintiff William Knox on December 20, 1957, instituted the above action claiming that defendant United States Lines Company, owners and operators of the S.S. “American Builder”, were responsible to him in damages for the negligent operation of the ship and for its unseaworthiness. On March 24, 1958, T. Hogan Corporation, employers of plaintiff, was joined as a third-party defendant. Subsequently,...
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Respondents, Hunt Oil Company and Cities Service Oil Company, have filed a motion for summary judgment under Admiralty Rule 58, 28 U.S.C.A. seeking dismissal of the exoneration or limitation proceedings brought herein under provisions of 46 U.S.C.A. §§ 183-189. Respondents employed petitioner by oral personal contract to perform certain piling work in and about its oil well situated in Six Mile La...
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On August 11, 1960 the United States of America filed this libel in rem against the Tug RICHARD J. MORAN (ex MAINE) for damages sustained by the SS SAMUEL JOHNSTON and the SS HELEN HUNT JACKSON in a collision, alleged to have been caused by the negligence of the tug, on March 29, 1947, at Brown’s Wharf, Portland, Maine. The question now before the Court is whether the government’s libel is barred ...
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On June 19, 1957, libellant instituted this action alleging (1) a claim for damages for personal injuries allegedly sustained when libellant endeavored to descend from the upper bunk in his forecastle, which bunk was not equipped with a ladder, and was allegedly caused to fall by reason of the insecurity of a wooden bench provided therein; (2) a claim for maintenance; (3) a claim for wages to the ...
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Page 4734
Application by Maryland International, S.A. (hereinafter referred to as “Maryland”) for a decree pursuant to Rule 42. of the Rules of Practice in Admiralty, 28 U.S.C.A., directing payment to Maryland of $1,000 from the proceeds of sale-by a United States Marshal of the S.S. Panargy I, initiated by the foreclosure-of a foreign ship mortgage under the-authority of 46 U.S.C.A. § 951.
Section 1284 of ...
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Plaintiff, a longshoreman, was injured when attacked by a fellow longshoreman while both were working aboard defendant’s vessel. Suit was brought against defendant as the owner of the vessel, alleging defendant’s negligence and unseaworthiness of the ship. Defendant having previously joined plaintiff’s employer as third party defendant, now moves for summary judgment. An examination of the plea...
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Libelant, George R. Freeman, combines in his libel three separate claims arising from personal injuries suffered by him on the morning of February 14, 1959. One of these claims is that his injuries were caused by unseaworthiness, another is that his injuries were caused by negligence of the respondent, and the third is for maintenance and cure. Respondent says that if there was unseaworthiness, it...
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Defendants filed a motion for directed verdict at the close of plaintiff’s case, upon the grounds that the evidence in its aspect most favorable to the plaintiff does not support a cause of action against the defendants. Decision on this motion was reserved and the case was submitted to the jury. The jury returned a verdict for the defendants on Count One (negligence) and a verdict in the amount o...
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This case, pegged on diversity, was tried to the Court. Plaintiffs are the ■owners of mineral interests in certain land situated in Caddo Parish, Louisiana. Defendant is the holder of an oil and gas lease upon the property owned by plaintiffs. The object of the action is to cancel this lease, or in the alternative, to recover damages for the breach by defendant of the obligations imposed upon it u...
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This case comes before the Court upon cross motions by plaintiff and defendant for summary judgment.
The facts in this case are summarized briefly. The lessee of certain government-owned oil lands made an assignment of a portion of the lease shortly before the lease was due to terminate. Under applicable statutes such an assignment gives the assignee a two year extension of the part of the lease a...
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An action in ejectment1 was brought by Ethel C. Deakyhe, a Pennsylvania resident, against Lewes Anglers, Inc., a Delaware corporation. Plaintiff avers the defendant corporation is in wrongful possession of her land and seeks to recover possession as well as mesne profits in the amount of $24,000. Plaintiff claims that in March 1960 she bought the property from Ernest and Anna Wingate Schoellner, w...
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204 F.Supp. 745 (1962)
MALONE FREIGHT LINES, INC., Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
Civ. A. No. 9996.
United States District Court N. D. Alabama, S. D.
April 5, 1962.
*746 Edward M. Reidy, Washington, D. C. and J. Haden Alldredge, Montgomery, Ala., for plaintiff.
Lee Loevinger, Asst. Atty. Gen., Richard A. Solomon, Attorney, Dept. of Justice, ...
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The above-entitled case was tried to the Court on May 7 and 8, 1962. It was originally instituted by the American Insurance Company seeking a “recovery over” from “Quick-Vfay” Truck Shovel Company and Aetna Insurance Company, its insured, in the amount of $45,000.00. This sum of money was paid out by plaintiff to one Lawrence Elliott, a workman who suffered a personal injury in connection with the...
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The complaint in this case was filed October 17, 1960, along with a declaration of taking. On October 19, 1960, the court entered an order delivering the possession of the various tracts included in the suit to the plaintiff. On December 15, 1960, Commissioners were appointed as provided by Rule 71 A, Fed.R.Civ.P., 28 U.S.C.A., and on March 15, 1962, filed their report herein. On March 30, 1962, t...
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The above-entitled action arises under the Internal Revenue Laws of the United States, and specifically Title 28 U.S.C. § 1346(a) (1). It seeks a refund of federal estate taxes together with interest upon the allegation that these taxes were illegally assessed and collected from the plaintiff by the District Director of Internal Revenue for the District of Colorado. The plaintiff, as executor o...
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Page 4747
Plaintiff is a municipal corporation ■ organized under the laws of the state of Washington. Defendant is a private corporation organized under the laws of the state of Oregon. Plaintiff seeks a ■ declaratory judgment proclaiming that plaintiff, under the Federal Power Act, •J6 U.S.C. § 791a et seq., § 435.2 of the Revised Code of Washington, and other applicable statutes, is authorized to construc...
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This is a diversity action, 28 U.S.C. § 1332, in which the plaintiffs Short sue the defendant railroad company for per
*550
sonal injuries and property damage allegedly arising from a collision between an automobile owned by Mr. Short and operated by Mrs. Short and the defendant’s locomotive at a downtown crossing in Tullahoma, Tennessee on January 5 1961.
Inter alia,
th...
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These actions against the District of Columbia and the Commissioners thereof were originally brought by certain named owners and operators of rooming houses in the District of Columbia. Subsequently the cases were enlarged into class actions on behalf of rooming house, apartment house, and tenement owners and operators similarly situated, and were consolidated for trial. The actions challenge t...
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' Plaintiff seeks damages by way of reparations for alleged overcharges made by defendants in the transportation of petroleum products from East Billings, Montana, to points in Idaho and Washington between December 12, 1953 and December 8, 1955, plaintiff claiming that the rates charged were in excess of the legal tariff. Plaintiff filed overcharge *749claims, which were denied.1 Plaintiff then fi...
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Plaintiff, alleging total and permanent disability, has brought suit for workmen’s compensation and medical benefits against the insurer of Frank L. Richardson under a policy of compensation insurance covering all of his operations within Louisiana and Mississippi. On January 28, 1960, plaintiff was working as a laborer engaged in cutting *769pulpwood and transporting it from timberland owned by H...
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Invoking the jurisdiction of this duly constituted court of three judges under the provisions of 28 U.S.C.A. §§ 1336, *431398, 2284, and 2321-2325, and 5 U.S. C.A. § 1009, the plaintiffs, seven certificated common carriers by barge1 and a non-profit association (Waterways Freight Bureau), whose membership includes the seven named barge lines, brought this action against defendants, United States o...
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Defendant has moved for complete or partial summary judgment under Rule 56. The question presented is the application of the statute of limitations to a so-called “continuing tort” by the defendant and the effect thereon of the plaintiffs’ definitive ascertainment of a resulting disease during the continuance of the tort. Plaintiffs are the injured wife and her husband. The facts before us, dra...
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^his suit was brought in 1954 by the partnership then composed of Jack Begovich, Sr., Almon Gonzales, and Frank Plaisance, against The Texas Company (now known as Texaco, Inc.) for alleged damages to oyster bedding grounds. Since the filing of the suit, Jack Begovich, Sr. died and his heirs were properly substituted as parties plaintiff. The case was tried to the Court, without the intervention o...
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On February 3, 1960, the government filed its condemnation action for the taking of a fee simple interest in 4.553 acres of land-situated in the County of Monterey, State of California. Prior to the government take, and in 1889, the fee title to the land was owned by the Carmelo Land and Coal Company, a California corporation. On August 31, 1889, the Carmelo Land and Coal Company conveyed the f...
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This is a tort action arising out of a collision between an automobile owned and operated by the plaintiff Goosman and a tractor-trailer owned by the two defendants Hill, leased by them to the defendant A. Duie Pyle, Inc., and driven by the defendant Anderson. The case was tried before a jury. During the course of this trial, the plaintiffs dismissed their cases against all of the defendants ex...
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On October 17, 1960, the plaintiff at the request of the Secretary of the Army filed this action for the taking of property under power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest. The use for which the property was taken is in connection with the Dardanelle Lock and Dam on the Arkansas River and such other uses as may be authori...
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This is an action to establish plaintiff’s claimed ownership of the oil, gas, and petroleum distillate underlying a 40-acre tract of land in Pope County, Arkansas, to cancel an oil and gas lease covering said lands and executed by defendant Missouri Pacific Railroad Company (hereinafter Railroad) to the defendant Gulf Oil Corporation (hereinafter Gulf), and to cancel a certain “Declaration of Poo...
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The plaintiff, a West Virginia corporation, is the owner of all the coal and mineral rights under a 15.56 acre tract belonging to the defendants on which they have constructed dwelling houses. The plaintiff is asking the court to enjoin the defendants from interfering with its alleged right to relocate and construct a new truck road thirty feet wide with a five foot ditch line on each side through...
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The plaintiff Cradic is employed by P. C. Cooper, an excavation contractor. Cooper leased a large unit of construction equipment, known as a “wobble-wheel”, and an operator for the machine to Tennessee Eastman Company, which is a wholly owned subsidiary of Eastman Kodak Company. Eastman required this equipment and its operator to pack-down a huge pile of industrial coal located on its property to ...
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This action was commenced by the plaintiffs to recover the proceeds from the sale of oil produced from the Southeast Quarter of the Southeast Quarter of Section 29, Township 6 North, Range 4 West of the Third Principal Meridian, Bond County, Illinois, and sold to Sohio Petroleum Company, defendant. After the action was instituted, the defendant paid the funds received from the sale of the oil i...
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The complaint describes claims by citizens and residents of Washington, D. C., Virginia, Wisconsin, and New York, against individual defendants and certain corporate defendants which are alleged to be conducting business in Colorado. There is no allegation that two of these corporate defendants have their principal place of business in Colorado. The various plaintiffs demand restitution as to amou...
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On October 28, 1954, the plaintiff Gustav Hirsch Organization, Inc., an Ohio corporation experienced in construction of lines for the transportation of high voltage electric current, entered into a contract with the defendant, a rural electric cooperative corporation organized and existing under the laws of the State of Kentucky, engaged in the generation and transmission of electric power, by ...
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These are motions and cross-motions for summary judgment on the third and fourth causes of action set forth in the complaint. There are ten causes of action in the complaint, all growing out of alleged violation of a contract dated May 1, 1952, a copy of which is attached to the complaint, wherein the defendant appointed plaintiff as exclusive agent for the purchase of crude oil and sale of the...
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These two cases are antitrust actions at law for treble damages under Section 4 of the Clayton Act (15 U.S.C.A. § 15) based upon alleged conspiracies in violation of Section 1 of the Sherman AntiTrust Act (15 U.S.C.A. § 1). The actions arise out of the same alleged conspiracies which were the basis for indictments of manufacturers of electrical equipment products in the United States District C...
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The plaintiffs in the above-styled case have brought this action seeking to enjoin the defendants, Southern Airways, Inc., and the Airline Pilots Association, from putting into effect a collective bargaining agreement entered into pursuant to the orders of the Civil Aeronautics Board. The plaintiffs assert in their petition that the orders of the Civil Aeronautics Board were made without their be...
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This is a suit by Mechling Barge Lines, Inc., a common carrier, and several grain elevator operators served by barges, to set aside an order of the Interstate Commerce Commission. The order continued in existence a reduced rail rate for corn and corn products transported on the New York Central Belt Line. The Chicago Board of Trade was permitted to intervene as a plaintiff and the New York Central...
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This is an action brought by General Motors Corporation pursuant to Title 49 U.S.C.A. § 17(9) to set aside certain Orders of the Interstate Commerce Commission and to enjoin the enforcement of such Orders. Jurisdiction is based on 28 U.S.C. § 1336 and venue on 28 U.S.C. § 1398.
On March 5, 1959, plaintiff, a corporation engaged in the manufacture and sale of new automobiles, filed a complaint with...
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Pioneer Industrial Park, a 340 acre plot of undeveloped farm land situated northwest of Peoria, Illinois, was purchased by the Peoria Industrial Enterprises, Inc., and dedicated by it in September of 1959 for the purpose of attracting new industry to the vicinity of Peoria. Thus far, three businesses have built plants within the Park. In the southeast portion of the Park is the new plant of the...
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This matter is before a three-judge court on a complaint to set aside an order of the Interstate Commerce Commission denying the application of plaintiff, a common carrier by motor vehicle with its principal place of business in Philadelphia, Pennsylvania, for a certificate of public convenience and necessity under § 207(a) of the Interstate Commerce Act, 49 U.S.C.A. § 307(a), and to grant the ...
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The above cases were heard by the Court, jury trial having been waived. The evidence discloses that Pioneer Motor Service, Inc., hereinafter called “Pioneer”, is a common carrier of property by motor vehicle in interstate commerce and was such on, and before, the 19th day of October, 1959. As a common carrier it was under the jurisdiction of, and subject to regulations by, the Interstate Commerce ...
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These three cases having come on for hearing on January 5, 1962, upon the plaintiffs’ motions for preliminary injunctions and each of the plaintiffs and defendants being represented by counsel, the Court having heard testimony and argument, all parties having stipulated that the evidence and argument might be considered by the Court in each of these cases in connection with the granting or deni...
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This action is brought under 49 U.S. C.A. § 17(9) and § 305(g) and 5 U.S.C.A. § 1001 et seq., to set aside and annul an order of the Interstate Commerce Commission entered on June 19, 1961, in Docket No. MC-F-7554, Gordons Transports, Inc., Purchase (Portion) Hayes Freight Lines, Inc. That order granted finally the joint application under 49 U.S.C.A. § 5 of Gordons Transports, Inc., and Hayes Frei...
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In the first place I want to review briefly, if I may, the background of this litigation. The plaintiff, the Crawford Transport Company, has been in business since 1931. During that time its principal patron was Chrysler Corporation and Chrysler Motors. It was a common carrier with rights which it has acquired over some five states, including part of Kentucky, West Virginia, North Carolina, Georgi...
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This is a civil action brought under the provisions of 28 U.S.C. §§ 1336, 1398, 2284, 2321-2325 and 5 U.S.C. § 1009, to enjoin, annul and set aside orders of the defendant, Interstate Commerce Commission (hereinafter referred to as the Commission), entered in Docket No. MCC-1919, United Transports, Inc. v. Gulf Southwestern Transportation Company, and to compel action by the Commission alleged to ...
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This is an action by Riss and Company, a licensed interstate common carrier, against the United States to recover transportation charges allegedly incurred by the United States in the principal sum of $88,991.54. The defendant United States in its answer admits its liability for transportation charges in the principal sum of $88,-076.48, denying the correctness of certain of the charges.
*793Unite...
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This is an action by plaintiffs1 against the original defendants2 to supend, enjoin, set aside and annul that portion of a decision and order of the Interstate Commerce Commission, dated June 15, 1961, 314 I.C.C. 149, in proceedings entitled Investigation and Suspension Docket No. 6074, Iron Ore from Eastern Ports to Central Freight Association Points, and Investigation and Suspension Docket No. 6...
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This action to set aside and annul an order of Division 1 of the Interstate Commerce Commission came on for hearing on June 12, 1962, before this statutory three-judge United States District Court upon the plaintiffs’ complaint and the defendants’ answer thereto. The court heard the oral arguments of counsel for the respective parties, and has considered said arguments and the written briefs of co...
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FINDINGS OF FACT 1. This is a criminal: action, instituted by Information under the provisions of Part II of the Interstate Commerce Act (49 U.S.C.A. § 322(a) and 18 U.S.C.A. § 3231 and § 3237), charging the defendant corporation in ten counts with knowingly and wilfully engaging' in interstate commerce as a common carrier by motor vehicle without a certificate of convenience or necessity. 2. Defe...
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This suit is brought to set aside alleged actions of the Interstate Commerce Commission taken on February 8, 1962, and March 23, 1962, respectively. This Court has jurisdiction by virtue of the provisions under 28 U.S.C. §§ 2282 and 2284. The case had its inception on November 29, 1960, when the defendant, The Pennsylvania Railroad Company (hereinafter called Pennsylvania) filed before the Pe...
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Brought under 28 U.S.C.A. §§ 1336, 1398, 2284, and 2321 to 2325, inclusive; 49 U.S.C.A. §§ 17(9), 305(g) and 305(h), and 5 U.S.C.A. § 1009, this action, to set aside and annul orders of the Interstate Commerce Commission, dated October 7, 1957, and May 17, 1961, entered in a consolidated proceeding embracing docket numbers MC-C-188, B & M Express, Inc.; et al. v. Bowman Transportation, Inc., an...
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This cause having come on for trial by the Court, Raymond A. Cunningham, Attorney for Plaintiff, Interstate Commerce Commission and Laurence I. Hollander, Attorney for Defendants and the Court having duly considered the complaint of the Plaintiff, answer by Defendant, stipulations filed with the Court, the evidence and the representations of fact of the parties hereto, the Court now makes and ente...
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McKenzie Tank Lines, Inc., plaintiff here, originally filed two separate applications before the Interstate Commerce Commission under Title 49, United States Code, section 306, for certificate of public convenience and necessity: (1) to transport crude tall oil from Foley, Florida and Clyatfcville, Georgia to Bay Minette, Alabama and pulpmill' liquid from Clyatt-ville to Bay Minette; and (2) to tr...
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Two wrongful death actions, one in behalf of the next of kin of Alexander Kiss, deceased, and one in behalf of the next of kin of Mikles Kmetty, which arose out of the crash of one of defendant’s planes in Chicago on September 1, 1961, were commenced by the Public Administrator of Queens County, New York, in the New York State Supreme Court, Queens County, were consolidated and thereafter were ...
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In this action, plaintiff P. Saldutti & Son, Inc. (“Saldutti”), seeks to set aside an order of the Interstate Commerce Commission (“Commission”), which order determined that Saldutti’s contract carrier permit should be revoked and a common carrier certificate issued in lieu thereof, and also delineated the scope of Saldutti’s operating authority as a common carrier under said certificate.
...
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This case having come on for hearing this day upon the plaintiff’s motion for a preliminary injunction, and the plaintiff and each of the defendants being represented by counsel, the court having received evidence and heard argument upon the motion, and all parties having stipulated that the evidence and argument might be considered by the Court in connection with the granting or denial of permane...
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This is a suit under the provisions of Title 28 U.S.C. §§ 1336, 1398, 2321-2325, and Title 5 U.S.C. § 1009, to set aside an order of the Interstate Commerce Commission, hereinafter Commission, dated July 20, 1961, which denied an application by Yale Transport Corp., hereinafter plaintiff, filed under section 207 of the Interstate Commerce Act, 49 U.S.C. § 307, for a certificate of public convenie...
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During the course of an investigation of the passenger car automobile industry by the Grand Jury in the Southern District of New York, General Motors Corporation produced certain of its voluminous financial and accounting manuals pursuant to a subpoena duces tecum dated March 19, 1961. On April 6, 1962, after a sufficient showing of the highly confidential nature of these financial documents was m...
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The plaintiffs are competing rail carriers which serve, among other areas, the territory between Florida and Virginia. Prior to September 24, 1960, the plaintiffs’ carload rate for hauling phosphate rock from Florida points to Norfolk, Virginia, and nearby points, was $5.36 per ton. The plaintiffs published a tariff to become effective on September 24, 1960, of $4.75 on such shipments. Protests...
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This is an appeal from an order of the Interstate Commerce Commission denying the application of the plaintiff to remove certain restrictions from its previously granted certificates of public convenience and necessity to transport general commodities between certain points in Montana and between Williston, North Dakota and certain points in Montana.
Statutory jurisdiction is established.
The plai...
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' This is an appeal from an Order of the Interstate Commerce Commission denying the application of the plaintiff for alternate route authority to transport general commodities between certain points in Montana.1
Statutory jurisdiction is established. The plaintiff is a northern transcontinental railroad operating generally from St. Paul, Minnesota through Montana, to Seattle and Tacoma, Washington...
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This is an appeal from an Order of the Interstate Commerce Commission granting motor vehicle operating rights to transport general commodities in Montana to Hart Motor Express, Inc., the intervening defendant.
1
Statutory jurisdiction is established.
The plaintiff is a northern transcontinental railroad operating generally from St. Paul, Minnesota through Montana, to Seattle a...
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This is an action pending before a Three Judge Court convened pursuant to 28 U.S.C. §§ 2281-2284 and 2321-2325. The case seeks injunctive relief restraining the enforcement, operation or execution of an order of the Interstate Commerce Commission and calls for an interpretation of a provision of the Interstate Commerce Act,
1
as amended by Section 7 of the Transportation Act of 1958....
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William N. Feinstein & Co., Inc.,1 files this suit to review, set aside and annul a *616decision of the Interstate Commerce Commission (5 U.S.C.A. §§ 1001-1011, 49 U.S.C.A. § 17(9) and 28 U.S.C. § 1398 and 2321-2323). The challenged decision (William N. Feinstein & Co. v. New York Central Railroad Company, 313 ICC 783) found that certain charges exacted from plaintiff’s assignor by the New York Ce...
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Jurisdiction of this Court is predicated upon 49 U.S.C.A. § 305(b) and 305(h); 28 U.S.C.A. §§ 1336, 1398, 2284, 2321-2325. The case has been heard by a district court of three judges as required by 28 U.S.C.A. § 2325.1
Plaintiff, a motor carrier incorporated under the laws of Arkansas, has brought this action to enjoin enforcement of a certain order of the Interstate Commerce Commission served Aug...
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Page 4801
This cause having come on for consideration by the court, upon complaint of the plaintiff and upon the subjoined consent of the defendants, The Nelson Cooperative Marketing Association, hereafter referred to as “Nelson Cooperative,” a corporation, Edward L. Neugebauer, T. D. Nelson, and G. C. Nelson, the court, upon consideration of the said pleadings and the representations of facts of the partie...
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Plaintiffs move under Rule 12(f), F.R. Civ.P., to strike certain matter from defendant’s (“TWA”) answer; defendant cross-moves for summary judgment pursuant to Rule 56.
*852
Plaintiffs seek to recover for the value of certain jewelry which they allege that they, as owners, delivered into the custody of defendant airlines and which has not been returned to them.
Neither the mo...
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This is an action to review and annul two orders of the Interstai^ Commerce Commission entered on May 12 and December 26, 1961, in its Docket No. MC-11,9049, granting T.E.K. Van Lines, Inc.’s application of July 10, 1959, under § 207 of the Interstate Commerce Act [49 U.S.C.A. § 307], to operate as a common carrier by motor vehicle over irregular routes in the transportation of “household goods...
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208 F.Supp. 388 (1962)
J. W. WALKER, Plaintiff,
v.
UNITED STATES of America, Interstate Commerce Commission, Central Freight Lines, Inc., and W. W. Callan, Defendants.
Civ. A. No. 2864.
United States District Court W. D. Texas, San Antonio Division.
August 10, 1962.
*389 Maynard F. Robinson, Moursund, Ball & Bergstrom, W. B. Jack Ball, Henry W. Moursund, San Antonio, Tex., Dan Felts, J. Malco...
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This is a civil action brought under the provisions of Sections 1336, 1398, 2321-2325 of Title 28 U.S.C., to set aside and annul orders of the Interstate Commerce Commission (Commission) entered in Docket No. MC-FC-63432, Stevens Express, Inc., Transferee, and S. & C.. Transport Co., Inc., Transferor, and Docket No. MC-FC-63698, Stevens Express, Inc., Transferee, and Spencer Bros., Inc., Transfero...
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This action is brought by Pan American World Airways, Inc., an air carrier, against the members of the Civil Aeronautics Board, for a declaratory judgment adjudicating that the Board lacks authority to terminate a certificate of public convenience and necessity, which authorized the plaintiff to engage in air transportation between Seattle, Washington, and Fairbanks, Alaska. The plaintiff also ...
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This action was brought under 28 U. S.C.A. §§ 1336, 2284, and 2321-2325 by the St. Louis-San Francisco Railway Company and six other railroads as plaintiffs (hereinafter referred to collectively as “Railroads”) to set aside and enjoin a rate order of the Interstate Commerce Commission (hereinafter referred to as the ICC or “Commission”), dated May 5, 1961, reported as Cigars from Jacksonville to K...
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After proceedings duly had, pursuant to Section 13a(2) of the Interstate Commerce Act (72 Stat. 571, 49 U.S.C.A. § 13a(2), the Interstate Commerce Commission made and filed its report and order approving in effect the discontinuance by Southern Pacific Company of certain passenger trains, to wit, “El Doi*ado” (San Francisco to Sacramento) and “West Coast” (Los Angeles to Sacramento). The Public Ut...
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This is a suit brought under the provisions of Title 28, Sections 2321-2325, inclusive, U.S.C., to set aside and annul a report and order of the Interstate Commerce Commission. Motion for a temporary restraining order was granted on the 1st day of February 1962. The action was heard by a statutory three-judge court under the provisions of Section 2325, on June 1, 1962, after which hearing the temp...
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This action was brought by the United States of America and the Interstate Commerce Commission against three carriers, Continental Southern Lines, Inc., the Greyhound Corporation, and Illinois Central Railroad Company. The City of Jackson, Mississippi, and its officials were also made defendants.
*47
The amended complaint questions the right of the carriers to use any facility whi...
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This is an appeal from a decision of the Interstate Commerce Commission, herein referred to as the “Commission.”
After the filing of the complaint herein, J. B. Montgomery, Inc., an Iowa corporation, succeeded to the interests of the original plaintiff, J. B. Montgomery, Inc., a Nebraska corporation, and the former has been substituted as plaintiff herein. Both will be referred to herein a...
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This suit is brought pursuant to Title 49 U.S.C.A. § 17(9), and Title 28 U.S.C. § 2321 et seq. to set aside that portion of an order of the Interstate Commerce Commission which permitted the Savannah & Atlanta Railroad Company (hereinafter referred to as the S. & A.) to abandon its line of railroad between Sylvania, Georgia and Waynesboro, Georgia.
On September 2, 1959, the S. & A. filed an applic...
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This action was brought by Baggett Transportation Company under 28 U.S. C.A. §§ 2321-2325, to enjoin, annul and set aside certain orders of the Interstate Commerce Commission issued in Baggett Transportation Company Purchase — Hunt Freight Lines, Inc., Docket No. Mc-F-6034. The question presented is whether the Commission had the power after issuing a certificate of convenience and necessity on Au...
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This diversity action poses the classic problem of a dispute between a mortgagee of certain goods and the purchaser of these goods at retail from the insolvent mortgagor.
In April 1960, defendant, Pezzani & Reid Company, a Michigan corporation, ordered a new airplane from the now bankrupt Air-O-Fleet Corporation, a Michigan retailer of airplanes. The defendant paid on account a sum in cash...
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This is an action brought under 28 U.S.C.A. §§ 1336, 1398, and 2321-2325 by plaintiffs, Atlantic Coast Line Railroad Company, Louisville and Nashville Railroad Company, and Georgia Rail Road & Banking Company, operated as Georgia Railroad by its lessees, Atlantic Coast Line Railroad Company and Louisville and Nashville Railroad Company against the United States to annul and set aside a report a...
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Plaintiffs seek to set aside and annul a decision of the Interstate Commerce Commission
*593
1
2**approving a tariff published by the Western Freight Association, a freight forwarder, in which reduced rates were set out for freight shipments of 20,000-30,000 pounds moving from the area called Official Territory (generally the territory East of the Mississippi River and North...
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These actions, having been consolidated by order on pretrial hearing entered January 15,1962, were tried to the court, without the intervention of a jury, from April 23, 1962, through May 2, 1962, on a mass of documentary evidence and oral testimony.
The common threads which run through these cases are the paramount questions of what rentals must be charged and collected by Southern from tenants a...
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205 F. Supp. 831 (1962)
RAILWAY EXPRESS AGENCY, INC., Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
United Parcel Service, Inc., Intervening Defendant.
United States District Court S. D. New York.
June 1, 1962.
*832 *833 William Q. Keenan, New Haven, Conn., John H. Engel, New York City, for plaintiff.
John F. X. Peloso, Atty., New York City (Robert M. ...
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This suit calls on us to review an order of the Interstate Commerce Commission dealing with the competing claims of rail carriers and barge lines as to the appropriate charges for the shipment of pig .iron from Neville Island (in the vicinity of Pittsburgh, Pennsylvania) to Louisville, Kentucky.1 The rate concerns shipments by one producer, Pittsburgh Coke and Chemical Company, to one purchaser, t...
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By the Act of August 12, 1958 (72 Stat. 571, 49 U.S.C. § 13a(2)), Congress has provided that if an agency of a State ■denies the application of a carrier for au-thority to discontinue the operation of a train within the State, the carrier may petition the Interstate Commerce Commission for authority to discontinue the operation. The Act provides that the Interstate Commerce Commission may authoriz...
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The plaintiffs — Boston and Maine Railroad and The New York, New Haven and Hartford Railroad Company — brought this action pursuant to 28 U.S.C. §§ 1336, 2284, 2321 and 2325, to set aside and enjoin enforcement of an order of the Interstate Commerce Commission, Investigation and Suspension Docket No. 6615, Equalization of Rates at North Atlantic Ports, 311 I.C.C. 689, denying a fourth-section a...
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The plaintiffs, common carriers of passengers in interstate commerce, by this action, seek orders setting aside and enjoining the enforcement of orders of the Interstate Commerce Commission, pursuant to which The Greyhound Corporation, an intervening defendant, operates its buses in, or through, the Charleston (South Carolina) Air Force Base for the purpose of picking up and discharging interstate...
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Page 4827
This suit, instituted by plaintiff, Chicago and North Western Railway Company, against Peoria and Pekin Union Railway Company and other railroads, prays relief by declaratory judgment. Plaintiff has now moved for summary judgment in its favor upon its complaint, as amended. The nature of the case and the scope of plaintiff’s position that it is entitled to summary judgment necessitates a rather th...
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This is an action brought under the provisions of 49 U.S.C.A. § 17(9) and 28 U.S.C. § 2323 to review an order of the Interstate Commerce Commission issued March 30, 1961, authorizing the Fort Dodge, Des Moines & Southern Railway Company to abandon a small branch line.
On March 28, 1960, the Fort Dodge, Des Moines & Southern Railway Company filed with the Interstate Commerce Commission an a...
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The United States of America, as authorized by Title 49 U.S.C.A. § 1487, brings this action seeking to have this Court restrain the defendants from violations of Title 49 U.S.C.A. § 1374(b) and to remove and prevent an unlawful and unconstitutional burden upon and interference with interstate and foreign commerce. The suit is directed toward the maintenance and operation of Dannelly Field, a pu...
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This Court was convened to hear and determine the merits of plaintiffs’ claim that three Orders of the Interstate Commerce Commission (hereinafter called “Commission”) should be enjoined, set aside and annulled. The first of the Orders was dated October 5, 1960, and granted a certificate of public convenience and necessity to Capitol Bus Company (hereinafter called “Capitol”) authorizing it to ope...
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The New York Central Railroad (the Railroad) brings this action to set aside Service Order No. 938 of the Interstate Commerce Commission (the Commission) which annulled Embargo No. 164
*959
issued by the Railroad. The Railroad through this embargo had announced to the public that it would no longer accept interstate less-than-carload (LCL) shipments of less than trap or ferry car q...
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This case involves an application for injunction wherein plaintiff, a common carrier by motor vehicles, operating in interstate commerce, under certificates of public convenience and necessity issued by the Interstate Commerce Commission (herein called the Commission) seeks a permanent injunction against enforcement by defendants of an order of the Commission dated April 10, 1961. This order was e...
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In this action for treble damages and injunctive relief under the antitrust laws, plaintiffs, the American Football League (AFL) and its members, charge defendants, the National Football League (NFL) and most of its members, with monopolization, attempted monopolization and conspiracy to monopolize major league professional football.
It is not disputed that all of the parties to the case a...
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Upon consideration of the pleadings, the stipulations, the evidence adduced upon trial, and the briefs of the parties, the Court makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
Jurisdiction; Parties; Assessment and Collection of Taxes;
Claims for Refund
1.
Plaintiff, United States Pipe & Foundry Company, is a New Jersey corpora*337tion having its principal office ...
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The above-entitled action came on for trial before the court, sitting without a jury, on December 13, 1961, the plaintiffs being represented by Bayley Kohlmeier, Esq., and the defendant being represented by Francis C. Whelan, United States Attorney, Robert H. Wyshak, Assistant United States Attorney, appearing. The attorneys filed a Stipulation of Facts and Amendment thereto, introduced as exhibit...
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This is an action by Gerald and Elizabeth Van Keppel, taxpayers, to recover an alleged overpayment of $32.38 plus interest on their 1956 joint income tax return. The Government has counterclaimed to collect an allegd deficiency of $183,850.40 plus interest. The case is presently under advisement for decision on its merits. The plaintiffs’ return, filed February 18, 1956 (Exhibit 1), claimed a d...
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205 F. Supp. 702 (1962)
STERN & CO., a corporation of the State of Pennsylvania, Plaintiff,
v.
STATE LOAN AND FINANCE CORPORATION, a corporation of the State of Delaware, Defendant.
Civ. A. No. 2429.
United States District Court D. Delaware, at Wilmington.
June 8, 1962.
*703 *704 E. N. Carpenter, II (Richards, Layton & Finger), Wilmington, Del., and W. Wilson White, and Bernard V. Lentz (...
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This is the second phase
1
of a long controversy involving an oil and gas lease covering a portion of the West Black Bay field in Plaquemines Parish, Louisiana. Though others are actively interested in the area, the particular dispute here concerns only the landowners and their lessee, the Humble Oil & Refining Company. The lessors want their property returned free of the lease, whic...
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Defendant, ' Union Corporation of America (hereinafter called Union), is organized and has its principal place of business in Missouri. Defendants Keaney, Gissy, Meinert, Dowling, Ciapciak, Gibbons and Lazarcheff were directors *519of the defendant Union at the time of the institution of these proceedings. On October 13, 1955, Union filed a registration statement with the Securities and Exchange C...
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This is an anti-trust action. The thirty-six franchise agreement licensees of Dairy Queen are suing for a declaratory judgment pursuant to Section 2201 of Title 28 U.S.C. Subsequent to *715 filing this action four additional parties asked and were granted leave to intervene as plaintiffs seeking also to have their franchise agreements declared invalid. The complaint contains four counts, each a...
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This is a private antitrust action. Plaintiff, Philip Klein is a citizen of Delaware, operating two retail sales outlets in the vicinity of Wilmington, Delaware, under the name Phil’s Distributors. One of these is within Wilmington, the other beyond the city limits.
1
Defendant, American Luggage Works, Inc. (hereinafter termed the manufacturer or American), is a Rhode Island corporat...
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This is a suit by the United States-instituted against Raley Contracting Company, incorporated 1 to collect taxes,, admittedly owing by W. L. Wells. Plaintiff attempts enforcement of a lien it. claims by reason of levies made against. Raley to subject to payment of said taxes debts plaintiff claims were payable byRaley to Wells. Against plaintiff’s claims the assertion is made that Raley owed W...
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ORDER DISMISSING ACTION, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND GRANTING SUMMARY JUDGMENT FOR DEFENDANT
I. PRELIMINARY MATTERS This is an action brought by plaintiff union against defendant employer under Section 301 of the Labor Management Relations Act, 29 U.S.C.A. § 185. The complaint alleges that on or about October 12, 1959, the parties entered into a written collective ...
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The government, relying on § 1444 of Title 28, U.S.C., removed this case from the Supreme Court of the State of New York and now moves to dismiss itself as a party defendant; for permission to intervene as a party plaintiff and for an order enjoining the interpleaded defendant, Newhouse Galleries, Inc., from proceeding in any other action but this one.
The Supreme Court action had its beginnings i...
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This case is before me on defendant’s motion, pursuant to Rule 41(e), to suppress evidence and an alleged confession.
D’Alessandro, a special agent of the Intelligence Division of the Internal Revenue Service on April 5, 1962 made before United States Commissioner (1) an application to search the premises of Leaders Grocery, 74 Second St., Chelsea, and (2) a complaint that Jane Doe had vio...
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On the settlement of the judgment of foreclosure and sale, defendant, United States of America, objects to the provision of a proposed judgment directing the Master as follows: “Second: He shall pay the taxes, water rates and assessments, with interest and penalties which become liens on said premises to the date of sale;” The objection is based on the claimed' priority of the judgment lien of the...
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The indictment in this case charges that Stewart B. Hopps (Hopps) and his son Robert, as part of a scheme to defraud,
1
knowingly caused to be delivered by mail to addressees in Maryland in February 1958, a brochure which falsely represented the financial condition of International Guaranty and Insurance Company (International), a corporation of Tangier, Morocco, which Hopps dominate...
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Thomas F. McBride, Esq., Special Attorney, United States Department of Justice, of Washington, D. C., has moved the Court to compel a witness, David Cohen, to produce certain personal records for examination by the Grand Jury and to supply details of certain transactions and events previously testified to by the witness when formerly under subpoena by the Grand Jury. The Grand Jury, impaneled on F...
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Defendants have moved for summary judgment dismissing the suit of the plaintiff grade school children (suing by their parents as next friends) for an injunction against defendants’ alleged maintenance of racially segregated public grade schools and their alleged restriction of Negro children to attendance at them and defendants’ alleged denial to Negro children of equal access with white children...
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This is an action filed pursuant to 42 U.S.C.A. § 405(g), for judicial review of a final decision of the Secretary of Health, Education and Welfare. The issue presented to the Hearing Examiner was whether the claimant is entitled to child’s insurance benefits on behalf of minor children under the provision of Section 402(d) of the Social Security Act. His deceased wife was the wage earner. The chi...
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The action herein is the aftermath of the sale by the defendants, Preston W. Marble, et al., of the corporate stock of Motor Imports Corporation, to the plaintiff, Renault, Inc., for a total purchase price of $120,000.00. Plaintiff seeks reimbursement for state and federal income taxes paid by the corporation soon after the sale. These taxes were for the fiscal year ending June 30, 1959; the stock...
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This suit was brought individually and as a class action to terminate a policy of racial segregation in the public schools within the Fort Worth Independent School District. The plaintiffs were Sergeant Weirleis Flax, as next friend for his six year old daughter, Arlene, and Herbert Teal, as next friend for the six of his minor children of school age named in the complaint. It was alleged that ...
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Plaintiffs, now supported by 101 additional intervenors, petition this court for further relief in this long pending litigation. 1 The further relief requested is: based on plaintiffs’ allegations that the defendant, Orleans Parish School Board, has not complied with this court’s order of May 16, 1960, with respect to desegregation of the public schools of New Orleans. In addition, they maintai...
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The plaintiff City holds in its general fund a sum of money which the defendant has demanded be paid over to the County. The City refused this demand and filed a complaint seeking a declaration of the respective rights of the parties under Section 13 of the Tennessee Valley Authority Act.1 The defendant *796County has now also asked for a declaration of the rights of the parties, and similar contr...
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Defendants, Yarchin, Cohen and The Griswold Corporation, were indicted on counts two (2) and three (3) of a three count indictment. The first count, not applicable to them, charges Frank Romano and three alleged associates with violation of § 5601(a) (1) of the Internal Revenue Code, 26 U.S.C.A. Counts two (2) and three (3) charge these defendants with violation of § 5601(a) (8) of the Internal R...
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Presented here is an action for damages arising from an alleged breach of contract involving professional accounting services. It is brought by T. O. Bancroft, president of Bancroft Bag Factory, Inc., and his wife, of Monroe, Louisiana, against the professional liability insurer of a firm of Certified Public Accountants practicing in Monroe.
1
The facts forming the basis of the sui...
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The above entitled civil action having come on for trial on April 18, 1961, and after due consideration of the pleadings, evidence, exhibits, and briefs of counsel, the Court now enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1) This is a civil action brought to recover income taxes, penalty under Section 294(d) (2), Internal Revenue Code of 1939, 26 U.S.C.A. § 294(...
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This action to recover $16,500. alleged to be due on a note was instituted in August 1949 and is now before the court on plaintiff’s Motion To Review Taxation of Costs by the Clerk. The defendant filed a counterclaim, seeking recovery of over $150,000. based on transactions taking place in 1949 and prior years, less the amount found to be due on the claims stated in the Complaint. After many conti...
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The present adjudication is upon the motion of the United States under Rule 56, 28 U.S.C., for summary judgment to dismiss the plaintiff’s Complaint. The Complaint is against the United States of America and therein the complainant recites the following: That on January 30, 1959, in the District Court for the Middle District of Georgia, he was found guilty of two counts of violating the Dyer Act. ...
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In this case the court is called upon to construe the terms and conditions of liability insurance policies issued by plaintiff to defendant and to adjudge the method of computing the amount of the unpaid premium claimed to be due the insurer. Plaintiff seeks to recover the sum of $41,555.80, which it alleges is the *414premium due for the policies which were issued effective June 23, 1959, and can...
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The defendant, an admitted gambler, stands indicted for perjury under three counts wherein it is alleged that defendant did, on or about May 3, 1961, after being placed under oath before a grand jury, unlawfully, knowingly and’ wilfully, contrary to said oath, state material matter which defendant did not believe to be true. The indictment charges that the grand jury was conducting an investigatio...
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Plaintiff, a minority stockholder in Georgia-Pacific Corporation (G-P) brought this derivative action on behalf of the corporation against its board of directors and Mr. Jack Brandis, one of its officers.
1
Plaintiff seeks the cancellation of a stock option granted Brandis and an accounting on a joint venture between G-P and a group of corporations controlled by Brandis. This venture...
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The Tulane University of Louisiana, which now
1
regards itself as a “private” institution, refuses to admit qualified Negro applicants solely because of their race. A special Louisiana statute, Act 43 of 1884, LSA-R.S. Tit. 17, c. 6 note, enshrined in the state constitution, La.Const.1921, Art. 12, § 24, LSA,
2
apparently requires this discrimination.
3
But that...
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This case is here for decision on the merits of plaintiff’s action to enjoin defendant from deporting him to Italy.
1
*882
When the case was here earlier the Court sustained plaintiff’s claim that he had been deprived of the privilege of being represented before the Board of Immigration Appeals by counsel of his choosing. 189 F.Supp.
449.
Accordingly, without re...
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STATEMENT OF CASE Mrs. Marie Couch and Mrs. Eva Broom, each as petitioners, filed a proceeding in nature of mandamus under the Federal Rules of Civil Procedure, Rules 69(a), 81(b), 28 U.S.C.A., against the City of Villa Rica, Georgia, a municipal corporation, and named persons as the mayor and council of the city. Thereafter, petitioners amended, adding certain named tax assessors for the munici...
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■ The plaintiff, Ambros, Inc., a Guam corporation, brought this action against the defendant for recovery of gross re*935ceipts taxes paid to the defendant as Acting Commissioner of Revenue and Taxation of the government of Guam. This Court has jurisdiction under the Organic Act of Guam and Section 19508 of the Government Code of Guam, which permits an action in the District Court for the refund o...
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The petitioner brings this action apparently under Section 2255, Title 28, U.S.C.A., seeking to vacate, a judgment entered by this Court against him on December 11, 1961, in Criminal Action No. 10,212, United States vs. Shelley W. Moore.
The indictment in the criminal action contained three counts charging the defendant respectively, first, with selling marihuana in violation of Section 4742 *622(...
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This is a suit for tax refund for certain payments of transportation tax brought by the proprietor of a sightseeing tour. Involved are two payments in 1957 and four in 1958, amounting, with certain penalties and interest, to a total claim of $1,465.80. This Court has jurisdiction of the parties and subject matter under 28 U.S.C. § 1346(a) (1). It is claimed by the Government that the tax was due u...
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In this action, which was brought by the plaintiff to obtain a tax refund, both parties have moved for summary judg *774 ment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C. The essential facts of the case have been stipulated to by the parties and are not in 'dispute. The plaintiff is the transferee of United Cities Realty Corporation (hereinafter called United), a New...
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Defendant was indicted in a three-count indictment charging him with violations of 26 U.S.C.A. § 7206(1) in Count *605One, and 26 U.S.C.A. § 7206(5) (B) in Counts Two and Three, in that he willfully and knowingly filed false statements in writing, on three different dates, with officials of the Internal Revenue Service. After a plea of not guilty, defendant filed a motion for a bill of particulars...
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By a complaint filed in this court, the plaintiff corporation seeks to recover $22,943.81 paid to the government upon an assessment of a deficiency in corporation income taxes.
The government has set up a first defense, alleging that the total assessment against the plaintiff was $25,955.32, consisting of $22,943.81 deficiency in tax and $3,011.51 interest. Alleging that only $22,943.82 (o...
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The United States, seeking to foreclose its tax liens, filed this action against the taxpayer, Cutting & Trimming, Inc. It named as party defendants, Chittenden Trust Company, Rainbow Children’s Dress Co., and the State of Vermont. Defendant Rainbow Children’s Dress Co. went out of business sometime in 1961, and has entered no appearance in this action. The background facts essential to this parti...
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This case presents the question of whether or not the employees of the First National Exchange Bank of Roanoke (hereinafter called the Bank) are taxable upon portions of certain payments made by the Bank to itself as Trustee under a Profit-Sharing Plan, hereinafter called the Plan, adopted in 1957 as set forth in an indenture dated April 16, 1957, the Internal Revenue Service having, by letter da...
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This case involves an installment sale transaction out of which developed taxpayer’s claim for the refund of income taxes allegedly erroneously and illegally assessed and collected by defendant as a deficiency income tax for the taxable year of 1958 in the sum of $1,136.50, including interest. Jurisdiction is conferred by Section 1346(a) (1) of Title 28 U.S.C. By order of the Court, upon stipulati...
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The taxpayer, Jefferson Lake Sulphur Company, sues for refund of income taxes. The Commissioner of Internal Revenue determined that for purposes of computing its depletion deduction Jefferson Lake should exclude from its gross income the royalty paid by Jefferson Lake to others on sulphur it mined for Texas Gulf Sulphur Company pursuant to a written contract between the two companies. We disagree,...
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The plaintiff instituted this action to recover income taxes, fraud penalties and interest allegedly due from the defendant for the years 1946, 1947, 1948 and 1957 totaling $23,977.78. The defendant does not dispute the amount claimed and concedes that the balances for the years 1948 and 1957 demanded by the plaintiff are due and owing and that the *532plaintiff is entitled to a judgment for the a...
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The Court has before it cross-motions for summary judgment filed by the parties to an income tax refund case. The motion of plaintiffs was filed and heard prior to the filing of the motion by the Government. The Government’s motion was accompanied by the filing of a brief. We will consider both motions in this memorandum. Each party to the controversy takes the position that there exists no genuin...
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This is a proceeding by the United States government under 26 U.S.C.A. §§ 7402-7403, and 28 U.S.C.A. §§ 1340, 1345 and 1396. The basic undisputed facts show that Peter Schmidt, Sr. (hereinafter referred to as “Senior”), died intestate on August 2, 1954, and that letters of administration were granted to Peter Schmidt, Jr. (hereinafter referred to as “Junior”), on March 22, 1955. An inventory filed...
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This action was instituted by the plaintiff to obtain a refund on income taxes and interest paid to the Director of Internal Revenue for the District of Idaho as a result of adjustments made in plaintiff’s 1953, 1955 and, 1956 income tax returns by the Internal Revenue Service. Jurisdiction is based on 28 U. S.C.A. § 1346(a) (1).
Plaintiff is a corporation, organized and existing under and by virt...
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This action was commenced pursuant to 28 U.S.C.A. § 1340. The plaintiff seeks to have an assessment for federal taxes declared null and void, to set aside the assessment, to abate the tax and enjoin the defendant, pendente lite. A temporary restraining order is in effect, enjoining the defendant from seizing the proceeds of a trust fund for the benefit of the plaintiff.
The defendant cross-moved f...
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This is an action brought by plaintiff, Lester 0. Cofield, for the recovery of $4,083.56, paid as taxes for the year, 1957. The answer to the question posed depends upon whether a property settlement in a divorce action resulted in a taxable transaction to the taxpayer with respect to the accumulated interest on a series of United States Government Bonds, Series “E”, which were set aside to the w...
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The plaintiff, hereinafter called “Taxpayer”, seeks judgment for income taxes erroneously assessed and collected, for its fiscal year ending January 31, 1960. The case is submitted upon stipulation of facts and briefs by counsel.
Taxpayer owns and operates a department store in Parkersburg, West Virginia, and, for accounting and income tax purposes, uses the accrual method and a fiscal year ending...
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Plaintiff company brings this action, pursuant to 28 U.S.C. § 1346(a) (1) and § 7422(a) of the Internal Revenue Code of 1954 [26 U.S.C. § 7422(a)], for a refund with interest of Federal income taxes paid for the period July 1, 1956, through December 31,1957, claiming that membership fees received by plaintiff during that period were improperly taxed as “income” by the Commissioner of Internal R...
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Cummins Diesel Sales of Oregon, Inc. (Cummins) and its principal officer and stockholder, Robert H. Wills, brought actions to recover taxes which they assert were unlawfully assessed and collected. The total amounts claimed are $33,301.71 for 1955 and $18,937.71 for 1956. The bases for the assessments are: (1) imposition of a penalty tax pursuant to Section 531 of the Internal Revenue Code of 1...
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This is a taxpayer’s suit for refund of income taxes paid for fiscal years 1951 and 1952. By agreement of the parties it is being decided on its merits on the record consisting of pleadings, affidavits, *85depositions and exhibits described in a joint stipulation.1
2The question presented is whether certain payments made to officers and members of crews of foreign vessels by a ship-repair yard to ...
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This is an action to recover income taxes paid on an asserted deficiency for the calendar year 1958. For many years prior to August 6, 1958, plaintiff Thomas R. Yandell was a co-partner with one Leslie Clarke in a business known as Clarke Publishing Company. This company was engaged in the advertising and publishing business in Portland, Oregon, and was primarily interested in the publication of n...
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This suit was filed by taxpayer, Henley W. Tate, for refund of income taxes in the amount of $7,499.14 for the tax year 1959. The case presents a very simple question — whether the sum of $14,000.00 paid by the taxpayer under an alimony and property settlement agreement, which was incorporated by the Court in a final decree, is taxable to him or to his wife under Title 26 U.S.C. Sec. 71(a) (c) an...
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This matter is before the Court upon the application of petitioners, partners of the Avila Meat Company, for an order directing the return of seized property and the suppression of evidence obtained by government revenue agents allegedly in violation of Section 7605(b) of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7605(b), as well as in violation of the Fourth and Fifth Amendments to the Un...
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The United States has brought a motion to determine the priority of liens upon certain funds now on deposit in the Registry of the Court.
On October 22, 1951, the United Aircraft Corporation commenced an action in this court against John and Helen Polydys and others to recover damages for losses alleged to have been caused by their fraud. In connection with that action, an attachment was made the ...
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Defendant was tried to a jury and found guilty on eight counts of an indictment charging conspiracy and attempted evasion of income taxes due from defendant personally and from several corporations under defendant’s control. His post-trial motions challenge the sufficiency of the indictment and the evidence, and assert various trial and procedural errors.
The facts, though somewhat complic...
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The United States sues to enforce liens filed against defendant Webster Record Corporation (Webster) for withholding and excise taxes assessed by the Commissioner of Internal Revenue between 1957 and 1960. At the time suit was commenced the balance remaining unpaid totalled $84,050.70, exclusive of interest. Bankers Trust Company (Bankers) and The Borden Chemical Company (Borden) are also named...
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Plaintiffs seek recovery of $5,715.23 in income taxes paid and allegedly erroneously assessed for the years 1952, 1954 and 1955. The assessment complained of resulted from the disallowance of deductions from gross income taken by plaintiffs for the sums they con *919 tributed in each of the three years to the church of which they are members. Plaintiffs contend that the deductions were lawful...
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This matter arises on Motion of the Government as defendant to dismiss the action of the plaintiffs upon tender by the defendant to the plaintiffs of the monies demanded in the complaint and further to dismiss the defendant’s counterclaim. At a conference by this court with Counsel on January 11th, 1962, the defendant stated that a letter had gone forward to the plaintiffs setting forth the Govern...
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These are cases brought by the taxpayers for the refund of certain taxes alleged to have been wrongfully assessed and collected. For convenience, the taxpayers will be referred to as plaintiff or simply taxpayer; Ruth W. Colton is present as the second party on a joint return. The defendants, Collectors of Internal Revenue, will be referred to as the Government. Jurisdiction under Titles 26 and 2...
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For some years before December 7, 1941, Dr. Hans Zimmerman was a naturopathic physician practicing his profession in Honolulu. At the outbreak of the war, he was immediately interned by the United States Army, and was thereafter shipped to the mainland United States where he settled in Chicago, Illinois.
Because, while in Honolulu, Dr. Zimmerman had had disagreements with the American Medical Asso...
Views: 1
This action was instituted by the plaintiffs in two counts under §§ 1340-1346 (a) (1) Title 28 U.S.C.A. against the defendant to recover the sum of $43,043.73 with interest thereon from July 29, 1959, as a refund of income taxes alleged to have been improperly and illegally collected by the defendant for the year 1954, and the sum of $7,759.54 with interest from July 29, 1959, as a refund of incom...
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This is an action to recover a refund for taxes paid for the year 1956. The Commissioner of Internal Revenue disallowed deductions claimed by plaintiff for travel expenses in connection with two separate trips. Plaintiff contends that travel expenses in the amount of $1,645.-77 incurred by him on a South American trip as a Commissioner of the Commission for International Relations and Trade of ...
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This is an action to recover a payment made after the filing of a federal tax lien under Sections 6321 and 6322 of Title 26 U.S.C.A. The facts as found are set forth hereafter and made a part of this opinion.
It is my opinion that plaintiff is entitled to recover in this action against Land Title Company, defendant. The taxpayer, John A. Allen, has defaulted and judgment has been entered against h...
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This is a suit brought by R. T. and Gertrude Woolsey and V. G. and Elouise M. Woolsey for the recovery of a total of $18,211.95, plus interest as provided by law, which was assessed and collected *326 from the Plaintiffs under the Internal Revenue laws of the United States for the taxable years 1955 through 1959. The case has been presented to the Court by written stipulations and admitted fa...
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In this action Plaintiffs T. R. Vardeman, Sr. and wife, Ruby Vardeman, and T. Richard Vardeman and wife, Marvis Vardeman, all of whom reside in Nacogdoches County, Texas, are seeking to recover individual income taxes and statutory interest thereon alleged to have been erroneously assessed against and collected from them for the years 1958 and 1959. After payment thereof timely claims for refund w...
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This suit was instituted by the plaintiff taxpayer to recover refund of taxes which it alleges the District Director of Internal Revenue erroneously assessed against it in holding that certain of its properties were sold on June 30,1957, for $1,200,000.00 to Delhi-Taylor Oil Corporation. The issue is whether the transfer by plaintiff of certain of its properties to Delhi-Taylor Oil Corporation ...
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This is a suit to recover from Defendant an over-payment of Federal Income Taxes collected from Plaintiffs for Plaintiffs’ taxable year ended December 31, 1955. The sole issue for determination is whether a lump sum distribution received by E. B. PEEBLES, JR., Plaintiff-employee, in August 1955, from the retirement plan of Waterman Steamship Corporation should be taxed as a long term capital gain ...
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The motion is one for a Bill of Particulars. The defendants are husband and wife charged in a five-count indictment with filing a false and fraudulent joint income tax return on behalf of themselves for the years 1955 through 1959 inclusive. Each count is in the familiar form used by the Government in this district for charges involving income tax evasion. There is simply set forth the figures of ...
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The estate of Charles E. Good, deceased, seeks a refund of income taxes plus interest for the year 1956. The Government filed a motion for summary judgment. The pertinent facts are undisputed. In 1952 and 1953, Charles E. Good received from his employer corporation certain salaries and expense reimbursements, which he included in his federal income tax returns for those years, and paid the appr...
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This action was instituted by Bennie J. Sevremes and Effie Sevremes, husband and wife, on November 15, 1960, seeking to recover the sum of $3,466.69 alleged to have been erroneously assessed *838as additional income tax due for the years 1955, 1956, and 1957. During the pendency of this action, Mr. Sevremes died and Mrs. Sevremes, executrix of his estate, was substituted as plaintiff in his stead....
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This Court, sitting without a jury, having heard all of the testimony, examined all the evidence, the indictment numbered 61 CR 260, the bill of particulars, the stipulations of the parties filed of record, and the written and oral arguments of counsel in this cause, upon request of the defendant, pursuant to rule 23(c), Federal Rules of Criminal Procedure, 18 U.S.C.A., hereby finds the following ...
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The individual defendants move for an order pursuant to Rule 21 of the Federal *133Rules of Civil Procedure, 28 U.S.C.A. dropping GUS HALL, BENJAMIN J. DAVIS, ELIZABETH GURLEY FLYNN and PHILIP BART as parties defendant to this action on the ground that the complaint fails to state a claim on which relief can be granted against them, and for a further order pursuant to Rule 12(f) to strike paragrap...
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Defendant moves to dismiss, essentially on jurisdictional grounds, plaintiff’s action, brought to cancel the purported lien on plaintiff’s realty of certain tax penalties alleged to have been illegally assessed against plaintiff under 26 U.S. C.A. § 6672. The defendant’s contention is that the United States has not consented to such a suit and that, moreover, since it is necessarily an action f...
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This is an action for the recovery of $22,324.59, plus interest, which is alleged by the taxpayer, Fine Realty, Inc., to be an overpayment of its income tax for the taxable year 1955.
The taxpayer filed its federal income tax return for 1955 showing taxable net income of $10,369.22 and a tax liability of $3,110.77, which it paid. In 1959, the Commissioner of Internal Revenue recomputed tax...
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The plaintiff, Security Finance and' Loan Company, is seeking recovery of $8,295.30, plus interest, paid by the plaintiff after deficiency assessment against it for the years 1955, 1956, and 1957.. The deficiency resulted from the disallowance by the Commissioner of Internal-Revenue of payments made by the plaintiff to its stockholders and their relatives, which were designated as interest and ...
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This is an action for refund of Federal income taxes for the years 1955, 1956, 1957 and 1958. The claims for refund are based on retirement income credits on the basis of alleged domicile in community property states during a period of more than ten years during income earning period. The plaintiff, Carl L. Stokes, is a retired Navy man, having served therein from his enlistment in 1923 until 1954...
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The plaintiffs, husband and wife, seek to recover amounts assessed by the Internal Revenue Service following their having claimed deductions for the tax year *3701956. The action arises under Title 28 U.S.C. § 1346 for the recovery of income taxes and interest alleged by the plaintiffs to have been wrongfully assessed against them. On their joint 1956 federal income tax return plaintiffs deducted ...
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The present action is brought by the taxpayer against the Government for the refund of certain taxes alleged to have been erroneously assessed and collected. The case was heard before this Court and the opposing parties submitted briefs. We shall quote from the brief of the Government the statement of facts which are not in dispute: “Taxpayers timely filed joint income tax returned for each of ...
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This suit for the recovery of corporate income taxes and interest thereon was originally before this Court as reported in Massey Motors, Inc. v. U. S., 156 F.Supp. 516 (S.D.Fla.1957); the facts of the case are fully set forth in the opinion therein reported and it would be superfluous to restate them here. The District Court having originally found for the plaintiff taxpayer, the Government succes...
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Page 5024
In each of these proceedings the Internal Revenue Service is seeking an order enforcing a summons of a special agent of the Service issued and served under the authority of Section 7604(b) Internal Revenue Code of 1954, 26 U.S.C.A. § 7604(b). The factual situations of the three are identical and, accordingly, they have been consolidated. On February 7, 1962, summonses were issued and served upo...
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This is an action by the Government seeking to reduce to judgment assessed tax claims against the Defendant. All of the facts are the subject of a stipulation. The only question is one of law, i. e., whether the action was timely filed. This in turn depends upon the construction to be given to certain waivers of the statute of limitations, all embodied in a series of offers in compromise made by t...
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Plaintiff, Miles S. Firnhaber, seeks to permanently enjoin defendants, Emil J. Nelson, District Director of the Internal Revenue Service, Milwaukee, Wisconsin, and the United States of America, from attempting the collection of federal income tax deficiencies assessed for plaintiff’s taxable year ending December 31, 1956. Jurisdiction is based on § 1340 of Title 28 U.S.C.A. and § 7421 of Title 26 ...
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The plaintiffs prepared and filed their income tax returns for the calendar year 1958 and availed themselves of the deductions allowed to the stockholders of a “small business corporation”, in accordance with the provisions of Sub-chapter “S”, §§ 1371-1377 of the Internal Revenue Code of 1954, as amended by the Technical Amendments Act of 1958, 26 U.S.C.A. §§ 1371-1377. It is their claim that The...
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On June 23, 1860 Richard DeVoto, special agent for the Internal Revenue Service issued a summons for defendant to appear at the Federal Building in Covington on July 5, 1960 to testify about the 1957 and 1958 tax returns of Henry and Freda Kottmyer and to bring with him all books and papers which he used in the preparation of the returns or which might explain the entries on them. The purpose o...
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By this action the plaintiff taxpayer, Thomas F. Moody, seeks to recover the sum of $16,730.40, plus interest, allegedly overpaid as income taxes for the year 1955. The alleged overpayment resulted from the disallowance of certain claimed deductions representing expenses of litigation incurred by the plaintiff during the year 1953. The case was submitted to this Court by both parties on an agreed ...
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Plaintiff has moved to enjoin the defendant, his agents or employees, from collecting a penalty assessment against plaintiff for certain withholding and social security taxes. The government cross moves to dismiss the complaint.
The District Director levied penalty assessments against plaintiff personally in the sum of $3,282.16. These assessments arose out of the failure of Patsy-Ann Children’s D...
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This case is before the Court on an agreed stipulation of facts. The plaintiff, Lottie A. Mappes, individually, and Ernest E. Mappes, executor of the estate of William G. Mappes, deceased, are suing to recover money paid to the Department of Internal Revenue under protest. Essentially the facts are that the decedent died on or about August 20, 1959, leaving as his sole and surviving heirs his wido...
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Cross-motions for summary judgment in this estate tax case, in which all the facts have been stipulated, present the questions whether
(1) $30,850 paid by the executors to Counsel for successfully contesting the will’s validity should have been allowed as deductible administration expenses; and
(2) $13,822.34 of interest accrued after date of death on income taxes due and unpaid on th...
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This is the latest of a series of cases presenting the question whether a remainder to charity, subject under given circumstances to invasion by a trustee for the benefit of a life tenant, is deductible under Section 2055 of the 1954 Code or 812(d) of the 1939 Code, 26 U.S.C.1
*956The facts have been stipulated and are as follows:
The plaintiffs are the executors of the will of John Philip Lane, w...
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This is a suit for refund of Federal Estate taxes averred by the plaintiffs and denied by the defendant to have been erroneously or illegally assessed and collected.
The facts were stipulated, argument had, and briefs were submitted, from which the Court makes the following
FINDINGS OF FACT
1. Gertrude McCormick died testate on January 24, 1953, a resident of Harrisburg, Pennsylv...
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Plaintiffs, co-executors of the estate of Mrs. Julia B. Heyburn, are seeking a refund of estate taxes paid as a result of a determination by the Commissioner of Internal Revenue that the value of certain shares of stock comprising part of Mrs. Heyburn’s gross estate was greater than the value at which they were reported in her estate tax return. The sole issue in this action, which is submitted...
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This is an action by plaintiff, as executrix of the estate of her late husband, Charles H. Speights, for refund of $4,-047.98 in estate taxes alleged to have been erroneously assessed against the estate and collected therefrom by the Commissioner of Internal Revenue. Shortly before his death, decedent transferred to his wife his interest in five life insurance policies on his life, of which she wa...
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This is an estate tax case, arising under the Internal Revenue Code of 1939. The plaintiffs, independent executors and independent executrix of the estate of *595Benjamin Samuel Hurwitz, have filed suit for a refund of estate tax, on the ground that the estate was entitled to, but was disallowed, a deduction for property previously taxed in the estate of decedent’s spouse, who predeceased him with...
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This is an action to recover federal estate taxes alleged to have been overpaid by the estate of Wallace Caswell, deceased. The basic issue, and the only one with which this Court is presently concerned, involves the inclusion in decedent’s gross estate of an alleged community property interest of decedent in a 160 acre ranch. Plaintiff and decedent were married in 1910 and were husband and wife a...
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Defendant moves to dismiss the third •count of a three count indictment upon the ground that said count fails to state an offense. This count purports to charge a violation of Section 7206(2) of Title 26 U.S. C. The pertinent portion of the section is as follows: “Any person who — * * * “(2) Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or i...
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This is a tax refund ease. Plaintiff seeks recovery of Federal estate taxes which he claims were erroneously assessed and paid. The amount sought to be recovered is $6,459.36. The facts which furnish the background of this controversy are simple. They are contained in the stipulation of facts filed herein, a copy of which is attached to this opinion. Plaintiff is the executor of the estate of Edwa...
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This is an action to recover fifty dollars paid by the plaintiff under protest in partial satisfaction of a cabaret excise tax assessment levied by the defendant in the amount of $8,922.41, plus a delinquency penalty of $1,917.07, plus interest in the amount of $760.76, amounting in aggregate to $11,600.24, for the third quarter of 1957 through the second quarter of 1959. The plaintiff filed a cla...
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The plaintiffs in the above styled actions seek to invoke the equity jurisdiction of this Court to restrain the District Director of Internal Revenue at Louisville, Kentucky, in the collection of wagering taxes which have been levied and assessed against them and for relief against liens imposed upon their property. The defendant filed motions to dismiss on the grounds that the Court lacked jur...
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This is a suit, tried to the Court without a jury, by a taxpayer against the United States to recover $12,000.00 deposited by taxpayer in escrow with defendant. The fund was deposited with defendant to enable taxpayer to sell her cafe business free of liens for cabaret taxes for the years 1953, 1954 and 1955 resulting from additional assessments, interest, statutory costs and lien fees totalling $...
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Plaintiff taxpayer and the Government each moves for summary judgment in its favor pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A. Upon these cross-motions, the basic issue raised is whether § 4061 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 4061, authorizes imposition of an excise tax on the initial sale in this country of foreign cars irrespective of whether such imported cars are used or n...
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In this action the plaintiff seeks a refund of the amount of penalties together *398with interest thereon alleged to have been erroneously and illegally assessed against and collected from him by the defendant as District Director of Internal Revenue for the District of Rhode Island.
The material facts were stipulated by the parties and may be summarized as follows:
The Jewel Box, Inc., a corporat...
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On December 14, 1961, this court issued a warrant for the search of premises known as 21212 Masonic Street, St. Clair Shores, Michigan, which premises were the residence of Edward Betz. The warrant was executed on the same day, and various articles including gambling paraphernalia were seized and removed from the premises. Betz, who now stands indicted for evasion of federal gambling taxes, has pe...
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This is an action brought by the taxpayer in which he alleges the invalidity of an assessment by the District Director of certain excise wagering tax deficiencies in the amount of $91,805.46 including penalties and interest. Further alleging that the “assessments were unlawful, arbitrary, capricious and wholly void for the reason that the Plaintiff was not engaged in the business of accepting wage...
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This is an action to recover $10,524.30 of federal transportation taxes paid by the plaintiff to the defendant for the period beginning October 1, 1954 and ending July 31, 1958.
Plaintiff filed excise tax returns reporting liability for transportation of property taxes assessed on May 23, 1958 and September 5, 1958, respectively, for periods and in amounts as follows:
Date Filed or Scheduled Perio...
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Petitioner is the owner and was in control of the premises at 438 South Fifth Avenue, Mt. Vernon, New York. He has moved pursuant to Fed.R.Crim.P. 41(e) for the return to him and the suppression as evidence against him of certain property seized at the premises. On May 8th, 1962 a search warrant for the premises was issued by the Commissioner based upon an affidavit executed by a Special Agent ...
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The trial of this non-jury tax refund case leaves two questions for decision. (1) The legality of the assessment and collection of interest upon the amount of a jeopardy tax assessment which included an item of interest computed to the date *2of such assessment. The collection of interest upon interest is the crux of this question. (2) The legal propriety of the assessment and collection of intere...
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The United States has moved for summary judgment in an action by it against Ethel Meyer, individually and as executrix of her husband’s estate, for $6,159.-09, plus interest. This amount is due on taxes assessed against Peter Meyer for the years 1945 and 1946. Notice of the tax assessments was given and demand made in 1946 and 1947 respectively, thereby giving rise to a “lien in favor of the Unite...
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This is an action by the executrices of taxpayer’s estate to recover an overpayment of taxes. The government has moved for summary judgment. The taxpayer remitted estimated tax for the year 1953, in the sum of $49,019.-82, as follows: March 1953 — $9,203.97; June 1953 — $27,611.89; September 1953 • —$9,203.96. Taxpayer filed her income tax return for 1953 on January 18, 1954?. and showed thereon a...
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This is an action brought by the Executors of the Estate of Gus T. Dodd, deceased, against the Government for refund of taxes. Plaintiffs contend that a certain fee of $25,000.00 paid by deceased in his lifetime was a deductible item, the Government does not agree. After many motions and hearings in the case it finally resolved itself down into a determination of these two questions. 1— Did the fe...
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The instant action was filed by the plaintiffs herein to recover federal income taxes assessed against them pursuant to the provisions of section 301(c) (1) of the Internal Revenue Code of 1954, 26 U.S.C. § 301(c) (1).
This court has jurisdiction of the matters involved by reason of the provisions of 28 U.S.C. § 1346(a) (1).
The basic facts have been stipulated and the matter was subm...
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This action was brought for a refund of certain federal income taxes for the years 1954, 1955, 1956, 1957 and 1958, in total amount of $20,524.51, which have been paid under protest by the *639plaintiff, Bank of Kimball, hereinafter referred to as “taxpayer.” Trial was had before the Court sitting without a jury. The ease is readily divisible into three issues, which we treat separately. I. EXISTE...
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The ultimate question to be determined is whether the defendants are guilty of criminal contempt in failing to comply with the order of this court of January 10, 1962, directing them to deliver to the United States Attorney, as custodian for the use of the grand jury, on or before 5 o’clock, Wednesday, January 17, 1962, the records, documents and papers enumerated in paragraphs 1 through 6, bot...
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Plaintiff seeks a refund of individual income taxes for the year 1952. She here makes a motion, and the government makes a cross motion, each for summary judgment pursuant to Rule 56, Fed.R.Civ.P., 28 U.S.C.A. In 1903 plaintiff and her husband executed a “reciprocal testament” in Frankfurt, Germany, where they then resided. Paragraph “2” thereof provided in material part: “We legate to each other ...
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This is the companion case to Hirschmann v. United States, D.C., 202 F.Supp. 722. Similar motions for summary judgment have been made here. Certain facts and conclusions of law relevant in the instant case have been stated in the other decision and will not now be repeated. The basic underlying facts, however, are as follows: Plaintiff Recha Hirschmann’s husband, Emil, died in 1939. His will was o...
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These cases, consolidated for purposes of trial, arise out of deficiency assessments paid by the plaintiffs on their federal income taxes for the calendar years 1956, 1957, and 1958, and for which plaintiffs now seek refunds. This court has jurisdiction under Title 28 U.S.C.A. § 1346. The following facts appear from the stipulations and evidence: Plaintiffs are all members of a limited partnership...
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I.
Petitioners’ Claim
The petitioners claim that their retained copies of federal income tax returns for the years 1955, 1956, 1957 and 1958, books and records, ledger sheets, cancelled checks, etc. for those years were obtained by Internal Revenue Agent Rehm and Special Agent Harman of the Intelligence Division of the Internal Revenue Bureau and that a Question and Answer (Q & A) statement of Cha...
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This is an action for the recovery of excess profits and income taxes for the year 1951 and for the years 1953 through 1955 in the amount of $5,317.96, plus interest. The questions presented are: 1. Whether the Charleston Chair Foundation qualified as a charitable or educational entity organized and operated exclusively for such purposes within the purview of Section 101(6) of the Internal Reve...
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1. This Court has jurisdiction of this section under the provisions of Section 1346(a) (1), Title 28 United States Code.
2. The plaintiffs were, and are now, citizens of the State of Ohio, residing at 6720 Lee Road, Westerville, Ohio, in the County of Franklin, Ohio.
3. (a) Prior to the year 1941, plaintiffs purchased
&%
Oriental Development Company Ltd. bonds due March 15,...
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This is a suit for the recovery of income taxes paid by the Estate of A. C. Skinner, Sr., for the short period January 1, 1955, to April 2, 1955. A. C. Skinner, Jr., and Floyd C. Skinner, as Executors of the Estate of A. C. Skinner, Sr., seek the recovery of $4,048.25 with interest, said amount being an overpayment of taxes. The facts in this case reveal that A. C. Skinner, Sr., died on April 2, 1...
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This is an action for the recovery of income taxes in the amount of $32,870.10 paid by the taxpayers for the calendar year 1954, together with a penalty under § 294(d) (2), Internal Revenue Code of 1939, in the amount of $1,966.41 and statutory interests thereon. The taxes, penalty, and interest were paid pursuant to. a deficiency assessment and this action followed. The single issue presented is ...
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J. E. Craig Finance Company, Inc. of Lancaster, South Carolina, was during the times mentioned herein, and is now engaged in the small loan business. Until about March 1, 1956, it was primarily owned and operated by two elderly gentlemen. About the first of March, 1956, O. S. Porter, Jr., who had previously been a small stockholder in the company, and Allen Sapp undertook to purchase all of the st...
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This is an action by Joseph W. Drown for the refund of an alleged overpayment of Federal income tax for the year 1948. The suit is brought under § 7422 of the Internal Revenue Code of 1954, 26 U.S.C. § 7422, following the denial of plaintiff’s claim for refund by R. A. Riddell, District Director of Internal Revenue. Jurisdiction is based on § 1346(a) (1) of the Judicial Code, Title 28 U.S.C. Th...
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This matter is before the court for consideration of plaintiff’s application for preliminary injunction and defendants’ motions to dissolve the temporary restraining order issued herein and dismiss the complaint. The court concludes that plaintiff’s application for preliminary injunction should be granted and that defendants’ motions are not well taken and will therefore be denied. The complain...
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This is an action pursuant to § 1346 (a) (1), Title 28 U.S.C. for refund of taxes allegedly erroneously assessed and collected for the taxable year 1951. Plaintiff, W. J. Lazynski, Jr. (hereinafter referred to as taxpayer) and his wife, Erma Lazynski, seek the sum of $1629.11 with interest thereon in the amount of $488.77, for a total of $2117.88. In 1951 taxpayer was engaged in various constructi...
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The plaintiffs in each of the seven above-styled cases were partners, or the personal representatives of partners in the Harlan Fuel Company, a partnership engaged in mining, processing and selling coal at Yancey in Harlan County, Kentucky. The actions were brought for the recovery of additional taxes and interest paid by plaintiffs under deficiency assessments for the fiscal years 1953, 1954, and...
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A Special Agent of the Internal Revenue Service of the United States Treasury Department summoned Albert Myers to appear before him at a hearing for the purpose of taking his testimony relating to an alleged tax liability of Nathan Sherman. The summons was issued by the ■Special Agent under Section 7602 of the Internal Revenue Code of 1954 (26 U.S. •C.A. § 7602). The hearing was scheduled for Feb...
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Page 5119
The facts in the above entitled action show that Kernan Robson was a resident of California when he died on January 13, 1956. His will was admitted to probate in the Superior Court of California on February 6, 1956 and the Bank of America was appointed executor of the estate on that same day. The residue of decedent’s estate was left to the Bank of America as trustee, with directions to pay mon...
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These cases were consolidated for trial and were tried to the Court.
Briefly, the causes of action are as follows: The Tillotson Construction Company seeks a refund of $22,654.41, plus interest, representing income taxes for the calendar year 1953, 1954, and 1955, allegedly erroneously assessed and collected. The United States intervened in this action seeking to collect an unpaid assessme...
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In this action taxpayers seek to recover the sum of $64,000.00 which they allege is wrongfully withheld from them by the government. They contend that their remittances to the United States government in 1953 and 1954 did not amount to tax payments since no taxes were due nor had any tax assessments been made for the years 1952 and 1953. They conclude, therefore, that their claim for a refund is n...
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This is a suit for refund of income taxes paid by plaintiff corporation, Community T. V. Association of Havre. The sole issue is whether payments received by the plaintiff in 1955 ($34,737.88) and 1956 ($10,298.03) from “Class B” stockholders in return for the issuance of “Class B” stock, constituted ordinary tax
*271
able income under Section 61(a)
1
of the Internal Rev...
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The jurisdiction of this Court under 28 U.S.C. § 1340 is invoked by the plaintiff for a declaration that it has a lien prior to that of the United States of America for unpaid Internal Revenue taxes upon the proceeds of sale of certain motor vehicles covered by a chattel mortgage given to the plaintiff by the taxpayer to secure a loan from the plaintiff Bank.
The Court finds the following stipulat...
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This is an action for the recovery of alleged illegally collected taxes, with interest, for the year 1949. The amount involved is $18,574.51.
The question for determination is whether the taxpayers, who have kept their books on the accrual basis for the years 1947, 1948 and 1949, can file their income tax return for the year 1949 on the cash basis. In all prior years the tax returns were filed on ...
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This action is brought by the taxpayer corporation to recover the aggregate sum of $26,368.71, on account of Federal income taxes and interest for the fiscal years ending October 31, 1955, through October 31, 1958, which the taxpayer alleges to have been erroneously assessed and collected by the defendant. Plaintiff alleges that, on December 1, 1954, it purchased a parcel of real estate located at...
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This is an action by the United States of America (“the Government”) against the defendants Marvin and Samuel Rothenberg d/b/a Redhill Construction Co. (“Redhill”) and Belbee Construction Corp. (“Belbee”), to foreclose a lien in the sum of $9,850.18 for withholding taxes alleged to be due and owing from the defendant-taxpayer Mark Alpha Brickwork Co. Inc. (“the taxpayer”), a subcontractor.
Redhill...
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This is an action for the recovery of federal income taxes alleged to have been erroneously collected from plaintiff for its fiscal year ending October 31, 1955. The court has jurisdiction under § 1346, Title 28 U.S.C.A. The issue for decision by the court is whether plaintiff must recognize a taxable gain as a result of a “plan of reorganization” carried out on October 31, 1955, between plaint...
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This is an action for the recovery of income taxes paid for the years 1952, 1953 and 1954.
In the complaint filed April 10, 1959, plaintiff sought to recover the sum of $35,403.05, with interest. After the commencement of the action, and on April 1, 1960, plaintiff filed an amended complaint seeking recovery of $121,548.79, based on a claim of larger allowable additions to its bad debt reserve tha...
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The plaintiff, United States Gypsum Company, seeks a refund from the defendant, United States of America, of a portion of the federal income taxes, together with interest thereon, which it paid for the years'1952 and 1953. The plaintiff filed two actions in this court, concerning its claims for refunds for 1952 and 1953, respectively. The actions were consolidated for trial.
The court has jurisdic...
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Defendant, charged upon information with violation of the income tax laws (26 U.S.C. § 7203) for failure to file income tax returns for 1954 and 1955, seeks by a motion in the alternative for (a) a judgment of acquittal on the offenses charged in the information filed, or (b) an order discharging him from further prosecution for the alleged offense, or (c) an order dismissing the information with ...
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I. HISTORY OF THE CASE The defendants were jointly indicted by a Grand Jury on nine counts charging various acts of evading Federal income taxes. The case was tried before a jury. The trial lasted over fourteen days. The Government’s exhibits numbered more than 206 and the defendants’ exhibits were 31 in number. There were approximately 75 witnesses. The notes of testimony were not transcribed. Bo...
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This cause has been tried to the Court without a jury. The Court having considered the pleadings and the stipulations, having heard the evidence and having considered the behavior of the witnesses on the stand, their manner of testifying and the reasonableness and the probability of their testimony, hereby makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. Plaintiffs ...
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The plaintiff sues for a refund of income taxes alleged to have been erroneously or illegally assessed and collected. The issue to be determined is whether certain payments received by the plaintiff were payments received for a period *472during which he was absent from work on account of sickness, and excludable under the provision of a Section 105(d) of the Internal Revenue Code of 1954, 26 U.S....
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This is an action by Horace E. Nichols for a refund of income taxes for the year 1958 in the amount of $225.24. All necessary requirements of law essential to the filing of a suit in the District Court for the recovery of taxes have been fulfilled. Horace E. Nichols1 was a judge of the Court of Appeals of Georgia during the calendar year 1958, having served in such capacity since 1954. On January ...
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ORDER The Memorandum of Decision dated March 28, 1962, heretofore filed on March 29, 1962, is hereby withdrawn and the Memorandum of Decision filed contemporaneously herewith is substituted therefor nunc pro tunc as of March 29, 1962. MEMORANDUM OF DECISION On September 1, 1950, Nayan H. Warner (hereinafter referred to as the wife) and her husband, Lucien H. Warner (hereinafter referred to as the ...
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On May 11, 1961, the plaintiffs filed their complaint in the Chancery Court of Polk County, Arkansas, against the defendant corporation, seeking a judgment against the defendant for the sum of $18,178.14, and interest thereon, and for the foreclosure of a chattel mortgage executed by defendant to one C. C. Bell on March 4, 1959, and subsequently assigned by the said C. C. Bell to the plaintiffs.
T...
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The plaintiff, a Rhode Island corporation, seeks in this action to recover certain alleged overpayments of federal income taxes made by two predecessor corporations for the fiscal years ending June 30, 1949, June 30, 1950 and December 17, 1948. The motion is, in effect, one for partial summary judgment, since it seeks to have decided the last two counts and only a portion of the first count of the...
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Mildred Gayler Christian is an honest taxpayer. Disdaining to bargain with *156her government through compromise with the Commissioner of Internal Revenue, she comes into this court seeking a refund of income taxes paid in the years-1956, 1957 and 1958, asserting that, under the law, the taxes were either due or not due. The question presented is whether the taxpayer may claim as deductions expens...
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Barrett (an Inspector) and Garner (a Patrolman) with Mississippi Highway Patrol sue the United States for the recovery of income taxes collected on a deficiency assessment for 1959. The Patrol reimbursed Barrett in the amount of $1360 and reimbursed Garner in the amount of $1149 for their personal funds expended primarily for meals and in some part for stamps in the line of duty during the year. T...
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In this action plaintiffs seek to recover from the Government an alleged overpayment of income taxes for the year 1953 in the amount of $1,988.32. The facts in question are stipulated, being as follows: Taxpayers in the calendar year 1952 had a net operating loss. For 1953 they had a taxable income on the basis of which they paid the correct tax in the sum of $1,988.32. They did not then *913exerc...
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This matter came on for trial before the Court without a jury on November 20-21, 1961 on a complaint filed by plaintiff by which plaintiff seeks a refund on its corporate income taxes paid by it for the taxable years of 1956, 1957, and 1958. The sole issue in the case is whether certain amounts deducted by plaintiff as ordinary and necessary business expenses qualified as such and were “insurance ...
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Plaintiffs brought these actions (which were consolidated for trial) to recover income taxes which they assert were unlawfully assessed and collected for the year 1952. Specifically, they claim that the Commissioner of Internal Revenue erred in determining that the Park Plaza, Inc., was a collapsible corporation and hence the profit realized by plaintiffs from the sale of their stock was taxable ...
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This phase of a Chapter X Reorganization is another episode in the process of unravelling the tangles which Lowell Bir-rell left here when he departed for South America. In addition to difficult questions of fact, the present issue involves a difficult legal problem — since the Commonwealth of Pennsylvania and the United States of America are each seeking the same fund, part of the proceeds of a s...
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This is an action for the recovery of corporate income taxes alleged to have been erroneously assessed and collected from plaintiff’s assignor for the fiscal years ended March 31, 1954 and March 31, 1955.
The facts have been stipulated and disclose that plaintiff’s assignor, Lemley Motors, Inc., was incorporated under the laws of the State of New Jersey on July 10, 1953. During the taxable periods...
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This is a civil action arising under the Internal Revenue Code of 1939, §§ 22(a), 22(b) (3), 26 U.S.C.A. (I.R.C.1939) §§ 22(a), 22(b) (3). The Court has jurisdiction of the subject matter and of the parties to this action. 28 U.S.C. § 1346 (a) (1). The parties have agreed that the claim in question is for $61,482.58 together with interest from the 15th day of March, 1953, and the costs and disb...
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This is an action for the refund of certain income taxes assessed and collected, brought by Plaintiffs, husband and wife, who filed a joint return for the years here in issue, 1956 and 1957. Accepting the Government’s terminology, only the wife shall be referred to as taxpayer, since she alone is directly involved in the disputed situation. Apart from semantic difficulties in description, the fact...
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This is a civil action in which the United States seeks to enforce federal tax liens on a policy of life insurance upon the life of the taxpayer, Elmer Waxman. The beneficiary-assignee and the insurer have been joined and personally served. The Government seeks in addition a judgment for outstanding tax liabilities in the amount of $5,014.95 plus accrued interest. This case was heard on December 6...
Views: 1
The question in this case is whether a federal tax lien against Pennsylvania real estate is divested by a judicial sale of the property on the foreclosure of a mortgage recorded after the filing of the federal tax lien. The mortgage was thus junior to the tax lien. 1 The United States here is seeking to foreclose on the tax lien under 26 U.S.C. § 7403. The defendant bank 2 has moved to dism...
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This action was instituted approximately one month subsequent to the making, levying and assessing of jeopardy assessments against plaintiffs in the amount of $411,162.58 by the defendant District Director pursuant to Section 6861 of the Internal Revenue Code of 1954. It is the claim of plaintiffs, as set forth in their complaint, that said jeopardy assessments “constitute an illegal claim against...
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Plaintiff Frank K. Springer1 **is a policeman employed by the City of Portland. In 1954, Congress enacted Section 120, Internal Revenue Code of 1954, 26-U.S.C.A. § 120,2 which provided that gross income of a policeman would not include any amount up to $5.00 a day received as a statutory subsistence allowance.
This law became effective on January 1. -1955, and continued in effect until September 3...
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STATEMENT • The plaintiff, Peterson Produce Company, filed its complaint on August 17, 1961, seeking to recover the sum of $110,410.15 income tax paid for the taxable year ending August 31, 1956, by virtue of a net operating loss carryback to 1956 from the taxable year ending March 31, 1959. The plaintiff alleged that the disallowance of the said net operating loss carryback to the taxable year...
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Lavere C. Senft, Administrator of the Estate of Elmer J. Writer instituted his action for a refund of estate tax paid by the estate by reason of the disallowance of a claim of the estate that it was entitled to a “charitable deduction” from the gross estate of the portion thereof which escheated to the Commonwealth of Pennsylvania. Cross motions for summary judgment have been filed. The parties ha...
Views: 0
This is an action for refund of estate taxes and is before the court on the motions of both the plaintiff and the defendant for summary judgment upon these stipulated facts: On December 31, 1934, Harold H. Ky-nett, as Settlor, executed an indenture of trust to himself and Girard Trust Company as Trustees by which he con*610veyed certain securities in trust, and, at the same time, entered into an a...
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This matter came on for hearing after the parties hereto filed stipulations of facts herein followed by motions for summary judgment on behalf of each. The facts are not in dispute. The issue before the court involves a determination of whether property passing from decedent to surviving spouse by will qualified for the marital deduction permitted under the Federal Estate Tax laws. (Section 812(e...
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By this action plaintiff seeks a refund of estate taxes paid as a result of a determination by the Commissioner of Internal Revenue that plaintiff’s decedent possessed at death a “general power of appointment” over her deceased husband’s residuary estate and that the property subject to the power, that portion of the residuary estate not consumed or otherwise disposed of by her prior to her death...
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This is a suit for the refund of $84,-162.47 paid July 29, 1959, by the plaintiff *850on account of the assessment of a deficiency in Federal Estate Taxes. The deficiency resulted from the disallowance of a deduction claimed in the Estate Tax Return of some $285,000.00, as the value as of the time of death of a charitable remainder in a Trust established by the Will of plaintiff’s decedent. There ...
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This matter is before the Court upon the agreement of the parties that the within action be submitted on the stipulation agreed to by the parties and upon their respective briefs. The parties have stipulated that for the purposes of this case the following facts are true, and the Court adopts said stipulation, filed June 16, 1961, as its Findings of Fact. FINDINGS OF FACT 1. Plaintiff, a co...
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In 1954, testatrix, one Esta Sharp Best, who died on December 8, 1957, employed attorney Fred G. Warren, who is also now deceased, to draft her will. That will is the focal point of this controversy. The will sets up two trusts, the first of which in designated in the will as the “Fred V. Best Trust.” It is under this trust that a marital deduction is claimed by the taxpayers, plaintiffs herein...
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The action before us is one for refund of certain wagering taxes and wagering stamp taxes allegedly erroneously assessed and wrongfully collected by the Internal Revenue Service. The complaint alleges jurisdiction under Section 1346 (a) (1) of Title 28 of the United States Code. The Government has filed a motion “to dismiss the complaint insofar as the complaint demands relief for periods subseque...
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The plaintiff seeks a refund of penalties paid in the amount of $3,187.70, for the years 1957 and 1958, resulting from his failure to collect the tax on transportation furnished by him to third parties.
The assessment, payment of the penalty, the timely filing of claim for refund, the rejection of the claim for refund and the commencement of the present suit within the time permitted by law were s...
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The action is for refund of tax payments pursuant to 26 U.S.C. § 7422 (§ 3772 IRC 1939), and 28 U.S.C. § 1346(a) d).
On January 22, 1962 oral argument was presented upon the return of plaintiffs’ motion for summary judgment, and decision was reserved with leave to the litigants to submit supplementary briefs.
The facts, none of which are in dispute, are that on March 22, 1956 a 100% penalty assess...
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The question in this case is whether the plaintiff, Consolidated Engineering Company, Inc., a Maryland corporation, is liable for the 3% transportation tax assessed by 26 U.S.C.A. § 4271, on account of the transactions hereinafter described. The transportation tax was repealed in 1958 but the transactions here involved occurred in 1956-57. In 1958 the Commissioner of Internal Revenue assessed taxe...
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The Government brings this civil action for the recovery of tax refunds allegedly erroneously made to defendant taxpayer. The case has been submitted on the stipulation of facts filed herein and on the testimony of the taxpayer. The taxes involved are retail jewelry excise taxes covering various periods from February 1953 through September 1956. The only issue is whether certain sales of jewelry m...
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212 F.Supp. 664 (1962)
UNITED DEVELOPMENT COMPANY, a corporation, Plaintiff,
v.
UNITED STATES of America, Defendant.
No. 60 C 370.
United States District Court E. D. Missouri, E. D.
November 7, 1962.
*665 Earl Q. Smith, St. Louis, Mo., for plaintiff.
D. Jeff. Lance, U. S. Atty., John A. Newton, Asst. U. S. Atty., for defendant.
REGAN, District Judge.
This is an action instituted under Title 28 U....
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On August 20,1962, the plaintiff Heart of Atlanta Motel, Inc., proceeding under the provisions of Rule 56 of the Federal Rules of Civil Procedure, filed a motion for a partial summary judgment in plaintiff’s favor on the issue of the deductibility by plaintiff for federal income tax purposes of interest accrued on loans from its stockholders, on the ground that there is no genuine issue as to any ...
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This action was brought by plaintiffs under the provisions of Title 28, Section 1346(a) (1), U.S.C.A., for the recovery of income taxes paid by them for the calendar year 1957. In that year, plaintiff Einer Nielsen was a partner in J. C. Bradford & Company (hereinafter called Bradford), a securities dealer in Nashville. Bradford filed a partnership return for the year reporting long-term capital g...
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This matter is before the Court on defendant’s motion for a summary judgment. The parties have entered into a stipulation of certain facts and in addition, the plaintiff has filed a “Statement by the Plaintiff of Facts It Intends to Prove at Trial”. The defendant, for the purposes of the motion for summary judgment, admits the facts set forth in plaintiff’s statement. In other words, there is befo...
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The facts of this case are not in dispute and have been stipulated. In February 1953 Albert A. Bath, the taxpayer, and Adele L. Bath, his wife, sold certain Texas land owned by them as community property. They received for the land a total consideration of $139,090.00, of which $29,000.00 was paid in cash and the balance of $110,090.00 was evidenced by the purchaser’s promissory note for $110,090...
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The United States Government pursuant to Sections 7401 and 7403 of the 1954 Internal Revenue Code sued to foreclose Federal tax liens on a debt alleged to be owed to the M.C.S. Corporation by Raymond J. and Marilyn C. Rentz. The debt is allegedly a contract debt arising out of an agreement between M.C.S. Corporation and Raymond and Marilyn Rentz. Raymond and Marilyn Rentz defend in the foreclosur...
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The plaintiff, Mid-Ridge Investment Company, a Wisconsin corporation with a taxable year ending December 31, brings this action pursuant to § 1346 Title 28 U.S.C.A. to recover corporate income taxes alleged to have been erroneously assessed and collected by the defendant, the United States, for the years 1953 through 1956. The defendant, the United States, has counterclaimed against plaintiff a...
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This case involves competing claims of the Federal Government and of Travelers Indemnity Company to the sum of $11,238.84, deposited in the registry of this court by the State of Wyoming. The fund represents the 5% of the monthly partial estimates of the value of the work done, which had been retained by the State of Wyoming pending completion and acceptance of the work under the contract between ...
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Pursuant to Section 6672 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 6672, defendant levied a 100% assessment against plaintiff for having willfully failed in his duty to see that the withholding and social security taxes were paid over to the government by Watson-Jones Company, a California corporation, for the second, third and fourth quarters of 1957. In accordance with the assessment, ...
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This case was originally filed in State District Court by W. B. Uhlhom d/b/a W. B. Uhlhom Construction Co., as a bill' of interpleader against Paul Owens and Jack Dooley, individually and d/b/a Valley Lathing & Plastering Company, Security State Bank of Pharr, Central Valley Ready-Mix Company, G & G Lumber Company, Damacio Reyna, Rolando Munoz, L. E. Travis & Sons, Inc., and the United States o...
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Taxpayers brought this action to recover the sum of $7,552.40 which they allege was erroneously, wrongfully and' unlawfully collected from them as delinquency and negligence penalties imposed" by the government for failure to file their-income tax return for the year 1955 within the statutory period and for underpayment of income taxes for the same-year. The jurisdictional requirements-
...
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On April 12, 1962, defendant was charged in a 30-eount indictment with wilfully aiding and assisting in the preparation and presentation of false and fraudulent income tax returns for others during the calendar years 1957 and 1958, in violation of Section 7206(2) of the Internal Revenue Code of 1954, 26 U.S.C. § 7206(2). On June 4, 1962, the defendant moved for an order suppressing as evidence all...
Views: 0
This is an action to recover income taxes allegedly illegally collected from plaintiff, in which the sole issue is whether a transfer of funds made by the Internal Revenue Service in 1953 from the account of plaintiff to the account of Margax-et E. Mux-ray was authorized by plaintiff. Plaintiff and his brother Francis Murray prior to 1942 had been engaged in operating the Murray Leather Company as...
Views: 0
This is an action for refund of Federal income taxes paid. The matter came on for trial before the Court on the 28th day of November, 1962. The Court heard the evidence and argument of counsel and took the matter under advisement. The taxpayer May Williams is a mental incompetent and appears here as a plaintiff together with her duly appointed conservators. We will refer to the plaintiffs as “plai...
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This is a suit to recover a penalty in the amount of $63,653.75, the assessment having been made on May 31, 1956, against the defendant by the District Director of Internal Revenue of Philadelphia, Pennsylvania. The complaint was filed on May 14, 1962, 17 days short of the statute of limitations. See 26 U.S.C. § 6502(a) (1). At the time the assessment was made the defendant was living in Philadelp...
Views: 0
This is an action for the recovery of income taxes alleged to have been illegally assessed. The question is whether weekly payments by a corporation to a widow for a period of two years in the amount of her deceased husband’s salary constituted taxable income to the widow or a gift. This Court will follow the three steps towards reaching a conclusion prescribed by Poyner v. C. I. R., 4 Cir., 301 ...
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These consolidated suits were brought by the beneficiaries of the Schofield Land Trust to recover a refund of personal income taxes paid by them for the years 1949-1955, inclusive. Both the plaintiffs and the Government have moved for summary judgment.
The Schofield Land Trust had considered itself a trust during the years in question and, as a consequence, had distributed nearly all of it...
Views: 0
The instant proceeding involves an application to quash an internal revenue summons issued on August 16, 1962, pursuant to 26 U.S.C. § 7602(2). The summons is addressed to John A. Howard, President of a corporation known as Langley Howard, Inc. and purports to be issued in connection with investigation of the tax liability of applicant and his wife Margaret L. Howard for the years 1956, 1957, 195...
Views: 1
The Huron Clinic Foundation, hereinafter referred to as the taxpayer, is in this action pursuant to the provisions of Title 28 U.S.C.A. § 1346(a) (1), seeking to recover income taxes and interest thereon, alleged to have been erroneously and illegally assessed and collected by the District Director of the Internal Revenue in and for the District of South Dakota, for the tax years of 1954 through ...
Views: 0
This is an action brought by plaintiffs, Robert C. Mathews and Grace E. Mathews, husband and wife, for refund of Federal income taxes, allegedly erroneously paid for the years 1957 and 1958. This court has jurisdiction under 28 U.S.C. §§ 1340, 1346(a) and 1402(a). The plaintiff is a journeyman electrician and is a member of Local Union No. 291, International Brotherhood of Electrical Workers, Bois...
Views: 0
The United States Attorney filed an Information in this Court on October 10, 1961, charging, in two counts, that the Defendant, Marion Frye Doelker, willfully failed to file income tax returns for the calendar years 1954 and 1955. The Defendant has moved to dismiss the first count relating to the calendar year 1954 on the ground that the period of limitations has expired. The Defendant’s income ta...
Views: 0
In this case the defendant is charged in an indictment containing three counts with violations of Sec. 7201 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7201. Counts I and II charge him with willfully and knowingly attempting to evade and defeat a large part of the income taxes due and owing by him and his wife to the United States for the calendar years 1955 and 1956 by filing and causing ...
Views: 0
The petitioners in these two actions, being Badger Meter Manufacturing Company in Case No. 59-C-119, and Philip J. Berner, its secretary-treasurer in Case No. 59-C-125, request return of certain property and its suppression as evidence in any criminal proceeding and seek to restrain the named respondents, their agents, etc. from using such property as evidence in any criminal proceedings. The act...
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FINDINGS OF FACT 1. Taxpayer is a corporation organized and existing under the laws of the State of Texas. 2. At all pertinent times taxpayer was keeping its books on an accrual basis for income tax purposes. 3. Taxpayer duly filed its corporate income tax return for the year 1953. *7394. Pursuant to resolution of its Board of Directors on October 3, 1952, which was confirmed by resolution of such...
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This is an action for the refund of estate taxes and assessed interest, allegedly overpaid by the estate of Calvin M. Phelps. The stipulated facts .present the basic question of whether or not a widow’s allowance in Missouri constitutes a terminable interest for the purpose of determining the marital deduction under Section 2056 of the Internal Revenue Code of 1954. There is no dispute that the...
Views: 1
These actions were brought by B. Calhoun Hipp and his wife, Jean Jones Hipp, to recover Federal Gift Taxes paid by them for the calendar year 1956 in the amount of $1,501.40 each. The two cases were consolidated and tried by the Court on March 20, 1962. For the most part, the facts were stipulated, however, oral testimony was taken and certain documentary evidence introduced into evidence. Th...
Views: 0
This is a suit to recover estate taxes alleged to have been paid by plaintiff taxpayer, Mrs. Para Pierce Aldrich, following the death of her husband, Walter R. Aldrich. It is plaintiff’s contention that when she filed the Federal estate tax return following her husband’s death, there was erroneously included therein, as a part of his estate, the value of an undivided two-thirds interest in the ...
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This action was instituted by the executrix to recover the sum of $70,456.89 plus interest, alleged to have been overpaid as Federal Estate Taxes by the estate of Frederick C. Lamar. The facts are not in dispute, and the question for determination by the court is one of law; whether or not the plaintiff, as deceased’s widow, under the terms of his will was entitled to a marital deduction of 50%, o...
Views: 0
This is the second action instituted by .the plaintiffs in this Court for the recovery of allegedly illegally assessed federal excise taxes. The first suit, Iroquois Gardens, Inc. v. United States, D.C., 197 F.Supp. 94, was filed June 23, 1960, and' involved assessments made for the period January 1, 1956, to March 31, 1959. The instant action is based on assessments made for the period January 1,...
Views: 0
On December 14, 1961 the United States District Court for the Eastern District of Michigan, issued a search warrant to search the premises known as 21748 Share, St. Clair Shores, Michigan, and described as a one story, brick veneer dwelling house with basement, including garage and appurtenances, located on the south side of Share Street, between Arrowhead Street and Harper Avenue in the Eastern D...
Views: 2
On January 12, 1962, Michael J. Pepe was charged with (1) engaging in receiving wagers for or on behalf of an unknown person engaging in the business of accepting wagers, and wilfully failing to pay the special wagering occupational tax, in violation of Title 26 U.S.C. § 4411, and § 7203, (2) wilfully failing to register, contrary to Title 26 U.S.C. § 4412 and § 7203, and (3) having failed to reg...
Views: 1
These four libel proceedings brought under § 7302,- Title 26 U.S.C.A., to perfect forfeiture of the currency and checks described in the captions, were consolidated for trial.
1
At the trial counsel agreed that on the basis of the record made in the civil forfeiture cases the court should rule on the four motions to suppress evidence made by the claimants Sheck, Sigal, Granoff and Ra...
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The plaintiffs in these actions seek refunds of various amounts of excise tax assessed by the District Director of Internal Revenue for Oregon (Director) and paid by the plaintiffs, respectively. The plaintiffs had an interest in the operation of certain mechanical coin-operated amusement or gaming devices which were activated by the insertion of a coin and which for our purposes will be referred ...
Views: 2
This libel action was filed by the United States upon Section 7302, Title 26 United States Code, for the forfeiture of a 1958 Chrysler and a 1957 Chevrolet. A petition for remission of forfeiture was filed by the Bank of Hawthorne, Florida and all matters were called on for the taking of testimony. At the conclusion of the testimony the Court entered findings of fact and conclusions of law which u...
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This matter comes before the court on motion of petitioner seeking relief under 28 U.S.C. § 2255 and is filed in forma pauperis. A hearing was held on September 5, 1962. Defendant was indicted and pleaded guilty on October 31, 1961 to one count of knowingly possessing an unregistered sawed-off shotgun in violation of 26 U.S. ' C. § 58511 and § 58612. Defendant was sentenced under Section 5010(b) o...
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Issue Involved
The issue is whether the fishermen, comprised of captains and deckhands, who performed fishing services on the plaintiff’s boats were employees of the plaintiff under Sections 3121(d) and 3306 (i), Internal Revenue Code, Title 26 U.S. C.A. §§ 3121(d) and 3306(i), or independent contractors.
General Statement
The above entitled civil action having come on for trial before the Cou...
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This matter is before the Court on defendants’ motion to dismiss the complaint on the ground that the Court does not have jurisdiction over the subject matter of this action.
The first claim for relief in this action is for the declaration and enforcement of rights arising under a purported license or permit received by the plaintiff, a Colorado corporation, from the defendant City of Canon City, ...
Views: 0
This action was brought to review a final decision of the Secretary of Health, Education and Welfare holding that the plaintiff, James W. Salyers, was not entitled to the establishment of a period of disability under § 216(i) of the Social Security Act, as amended (42 U.S.C.A. § 416(i)), nor to disability insurance benefits under § 223 of said Act (42 U.S. C.A. § 423). The Appeals Council of the ...
Views: 3
This is an action under the Declaratory Judgments Act, Sec. 2201, 28 U.S. C.A. seeking judicial relief against the claimed malapportionment of Hennepin County, Minnesota County Commissioner Districts. The plaintiffs are citizens and voters of Hennepin County and live outside of the City of Minneapolis in the Villages of Robbinsdale, Golden Valley *173 and Plymouth. They claim that they are deni...
Views: 0
This is an action to collect $50,000 in brokerage commissions. Plaintiff, a New York corporation, instituted suit in the Supreme Court of New York County on April 19, 1962. On May 7, 1962, defendant removed the action to this court. The removal petition alleged that defendant was a citizen of the State of Connecticut and that, accordingly, this court’s jurisdiction was based on the requisite di...
Views: 2
This action presents a provocative question of the legality of a search and seizure. The Court, after hearing a pretrial motion (treated as a motion to suppress illegally obtained evidence), overruled the motion and permitted the case to go to trial before a jury. The defendants were convicted on two counts, one involving the possession, the other the transportation, of tax-unpaid whiskey. The Co...
Views: 0
The Court heretofore sustained a libel of information to enforce an in rem forfeiture of an automobile belonging to Hooper Enloe (Dick) Denton, one of the intervenors herein, holding that the evidence adduced justified the forfeiture because the automobile was intended to be, and was, used as an active aid to another’s illegal and fraudulent purpose to defraud the government of whiskey taxes. Unit...
Views: 3
These defendants were jointly indicted under a two-count indictment charging in count one “possessing” and in count two “removing and concealing” tax-unpaid whiskey. They moved to dismiss the second count on the ground that said count does not charge an offense. Finding that the second count contains all the elements of the statutory offense intended to be charged by the Grand Jury and that sam...
Views: 1
The Government, by its District Attorney, Mr. J. H. Reddy, filed a libel of information on March 2, 1961 alleging that certain property which was owned by Hezikiah Suttles and wife, and located in Union County, Tennessee, violated various Sections of the 1954 Internal Revenue Code, as amended. The property consists of a parcel of real estate containing 20 acres, more or less, on which are located ...
Views: 0
This is a diversity action to foreclose a contract for the sale of land in a plat adjoining Lake St. Clair executed on February 2, 1956, between the plaintiffs, as vendors, and the defendant and her late husband, as vendees, based on a failure to make required payments of principal and interest due on and after January 17, 1958. The defendant in her answer and counterclaim for cancellation of the...
Views: 1
On February 27, 1962, plaintiffs, Austin V. Story and wife, Winnie Story, filed their complaint against the defendants, R. L. Nelson and Pauline Nelson, in which they alleged that on April 10, 1960, they were the owners of a farm of 535 acres located in Cedar County, Missouri. The defendants were owners of real and personal property, consisting of a motel, cafe, liquor store, service station and g...
Views: 0
Stimulated by perusal of Swindell-Dressler Corp. v. Dumbauld, 308 F.2d 267 (C.A. 3, 1962), plaintiff has filed, on October 12, 1962, a motion to vacate this Court’s order of November 22, 1961, granting a motion to dismiss with respect to one defendant (the New York manufacturer of the aluminum ladder purchased by plaintiff in Pennsylvania from defendant W. T. Grant Company and the alleged defects...
Views: 3
The question for determination is whether the court, upon the filing of a petition for removal by the defendant, obtained jurisdiction of the subject matter of the cause of action.
The complaint was filed in the Circuit Court for the Southern District of Logan County, Arkansas, on September 6, 1962. Summons was issued on the same date and served on the Secretary of State on the next day, S...
Views: 0
This is an action for conversion wherein plaintiff seeks to recover compensatory damages in the amount of $4,632 and punitive damages in the amount of $14,-000. Defendant denied the wrongful taking, raised an issue as to the jurisdiction of the court for lack of jurisdictional amount, and pleaded a counterclaim in the amount of $25,000. The cause was tried to the court and submitted on post-trial ...
Views: 1
This is a petition by a purchaser of real estate for reimbursement of Philadelphia City and School taxes which the Government admittedly owes. The question is whether the petitioner’s claim is barred by the Anti-Assignment Act (31 U.S.C.A. § 203). By agreement with the former owner the United States of America contracted to pay, during the term of its use or occupancy of the real estate involved, ...
Views: 0
Two problems have arisen in connection with the pre-trial proceedings in these condemnation actions. These problems are: (1) Shall there be an order requiring an exchange by the parties, prior to trial, of the comparable sales upon which each side intends to rely; and (2) May sales entered into after the date of taking of the involved property be considered relevant as comparable sales.
...
Views: 0
On July 14,1959, Germaine Haili, hereinafter referred to as “petitioner,” was convicted in this court in the case of United States of America v. Germaine Haili, Cr.No.11,344, after a trial by jury of a violation of Section 4744(a) of Title 26 U.S.C. On July 24, 1959, he was sentenced to imprisonment for five years. He is presently serving that sentence in the Federal Penitentiary at McNeil’s Islan...
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Page 5289
This action for injunctive and declaratory relief was filed Sept.'l, 1961. Defendants responded with motions to quash service, dismiss and abstain. Plaintiffs filed a motion for summary judgment supported by affidavits and briefs. Defendant also moved to strike certain articles of evidence. The District Court as then constituted granted plaintiffs motion for summary judgment, denied the motions...
Views: 0
At the very core of organized crime and racketeering in the United States are gambling, prostitution, liquor and narcotics. In 1961, Congress received the Attorney General’s program to curb organized crime, pursuant to which a number of acts were passed. One of these was 18 U.S.C.A. § 1952 which provides in pertinent part:
“(a) Whoever travels in interstate or foreign commerce or uses any ...
Views: 9
Jesse Coble and wife were instantly killed between 9 and 10 P.M. in July, 1961, when the Cadillac ear driven by Mrs. Coble collided with defendant’s Crescent Limited at the Hill Top grade crossing near Greensboro. The personal representative of each one sued the defendant ; the cases were consolidated and tried before a jury. At the close of the evidence and in accordance with Rule 50, the defenda...
Views: 0
Plaintiff, an Illinois corporation, instituted this declaratory judgment action under § 2201 et seq., Title 28 U.S.C.A. wherein plaintiff, and defendant M. F. A. Mutual Insurance Company, dispute liability coverage for damages claimed to have arisen out of an automobile accident. The jurisdictional prerequisites are present. The material facts are not in dispute, and the case is before the court o...
Views: 1
Plaintiff instituted an action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for a judicial review of the decision of the Bureau of Old Age and Survivor’s Insurance and Appeals Council disallowing and denying plaintiff’s claim. Plaintiff is the father of Mathew Valuri, the Wage Earner who died August 13, 1959. Paragraph “Ninth” of the claim states that the only issue i...
Views: 1
Plaintiffs, Negro citizens, suing on behalf of themselves and other Negro physicians, dentists and patients similarly situated, seek injunctive and declaratory relief, alleging that the defendants have discriminated against them because of their race, in violation of the Fifth and Fourteenth Amendments to the United States Constitution. The relief sought is an injunction restraining the defendant...
Views: 2
The defendant was indicted on November 9, 1961, for failure to obey an order of Local Board 79, Youngstown, Ohio, directing him to report to the Board for instructions to proceed to a place of employment to perform civilian work contributing to the maintenance of the national health, safety or interest, in violation of 50 U.S.C.A.Appendix, §§ 456 and 462.
A trial by jury was waived and, af...
Views: 0
This cause is before the Court on the motion of the defendant, Elmer M. Harris, made pursuant to Title 28 U.S.C.A. § 2255, to set aside the judgment of con*772viction against him entered herein on February 9, 1960.
The defendant was charged in a thirteen count indictment with violations of Title 18 U.S.C., Sections 2 and 2314. After a two day trial the jury, on February 9, 1960, returned a verdict...
Views: 1
The defendant Felix Gilbert Souther has filed a timely motion to suppress for use as evidence in this case a quantity of contraband moonshine whiskey seized by investigators of the Alcohol and Tobacco Tax Unit of the Internal Revenue Service, United States Department of the Treasury. Complaint is made that this evidence was obtained by means of an illegal search of the defendant’s automobile and s...
Views: 0
This cause came on for trial on May 29, 1962, before the Court sitting without a jury. The Court having duly considered the evidence and the arguments of counsel, now pursuant to Rule 52, makes and files the following: FINDINGS OF FACT 1. The plaintiffs timely filed their Employers’ Quarterly Federal Tax Returns (Treasury Form 941) and Federal Unemployment Tax Returns (Treasury Form 940) for the p...
Views: 0
This case is before the court upon defendant’s motion for summary judgment to dismiss the action on the ground that there is no genuine issue as to any material fact based upon the pleadings, depositions and affidavits, and that the defendant is entitled to a judgment as a matter of law.
The plaintiffs filed their complaint, entitled “Petition,” in Marion County Chancery Court on December 6, 1961,...
Views: 0
This matter was tried to the Court without a jury. Jurisdiction is based upon diversity. Plaintiff is a citizen of California and defendant, a national bank, has its principal place of business in Iowa. The matter in controversy exceeds the sum of $10,000 exclusive of interest and costs.
In 1914 one Edward M. Ware transferred to the Peoples Trust & Savings Bank of Clinton, Iowa, as trustee...
Views: 1
This cause having been heard on motion of petitioners to dismiss the claims of Clement L. Carter and Gladys A. Carter for want of prosecution on failure of the said claimants to comply with the repeated orders of the Court under Rule 32C of the Admiralty Rules of the Supreme Court of the United States, the Court, having taken the matter under submission, now finds the following to be the facts her...
Views: 0
Five hundred eighty-five and eighty-seven hundredths acres of land in Osage County, Kansas, the property of Harold Featherston, was taken by the United States, January 23, 1959. The amount of estimated just compensation, $132,900, was deposited in the registry of the court. On February 9, 1959, immediate delivery of possession was ordered. By order entered March 19, 1959, a stipulation was approve...
Views: 1
This is an action to review a decision of the Secretary of Health, Education and Welfare under section 205(g) of the Social Security Act (42 U.S.C.A. § 405 (g) ). Plaintiff has pursued his claim through all of the administrative levels in the Social Security Administration and it is now the duty of this court to determine whether the decision of the Secretary is supported by substantial evidence. ...
Views: 0
This is a motion by the government under Rule 12(b), Federal Rules of Civil Procedure, to dismiss the complaint for lack of jurisdiction. The action is brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), and sounds in conversion seeking to replevy or recover the value plus damages of $25,000 worth, of negotiable bonds. The complaint alleges that plaintiff is-the lawful owner and entitl...
Views: 0
This is a motion for a preliminary injunction to restrain the defendants Lazard Freres & Co., Lehman Brothers, Belgian-American Banking Corp., Belgian-American Bank & Trust Co., First National City Bank of New York and First National City Trust Co. from selling, transferring, pledging, encumbering, disposing of or distributing any property or rights to property of defendant taxpayer Omar, S.A. ...
Views: 0
This is a motion by defendant British American Tobacco Company to quash the return of service of summons *780and to dismiss this action as against it on the ground that the court does not have personal jurisdiction over the defendant. The complaint sets forth three causes of action. It alleges that Brown and Williamson Tobacco Corporation agreed to sell cigarettes to plaintiff for resale by plaint...
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In 1944 Kenneth E. Boles was severely injured in an accident in the coal mine in which he was then working as an employee of the Wise Coal Company. He never went back to work for the Wise Coal Company because, as he testified, he ■could not thereafter pass the physical ■examination that was required of employees by that company. He worked, with difficulty, in the period from 1945 to early 1948 fo...
Views: 0
This is a petition for relief in the nature of a writ of error coram nobis filed September 25, 1961, by Carlos Marcello, who seeks to set aside a judgment of conviction on his plea of guilty which was entered on October 29, 1938 (nearly 23 years before) to a charge of violating the Marihuana Tax Act of 1937, 26 U.S.C.A. § 4741 et seq. Marcello contends that on the day of the conviction on his guil...
Views: 0
The defendant, Nicholas Bosch, is accused by indictment of failure to register *17 and pay a special tax imposed on persons engaged in the business of accepting wagers, in violation of Sections 4411, 4412 and 7203, Title 26 U.S.C., and has filed a petition to suppress and return evidence consisting of gambling paraphernalia seized and removed from his residence at 27931 Gladstone Street, St. Cl...
Views: 1
REASONS FOR JUDGMENT
This is an action to recover certain employment taxes alleged to have been erroneously paid by the plaintiff under the provisions of the Federal Insurance Contributions Act, 26 U.S.C.A. § 3101 et seq., and the Federal Unemployment Tax Act, 26 U.S.C.A. § 3301 et seq. The controversy involves the question of wheth*23er or not certain mechanics called “applicators”, whose functio...
Views: 0
There is no better description of the Internal Revenue laws in general than that contained in the often-quoted language of Judge Learned Hand: “In my own case the words of such an act as the Income Tax, for example, merely dance before my eyes in a meaningless procession: cross-reference to cross-reference, exception upon exception — couched in abstract terms that offer no handle to seize hold of ...
Views: 2
This is an action under the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16 (1962 Cum.Supp.), against the Indiana Harbor Belt Railroad Company for improper maintenance of “sill” steps on one of its cars. The railroad, by “Admissions in Lieu of Answer,” admitted liability under the Act. Upon Defendant’s admissions, the Court found for the plaintiff and entered judgment against Defendant in the sum of $2...
Views: 0
This is a civil proceeding for the condemnation and sale of two motor vehicles under § 7301 et seq., U. S. Internal Revenue Code 1954, 26 U.S.C.A. § 7301 et seq. for its use in transporting tax unpaid liquor. The claimant sought remission of the forfeiture as an innocent owner of the vehicles. The government relied heavily for its case upon the testimony of an undercover agent of the Alcohol Tax U...
Views: 0
This cause came on regularly for trial on January 18, 1962, before the Honorable Myron D. Crocker, United States District Judge, sitting without a jury; plaintiff being represented by Lloyd G. Rainey and Deadrich and Bates, Lloyd G. Rainey appearing; defendant being represented by Francis C. Whelan, United States Attorney, Robert H. Wyshak, Assistant United States Attorney, appearing; and the caus...
Views: 0
Plaintiff filed a verified complaint in this Court on August 15, 1962, under the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Administrative Procedure Act, 5 U.S.C.A. § 1009, in which he seeks to restrain the defendant from taking him into custody and deporting him, pursuant to an administrative order for his deportation on August 24, 1962. Upon the filing of that complaint, this Court made...
Views: 0
The defendant has moved the Court pursuant to Fed.R.Crim.P. 41(e), 18 U.S.C. to suppress for use as evidence by the Government a reddish-brown notebook, containing written memoranda, which the defendant contends was unlawfully seized from his person on the night of April 5, 1962 at the Portland Police Headquarters.
A hearing before this Court on October 3, 1962, at which the arresting officer was ...
Views: 1
The complaint seeks the recovery of $203.69 from defendant Howard Elliott, who holds this sum of money as a stakeholder as between the plaintiff and the County Commissioners of Routt County, Colorado.
Elliott was the clerk at a sale of personal property on which the United States held chattel mortgages. The County Commissioners of Routt County have asserted a claim to the sum which is being held, ...
Views: 0
This is a civil suit against the United States of America, arising under the provisions of Section 2674, Title 28 U.S.C.A. (Federal Tort Claims Act).
Civil Causes Nos. 4264 and 4667 were consolidated and proceeded to trial as No. 4667.
The complaint in Civil No. 4667 seeks recovery from the defendant, United States of America, on three counts.
In Count I recovery is sought under ...
Views: 0
This action has been brought under 42 U.S.C.A. § 405(g) to review the final decision of the Secretary rendered July 17, 1961, by the Appeals Council, Office of Hearings and Appeals, Social Security Administration (p. 2 of the Record attached to Document No. 4, hereinafter referred to as “R”), insofar as it held that plaintiff, Lucille E. Miller (Mrs. Frank E. Miller), and Gertrude McAndrew, a mino...
Views: 0
Rebecca Levine brings this action against her former husband for reimbursement of funds expended by her during coverture for support of herself and the children of the marriage. Federal jurisdiction is based on the diverse citizenship of the parties. This opinion is limited to the sole question of whether defendant’s affirmative defense of the Statute of Limitations bars plaintiff’s recovery.
...
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On December 28, 1959, Ernest Hugh Perry appeared before the court in custody of the Marshal and was advised of the charges then pending against him and of his rights relative thereto. When asked if he desired the court to appoint counsel to represent him, he replied that he did, whereupon the court appointed Mr. J. Michael Shaw of Fort Smith, Arkansas, a competent and reputable member of the bar o...
Views: 0
On June 30, 1953 the District Director of Internal Revenue in Brooklyn, New *728York* whose jurisdiction included Nassau County, wherein the defendant Mary Dwyer resided, made an assessment against her in the sum of $116,132.60 covering the unpaid balance of her income taxes foy the years 1946, 1947 and 1948, together with interest and penalties. Thereafter, on November 20, 1953, notice of said ta...
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The defendant was trñd and convicted of the offense of possessing an altered *763 (sawed-off) shotgun on which the federal tax had not been paid as required by 26 U.S.C. § 5821. After verdict, a timely motion for judgment of acquittal was made upon the ground that conviction was based on evidence obtained as the result of an illegal search and seizure contrary to the provisions of the Fourth Am...
Views: 3
The plaiptiff, now incarcerated in the Attica State Prison, Attica, New York, seeks a declaratory judgment for the recovery from the defendant of the sum of $2,000 which amount represents a sum posted in lieu of bail by the plaintiff’s father, Michael Savini, which was forfeited when the plaintiff failed to appear for an extradition hearing on December 29, 1947. The plaintiff sues as the assignee ...
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ADJUDICATION Defendants, indicted under 26 U.S.C. § 5604(a) (1) for transporting distilled spirits not properly stamped (an offense punishable by a fine of not more than $10,000.00 or 5 years imprisonment, or both; and hence a felony), have filed motions to suppress as evidence some forty (40) gallons of distilled spirits seized by Alcohol Tax agents and taken from a motor vehicle driven by defend...
Views: 0
This action was commenced by the United States of America, as an action to quiet title to two tracts of land in Macon County, North Carolina, which constitute a part of the Nantahala National Forest. The complaint also seeks a money judgment for the cutting and removing of timber from these tracts by the defendants and an injunction to prevent the further cutting and removing of timber.
In their a...
Views: 0
208 F.Supp. 368 (1962)
W.M.C.A., INC., R. Peter Straus, Joseph De Maio, Edward Lind, S. Thomas Delaney, Edward C. Brown, James J. McCafferty, Plaintiffs,
v.
Caroline K. SIMON, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Paul R. Screvane, President of the City Council of the City of New York, Eugene H. Nickerson, Chairman, Board of Su...
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Plaintiffs and the plaintiff-intervenors, as citizens of the United States and of the State of Alabama, and as taxpayers and duly qualified and registered voters in said State and in the Counties of Jefferson and Mobile, jointly and severally bring this action in their own behalf and in behalf of all other voters in the State of Alabama who are similarly situated. The defendant Bettye Frink is ...
Views: 6
The Information herein contains four counts: Count One charges Mares with unlawful possession of a described sawed-off shotgun, having failed to register it, contrary to Title 26 U.S.C. §§ 5841 and 5851. Count Two also pertains to defendant Mares and alleges his unlawful possession of the same firearm, which firearm was allegedly made in violation of Title 26 U.S.C. §§ 5821 and 5851. Counts Thx-ee...
Views: 1
The validity, for income tax purposes, of a transaction whereby real property was placed in trust for the benefit of members of a family unit and leased back to a grantor is the central problem involved in each of these cases. In each of the above cases, plaintiffs seek to recover income taxes paid by them in accordance with deficiency assessments imposed as the result of the re-audit of their ...
Views: 0
The plaintiffs m the instan causes sued the United States under the Tort Claims Act, 28 U.S.C. § 2671, et seq., for personal injuries arising out of a collision between a mail truck and the vehicle m which they were driving to work. This Court has jurisdiction of the cause by virtue of 28 U.S.C. § 1346(b). The other vehicle was driven by an agent of plaintiffs’ employer. The United States brought ...
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This is an action, brought by a large number of plaintiffs, all citizens and residents of the State of Illinois, against the Director of Revenue for the State of Missouri, pursuant to the provisions of 28 U.S.C.A. § 2281 and 28 U.S.C.A. § 2284. The purpose of the action is to enjoin defendant from collecting or attempting to collect certain Missouri state income taxes from plaintiffs and from a...
Views: 7
Plaintiff United States of America invoked the jurisdiction of this Court under 28 U.S.C. § 1345, seeking damages from defendant, the State of California, by reason of alleged negligence on the part of employees of the State in causing, and in failing to extinguish, a fire which destroyed trees and other vegetation covering approximately 24,000 acres within Angeles National Forest in the County of...
Views: 0
In this proceeding it is not in dispute that the Government had its tax lien filed against Oakland and that subsequent to the filing, a fire occurred, destroying part of the realty and personalty which was subject to the lien. *176Three days after the fire, the insured, Oakland, executed an assignment to Neaman to adjust the fire loss, concerning which adjustment the following facts are evident: (...
Views: 0
Both parties have filed motions for summary judgment. The facts are uncontroverted. Philip S. Neison, the decedent, was separated from his employment on the Pennsylvania Railroad on January 31, 1941. Pursuant to § 2(c) (1) of the Railroad Retirement Act of 1937, he applied for and was granted an annuity. The Act specifies that an employee shall “be eligible for annuities after they shall have ceas...
Views: 0
On May 25, 1962, an ex parte temporary restraining order was entered which enjoined defendant from sales, conveyances, or encumbrances of certain real property in Summit County, Colorado. Thereafter, on June 2, 5, and 6, a hearing was held on the plaintiff’s motion for temporary injunction and the Court now finds and concludes the facts and law relating to this motion.
The Complaint alleges that o...
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This cause is now submitted to this Court upon the motions to dismiss filed herein by each of the named defendants, said defendants being sued “as representatives of a class consisting of all the municipal corporations in the State of Alabama.” The motion to dismiss filed by all but one of the named defendants is based upon several grounds other than the general ground that the complaint fails to ...
Views: 2
This is a criminal action in which the defendant is charged with the unlawful possession of a firearm within the meaning of Title 26 U.S.C.A. § 5848(1), (4), § 5821 (a, c, d, e). Pursuant to Rule 41(e) (1) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., the defendant had moved to suppress as evidence a sawed-off shotgun seized by the police, after a search of the defendant’s motor vehicle...
Views: 2
This matter is before the court on defendant’s motion to transfer this cause of action to the United States District Court for the District of Arizona, sitting at Phoenix, in accordance with 28 U.S.C.A. § 1404(a).
On April 2,1962, the plaintiff filed her complaint in the Garland County Circuit Court. Summons was served on defendant, J. C. Penney Co., on April 4, 1962, and the defendant’s petition ...
Views: 1
In response to plaintiffs’ motion for clarification, the order of this Court of May 8,1962, granting defendant’s motion for new trial is amended as follows: IT IS ORDERED that the summary judgment of March 29, 1962, be and the same is hereby vacated. IT IS ORDERED that the temporary injunction of April 9, 1962, be and the same is hereby dissolved. IT IS FURTHER ORDERED that this; cause be f...
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The plaintiff taxpayers in this case seek refund on income taxes in the amount of $7,309.42 paid in the years-1957, 1958 and 1959. The claims for refund are based on the taxpayers’ contention that part of the purchase price paid for an osteopathic practice should be considered as “trade or business expenses” under Section 162 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 162. The total purch...
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Page 5344
Plaintiffs are residents of Chatham County, Georgia, and all save two are residents of Savannah Beach, Georgia, a municipality therein. They claim violation of their civil rights as afforded them under the equal protection clause of the Fourteenth Amendment, and rely on Baker v. Carr, 1962, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663, for jurisdiction, justiciability and standing to sue.
Thi...
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The United States has filed a libel for the forfeiture of a 1961 Cadillac automobile. In the libel it is charged that the automobile was used to transport heroin declared to be contraband as having been illegally imported into the United States. Use of the automobile for the transportation of the contraband heroin is alleged upon two occasions, one occasion being upon September 4, 1961 and the ...
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REASONS
The plaintiff was employed as a carpenter by the Ragusa Brothers Construction Company of Hammond, Louisiana, and while in the course and scope of his employment suffered an injury that subsequently developed into a total loss of vision of the right eye. It is alleged that at the time of the incident he was withdrawing a nail from a 2" X 8" board. The hatchet he was using broke and caused ...
Views: 0
In this estate the petitioner Orecio A. Wright claims he is an illegitimate son of the deceased, Clifford Wright, who died in New York in 1910, leaving real estate Parcel No. 62A Prindsens Gade, King’s Quarter, in St. Thomas, having an appraised value of $2,000.00; that at the time of the death of his father Clifford he was survived by petitioner, age 6, and two other illegitimate children, Gerald...
Views: 1
This case involves another important question of administration under Section 4243, Title 18 U.S.C.
1
Petitioner’s letter to the Court states, and the files and records of the Department of Justice confirm, that he was given a three year sentence on June 29, 1959 by the United States District Court for the District of Arizona, on plea of guilty, for violation of the Dyer Act (18 U.S....
Views: 1
Clarence Stewart, Jr., a Negro, was charged by information filed by the prosecuting attorney for Pulaski County, Arkansas, with murdering William N. Caldwell on January 9, 1959. He was tried by a jury at the March 1960 term in the Circuit Court, First Division, Pulaski County, Arkansas, found guilty of first degree murder, and in due time was sentenced to death. This judgment was affirmed by the S...
Views: 1
At various stages in this proceeding— during the trial, after the jury’s verdict of guilty, at the time of sentencing, and in considering defendant’s motions subsequent to sentencing — , the Court has carefully evaluated the issues raised by the defendant. These issues merit a more extended presentation of the views of the Court than as previously stated extempore.
The case arose as a misd...
Views: 1
This matter is before the court upon a petition for a writ of habeas corpus. A hearing has been held and counsel have submitted briefs, and the matter is now ready for determination. The hearing was held pursuant to an order of the court directing Respondent to show cause why the writ should not issue, and the parties have agreed that all the pertinent facts were produced and that a hearing such a...
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There is before the court for resolution a dispute concerning title to certain lands which have been condemned by the United States of America.
The land involved has been designated Tract No. A-100E (Nebraska), and is described in the schedule attached to the complaint as a tract of land “situated in Section 7, Township 19 North, Range 12, East of the 6th Principal Meridian, Washington County, Neb...
Views: 0
This action is for disposition on complaint as amended, answer thereto, plaintiff’s motion for preliminary injunction with evidence taken at the hearing on said motion, and memorandum briefs of the parties who are concerned with said motion. Briefly plaintiff seeks a comprehensive temporary mandatory injunction which would require a county sheriff indiscriminately to permit any and all Negro citiz...
Views: 0
On April 23, 1961, the above described vehicle was seized while containing 91 cases of one-gallon glass jars and 1 sack of jar caps, and while allegedly used by Julian R. Jones and Tommy L. Rayburn in violation of the Internal Revenue Laws pertaining to distilled spirits. Libel of information and monition were filed by the Government and duly served upon Jones, Rayburn, and Bank of Terrell, which ...
Views: 0
On September 18, 1961, John Raymond Van Buskirk, a citizen and resident of Indiana, William E. Badgett, a citizen and resident of Tennessee and Mrs. Helen F. Hubert, a citizen .and resident of Indiana brought suit against the United •States for a judgment or decree of the Court ordering defendant to turn over to plaintiffs Badgett and Hubert $6,999.63, six pieces of luggage, a diamond ring and ...
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This application raises the question as to whether a stockholder of a corporation, who is not himself a lawyer, may bring a derivative stockholders action for the benefit of the corporation and at the same time act
pro se
in the legal proceedings incident thereto.
*
This is an action brought by Else Willheim and Randolph Phillips derivatively, as stockholders of Investor...
Views: 0
The question for decision in this case is whether, when an employee is paid $1,-415.90 by his employer in one calendar year but in connection with his work had to spend $543.38 for traveling expenses for which under his contract of employment he had no right to reimbursement, his “earnings”, as the word is used in section 203(e) of the Social Security Act (42 U.S.C.A. § 403(e)), are $1,415.90 or $...
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1. This action was filed by the Attorney General of the United States on April 28, 1961, charging the defendants with having engaged in acts and practices which have denied Negro citizens of their right to register to vote without distinction as to race or color. The case was tried on November 27,1961. Final briefs were filed on March 13, 1962. 2. The defendants are the State of Louisiana and C...
Views: 2
This land condemnation suit commenced by plaintiff, United States of America, is now before the Court for disposition of a controversy which has arisen between Oscar Barger and Gracie Barger, his wife, on the one hand, and Glenn Barnum and Oneita Barnum Bradford, on the other hand, as to the ownership at the time of the Government’s taking of Tract 1515.1 Since the Court will be required to order ...
Views: 0
This is an action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying Plaintiff’s claim to certain benefits under the Social Security Act. In accordance with the applicable law, the Secretary has filed a certified copy of the transcript of the record, including the evidence on whic...
Views: 1
205 F. Supp. 662 (1962)
Luther W. WHITE, III, Administrator, c.t.a. of the Estate of Donald E. Meeks
v.
UNITED STATES of America.
Civ. A. No. 3559.
United States District Court E. D. Virginia, Norfolk Division.
May 22, 1962.
*663 George H. Gray of Outland & Gray, Norfolk, Va., for plaintiff.
G. R. Patrick, Asst. U. S. Atty., Richmond, Va., for defendant.
MICHIE, District Judge.
This is an act...
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Each party moves for summary judgment. The plaintiff, upon reaching the age of 65 years on December 23, 1953, filed a claim for old-age benefits. The defendant recognized the claim and paid benefits to the plaintiff. In February 1958, further payments were suspended upon an administrative determination that the plaintiff had earnings in excess of the amounts permitted by law during the years 1954 ...
Views: 0
Plaintiff, as a taxpayer of the City of Cleveland, Ohio, filed his complaint in the United States District Court for the purpose of enjoining further proceedings in the Erieview project in the City of Cleveland (a downtown urban renewal project known as Erieview I Urban Project No. Ohio R 36) and for an order cancelling agreements entered into between the City of Cleveland and the United States of...
Views: 0
The matter is before the Court on a motion of defendant, Community Memorial Hospital, to dismiss for failure to state a claim upon which relief can be granted. Jurisdiction of the Court is based upon diversity of citizenship. The suit is one for personal injuries claimed to be sustained as a result of the negligence of the defendant, Community Memorial Hospital, and the operating surgeon during th...
Views: 0
Defendant moves to dismiss an indictment, which charges him with narcotics violations in three counts. The first count charges that he did “fraudulently and knowingly conceal and transport and facilitate the concealment and transportation of approximately 4 ounces of heroin,” in violation of 21 U.S.C.A. § 174. The second count charges a violation of 21 U.S.C.A. § 176a for unlawfully concealing ...
Views: 3
Defendants have been indicted for having illegal possession of an unregistered firearm in violation of Title 26 U. S.C. § 5841. Defendants presently have before the Court two motions, each of which has been timely made. The first is a motion to dismiss the indictment on the ground that it fails to charge an offense (Federal Rules of Criminal Procedure, Rule 12(b) ), 18 U.S.C., and’, the second ...
Views: 3
Four investigators of the Alcohol and Tobacco Tax Unit of the Treasury Department were proceeding along a city street in Newport, Tennessee, about 5:30 o’clock, a. m., on August 14, 1961. Two of these agents had received information from separate sources about ten to fourteen days earlier that an old-model Chevrolet automobile, bearing Unicoi County, *679Tennessee, license plates, was being used b...
Views: 1
By a proceeding by petition in the nature of a writ of coram nobis petitioner seeks to have this court vacate and set aside a narcotics conviction and sentence, the full term of which has long since been served. This petition is filed in the original criminal docket numbered case in which petitioner was originally convicted. On April 25, 1938 petitioner was indicted on two counts in this court for...
Views: 0
This is an action for wrongful death arising out of the tragic mid-air collision between an aircraft of defendant United Air Lines, Inc. (United), and an aircraft of defendant Trans-World Airlines, Inc. (TWA) on December 16, 1860, over Staten Island, New York. Plaintiff is the administratrix of decedent, Jack Buchheit, who was a passenger on defendant TWA’s airplane. In addition to the claims aga...
Views: 2
This is a libel of information by the United States to enforce in rem the forfeiture of an automobile belonging to the intervenor Hooper Enloe (Dick) Denton in accordance with 26 U.S.C. § 7302. It is alleged that the vehicle offended by being used “ * * * to transport * * property which is intended to be used in the * * * packaging of property described in subsection (a)”. 26 U.S.C. § 7301(e). Sai...
Views: 0
The plaintiff in this action, through a petition for declaratory judgment, is seeking a determination of the rights, duties, and obligations arising out of a contract which it had made with the defendant, Pittsburgh-Des Moines Steel Company (Pittsburgh), a Pennsylvania corporation, for the erection of a steel water-tower in Leominster, Massachusetts. The Seaboard Surety Company, a New York corpora...
Views: 1
There are before me four motions (filed under Rule 17(c) of the Rules of Criminal Procedure, 18 U.S.C.A.) to quash or modify subpoenas duces tecum issued upon the application of the defendant Louis Dubrow. One motion is by Frank Stanton, president of CBS-TV Network, who has been summoned to bring with him all the records relating to the preparation, filming, and presentation of the CBS-TV document...
Views: 0
This is a motion under Rule 41 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., in which defendant, James M. Darby, seeks to suppress certain evidence seized by agents of the Alcohol and Tobacco Tax Division of the Internal Revenue Service, that is to say, the petitioner seeks to have suppressed, the keys to 1956 Oldsmobile Sedan, twelve twenty-five pound sacks of Jack Frost sugar and two ...
Views: 0
This is a prosecution for conducting a. lottery without registering and paying tax as required by the Internal Revenue Code, Sections 4401, 4411, 4412 and 6011, 26 U.S.C.A. §§ 4401, 4411, 4412, 6011, and in violation of Sections 7203 and 7262, 26 U.S.C.A. §§ 7203, 7262. Trial by jury was waived. The defendant, who rested without, presenting any evidence, now renews by motion for judgment of acquit...
Views: 2
The plaintiffs, three of seven passengers returning from their place of employment at Henryton State Hospital, Sykesville, Maryland, on January 4, 1961, each sued the United States under the provisions of 28 U.S.C.A. § 1346(b), for injuries, including alleged partial permanent disability, sustained when the 1960 Ford station wagon in which they were riding was struck in the rear while stopped on U...
Views: 0
By the Complaint, the Petitioner, the Federal Communications Commission, hereinafter referred to as “the Commission”, seeks the enforcement of subpoenas and orders pursuant to §§ 401(a), 401(b), 409(f) and 409(g) of the Communications Act of 1934, (47 U.S.C.A. §§ 401(a), 401(b), 409(f), 409(g)) in effect, commanding the respondents, MCA, Inc., a corporation organized and doing business under th...
Views: 0
In this case the defendant, Francis I. Hughes has petitioned to suppress the evidence and for his discharge, claiming an illegal arrest. A hearing was directed and evidence has been taken. It appeared that defendant was arrested June 29, 1961, when found on the premises of 1256 Pennsylvania Avenue in the city of Pittsburgh. The government agents had a John Doe search warrant for those premises. Th...
Views: 0
In this action both plaintiff and defendant have moved for judgment on the pleadings pursuant to Rule 12(c) of the Rules of Civil Procedure, 28 U.S.C.A. The action to which the motions are directed is one brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare by which the claimant...
Views: 1
This is an action brought by a citizen of the State of Florida for recovery of damages suffered as a result of the claimed negligence of the Defendants. The Defendant, State of Vermont, has moved for the dismissal of the suit on the ground that it falls within the prohibition of the 11th Amendment of the Constitution of the United States. The Plaintiff argues that the State of Vermont should no...
Views: 0
The complaint alleges that plaintiff, Dauphin Corporation, bought from defendant Redwall Corporation a $462,500 note of the Pineda Club, Inc., and issued in payment 120,130 shares of Dauphin stock having a book value of $462,500. Both the note and certain lands, which constituted the only asset of the Pineda Club, Inc., were, according to the complaint, fictitiously valued. The individual defen...
Views: 3
The complaint purports to allege a cause of action under Sections 12(2) and
*471
17(a) of the Securities Act of 1933, 15 U.S.C.A. §§
77l(2)
and 77q(a), and Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b) and Rule X-10B-5 thereunder. Jurisdiction is asserted under Section 22(a) of the Act of 1933, 15 U.S.C.A. § 77v(a), and Section 27 of the Act ...
Views: 0
This is a motion for a preliminary injunction brought by the plaintiffs, in which they seek to enjoin the performance of the investment advisory and underwriting distribution contracts heretofore entered into between the defendants Investors Diversified Services, Inc. and Investors Mutual, Inc. The action is one brought by the plaintiffs derivatively as stockholders of Investors Mutual, Inc., a...
Views: 0
Defendants Alleghany Corporation, Investors Diversified Services, Inc. and Investors Stock Fund, Inc. seek relief on this motion based on various grounds. First, that the action be transferred to the District Court of Minnesota for the convenience of witnesses and the parties (28 U.S.C. § 1404(a)), or, in the alternative, that the action be dismissed under the doctrine of forum non conveniens. ...
Views: 0
On the motion of the plaintiff, this Court issued an order on April 5, 1962 ordering a hearing for the purpose of:
(1) Determining whether the settlement of this action as proposed in the stipulation of settlement between the parties dated April 4, 1962 should be approved by this Court and whether the complaint should be dismissed with prejudice ;
(2) In the event of the approval of the aforesaid ...
Views: 0
This matter is before the Court on motion of the plaintiff Securities and Exchange Commission (“SEC”) for a temporary injunction and the appointment of a receiver. This relief is sought pursuant to section 20(b) of the Securities Act of 1933, as amended (“Act”), 15 U.S.C.A. § 77t(b), and jurisdiction is invoked under section 22(a) of the Act, 15 U.S.C.A. § 77v(a).
Defendant Bennett & Compa...
Views: 0
This matter comes before the Court on a hearing for a preliminary injunction. Plaintiff, the Wolf Corporation, asks the court to enjoin the Defendant, Securities and Exchange Commission, from prosecuting a “stop order” proceeding pursuant to section 8(d) of the Securities Act of 1933, as amended, 15 U.S.C.A. § 77h (d). Plaintiff asks the court for an order vacating and discontinuing such proceedin...
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Defendants D. E. Liederman and D. E. Liederman & Co., Inc. move under Rule 12(e), Federal Rules of Civil Procedure, for an order requiring plaintiff to separately state and number each claim alleged in the complaint for alleged violations of Sections 5 and 12(2) of the Securities Act of 1933, as amended, and also for an order requiring plaintiff to make paragraphs “TENTH”, “TWENTIETH”, “THIRTIETH”...
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This is a motion made by defendants Arthur Dilbert and Samuel Dilbert, pursuant to Rule 56’ of the Rules of Civil Procedure, for summary judgment in favor of said defendants (a) dismissing the complaint, (b) declaring that neither the validity nor the enforceability of the stock purchase agreement of March 10, 1961, annexed to the amended complaint, and the plaintiffs’ guaranty of defendant Abraha...
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This is a civil action brought by the Securities and Exchange Commission under Section 22(a) of the Securities Act of 1933, 15 U.S.C.A. § 77v(a), in which the Commission charges that the defendants, Albert F. Green, a resident of the State of Florida, and Orange Grove Tracts, a corporation organized under the laws of the State of Delaware in 1962, are engaged and are about to engage in acts and p...
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Plaintiff moves for an order enjoining defendant from prosecuting an action for declaratory judgment now pending in the United States District Court for the District of Massachusetts (Boston). Defendant cross-moves under 28 U.S.C. § 1404(a) for an order transferring this suit from New York to Boston on the ground that such transfer will be for the convenience of the parties and witnesses and in...
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This prosecution is laid under the provisions of the Securities Act, and charges violations of Section 17(a) and Section 5(a) (2) of that act, (15 U.S.C. §§ 77q(a), 77e(a) (2)) and violations of the mail fraud statute, 18 U.S.C. § 1341. The indictment contains thirty counts, the first of which sets forth in detail the alleged scheme to defraud employed by the defendant in the operation of the A...
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This is a motion by plaintiff pursuant to Federal Rule 41(a) (2) for an order of voluntary dismissal of these anti-trust actions. Plaintiff originally instituted the actions against these and other defendants in the Eastern District of Pennsylvania. Defendants Select Operating Corporation and United Booking Office, Inc. there moved to dismiss on grounds of lack of in personam jurisdiction, and imp...
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This is a motion directed to the United States Government to return documentary materials properly obtained through subpoenas during a grand jury investigation in which true bills were returned, pleas entered and sentences imposed. The Government is prosecuting the petitioner in a civil action under the Sherman Antitrust Law and is desirous of using the documentary materials obtained in the gra...
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Page 5411
Schwager-Wood Corporation, 1 one of the defendants in this cause, has moved to dismiss the complaint on the ground of improper venue and has also moved to dismiss the complaint and quash service of process on the further ground that this Court does not have personal jurisdiction over Schwager-Wood Corporation for the reason that said corporation has not been properly served with process. The ...
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The plaintiffs seek a preliminary injunction which, in effect, would require the National Broadcasting Company to disregard a provision in its contract with the National Football League, whereby the Broadcasting Company agreed to exclude from the national telecasting of the League championship game, a seventy-five mile radius of Yankee Stadium, New York, the site of the game, scheduled for this...
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In the course of several pretrial discovery motions in this Government civil antitrust case, the Court is presently called upon to rule upon plaintiff’s motion, made pursuant to Rule 34 of the Federal Rules of Civil Procedure, for an order requiring the defendant to produce and permit plaintiff’s inspection and copying of 118 specific documents listed in the notice of motion. In his affidavit i...
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This case is before the Court upon a motion under Rule 34 to produce a typewritten statement given by a witness who is being deposed in the course of the National Deposition Program in a number of electrical equipment antitrust actions pending in this court. The background is as follows: W. G. Lewis, the witness, is the manager of sales of circuit breakers for the Allis-Chalmers Manufacturing Comp...
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This action comes before the Court on the motion of defendants Time, Inc. and Life Circulation Co. for a summary judgment in their favor. Life Circulation Co. is a wholly owned subsidiary of Time, Inc. and handles the nationwide subscription activities of the parent company. They will be referred to herein as Time and Life. Plaintiff alleges in his complaint, among other matters, the following: “2...
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During the taking of the deposition of Brenan R. Sellers at Chicago before the undersigned Deposition Judge November 13-14, 1962, as a part of the National Deposition Program in the above captioned cases, application was made for production of and release to plaintiffs’ attorneys of the transcript of the Philadelphia Grand Jury testimony of the deponent. The application was reaffirmed by formal mo...
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This Court has carefully reviewed the transcript of the testimony presented at the hearing on the preliminary temporary injunction in this matter on June 14th and June 15th, 1962, and also the briefs filed by counsel for the plaintiff and the defendant. The plaintiff brings action under the “Dealer’s Day in Court Act”, 15 U.S.C.A. §§ 1221-1225, which authorizes suits by dealers against automobi...
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216 F. Supp. 250 (1962)
UNITED STATES of America, Plaintiff,
v.
MORTON SALT COMPANY, International Salt Company, and Diamond Crystal Salt Company, Defendants.
No. 4-61 Civ. 162.
United States District Court D. Minnesota, Fourth Division.
November 20, 1962.
*251 *252 NORDBYE, District Judge.
The defendants filed a post verdict motion on July 30, 1962, in 4-61 Criminal 65 seeking the return and sup...
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The complaint in this case was filed by the United States on February 17, 1961. On January 3, 1961, Koppers Company, Inc., acquired the controlling stock interest in Thomas Flexible Coupling Company. The complaint alleges that the acquisition is in violation of Section 7 of the Clayton Act, 15 U.S.C.A. § 18. The preparation and trial of the case has proceeded with dispatch. Counsel for the part...
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This is a civil antitrust action brought by the United States against Bliss & Laughlin, .Incorporated, of Harvey, Illinois, defendant, for alleged violation of Section 7 of the Clayton Act (15 U.S.C.A. § 18). Plaintiff alleges that the defendant’s purchase of the assets of Sierra Drawn Steel Corporation in February, 1960, then located at Los Angeles, California, may tend to substantially lessen...
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The plaintiffs, trading as Ernest Jones Co., are before this court seeking injunctive relief. The Ernest Jones Co. is a dealership which sells and services Ford Motor Co. products by virtue of a franchise agreement between the parties. The franchise has existed in the plaintiffs or their predecessors in title since 1933. At this time the defendant wishes to terminate the agency relationship, and h...
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This is an action under the Automobile Dealers Franchise Act to recover damages for an alleged lack of good faith in not renewing an automobile dealership franchise agreement at the time of its expiration, 15 U.S.C.A. §§ 1221-1225.
Upon jury trial, verdict was returned in favor of the plaintiff in the amount of $20,000.00 as damages and loss of net profits based on the franchise not. being...
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This is a motion by the Government for interpretation and enforcement of a provision of a consent judgment entered in this court in 1948, in a case brought under sections 1 and 2 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C.A. §§ 1, 2, involving certain nickel products and nickel-bearing material. The motion is predicated upon paragraph X of the judgment which provides that
“Juri...
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A motion wherein the moving defendants demand that the court enter a judgment against them containing all the provisions necessary to prevent and restrain the violations of the Sherman Act (15 U. S.C.A. § 1 et seq.) complained of and whereto the plaintiff, United States of America, enters vigorous opposition presents a unique, if not unprecedented, situation. This seeming abandonment of the tradi...
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Action under Section 7 of the Clayton Act to enjoin the consummation of the acquisition of defendant Ed. Schuster & Co., Incorporated, by defendant, Gimbel Brothers, Inc.
The defendant, Gimbel Brothers, Inc. (hereinafter called “Gimbels”), is a corporation organized and existing under the laws of the State of New York with its principal office in New York City, New York. It operates depart...
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On March 14, 1961, plaintiff filed a five count complaint, two counts allegedly arising under the Sherman and Clayton Acts, 15 U.S.C.A. § 1 et seq., one count allegedly arising under the patent laws of the United States, and two counts, based upon allegations of diversity of citizenship, allegedly' arising under the Donnelly Act of the State of New York (General Business Law, McKinney’s Consol....
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In this antitrust action, defendants’ motion to dismiss the complaint has presented the Court with the following issue:
Does a stipulation entered into by the parties on November 4, 1957 during the course of a prior suit
1
and the dismissal of that action in accordance with the terms of the stipulation compel us likewise to dismiss the instant complaint ?
The details of the...
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Defendants, Fred D. Brown and Fred J. Purdy, have moved to have Count One of the indictment dismissed as to them pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, 28 U.S.C.A. on the ground that Count One does not state facts sufficient to constitute an offense against the United States by said defendants, or in the alternative, for an order directing the United States to elect bet...
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This action was brought in this Court for an injunction and damages under the “Dealer’s Day in Court Act,” 15 U.S.C.A. §§ 1221-1225. Plaintiffs sought to restrain termination of their franchise to sell and service Ford Motor products. Since the agency has been terminated by Ford Motor Company during the pendency of the action, they now seek (in addition to their claim for damages; not presently at...
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At the conclusion of the extensive argument of this motion, the Court expressed a tentative view that the matter was not ripe for summary disposition under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. Since then, a careful reading of the voluminous affidavits and exhibits in support of and in opposition to the motion, as well as consideration of the authorities, has confirmed the C...
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On defendant’s motion for leave to inspect and copy documents under F.R. Civ.P. 34, 28 U.S.C.: This is a Government civil antitrust action to enjoin violations of sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1, 2. Prior to the commencement of this action, the Government caused an investigation of practices prevailing in the hypodermic syringe industry to be made, and in pursuit of that inve...
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This matter coming on to be heard to determine the amount to be allowed plaintiff as a reasonable attorney’s fee pursuant to the Mandate of the Court of Appeals for the Seventh Circuit (opinion reported at 272 F.2d 1), and on the terms of an order entered by that court on February 16, 1962, and this court having heard and examined the admissible evidence offered by plaintiff, the verified petition...
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The Federal Trade Commission filed its application for an order requiring respondents to testify and produce documentary evidence in an investigation initiated by it.
As authority for its position, it urges the application of Section 9 of the Federal Trade Commission Act (15 U.S.C.A. § 49).
The Federal Trade Commission, in its investigation to determine whether the respondents are or have been eng...
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Defendant has moved for summary judgment as to all claims in this treble damage action under the antitrust laws (15 U.S.C.A. §§ 1, 2, 14, 15 and 22) and, in the alternative, for dismissal of the complaint for failure to state claims upon which relief can be granted.
Previously, D.C., 194 F.Supp. 502, this Court sustained defendant’s motions to dismiss that part of the complaint based on al...
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On March 2, 1962, the defendants filed their motion for production of documents under Fed.Rules Civ.Proc. Rule 34, 28 U.S.C.A. Generally, it requested the production for inspection and copying of unprivileged documents (unspecified) relating to matters set forth in the Amended Complaint in the possession, custody or control of plaintiff. Requests 1, 2 and 3 related to the period from January 1, 19...
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The defendants move to dismiss an indictment. The Connecticut Package Stores Association, Inc., New Haven Package Stores Association, and six individuals have been indicted by the Grand Jury for having conspired and combined to fix and maintain the retail prices of alcoholic beverages sold in package stores by raising and fixing retail markups and margins of profit through coercion and intimidatio...
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At the conclusion of plaintiff’s evidence, four motions for a directed verdict under Rule 50 of the Federal Rules of Civil Procedure, 28 U.S.C.A. were filed. One motion was filed on behalf of the TCF Film Corporation, Twentieth Century-Fox Film Corporation, Loew’s Incorporated, Paramount Film Distributing Corporation, Paramount Pictures, Incorporated, RKO Pictures, Incorporated, Columbia Pictures,...
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Defendants in 418 related treble damage actions
1
brought under the Clayton Act (15 U.S.C.A. § 15) have moved under Rule 12(f), Fed.R.Civ.P., 28 U.S. C.A., to strike material from plaintiffs’ complaints. Plaintiffs are public utilities, state and local governmental agencies or units and industrial corporations. Defendants include large national manufacturers of heavy electrical equip...
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Invoking jurisdiction under section 4 of the Sherman Act, (15 U.S.C.A. § 4), the plaintiff seeks that the defendants be enjoined from carrying out an agreement of merger or consolidation charging that the defendants are engaged in ap *458 unlawful combination, monopolization and attempt to monopolize interstate trade and commerce in violation of section 1 and section 2 of the Sherman Anti-Trust...
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This is a motion by plaintiff for the production and inspection of documents under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
For many years, defendant, a manufacturer of machinery used in the production of shoes, made available to shoe manufacturers its more important machinery on a “lease only” basis. In 1947, the Government filed a complaint against defendant under § 4...
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Schwager-Wood Corporation,
1
one of eight defendants in this two-count treble damage antitrust cause, has moved to quash the return of. service on it and to dismiss the cause,
2
on the ground it is not subject to service in this District. It is an Oregon corporation, and assertedly transacted no business here and maintained no office in the District.
The affidavit of ...
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This is a civil antitrust treble damage suit against some seventeen corporations and some twenty-six individuals. Twelve motions seeking to quash service of summons and/or dismiss have been filed, covering most of the individual defendants.
1
Joint briefs by the moving defendants have been filed, and oral argument had, asserting the bases of the motions to be that (1) the individua...
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Defendant has moved for summary judgment in its favor on plaintiff’s three-count complaint. The first two counts are based upon §§ 2, 3, 14 and 15, Title 15 U.S.C.A., of the Federal antitrust laws, and the third count is an action for breach of contract under Maryland law.
FACTS:
Plaintiff is a Maryland corporation, engaged in the business of a wholesale distributor of beer in Annapol...
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This is a civil action brought by the plaintiff under the Clayton Act, 15 U.S. C.A. § 15, to recover treble damages allegedly sustained by him as a result of an alleged conspiracy on the part of the defendants in violation of section 1 of the Sherman Act, 15 U.S.C.A. § 1.
The defendants filed timely motions to dismiss the action on the grounds (1) that the plaintiff had failed to state a claim upo...
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Certain of defendants have moved, under Rule 12(b), F.R.Civ.P., 28 U.S.C.A., to dismiss the six antitrust counts of plaintiffs’ twenty count complaint, contending that they fail in a number of respects to state a claim upon which relief can be granted.
The complaint was filed by a number of plaintiffs, each of whom alleged that he became a “Carvel” franchised dealer engaged in the sale at ...
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Plaintiff brought this action for breach of contract seeking to recover damages from a former distributor of its products in the Youngstown, Ohio, area, alleging non-payment of account and failure to make a security deposit as called for in the contract. To this complaint defendant filed a motion for leave to bring in additional parties defendant and an answer and four counterclaims. The first cou...
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The above-entitled matter came on for hearing before the undersigned, one of the Judges of the above-named Court, at a Special Term thereof, at St. Paul, Minnesota, on the 28th day of May, 1962, upon the motion of defendant to dismiss count one of the complaint, or, in the alternative, for summary judgment on that count.
Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minnesota, by Curtis L...
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Separate motions
1
have been filed to strike allegations in the respective complaints pertaining to references to the Government’s prior criminal and civil proceedings.
2
*716
The motion in 61 C 1277 and related cases, pursuant to Rule 12(f), is for an order striking all allegations concerning or summarizing prior criminal indictments of, and judgments against, ...
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This is an action to review and set aside alleged illegal orders of the Federal Trade Commission, for a declaratory judgment and a permanent injunction.
Plaintiff has moved for a summary judgment and defendants have moved to dismiss or in the alternative for a summary judgment.1 The complaint, motion papers, including affidavits and exhibits, and the statement of material facts as to which there i...
Views: 0
211 F.Supp. 729 (1962)
COMMONWEALTH EDISON COMPANY et al., Plaintiffs,
v.
ALLIS-CHALMERS MANUFACTURING COMPANY et al., Defendants.
Civ. A. No. 61 C 1277 and related cases.
United States District Court N. D. Illinois, E. D.
October 30, 1962.
Plaintiffs' counsel:
Charles A. Bane, Robert F. Hanley, Thomas L. Nicholson, Richard E. Powell, Isham, Lincoln & Beale, Max Swiren, Neil Flanagin, Chicago...
Views: 0
This matter comes before the Court on a motion by the defendant, General Electric Company, for modification of certain statements appearing in a memorandum opinion entered July 19, 1962, and for the clarification of other portions of the opinion. The only matter which requires any extended comment is a request for clarification of a statement to the effect that the defendant’s claim of privilege ...
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There is presently before the Court a motion for the production of the transcript of the testimony of A. C. Allen, Sales Manager of defendant, Wagner Electric Corporation, before a Grand Jury of this Court. Mr. Allen was deposed as the first witness in the national deposition program for the civil antitrust actions for damages brought against the nation’s heavy electrical equipment manufacturer...
Views: 1
In an opinion reported as Jewel Tea Co. v. Local Unions, etc., 274 F.2d 217 (7th Cir., 1960) the complaint in this case survived defendants’ attack. That opinion, describing the nature of this action, also examines significant elements of the complaint. It should, however, be noticed that the Court of Appeals was simply evaluating and testing pleadings on an interlocutory appeal. After af-firmance...
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The plaintiffs are retail farm equipment dealers doing business in Idaho and Utah.
The defendant Massey-Ferguson Inc. is a Maryland corporation qualified to do business in most states of the United States, including Utah. It manufactures and distributes farm and industrial equipment and operates certain company stores in Utah and Idaho which are involved in plaintiffs’ claim. Massey-Fergus...
Views: 1
This is a motion by the Government to strike six affirmative defenses. Defendant is engaged in the manufacture and sale of vitamin and drug products. In 1957 the Federal Trade Commission entered a cease and desist order, on defendant’s consent, whereby defendant was prohibited from making certain specified representations and engaging in certain practices in the sale of vitamins and other article...
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This matter is before the Court upon the motions of Lapp Insulator Company,, Inc., one of eight defendants in these-treble damage actions, to dismiss these actions as to said defendant on the ground that venue is improper in the Southern District of Ohio.
The defendant Lapp Insulator Company, Inc. (hereinafter referred to as Lapp) is incorporated in the State of New York and asserts that i...
Views: 1
The United States of America, as plaintiff, seeks an adjudication that the defendant, Utah Pharmaceutical Association, has engaged in activities which have violated Section 1 of the Sherman AntiTrust Act, 15 U.S.C.A. § 1, and
enjoining
by decree of court the continuation of these activities.
The defendant is a nonprofit corporation, organized under the laws of the State of Utah,...
Views: 0
This action was brought by plaintiff to recover treble damages pursuant to Section 4 of the Clayton Act (15 U.S.C.A. § 15), which he alleges were sustained as a result of the defendant’s violation of Sections 1 and 2 of the Sherman Act (15 U.S.C.A. §§ 1-2) and Section 7 of the Clayton Act (15 U.S.C.A. § 18) as amended.
At the time of the trial plaintiff was permitted to amend his complaint...
Views: 0
This is a non-jury action commenced by plaintiff under the Sherman Act of Congress1 wherein plaintiff, a Minnesota corporation, seeks to recover damages and other relief. Prior to trial, the plaintiff moved to dismiss the action as to defendants John B. Friedrich, 20th Century-Fox Film Corporation, United *746Artists Corporation, and Paramount Film Distributing Corporation, and agreeable to all pa...
Views: 0
This action was brought under the anti-trust laws, 15 U.S.C.A. §§ 1-7, 15 and under the Automobile Dealers’ Franchise Act, 15 U.S.C.A. § 1221 et seq., claiming damages as a result of the termination of plaintiff’s franchise agreement as an automobile dealer with defendant Ford Motor Company. The action under the anti-trust laws was dismissed as to both defendants at the close of plaintiff’s cas...
Views: 1
There are pending before the Court in the above-entitled actions motions for judgment notwithstanding the verdicts, or in the alternative for a new trial.
Action #34705 charges a conspiracy to restrain and monopolize trade and commerce in violation of Sections 1 and 2 of the Sherman Anti-Trust Act, 15 U.S. C.A. §§ 1 and 2; and action #35663 charges a conspiracy to restrain trade in violati...
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This is a motion to review taxation of costs in the above actions. The costs have been taxed by the Clerk only in those cases in which a final judgment was directed to be entered on behalf of the defendants. There are four actions which still await trial on the issue of damages. In those cases no costs have been taxed. There were originally nine lawsuits, in which there were a total of twelve set...
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The present issue is whether the court should modify the consent decree herein upon the claim of the defendant that there has been a substantial change in the competitive situation existing at the time of its entry.
The Lucky Lager Brewing Company relies upon principles set out in United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932), to support, and the Government ...
Views: 1
This is a motion for an order striking out the complaint of all the plaintiffs herein and dismissing all causes of action on the ground of plaintiffs’ failure to comply with the order of this Court, dated October 8, 1962, directing each plaintiff herein to file security for costs in the sum of not less than Five Hundred ($500.00) Dollars within ten (10) days of the date of said order. A hearing wa...
Views: 1
The Bridgeport Brass Company, a Connecticut Corporation (hereafter Bridgeport), one of eleven corporate and seven individual defendants charged with having engaged in an unlawful combination and conspiracy beginning at least in 1956 and continuing at least until sometime in-1961 in violation of § 1 of the Sherman Act by an indictment returned on September 12, 1962, moves to dismiss the indictme...
Views: 0
This is a Government civil antitrust action based upon alleged violations of Sections 1 and 2 of the Sherman Act.
The plaintiff noticed a motion, returnable on November 13, 1962, under the provisions of Rule 37(b) of the Federal Rules of Civil Procedure, seeking an order requiring the defendant to comply with an order of this Court dated April 30, 1962, and for such other and further relief provid...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action having been tried by the court without a jury, the court hereby finds the facts and states its conclusions of law as follows: FINDINGS OF FACT 1. The plaintiff, Brian Jackson Associates, Inc., is an Arizona corporation and the owner, by assignment, of all right, title and interest in and to Redmond Patent No. 2,895,821. 2. At the time of the tria...
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This is a motion for a preliminary injunction. In the underlying action, plaintiff alleges copyright infringement and seeks a permanent injunction, damages and other relief. Jurisdiction is vested in this Court by reason of 17 U.S.C.A. § 112 and 28 U.S.C.A. § 1338.
The copyrights allegedly infringed cover certain educational toys, books, puzzles and games designed for children, and plaintiff, as c...
Views: 1
This motion is a companion motion to that made in Platt & Munk Co., Inc. v. Republic Graphics, Inc., 62 Civ. 1003, D.C., 218 F.Supp. 262. In the case at bar, plaintiff similarly seeks preliminary injunctive relief to restrain defendants from infringing plaintiff’s copyrights by selling goods which bear plaintiff’s trademarks and copyright notices. Motion granted.
It appears that defendants...
Views: 0
Plaintiff’s complaint is in notice and demand form, but her apparent claim assumes a form of narrative life through
*454
her discovery deposition taken by the defendant.
It seems that the defendant manufactures and sells to dealers through interstate commerce for resale to the public a liquid disinfectant and cosmetic product under the trade name of “Hexol” and that Hexol cont...
Views: 0
This is an action for a declaratory judgment. Plaintiff and defendant are manufacturers of neckties. United States Letters Patent to Helmut Hertz, No. 2,611,900 was issued September 30, 1952 on his application for a necktie of certain construction. The application was assigned by him to the defendant December 3, 1951. The plaintiff claims the patent is invalid for reasons set forth in the complain...
Views: 0
FINDINGS OF FACT 1. This is an action brought under 35 U.S.C. § 145 in which plaintiff, Hershey Lerner (a citizen of the United States), as the applicant is an application for patent entitled “Disposable Staple Element Container Cartridge.” Serial No. 496,-133, filed March 23, 1955, and plaintiff, Inventions Management Corporation, as *82the assignee of that application, seek to have the Court aut...
Views: 0
This is an action for patent infringement, arising under the patent laws of the United States. This Court has original jurisdiction under the provisions of 28 U.S.C. § 1338(a). The plaintiff is the Comiskey Engineering Co., Inc., an Illinois corporation, with its principal place of business at Mena, Arkansas. It is engaged in manufacturing and selling motorcycle accessories, including motorcycle w...
Views: 0
This is an action in which the plaintiff seeks a declaratory judgment of invalidity of United States Patent No. DES. 184,809 on a Combination Sofa Bed and Desk Unit issued April 7, 1959 to the defendant as assignee of the inventor Louis Elliott Frey, and of non-infringement of the single claim thereof. The defendant has filed a counterclaim for patent infringement of this patent and unfair competi...
Views: 0
The plaintiff herein sues the defendant for infringement of United States Patent No. 2,929,109, dated March 22, 1960, the original application having been filed in United States Patent Office December 30, 1954.
The defendant answers and counterclaims, seeking judgment of invalidity of the patent and non-infringement.
During the year 1954 plaintiff experimented in methods of making articles of cert...
Views: 0
This is an action for alleged patent infringement. Defendant has moved, pursuant to Rule 12(b) (3), Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the complaint on the ground that plaintiff has failed to comply with the venue requirements of 28 U.S.C. § 1400 (b). Since plaintiff has chosen to submit no affidavit in opposition to the motion, defendant’s affidavits in support thereof sta...
Views: 1
Plaintiff, Turbo Machine Company, brought suit against Proctor & Schwartz, Inc., for a declaratory judgment that the manufacture, sale and use of its dye-boarding machines for the finishing of ladies’ hosiery does not infringe the defendant’s patent. Turbo is a Pennsylvania corporation and its principal place of business is at Lansdale, Pennsylvania. Proctor & Schwartz is a Pennsylvania corporatio...
Views: 1
Plaintiff in this action alleges that in 1950 defendant wrongfully acquired and began using certain trade secrets, the property of plaintiff, relating to radioactive measuring devices known as “beta gauges.” It further alleges that on April 1, 1958, a patent was issued to defendant embodying principles involved in plaintiff’s trade secrets and that up to the time of the issuance of the patent, def...
Views: 1
On September 13, 1960, I granted the motion of the plaintiff to amend its complaint against Cotwool Manufacturing Corp., Judson Mills Division, by adding Deering Milliken Research Corp. and Whitin Machine Works as parties-defendant. On September 14, 1960, evidently before counsel for the defendants Milliken Research Corp. and Whitin Machine Works received a copy of this Order, which was filed o...
Views: 1
This is an action for alleged infringement of plaintiff’s United States patents Nos. 2,803,105, 2,803,108 and 2,803,109 relating, to yarn texturizing machinery and methods of using such machinery.
The case is now before me upon a motion by defendant Deering Milliken Research Corporation to enjoin plaintiff Leesona Corporation from taking further steps in prosecuting its claim against Schwa...
Views: 1
This is an action for patent infringement. The patent was issued on September 21st, 1954 (No. 2,689,450) to plaintiff Karl Stiegele for an expansible bracelet. Plaintiff Speidel Corporation *319has an exclusive license to the patent and has been engaged in the manufacture and sale of expansible watch bracelets since 1932. Defendant Joseph Moore has imported watch bracelets from Japan under the fir...
Views: 0
This is an action for alleged copyright infringement of plaintiffs’ plays by the book and motion picture “The Blackboard Jungle,” which deal with the problems of a teacher in a New York City vocational high school. Plaintiffs are Morris Bertram Burnett (“Burnett”), a citizen of New York 1 , and Frederick Stephani, a citizen of California. Defendants are Salvatore Lambino, who uses the pen name ...
Views: 2
This action is one based on alleged patent infringement and a claim of unfair competition. Plaintiff is the holder of U. S. Letters Patent No. 2,633,107; the corporate defendant is the manufacturer of the boilers which are alleged to have infringed the patent; and the original individual' defendants, Frank I. Boarman and Harry J. Loughney, owned all the stock of defendant corporation *386at the ti...
Views: 0
This action is one based on alleged patent infringement and a claim of unfair competition. Plaintiff filed a Motion For Summary Judgment or, in the Alternative, For a Separate Trial on the issue of res judicata (see Document No. 42), its position being that the issues of validity and infringement here involved have been finally determined in its favor as between the parties by the decision in Manv...
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PLEADINGS
On April 20, 1960, Plaintiff filed a Complaint for a judgment declaring it does not infringe any claim of Patent No. 2,918,113; a judgment declaring Patent No. 2,918,113 invalid; an injunction restraining Defendant from asserting that any claim of Patent No. 2,918,-113 has been or is being infringed by Plaintiff or Plaintiff’s customers; an award of damages sustained by Plaintiff...
Views: 0
This is an action for a declaratory judgment brought pursuant to 28 U.S.C. § 2201,- to determine the ownership of the renewal copyright of the song, “Miss You.”
The lyrics and music for this song were written by the three individual plaintiffs herein, and plaintiff Tobey Music Corporation is a personal corporation to which they now purport to have assigned the song’s renewal copyright. Def...
Views: 1
This matter is before the Court on plaintiffs’ motion for preliminary injunction. After hearing, the Court makes the following
FINDINGS OF FACT
1. The plaintiff, Weiner & Gossage, Inc., hereinafter called “Weiner”, is a California corporation with its principal place of business at San Francisco, California, and is a citizen of the State of California.
2. The plaintiff, Eagle...
Views: 0
Plaintiff brings this action claiming copyright infringement under 17 U.S. C. § 101 and unfair competition under 28 U.S.C. § 1338(b). Both plaintiff and defendant have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U. S.C. The plaintiff is a well-known designer of costume jewelry and boutiques. His creations have a reputation for originality and novel...
Views: 1
Plaintiff Royalty Designs, Inc. (Royalty) is the owner of two copyright registrations (numbers Gpl6890 and ,Gpl6892) issued May 7, 1958 for plastic molded toy coin banks in the shape of dogs. One registration is for a bank in the shape of a Boxer and the other for a bank in the shape of a Cocker Spaniel. Plaintiff has manufactured and sold its copyrighted banks since November, 1957. Copyright n...
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This action arises under the patent laws of the United States. Plaintiff, Bis-sell Inc. (hereinafter referred to as “Bis-sell”), is a Michigan corporation having its principal place of business at Grand Eapids, Michigan. It is the owner by assignment of Patent No. 2,975,462 (hereinafter referred to as Patent ’462) and Patent No. 2,976,559 (hereinafter referred to as Patent ’559). Defendants, E....
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Plaintiff, Paul E. Thies, of Nebraska, is the patentee.1 Prior to 1953 Thies had been a journeyman plumber, a master plumber and proprietor of a plumbing', heating and electrical contracting business. He also had experience as a salesman for The Capital Supply Company, of Lincoln, Nebraska. Plaintiff William Harvey is the exclusive licensee for the United States of the Thies patent, with the right...
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This is a suit for the alleged infringement of Design Patent No. 183,845, issued November 4,1958, to the plaintiff as assignee of John N. Liautaud for the design of “An Eye Protective Industrial Spectacle Frame Front.” In its complaint the plaintiff alleges that after notice the defendant has infringed and is infringing said patent by making and selling eye protective industrial spectacles under i...
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This case involves claims by plaintiff for infringement of patents relating to electrostatic spray-coating systems, and counterclaims by defendants for declarations that said patents are invalid, and are not infringed. The actual devices developed by plaintiff and defendants are used solely in the field of electrostatic painting, and except with respect to a discussion of the prior art, only th...
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This is an action for damages for alleged infringement of Bain Patent No. 2,667,750. The patent covers a “method and apparatus for sinking mine shafts”, and v/as issued February 2, 1954. After the complaint was filed the plaintiff, a resident and citizen of St. Louis, Missouri, consented to the intervention of the Blaw-Knox Company, a Delaware corporation, and the intervening defendant became the ...
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This is a habeas corpus proceeding brought on the petition of the relator, Herman Marks, challenging the lawfulness of his detention by the respondent under an order of deportation by the Attorney General, and seeking the determination of this court whether, by operation of Section 349(a) (3) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1481(a) (3), he has lost his native-born Amer...
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This is an action brought under 28 U.S.C.A. §§ 2201, 2202, in which Plymouth Rubber Company, Inc. seeks declaratory relief against Minnesota Mining and Manufacturing Company. Plaintiff seeks a determination that Minnesota’s Oace Reissue Patent, No. 23,843, is not infringed by “Slipknot,” plastic electrical insulating tape manufactured and sold by Plymouth, and, also, requests an injunction agai...
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This is a motion by plaintiff, Prestige Floral, Societe Anonyme (“Prestige”) for a preliminary injunction. The defendant, Zunino-Altman, Inc. (“Zunino”) has moved to vacate the ex parte temporary restraining order granted by Judge MacMahon on November 3, 1961.
The motions under consideration here arise from an action commenced by the plaintiff on November 3, 1961.- The complaint in this ac...
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This is an action to recover damages for the alleged infringement of United States Patents No. 2,110,893 dated March 15, 1938 (hereinafter referred to as the ’893 patent), No. 2,136,957 dated November 15, 1938 (hereinafter referred to as the ’957 patent) and No. 2,197,622 dated April 16, 1940 (hereinafter referred to as the ’622 patent) relating to the coating of one metal with another *655metal b...
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I. Introduction.
This action was brought by the plaintiff for the purpose, among others, of reviewing a decision of the Patent Office Trademark Trial and Appeal Board which sustained the defendant’s opposition to the registration by the plaintiff of the trademark SUPREME for vodka. The opposition was based upon defendant’s prior and continuous use of the unregistered trademark BOURBON SUPREME for ...
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Page 5562
This action, instituted on June 21, 1961, charges infringement of U. S. Letters Patent No. 2,932,058,. dated April 12, 1960, issued upon the application of Earl L. Childers filed on November 5, 1957, and now owned by plaintiff, and entitled “Apparatus for Separating Meat from Bone”. Unfair competition is charged also. On January 18, 1957, one Adoniram J. Churchill filed an application for U. S. Le...
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The nature of this declaratory judgment action is fully disclosed in this Court’s opinion, (1961) D.C., 194 F.Supp. 339, holding that the motion of defendant-counterclaimant (patentee) for preliminary injunction against plaintiff (alleged infringer) should be denied. The case has now been fully tried upon the issues of patent validity, infringement and unfair competition. This opinion is in lieu o...
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Several motions made after verdict are pending and a proposed form of Judgment has been submitted, to which objections are pending. These matters raise as a primary question, what is the “better practice” 1 for the District Court to follow in a case such as this in the light of the pronouncements of the Supreme Court and of the Court of Appeals for this, the Ninth Circuit? The cases to which refer...
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Plaintiffs have brought this action against the General Motors Corporation, defendant, hereinafter referred to at times as the Corporation, for damages for alleged pirating of plaintiffs’ devices and ideas, submitted by plaintiffs to it. These devices and ideas concern such articles as sun visors and reclining seats, together with exploratory and descriptive material relating thereto, stressing c...
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FINDINGS OF FACT.
The Parties and Jurisdiction.
1. Plaintiff, Angel Research, Inc., hereinafter also referred to as “Angel”, is a corporation of the State of Illinois, with its principal place of business in Chicago. Prior to filing of the Declaratory Judgment Complaint herein, • Plaintiff engaged in the manufacture and sale of chemical compositions useful in the powderless etching of photo-engrav...
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This is an action for alleged infringement of a trademark under which the plaintiff claims the exclusive right to the use of the word “BARODA”. Plaintiff seeks a permanent injunction against the defendant restraining it from using the word “BARODA” in connection with its products and an accounting for profits and damages.
Defendant in its answer admits the use of the mark “IMPORTED BARODA”...
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Page 5568
Count I of the complaint in this action seeks a declaratory judgment decreeing that the “Eisbein patent for developing apparatus” owned by defendant is invalid, and that the diffusion transfer photocopy machines made and sold by plaintiff do not infringe it. Defendant has moved to dismiss Count I on the grounds (a) that the court lacks jurisdiction over the subject matter, and (b) that the comp...
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This is an action to secure a declaratory judgment in respect to the validity of defendant’s Patent No. Re. 24,799— Gasket and Pipe End Construction for Bell and Spigot Pipe. Defendant has filed a Motion to Dismiss, or, in the alternative, for Summary Judgment, on the grounds that no justiciable controversy exists between the parties under the patent laws, and therefore, in the absence of diversit...
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This is an action for patent infringement. The complaint alleges that plaintiff is the owner of a patent on a “coaxial cable connection,” that plaintiff’s product embodying that invention has been a commercial success, that defendant copied plaintiff’s product and made and sold products embodying the invention of plaintiff’s patent, thereby infringing the patent. The complaint asks for an accounti...
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Defendant moves to dismiss this action for patent infringement alleging that venue is improperly laid in this district.
Venue in patent infringement actions is determined solely by Title 28 U.S.C. § 1400(b). Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222, 77 S.Ct. 787, 1 L.Ed.2d 786 (1957). The provisions of venue for a non-resident corporation are that the alleged corporate i...
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In this patent infringement suit, in which the facts have been separately found, it has been concluded that the inventions of the patent were completely anticipated by a commercial article in public use and on sale for more than a year before the application was filed and that invention by the standard of 35 U.S.C. § 103 is not present. The field of the problem to which the devices of the patent a...
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(assigned).
This is a patent infringement case brought pursuant to 35 U.S.C. § 281, and 28 U.S.C. § 1338(a). The patents in suit involve the methods and apparatus to produce mineral wool. Defendants deny infringement and assert the invalidity of plaintiff’s patents.
Plaintiff, United States Gypsum Company, as assignee and owner of the patents No. 2,587,710 and No. 2,646,593 issued to Richard M. Do...
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This consolidated action was tried before the Court without a jury, solely
*97
on the issue of liability. It comprises actions by the plaintiffs, Alexander Hasapis, Santo Azzarello and John Szelwach for damages for personal injuries and an action for damages for the death of Oliver J. Blaber. The actions arise out of explosions on July 2, 1956 in the Metallurgical Laboratory of Syl...
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This action for declaratory judgment concerns the ownership of the renewal right in the copyright of a popular song entitled, “When It’s Sleepy Time Down South.”
Both the corporate plaintiff, Mills Music, Inc. (Mills), and the defendants claim the renewal rights through the plaintiff Clarence Muse, one of three coauthors. Mills alleges its claim arises from an assignment of “all right, tit...
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This is a patent suit in which the owners of the patent and the exclusive licensees are suing the Defendant, not only for patent infringement, but also for unfair competition and false marking of a patent number.
There is no question that this Court has jurisdiction of the parties and of the subject-matter of this suit under the appropriate statutes of the United States.
The patent in suit is Unit...
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The two defendant corporations move for an order staying the above-entitled action pending the outcome of a suit previously instituted by them, as plaintiffs, against Simon & Schuster, Inc. in the Supreme Court of New York, New York County.
1
The federal action, commenced July 27, 1962, alleges acts of copyright infringement and unfair competition, with resultant damages of $2,500,...
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This is an action arising under the-patent laws of the United States and at this stage of the proceedings important questions concerning discovery are raised. Plaintiff, American Cyanamid' Company is suing the defendant, Hercules Powder Company, for infringement of its Daniel Patent No. 2,595,935, alleging that plaintiff’s rights are infringed by Hercules’ sale of resin products under its subsequ...
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This action arises out of the deaths of the pilot and three other crew members of a scheduled passenger airliner which, on December 1, 1959, crashed on Bald Eagle Mountain near Williamsport, Pennsylvania. The plane was an Allegheny Airlines Martin 202, No. N-174A, and all of her passengers, except one, were killed. A motion for summary judgment made on behalf of the Martin Marietta Corporation ...
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This action, which arises under the Federal Food, Drug and Cosmetic Act, Title 21 U.S.C. § 301 et seq., was initiated on September 30, 1959 by the filing of a libel of information in the United States District Court for the Eastern District of Michigan. The libel alleged that the Republic Drug Co., Inc., of Buffalo, New York, had shipped in interstate commerce an article of drug labeled in part ...
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Judgment in favor of the defendant Opti-Ray, Inc. (Opti-Ray) is decreed, declaring claims 3 and 4 of Patent No. 2,816,666 and claims 3 to 9 inclusive of Reissue Patent No. 24,571, issued to Manuel R. Nadel, assignor of plaintiff, Comptone Co., Ltd. (Comptone), invalid for want of invention; and dismissing complaint insofar as it charges infringement of said claims. In respect of claims 1 and 2 of ...
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This is a patent infringement suit.1 The plaintiffs, Edwin A. Quinn and William Carey Pinkard, were issued United States Letters Patent No. 2,817,733 on December 24, 1957, for an invention in a safety switch.2 The plaintiffs contend that the defendant, Reed Unit-Fans, Inc., infringed their patent by making, selling and using a safety switch embodying the patented invention. The defendant denies th...
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This is an action brought by the plaintiff-patentee Freda Oelbaum for in
*596
fringement of United States Patent No. 2.817.089 issued to her on December 24, 1957 (hereinafter “Oelbaum patent”). The defendant is The Lovable Company (hereinafter “Lovable”), a manufacturer of brassieres and other ladies’ undergarments. Defendant denies infringement and validity of the Oelbaum patent a...
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S. W. Farber, Inc., the plaintiff, sued Texas Instruments, Inc., the defendant, for infringement of U. S. Letters Patent No. 2,926,230 which was issued to plaintiff as assignee of Hoyt K. Foster, the patent applicant. The subject matter of the patent is a detachable temperature regulating connector for an electrically heated device such as a cooking utensil. The combination patent is for the regul...
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This is a motion by defendant for summary judgment. The complaint alleges two claims: first, patent infringement and, second, unfair competition. Defendant originally moved for summary judgment on the first claim only; thereafter, but before final argument of the motion, it also applied for dismissal of the second claim for lack of pendent jurisdiction.
1
For the disposition of thi...
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Plaintiff, Allstate Insurance Company, an Illinois corporation authorized to do business in Louisiana, for many years has vigorously pursued the insurance business throughout the United States, A wholly-owned subsidiary of Sears, Roebuck and Co., its advertising expenditures for the years 1947 through 1960 were $41,331,915.65, with more than $8,000,000 expended in 1960 alone, of which $68,000 w...
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Plaintiff Scharmer devised and in 1959 was granted a patent (No. 2,886,-124) on a hood for kitchen ranges that had installed inside it a grease filter, deodorizer, suction unit and ductwork so arranged that the stovetop gases could be sucked in, purged of grease and odors and then recirculated to the kitchen through the louvred front of the hood, all without any connection to the outdoors. In exte...
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Defendant moves to dismiss for lack of jurisdiction the plaintiff’s action seeking a declaratory judgment of invalidity and noninfringement of defendant’s patent, alleging that the jurisdictional prerequisite of an actual controversy between the parties is lacking. Alternatively, the defendant moves for summary judgment dismissing the action for lack of jurisdiction and in the exercise of this ...
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This is an action for infringement of a common law copyright and unfair competition brought by Benjamin Herwitz, a citizen of the State of Massachusetts. The defendants are seven corporations and Jan Murray, all of whom were associated in some way with the television program “Treasure Hunt”. They are all citizens of states other than Massachusetts. Plaintiff had had no experience or connection ...
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Defendants move pursuant to Rule 12 (h), F.R.Civ.P., to dismiss the amended complaint for lack of jurisdiction of the subject matter. Plaintiffs have cross-moved for leave to serve a further amended complaint under Rule 15(a), F.R.C.P.
In order to dispose finally of the question of subject matter jurisdiction raised by defendants’ motion to dismiss, plaintiffs’ cross-motion to amend furthe...
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This is a suit for unfair competition and trademark infringement arising out of plaintiff’s ownership of the trademark BIG TOWN as applied to cakes.
The alleged infringing act complained of is defendant’s use of the trademark TOWNE as applied to food specialties.
The claim for unfair competition includes the trademark claim and additionally involves the particular style of print, background and co...
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This is a civil action in which the plaintiff, Lazzaro V. Villani, seeks a declaration that his patent, No. 2,908,023, is infringed by defendant’s patent No. 2,929,082. Plaintiff also seeks injunctive relief against further infringement, money damages on account of past infringement, money damages for unfair competition, and attorney’s fees. Plaintiff is a resident of, and defendant a corporation ...
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The above matter having come on for hearing and plaintiffs and defendants having presented testimony, and thereafter both parties having rested, and having filed memoranda of authorities, and the court having examined the authorities, the court is of the opinion that while the various constituent elements set forth in the patent are not new, the manner in which they are combined and utilized does ...
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Donald E. Marshall (Marshall or plaintiff) filed a three count complaint against The Procter & Gamble Manufacturing Company and The Procter & Gamble Distributing Company (Procter & Gamble or defendants). Defendants answered and counterclaimed for declarations the converse of plaintiff’s claims. During the course of the trial, the counterclaims were abandoned.
The third cause of action was for alle...
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The plaintiff manufactures and sells tire repair cartridges consisting of an elongated shell, somewhat like a rifle shell but open on both ends, and a cylindrical rubber plug compressed within the shell. It is the purpose of this shell, when used with an applicator, to dispense the rubber plug therein contained into an opening in the tire to repair the same. In order to re-use the metal shell it i...
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Plaintiff, owner of a patent, No. 2,815,846, issued upon a conveyor device used for controlling articles traveling over rollers so as to build a prearranged pattern on the pallet to be loaded by the total mechanism by means of a maneuverable obstruction on the roller passage, has brought this suit against defendant for infringement. By stipulation, the parties limited the action to a consideration...
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The complaint filed by plaintiff alleges trademark infringement and unfair competition. The background of the controversy as it was developed at the trial is important because our determination depends upon a viewing of the circumstances here present in their proper perspective. At first glance we seem to be confronted with a paradox. It appears on the surface that defendants are not literally ...
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This is a motion brought on by the defendant Brown Shoe Company seeking to dismiss the complaint pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C. on the ground that this court lacks jurisdiction over the subject matter. The action is one for declaratory judgment wherein plaintiff seeks (1) a determination that it has the right to. use the unregistered trademark “Apex N...
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In this action plaintiff timely demanded a jury trial. The defendant moved to *129 strike the case from the list of jury trials on the ground that the action is purely equitable. In my opinion the motion should be denied. The complaint alleges that defendant breached a confidential relationship between it and plaintiff and pirated his invention. These allegations disclose a tort action, 1 o...
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Plaintiff, Allstate Insurance Company, is incorporated in and has its principal place of business in Illinois. Defendants, individuals, all reside in and are citizens of Missouri, and the amount in contro*260versy exceeds $10,000 exclusive of interest and costs. Jurisdiction, therefore, attaches under 28 U.S.C.A. § 1332.
Plaintiff’s prayer that the court “declare the rights and duties of the plain...
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This is an action under the provisions of 28 U.S.C.A., §§ 1336,1398, 49 U.S.C.A. § 17(9), and 5 U.S.C.A. § 1009, to set aside an order of the Interstate Commerce Commission, dated December 14, 1961, by which the Commission denied the plaintiff’s claim for reparation of freight charges on numerous shipments of crude vermiculite. In its answer the United States stated that it would not participate i...
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This is a suit for the infringement of United States Patent Re. 24,642, relating to a therapeutic preparation for the treatment of iron deficiency anemia, reissued April 28, 1959. The plaintiff is Benger Laboratories Limited, a British corporation and owner of the patent by assignment from Messrs. London and Twigg, the inventors. The defendant, R. K. Laros Company (now, by a change of name, Pharm...
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This is an action brought by the United States of America as plaintiff to condemn a right of way across a parcel of real property owned by the defendant Utah Power and Light Company for the purpose of constructing a canal.
The use for which the real property is to be taken is stated in the complaint to be a public use in connection with the construction, operation and maintenance of the Willard Ca...
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FINDINGS OF FACT
1. This is an action for patent infringement, brought by plaintiff for infringement of claims 1 and 2 of United States Patent No. 2,738,992 which was duly and legally issued on March 20, 1956 to plaintiff as the assignee of Robert W. Heisler for an invention entitled “Pipe Coupling”, against defendant based on its importation of pipe and couplings manufactured in Italy and sold by...
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Plaintiff King Bros. Productions, Inc. (King Bros.), an independent motion picture producer, sues to recover damages in excess of $12,000,000 allegedly arising out of the discontinuance of the world wide motion picture distribution business conducted by defendant RKO Teleradio Pictures, Inc. (RKO)
1
through which certain King Bros, films were distributed. The defendants, in addition ...
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The Forrest Patent No. 2,777,815, granted January 15, 1957, on an application filed June 8, 1953, embodies a sewage digestion process. It teaches the *495method of continuously injecting methane-containing digester gas under pressure near the bottom of the tank and at the center by releasing gas under prescribed conditions of force propelling it to the top of the surface and rolling it from the ce...
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1. Plaintiff’s complaint, as first amended, was an action to recover damages caused by defendants’ alleged trademark infringement and unfair competition. Plaintiff alleged that defendants’ product, METRECAL, is an imitation of plaintiff’s products NATURCAL and NATROCAL. Defendants moved for summary judgment under Fed.Rules Civ. Proc. Rule 56(b), 28 U.S.C.A., on the ground that plaintiff’s Presi...
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This is a patent infringement action. Defendant objects to interrogatories numbered 15,16 and 17 of a group of interrogatories propounded by plaintiff on the grounds that these interrogatories deal with information relevant to questions of damages which are premature at this stage in the litigation. Plaintiff urges that the information requested is relevant to the issue of commercial success of th...
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1. This is an action for threatened trade-mark infringement. The plaintiff is a Michigan corporation, having its principal place of business at Norwich, Connecticut. The defendant, an Illinois corporation, has its principal place of business at Nashville, Tennessee. While both parties make and sell some other products, they are
competitors
in the manufacture and sale of vacuum-insula...
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This is an action for damages, an injunction, and an accounting of profits based upon alleged acts of unfair competition, misappropriation of trade secrets, unjust enrichment and breach of contract by defendants.
The complaint embodies five causes of action each of which is premised upon substantially the same facts. By stipulation, a sixth cause of action alleging a conspiracy involving defendant...
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This matter having come on for trial, and the court, having observed the witnesses and considered their testimony, and having examined the exhibits introduced at the trial, and being fully advised in the premises, finds the facts and states the conclusions of law as follows:
FINDINGS OF FACT
(1) Plaintiff is a New York corporation.
(2) Defendant is an Illinois corporation and has its place of busi...
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This is an action under the Copyright Act, 17 U.S.C. § 101, for copyright infringement and unfair competition. Plaintiffs seek; (a) damages for infringement and unfair competition; (b) an accounting of all gains and profits; (e) the impounding and destruction of all infringing copies, plates and molds; and (d) costs and reasonable attorney’s fees.
Jurisdiction is based on 28 U.S.C. § 1338....
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In holding that plaintiff’s patent (No. 2,688,655 of September 7, 1954) on a stand-off insulator for television antenna lead-ins and similar high frequency conductors is valid and has been infringed, the unsatisfactory but inescapable solipsism that subjects patent applications to the test of as many different standards of patentability as there are district judges, is unavoidably present. It cann...
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This is an action for misappropriation of a trade secret and for infringement of U. S. Letters Patent No. 2,854,827, hereinafter referred to as the “Lockerbie” patent. The patent and trade secret in suit relate to an apparatus for cooling water to be circulated through a tank to an external heat exchanger, also known as an air agitated ice builder, commonly used in the dairy industry. Prior to ...
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The plaintiffs move for a preliminary injunction herein. The action involves alleged unfair competition and copyright infringement arising out of defendants’ publication, advertisement, and sale to college students of a set of solutions to problems contained in plaintiffs’ copyrighted physics textbooks.
The plaintiffs are the publisher and authors of a set of physics textbooks entitled “Un...
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STATEMENT
The above named plaintiffs filed their original complaint on October 25, 1961, in which they alleged that the acts of defendant, d/b/a “IGA Shoppers Fair,” in Fort Smith, Arkansas, since its commencement in June 1961, constitute unfair competition with plaintiffs and an infringement of the rights of plaintiffs; that as a result of the sale operations and advertising of the plaint...
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Defendants move, in an unfair competition case, to dismiss the action for improper venue and insufficiency of service of process as to the corporate defendant and for general insufficiency as to the individual defendant. While the complaint refers to a patent, implies its infringement and prays for a holding of validity and infringement, it does not seem to be insisted that an infringement action ...
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An action
in re
to, pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334, was commenced by Libelant by filing of Libel of Information in the United States District Court for the Southern District of California on June 12, 1961, to accomplish seizure of 219 individually car-toned bottles of a product described as “Acnotabs” and to obtain a decree of...
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The Court, having examined the pleadings, the affidavits and the exhibits submitted to it, having read and considered the briefs filed by counsel (oral argument having been waived by both parties and not requested by the Court), makes the following Findings of Fact and Conclusions of Law: Findings of Fact 1. Plaintiff, Lovie Austin, is the composer of the melody of the two songs, “Gallion S...
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FINDINGS OF FACT I find: 1. Plaintiff, Duo-Flex Corporation, is a Nevada corporation with its principal place of business in Los Angeles, California. 2. Defendants are Builders Service Company and First National Building Corporation, and both are Texas corporations with principal places of business in Fort Worth, Texas. 3. Both defendants are charged with infringement of a United States patent No....
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The original complaint in this cause contained three causes of action. This Court, by its Order of November 9, 1961, granted defendant’s motion to dismiss counts 2 and 3 of the complaint, with leave to plaintiff to file an amended second count. The Court also granted defendant’s motion for More Definite Statement as to certain particulars. Plaintiff filed an Amended Second Cause of Action on Novem...
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This patent case concerns the alleged infringement of two United States patents. The earlier of these patents is Patent No. 2,614,474, and it is entitled WALKING CULTIVATOR. The second of the patents, namely 2,634,666 is entitled IMPROVED EARTHWORKING WHEEL. It is further complained that the defendant has engaged in unfair competition in promoting the sales of its garden tiller.
The issues...
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Plaintiffs, Hong Kong corporations, seek to enjoin defendant from importing and selling plastic flowers and foliage which allegedly infringe plaintiffs’ copyright. The particular articles in suit are a spray of Chinese aster and a sprig of boxwood.
Plaintiff, Rico Ltd., manufactures sculptured, artificial polyethylene flowers for resale by Rico, International, Ltd., its selling organizatio...
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This matter having been fully tried before the Court, and the Court having read the pleadings filed herein by the respective parties, and the Court having heard and examined all the testimony, documents and exhibits presented by the respective parties and admitted into evidence, and the Court having read, heard and considered the briefs, memoranda and oral arguments submitted by counsel in support...
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This matter having been submitted to the Court on a stipulation of fact, and the Court having read the pleadings filed herein by the respective parties, and the Court having examined the written stipulation entered into and filed by the parties herein, and the Court having heard and considered the arguments submitted by counsel in support of their respective positions, and the Court being fully ad...
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This is an action for alleged unfair competition and for alleged violation of Section 43(a) of the Lanham Act, 15 U.S.C.A. § 1125(a). Jurisdiction of this Court exists under the provisions of 28 U.S.C.A. § 1332 and 15 U.S.C.A. § 1125 (a).
From the evidence adduced at the trial it appears that during the year 1957 the plaintiff (now known as O’Day Corporation), being desirous of placing upo...
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Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) (1) and (6), 28 U.S.C.A. The complaint alleges that plaintiff The Hertz Corporation and its related companies have been in the automobile and truck rental business for many years and that the name “Hertz” has come to be well known in this connection. It is also alleged that the name “Hertz” has come to mean and is understoo...
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Plaintiff Venn brings this action for damages and injunctive relief, alleging breach of contract, appropriation of trade secrets, unfair competition in the palming off of defendant’s cookies as those of plaintiff and common law trademark violation.
Swanson Cookie Company, Battle Creek, Michigan, and Ruth Venn, its sole proprietor, are in the business of enfranchising bakeries in a number o...
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A statutory three-judge court was convened pursuant to 28 U.S.C.A. § 2281. Jurisdiction is alleged to exist under 28 U.S.C.A. § 1331(a) 1 Plaintiffs are two of the eight Supreme Court justices of the State of Michigan. They assert rights which they claim are protected by the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. The three defendants are offic...
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Plaintiff, Proxite Products, Inc., alleges infringement of its registered
*513
trademarks PROX BONNIE BLUE and BONNIE by the defendants’ use of the trademark BONNIE BRITE. Jurisdiction is claimed under 28 U.S.C. § 1338. Defendants have counterclaimed, under 28 U.S.C. § 1338(b), alleging unfair competition ; specifically that the plaintiff has copied defendants’ labels.
Plainti...
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This is an application by two prevailing defendants in a copyright infringement action for an award of counsel fees under 17 U.S.C. § 116. Plaintiffs in the action were Morris B. Burnett and Frederick Stephani; defendants were Salvatore Lambino, who uses the pen name of Evan Hunter, Simon and Schuster, Inc., Pocket Books, Inc. and Metro-Goldwyn-Mayer, Inc. (“MGM”). The facts are set forth in my p...
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I. History of the Case
This action is brought under 28 U.S. C.A. § 1338(b) wherein injunctive relief against alleged copyright infringement and unfair competition is sought. Plaintiff and defendant are the only Philadelphia business concerns specializing in the chiropody supply business. In 1945, plaintiff’s predecessor created a trade price list which plaintiff, as successor in interest, ...
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This is a case involving validity and infringement of patent No. 2,696,295 for a sock package owned by plaintiff. Plaintiff seeks damages for infringement of its patent and injunctive relief. Defendant counter-claims for a decree adjudging non-infringement and non-validity, and both seek costs and attorneys’ fees.
The case was tried to the court without a jury. Upon the evidence, the stipulations,...
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This is a patent case in which the plaintiff alleges the infringement of a patent setting forth a purported discovery developed during one of the most historic periods of the nation history.
Pearl Harbor had just gone over. The President had said, we are now in total war. He summoned the manpower of the nation in every line and capacity. A group of technicians and scientists were assembled, includ...
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Plaintiff’s complaint under 15 U.S.C.A. § 1071 and 35 U.S.C.A. § 146 asks this court to reverse a decision of the Patent Office Trademark Trial and Appeal Board1 and to direct the Commissioner of Patents to issue to plaintiff its requested registration of DUROX for a “liquid primer-sealer surface coating which may also be used as an additive for paints, enamels and lacquers”. Use since August 12, ...
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This is an action for infringement of the copyright on a trade catalog brought under the provisions of Title 17 U.S.C.A., in which plaintiff seeks the customary relief of damages, an injunction, and an accounting of profits. In addition, the complaint contains a claim based upon alleged unfair competition by defendant.
The case was tried before the court without a jury. Plaintiff, B & B Au...
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All the defendants have moved to stay prosecution of this indictment until final determination by the Federal Trade Commission of a proceeding there pending against the three corporate defendants, and two other corporations who are not named as defendants.
The indictment filed on August 17, 1961 was returned against Charles Pfizer & Co. Inc., American Cyanamid Company and Bristol-Myers Com...
Views: 0
The complaint alleges that this action for declaratory relief is filed pursuant to Section 345 of 25 U.S.C.A.; that a controversy exists between plaintiff and defendants involving their rights under trust patents issued by the President of the United States, to-wit, on February 10, 1898 and December 14, 1911; that said patents were issued under the authority of Acts of Congress approved January 12...
Views: 0
Page 5641
This cause coming on to be heard on the testimony and exhibits of plaintiff’s and defendant’s witnesses, and on the arguments and briefs of plaintiff’s and defendant’s counsel; and the Court, being fully advised, enters the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. This is a suit brought under the Patent Laws óf the United States by the plaintiff, United S...
Views: 0
The matter of Traver’s petition for reconsideration of the court’s decision of February 6, 1962, and for other relief, is before the court, the court having considered arguments and briefs heretofore filed by the parties. Upon the petition relating to Howard Plastics, Traver is insisting, in advance of the joinder of the issues, that the court should adjudicate the questions as to prior use and pa...
Views: 2
Plaintiff, an assignee of Patent No. 2,803,819, sued defendant for infringement. The patent was issued to Colonel W. R. Blair on August 20, 1957, upon his application dated June 7, 1945, (a) after a previous application had been rejected by the Patent Office as not filed within the one-year time limitation embodied in 35 U.S.C.A. (1954), § 102(b),
1
2and (b) after the enactment of Pr...
Views: 0
No. P-2201
Plaintiffs, Donald J. Bauer and The Cover Board, Inc., filed this action for an injunction and damages for alleged infringement of United States Patent to Bauer No. 2,733,647. Defenses of invalidity, non-infringement and file-wrapper estoppel are pleaded by the defendant. After a trial of the suit, the issues were taken for decision upon the evidence and the exhaustive briefs filed by t...
Views: 0
Plaintiff, charging defendants with infringement of its trade-mark, “Family Circle,” seeks to enjoin defendants from the use thereof. Defendants counterclaim, demanding cancellation of plaintiff’s registration, No. 617,878, which covers the trade-mark, “Family Circle.” The nub of defendants’ contention is that when plaintiff submitted the affidavit showing the words “Everywoman’s Family Circle,” i...
Views: 0
This action is brought by Samuel G.. Houser (herein referred to as “Houser”)»
*183
against Snap-On Tools Corporation (herein referred to as “Snap-On”). Houser resides in Maryland and owns and operates an automobile repair garage in Washington, D. C. Snap-On, a manufacturer and seller of a line of hand tools, is incorporated under the laws of Delaware, has its principal place of bus...
Views: 2
This is a motion brought by Big Boy Manufacturing Co., one of the defend
*826
ants in the above captioned action, to dismiss the complaint as against it pursuant to Rule 12(b) (3) of the Rules of Civil Procedure, 28 U.S.C., on the ground of improper venue. The complaint charges the defendants with patent infringement and prays for injunctive relief as well as for an accounting and ...
Views: 2
Plaintiff seeks a declaratory judgment invalidating defendant’s United States Patent No. 2,841,203. 28 U.S.C. § 2201. Plaintiff is a corporation organized under the laws of the State of New York, having its principal place of business in that state. Defendant is a corporation organized under the laws of the State of Delaware with its principal place of business in New Jersey. Jurisdiction rests up...
Views: 0
This matter is before the Court on the motion of Curtis Industries to dismiss a complaint filed against it by Jesse Baxter, alleging violations of 17 U.S.C. § 101. Baxter alleges that he is the holder of copyrights to certain books containing key code information on Volkswagen automobiles, and that Curtis is infringing thereon by the publication and sale of certain booklets containing similar i...
Views: 0
This is a motion for a preliminary injunction. Plaintiff Prestige Floral, Societe Anonyme, (“Prestige”) filed its-complaint on June 22, 1961, alleging-
*288
copyright infringement under 17 U.S.C. § 101 and seeking a permanent injunction, damages, and other relief. Jurisdiction is vested in this Court by 17 U.S.C. § 112 and 28 U.S.C. § 1338. The article allegedly infringed is a mold...
Views: 2
The above case is before me upon motion of defendant Deering Milliken Research Corporation for dismissal for lack of jurisdiction and improper venue and upon motion of defendant Whitin Machine Works for dismissal or in the alternative for severance and transfer to the District of Massachusetts on the grounds of improper venue and forum non conveniens.
This is a patent suit alleging infringement of...
Views: 0
Union Carbide Corporation, plaintiff in case No. P-2357, commenced suit in this District under 35 U.S.C. § 146 naming as defendants Traver Investments, Inc., and W. R. Grace & Company. Carbide is the assignee of United States Patent Application No. 217,144, filed on March 23, 1951, in the name of George M. Adams and Sidney J. Wakefield. Defendant, Traver, is the assignee of United States Patent Ap...
Views: 0
Decision here is required concerning the legal effect to be given to a grant-back provision embodied in a written license to Leesona Corporation, defendant, to make and sell certain inventions. Plaintiff was the licensor and defendant the licensee, the date of the contract being November 23, 1954.
The position of the intervenor, The Permatwist Company, will be the subject of separate comme...
Views: 1
This is an action based specifically upon Section 43(a) of the Lanham Act, 15 U.S.C.A. § 1125(a). The parties seem to agree there is no basis for jurisdiction except under that Act. Defendant moves to dismiss on the ground that the complaint does not state a cause of action under the Act.
Section 1125(a) provides:
“Any person who shall affix, apply, or annex, or use in connection with...
Views: 0
This is an action instituted by Jean Patou, Inc. as the owner of the registered trade-mark JOY for perfumes and toilet waters, seeking to enjoin the defendant, Jacqueline Cochran, Inc., from using the legend JOY OF BATHING on the package and container of its cosmetic bath product. The plaintiff, a New York corporation, and defendant, a Delaware corporation, are both distributors of perfumes, co...
Views: 1
Purchasers of 200 shares of the stock of the defendant Transitron bring this action under the Securities Act of 1933. The first two counts of the amended complaint rest on § 11 of the Act (15 U.S.C.A. § 77k) and on a statement in each of the two registration statements filed with the Securities and Exchange Commission that Transitron “holds no patent licenses from others requiring the payment o...
Views: 1
Plaintiff now seeks, under the general remedial section of the Lanham Act,2 to recover as costs certain fees, traveling expenses, and disbursements of its attorneys.3 Only these elements *376of the proposed bill are here contested. Because of their unusual nature they will be ruled upon by the Court without the usual prior action by the Clerk.4
Plaintiff admits that, unlike the general practice in...
Views: 3
■ The plaintiffs, operating as a partnership, were engaged in selling to retail outlets certain articles which were subject to an excise tax imposed by Section 2402 of the 1939 Internal Revenue Code, 26 U.S.C.A. § 2402. To induce retailers to purchase their articles, the plaintiffs agreed with certain retailers to report and pay the federal excise tax imposed by said section. In accordance with th...
Views: 0
Thomas A. Grant and Julia L. Grant are taxpayers who have brought this action against the United States for a refund of income taxes paid by them for the years 1954, 1955 and 1956. There is no dispute as to the facts which have been stipulated by the parties. A brief statement of them follows. William A. Leggett was a brother of Mrs. Grant and, with others of the Leggett family, an owner of the ch...
Views: 0
By this action the Birmingham News Company, a corporation, claims a refund of excess profits taxes in the amount of $15,358.10, with allowable interest there*882on, alleged to have been exacted erroneously by defendant and paid by plaintiff for the taxable year 1953. The genesis of this dispute was the purchase by plaintiff, on June 30, 1953, for a total consideration of $2,320,000,' of all the ou...
Views: 0
These cases, consolidated for trial by a previous order of this Court, came on
*187
for final hearing upon the complaint filed by the plaintiff, DeSilva Construction Corp., a Florida corporation, claiming an infringement of a copyright of an architectural plan entitled “McCall Colonial Ranch,” allegedly owned by the plaintiff, and unfair competition, and upon the answer filed by th...
Views: 1
This case presents a cause of action for patent infringement with which there have been joined a second cause of action for trademark infringement and a third for unfair competition. The court has jurisdiction of the parties as to all three causes of action. Jurisdiction as to the causes of action is accorded by statute— the cause for unfair competition being related to the claims asserted unde...
Views: 0
The background of this litigation is set forth in some detail in this court’s previous memorandum denying without prejudice defendant’s motion to dismiss. Baltimore Lumber Company, Inc. v. Herbert Marcus and Louis Marder, and Louis Marder and Herbert Marcus, co-partners Trading as the Bilt-Well Company, 1959, D.Md., 179 P.Supp. 179. For the purpose of this opinion it will suffice that plaintiff al...
Views: 0
Page 5668
The corporate plaintiff by its first cause of action seeks a declaratory judgment that U. S. Patents Nos. 2,797,461 and 2,828,790, covering certain novel wing assemblies for wallets and clip arrangements therefor are invalid and not infringed. The second and third causes of action were alleged in behalf of the individual plaintiff by authority of 35 U.S.C.A. § 292. They were withdrawn at the comme...
Views: 0
This case involves the regulation of salmon fishing in Alaska. Plaintiffs bring this diversity action seeking a declaratory judgment and injunction under 28 U.S.C.A. § 2201. They challenge the constitutionality of Chapter 62 of the Alaska Session Laws of 1961. It is claimed to violate the privileges and immunities and the commerce clauses of the Federal Constitution and corresponding provisions...
Views: 2
Having obtained in this court and in the Court of Appeals1 determinations that the three patents in suit were invalid, defendant now2 moves for the award of its attorney fees, $24,267.84, pursuant to 35 U.S.C.A. § 285.
This section provides:
“The court in exceptional cases may award reasonable attorney fees to the prevailing party.”
The Court of Appeals for this circuit had this to say about the s...
Views: 1
202 F.Supp. 741 (1962)
W. M. C. A., INC.; R. Peter Straus; Joseph De Maio; Edward Lind; S. Thomas Delaney; Edward C. Brown; James J. McCafferty, Plaintiffs,
v.
Caroline K. SIMON, Secretary of State of the State of New York, Louis J. Lefkowitz, Attorney General of the State of New York, Abe Stark, President of the City Council of the City of New York; A. Holly Patterson, Chairman, Board of Supervi...
Views: 6
In this action based on allegedly false representations said to have been relied on in the purchase of $250,000 face amount of 4% Bridge Revenue Bonds of the Bellevue Bridge Commission (Nebraska), defendants Robert E. Schweser Company and Leonard L. Lawrence move to set aside the service of the summons on them and to dismiss the complaint for failure to state a claim on which relief can be gran...
Views: 0
This is a fair trade case in which the plaintiff seeks a preliminary injunction against a retail discount store. The basic facts are undisputed.
A number of
interesting questions
are presented, each of which warrants separate consideration.
1. The fair trade contract which establishes the prices plaintiff seeks to maintain is with a pharmacy. Admittedly plaintiff sells none...
Views: 2
Plaintiff is engaged in the manufacture and sale of drugs and pharmaceutical products, among them a cold remedy “Coricidin”. It seeks a preliminary injunction restraining defendant from sellr ing Coricidin, which is a trademarked product, below its fair trade price.
At the hearing there was no dispute that plaintiff had established a fair trade price for its Coricidin products (N.T. 3), as require...
Views: 0
In these eight cases, manufacturer-distributors have sued the defendant for alleged violation of the Maryland Fair Trade Act, Maryland Code of Public General Laws, Article 83, section 107, for alleged sales, offering for sale and ad*208vertising for sale, of fair traded articles at below the established fair trade prices.
Defendant is a subsidiary of a chain of so-called “closed door” department s...
Views: 1
Plaintiffs seek an injunction and a money judgment on a theory that defendant has violated §§ 1 and 2 of the Sherman Act (15 U.S.C.A. §§ 1 and 2) and § 3 of the Clayton Act (15 U.S.C.A. § 14).
Plaintiff Curly’s Dairy, Inc. (Curly) is an Oregon corporation with its principal office and place of business in the City of Salem, Marion County, Oregon. Plaintiff Timber Valley Dairy, Inc. (Timber...
Views: 1
Defendant The Chemstrand Corporation (Chemstrand) has moved for an order sustaining its objections to certain interrogatories propounded by plaintiff in a private treble damage action against Chemstrand, a manufacturer of synthetic fibers, and Fabrex Corp. (Fabrex), a competing converter. The complaint contains three causes of action, two of which are relevant to the instant motion. The first cha...
Views: 0
This is an action by the Parker Pen Company for an injunction against the defendant Dart Drug Co. Suit was brought under the North Carolina Fair Trade Act (General Statutes of North Carolina, § 66-52 et seq.), and the Federal Miller-Tydings Act (15 U.S.C.A. § 1 et seq.), and the McGuire Act (15 U.S.C.A. § 45). Plaintiff, the manufacturer of a line of writing instruments, seeks to enjoin the defend...
Views: 0
Defendant, George R. Dempster, has moved the Court pursuant to Rule 12(b) (6), F.R.Civ.P., 28 U.S.C.A., to dismiss the amended complaint for failure to state a claim upon which relief can be granted. This amended complaint was filed on January 3, 1962, which was the same day the first and only pre-trial was held. Very little, if any, discovery has been done due, or partly due, to a stay order that...
Views: 0
The plaintiff, Parke, Davis & Company, moves for a preliminary injunction in the above-entitled cause, which is an action for violation of the Fair Trade Act of the State of New York, General Business Law, McKinney’s Consol. Laws, c. 20, § 369-a et seq. Affidavits were submitted by both sides. The defendants requested a hearing, and pursuant to such request a hearing was held at which plaintiff pr...
Views: 1
This is an anti-trust suit wherein the plaintiff seeks a declaratory judgment and an injunction against the defendant for allegedly acting in concert with Underwriters Laboratories, Inc., in restraint of trade. It is alleged that the plaintiff is licensed to market a fire alarm device, which is described as a small detonating device for which many advantages are claimed, including low cost and ...
Views: 1
205 F.Supp. 394 (1962)
UNITED STATES of America, Plaintiff,
v.
The SINGER MANUFACTURING COMPANY, Defendant.
United States District Court S. D. New York.
May 11, 1962.
*395 Lee Loevinger, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for plaintiff *396 (Lewis Bernstein, Washington, D. C., John J. Galgay, Richard B. O'Donnell, John D. Swartz, William J. Elkins, New York City, Les J. Weinst...
Views: 0
This is a motion to hold respondent in civil contempt for violation of a decree of this court entered on April 2, 1956. It appears without dispute that on April 2, 1956 a final decree by consent was entered by Judge Palmieri which restrained the respondent and persons acting in concert or participation with him from offering for sale or selling any products bearing The Parker Pen Company’s name or...
Views: 0
I.
General Nature of the Actions.
These are nine separate cases which were consolidated for trial. By consent of the parties the trial was held without a jury.
The plaintiffs in all cases are persons who are or were operators, under franchise agreements, of Carvel Dari-Freeze Stores at which “soft” ice cream was sold. Defendant Carvel Corporation and its subsidiaries issued th...
Views: 2
Defendants in 418 antitrust treble-damage actions joined in three motions under Rule 12(f), Fed.R.Civ.P., 28 U.S. C.A. to strike certain allegations from the complaints. My opinion dated July 11, 1962,
1
dealt with the first of these and describes the background of the litigation. This opinion deals with the remaining motions directed to allegations relating to criminal and civil inj...
Views: 2
This petition, filed by more than 335 local television stations situated throughout the United States, seeks fixation of a reasonable royalty for a license under Section IX (A) and (B) of the Amended Consent Judgment, entered on March 14, 1950 in the antitrust suit entitled United States v. ASCAP. While theoretically the petition is brought under the provisions of the decree for the fixing of f...
Views: 5
These consolidated cases are a few of a large number of similar civil antitrust suits which have been filed in various districts throughout the country as a result of criminal indictments returned in the United States District Court for ■ the Eastern District of Pennsylvania and the consequent conviction by plea of various manufacturers of electrical equipment and some of their officers and age...
Views: 0
In this antitrust suit the Government and the defendant Carter Products, Inc. have stipulated to a proposed final judgment and seek the Court’s approval. The Government urges approval as in the public interest since it would forthwith end an alleged existing monopolistic control of a widely distributed drug and open up the avenues of competition. The defendant American Home Products Corporation...
Views: 2
1. The standards for disposition of the summary judgment motion have recently been discussed by the Supreme Court
6
and this Court.
7
A mo-
*350
ti on for summary judgment, when first introduced as a procedural technique to facilitate a speedy determination of litigation, is now, after pragmatic trial and error experience, growing less in favor. It may be gran...
Views: 0
This libel action is now before the court on plaintiff’s MOTION FOR NEW TRIAL filed after judgment was entered for the defendant on the special verdict of the jury.
1
Plaintiff contended that the fourth (Exhibit P-1) in a series of six articles (Exhibits D-1A to D-1E and P-1) by Rocky Marciano (world heavyweight boxing champion from 9/23/52 until his retirement undefeated on 4/27/56)...
Views: 1
The plaintiff, Timber Conservation Company (TCC), in this action seeks the refund of certain portions of its income tax payments, together with accrued interest thereon, for the tax years 1952, 1953 and 1955.
TCC’S STATUS
TCC may be characterized as an active, going, timber-holding company which buys and sells tracts of timber for investment and income purposes, and is one of several corporations,...
Views: 0
Invoking the jurisdiction conferred by 28 U.S.C. § 1346, plaintiffs bring this action against the United States for internal-revenue taxes alleged to have been erroneously collected by them. The record is lamentably skimpy in showing the details of the taxes assessed, the collection, and various other items. But it may fairly be said that the case presents the question whether the plaintiffs were ...
Views: 0
On February 24, 1962, an information was filed by the United States Attorney for the Southern District of California
*487
charging the defendant, Seymour Rayor, on or about March 7, 1956, with violation of § 7206(1) of Title 26 U.S.C.A., in that the defendant
“did wilfully and knowingly make and subscribe the United States Corporation Income Tax Return of Rayor’s Inc., of Ingl...
Views: 5
On January 23,1959, the Commissioner of Internal Revenue made assessments of federal income taxes against the defendants Harry and Amanda Schroeder for the years 1944-1947 in the amount of $1,133,949.39. After demand and refusal to pay said taxes, notices of tax liens were filed pursuant to Iowa law in Fremont County (Fremont) and Mills County (Mills), Iowa on December 3 and December 12, 1959, ...
Views: 0
STATEMENT OF CASE AND FINDINGS OF FACT Arthur and Barbara Pettengill brought this action for declaratory judgment, seeking to free certain property owned by them from the tax liens of the United States of America. After filing an answer to the petition, the United States and the petitioners set forth an agreed statement of facts which bind this Court, and are as follows: “Arthur G. Pettengill...
Views: 2
This cause was tried to the court on February 8, 1962. Having considered the evidence presented, the stipulations made, and the briefs submitted by counsel, the court makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. This is an action against the District Director of Internal Revenue Service and the United States of America, in which plaintiff seeks to r...
Views: 1
Page 5753
The case is before the court upon the petition of the United States of America for review of an order of the Referee in Bankruptcy disallowing claims of petitioner for Federal Income Tax.
• The petitioner, the United States of America, will be hereinafter referred to as “United States”, “petitioner” or “government”. The bankrupt, George B. Parr, will be referred to as “Parr” or “bankrupt”.
This co...
Views: 1
This matter is before the Court on petition of the United States of America (“petitioner”) for review of an order of the Referee in Bankruptcy (“Referee”) which disallowed petitioner’s claim against Oxford Associates (“Oxford”) in the sum of $72,500.00 for income taxes for the fiscal year ended July 31,1956. Oxford was adjudicated bankrupt on June 24, 1957, following dismissal of a joint petition ...
Views: 0
The government moves for an order, pursuant to 26 U.S.C. §§ 7402(b) and 7604, directing respondent, Harry G. Silverstein, to produce the books and records set forth in an Internal Revenue summons dated May 16,1961, served upon respondent on that day pursuant to 26 U.S.C. § 7602.
The summons, in the nature of a subpoena duces tecum and addressed to the respondent, directed him to appear on ...
Views: 1
The principal issue raised by the trustee’s petition to review is the same as that in Matter of Airline-Arista Printing Corporation, Bankrupt, 156 F.Supp. 403 (S.D.N.Y.1957), aff’d per curiam 2 Cir., 267 F.2d 333. In that case I held that federal income and social security taxes withheld by a debtor in possession from the salaries of its employees in a superseded proceeding for arrangement consti...
Views: 0
This matter is before the Court on a petition for review of the Referee’s Order allowing the claim of Employers *44Mutual Casualty Company (hereinafter referred to as the Surety) as a secured claim. Petitions for review have been filed by the Trustee and the United States of America challenging findings of fact and conclusions of law rendered by the Referee, in which it was adjudged that a claim o...
Views: 1
This action was instituted by plaintiff James C. Hulette on September 9, 1960, seeking to recover (1) the sum of $120.00 alleged to have been illegally and erroneously assessed and collected as excise tax or, in the alternative, (2) the sum of $60.00 alleged to have been illegally and erroneously assessed and collected as excise tax. The assessment of the Commissioner of Internal Revenue resulting...
Views: 0
This is a tax refund suit for the recovery of Federal excise taxes in the sum of $3,335.00, paid to the government on initiation fees for the period from April 1, 1955, through June 30, 1958. Jurisdiction is conferred on this court by Section 7422, Internal Revenue Code of 1954, 26 U.S.C. § 7422 and 28 U.S.C. § 1346, and all jurisdictional prerequisites have been satisfied. The issue to be decided...
Views: 0
This is an action to recover $2,832.13 allegedly overpaid income tax for the calendar year 1951. Plaintiff’s claim is premised on the theory that part of the distribution received by it as a shareholder constitutes a return of capital rather than income. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1346(a) (1).
It is the taxpayer’s position (1) that the earnings and profits of The Gard...
Views: 0
This is a petition for review of a decision of the Referee in Bankruptcy denying a claim of the Director of Internal Revenue, in the amount of approximately $40,000.
The director’s claim is based on a transfer from Lake City Malleable, Inc., on or about October 2, 1956, to the bankrupt of the amount of $40,000. While this transaction is a simple one, it is entwined in and beclouded by a series of ...
Views: 0
This case involves the construction and application of the Internal Revenue tax imposed on manufacturers and importers of automobiles, especially as it affects importers. This action is brought by an importer of automobiles to secure a refund of the tax that had been levied and assessed against him by the Internal Revenue Service on automobiles that he imported between October 1,1959 and June 30,1...
Views: 0
This action was originally begun on July 20, 1962 by the individual plaintiffs Ben Cutler, Dan Terry, Ralph Flanagan, Marty Levitt, Vic Ash, Claude Garreau (d/b/a Allen Meritt) and Angie Bond in their own behalf and as representatives of a class of all orchestra leaders who are either employers or self-employed persons. On October 16, 1962 a number of other parties were permitted to intervene a...
Views: 4
The jurisdiction of this Court in this action is invoked under section 102 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 412. The verified complaint, filed February 23, 1962, is in three counts, complaining of violations of plaintiffs’ “bill of rights” guaranteed by the Act, and praying for a judicial directive setting aside proceedings resulting in plaintiffs’ expulsi...
Views: 4
This is an action instituted by St. Luke’s Hospital of Cleveland, Ohio, against the United States of America brought under § 1346, Title 28 of the United States Code as amended, and is for the recovery of Federal Insurance Contributions Act employment taxes imposed by Sections 3101 and 3111 of the Internal Revenue Code of 1954 as amended, 26 U.S.C.A. §§ 3101 and 3111, and Sections 1400 and T410 of...
Views: 0
Page 5778
This matter comes up on a petition filed by Harry F. English and The Bank of Salem to review a ruling of the Referee in Bankruptcy In the Matter of James Dewey Poff, Bankrupt, dated September 18 1961, which granted a discharge to the Bankrupt James Dewey Poff pursuant to an opinion of the Referee dated September 9 1961.
The petition seems to be phrased as a request for reconsideration by the Refer...
Views: 0
Findings of Fact 1. The jurisdiction of this Court is invoked by the plaintiffs under Sections 28 U.S.C. § 1336, 28 U.S.C. § 1337, 49 U.S.C. § 5, 49 U.S.C. § 9, and 49 U.S.C. § 16, par. (12). The amount involved *882in this controversy exceeds the sum of $10,000.00, exclusive of interest and costs. The plaintiffs are citizens and residents of the State of New York. The defendant The Pennsylvania R...
Views: 0
These cases are before the court on petitions for review of an order of the Referee in Bankruptcy dated March 24, 1961. The order in issue, entered in accordance with the referee’s decision, general and special findings of fact and conclusions of law dated February 1, 1961, determined the validity of certain liens and the rights of the lien claimants as against funds in the hands of the trustee.
P...
Views: 0
The Court, having examined the pleadings, the Stipulations of Facts, and the documents admitted as evidence in this case, and having heard the arguments of and examined the briefs filed by counsel, makes the following Findings of Fact and Conclusions of Law:
Findings of Fact
1. Thomas F. Kelly, Sr., Thomas F. Kelly, Jr. and George L. Kelly are residents of the State of Illinois an...
Views: 1
Aimer T. Tindle has instituted an action against the Secretary of Health, Education and Welfare who denied to plaintiff the right to old age benefits. Lengthy hearings were held before a trial Examiner before the Secretary’s order was made. The transcript of the proceedings covers nearly 200 pages.
The controversy turns around the birth date of the plaintiff. Indeed the entire argument is ...
Views: 0
The Defendant, J. Adams Bruce, was found guilty by a jury of both counts of an Indictment charging him (1) with knowingly and fraudulently concealing assets from the Receiver of a bankrupt estate, and (2) with having concealed and transferred for his own use certain of such assets in contemplation of the filing of an involuntary petition in -bankruptcy and with the intent to defeat the Bankruptcy ...
Views: 0
This action was brought in this court by a Georgia citizen with alleged jurisdiction being based on diversity of citizenship of the parties. The defendant challenges the existence of such diversity by a motion to dismiss plaintiff’s complaint. Except for the ground claimed there does not appear to be any other basis for federal jurisdiction.' The defendant alleges that its principal place of bu...
Views: 1
This is an action brought to review an order of the Interstate Commerce Commission (referred to herein as the “Commission”) in John J. Casale, Inc., Contract Carrier Application, Docket No. MC-20314 (Sub. No. 1). The Commission determined that plaintiff’s proposed operation, whereby plaintiff would lease motor vehicles, with drivers who would be plaintiff’s employees, to lessees for operation beyo...
Views: 0
This is a motion for partial summary judgment brought by defendants pursuant to Rule 56(b) and (c), Fed.R.Civ.P. 28 U.S.C.A. For the purposes of this motion the following are the relevant facts.
Defendant corporation (Decal) is in the business of manufacturing decalcomanias for the transferring of designs to ceramic and plastic dishes and glassware. The individual defendant, Alfred Duhrsse...
Views: 0
The petition for review herein was tried with the review in the case of In the Matter of Goodson, D.C., 208 F.Supp. 837. In the Goodson case, we reached the question of the title to proceeds of a refund check received by the bankrupt after bankruptcy, and our opinion in such matter is filed as of this date. In this ease the bankrupt Van Meter caused excess withholdings to be made from his pay so t...
Views: 1
This action was brought by the Plaintiff in the Superior Court of Twiggs County; Georgia, where the Defendant has a place of business. The cause was removed from the state court to the federal court by the Defendant on a claim of diversity of citizenship of the parties. The Plaintiff challenges the existence of such diversity by a motion to remand the cause to the state court. Except for the gr...
Views: 3
This litigation grows out of the financial difficulties of Sig Andersson in connection with the construction of segments of highways in Coos County, Oregon.
Andersson was engaged in the highway construction business and in the year 1961 agreed to construct said segments. As part of said agreements the plaintiff, as surety, and Andersson, as principal, executed and delivered certain surety ...
Views: 0
This was an action brought by the Commonwealth of Massachusetts seeking a decree of this court in the form of an order directing the payment to the Commonwealth of undistributed bankruptcy dividends now held in the United States Treasury. This suit was instituted on July 5,1956 by the Commissioner of Corporations and Taxation. The petitioner, the Commissioner of Corporations and Taxation, alleges ...
Views: 0
This opinion deals with two statutory actions brought under sec. 8c(15) (B) of the Agricultural Adjustment Act (1933), as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 and subsequent amendments (the Act), 7 U.S.C.A. § 601 et seq. All future references herein will be to sections of Title 7 U.S.C.A., unless otherwise indicated.
The complaints seek review of two rulings ma...
Views: 6
The petitioning creditors seek to review the order of the Referee in Bankruptcy. Hon. Louis J. Castellano. The said order permitted the National Bank of Westchester, White Plains, hereinafter called the Bank, to file an amended proof of claim, nunc pro tune. The said creditors, including The Wurlitzer Company, filed an involuntary petition in bankruptcy against Gibraltor Amusements, Ltd., on March...
Views: 2
Page 5794
Without deciding whether the alleged bankrupts were insolvent, whether they committed acts of bankruptcy and whether petitioning creditors qualified as such, the Referee dismissed an involuntary petition in bankruptcy filed against Michael H. Hare and Irene A. Hare, individually and as copartners, trading as Hare Bros., Inc. The petition was filed June 6, 1961. Hare Bros., Inc. was incorporated...
Views: 0
The bankrupt has petitioned this court to review the action of the referee sustaining the trustee’s specifications of objections to the bankrupt’s discharge. These specifications were, in summary, that the bankrupt:
1. obtained property on credit or obtained an extension or renewal of credit, by knowingly, wilfully, and fraudulently making or publishing or causing to be made or published a materia...
Views: 0
The defendant, Reed Johnston, as Regional Director of the Eleventh Region of the National Labor Relations Board, having appealed to the United States Court of Appeals for the Fourth Circuit from the Order and Judgment entered in this cause on 28 April 1961, and said Court of Appeals having filed its Opinion and issued its Mandate dated the 15th day of November 1961, wherein it was ordered and adju...
Views: 0
The Statement of Facts, as found on Pages 1 and part of 2 in the Defense Brief, is so well put, and so eminently fair from the viewpoint of both sides, that I will adopt it as a preliminary statement to what I will here find. It reads as follows, and we quote it: “In 1949 defendant, National Castings Company adopted a general pension plan for salaried employees. The plan, which specifically provid...
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Plaintiff asks that the Court declare a certain transaction between the Bankrupt and defendants to be a preferential transfer voidable under 11 U.S.C.A. § 96 (Section 60 of the Bankruptcy Act).
On and prior to October 9, 1957, defendants operated a variety store at Burns, Oregon, and on said date sold and transferred the assets of said store, including a floating stock of merchandise, to the Bankr...
Views: 1
This proceeding under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., was instituted on February 2, 1960 *854by the filing of an involuntary petition, against the captioned debtor, by three holders of bonds of the debtor of an issue of $977,900 face value, secured by a trust mortgage to Fidelity Union Trust Company, indenture trustee, upon debt- or’s land and building, known as 20-24 B...
Views: 0
This cause came on to be heard upon the plaintiff’s Prayer for Preliminary Injunction, said hearing having been provided in the Court’s Temporary Restraining Order and Order Setting Hearing for Preliminary Injunction entered May 24, 1962. Prior to the hearing, the defendant filed a Motion to Dismiss and, in the alternative, a Motion for Summary Judgment. Plaintiff presented its Complaint and exhi...
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Two civil actions for permanent injunctions are involved herein. Two other actions involving alleged violations of the anti-trust laws will be tried subsequently. The first action here, 60 Civil 1169, is an action to enjoin defendants from collecting from plaintiffs payments for the “Local 802 Single Engagement Welfare Plan,” and the second, 60 Civil 4025, is an action to enjoin defendants from...
Views: 1
This action is brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., to enjoin violation of the overtime and record-keeping provisions of the Act. 29 U.S. C.A. §§ 207, 211(c), 215(a) (2) and (5), 217. The single issue presented is whether certain truckers whom defendant engages to transport materials used in its road-building operations are “em *100 ployees”...
Views: 1
These three actions instituted by the Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., ...
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This is a motion by defendant Chan-ning Corporation (Channing) and three of its directors named as individual defendants to dismiss the complaint for failure to state a claim upon which relief can be granted. Rule 12(b) (6) of the Federal Rules of Civil Procedure.
Plaintiff Cochran, suing on his behalf' and on behalf of other stockholders of Agricultural Insurance Company (Agricultural), a...
Views: 4
This is a civil action brought by former owners of the common stock of Boston Electro Steel Casting, Inc. (Besco), against John B. Janigan, who, early m 1956, purchased from plaintiffs substantially all of the common stock of Besco as part of one overall transaction. At the time of the purchase, defendant was President, General Manager, and a member of the Board of Directors of Besco. Jurisdict...
Views: 0
This action to recover $6,000,000 under the United States anti-trust laws was commenced in the United States District Court, Southern District of California, Central Division, by service of a copy ■of the summons and complaint, as follows:
(a) On defendant American Federation of Musicians of the United States and Canada on March 27,1957.
(b) On defendant Herman D. Kenin ■on March 27, 1957.
(c) On ...
Views: 0
On November 29, 1956, the individual plaintiffs were the principal stockholders and owners of Sidele Fashions, Inc., a manufacturing company, and were members of the Fashion Apparel Manufacturers of Philadelphia (hereinafter called the “Association”). On that date, the Association and the defendant unions entered into a collective bargaining agreement which bound all employers then members of t...
Views: 1
This is a diversity action brought to-enforce a Fair Trade agreement. On October 1, 1958, the defendant entered into a one year contract with the plaintiff' for the purchase of the products of the-Texas Company, now Texaco, Inc.
On January 14,1959, the plaintiff notified the defendant that it was establishing stipulated minimum retail prices for its motor fuels pursuant to contracts entered into u...
Views: 0
This action, in three paragraphs, alleges :
(1) a violation of the Automobile Dealer Franchise Act of 1956 (15 U.S. C.A. § 1221 et seq.) ;
(2) a violation of the Sherman Act; and
(3) a breach of contract.
Defendant has filed a Motion to Dismiss Paragraph I of the Complaint, or, in the alternative, for Summary Judgment on defendant’s Fifth Defense, upon the ground that the ac...
Views: 4
On plaintiffs’ motion for preliminary injunction.
This action has been commenced by three firms located in Waukesha County, Wisconsin, engaged in the quarrying, *76production, and sale of stone products. The defendant Union and its officers represent employees working for these firms. The remaining defendants are owner-drivers of trucks who haul plaintiffs’ products to intrastate destinations. The...
Views: 0
Plaintiff, a former distributor of Carling beer and ale, commenced the present action on October 30, 1961, seeking damages for defendant’s wrongful termination of his Carling distributorship. Count 1 of the complaint asserts a treble damage claim under Section 4 of the Clayton Act, 15 U.S.C. § 15, 15 U.S.C.A. § 15. In Count 2, it is claimed that the termination is actionable on various common l...
Views: 2
This is an action instituted by Natco Corporation (Natco), a Pennsylvania corporation, against Great Lakes Industries, Inc., (Great Lakes), an Illinois corporation, and others for preventive injunctive relief in the current contest *186for the procurement of proxies in a forthcoming special meeting for the election of controlling officers of Natco.
The plaintiff, Natco, maintains in its complaint ...
Views: 0
This action filed by the Stalker Corporation (hereinafter sometimes referred to as the taxpayer) pursuant to Title 28 U.S.C.A. § 1346(a) (1) for the recovery of income taxes in the amount of $8,575.90, plus interest, based on an alleged overassessment and payment thereof for the calendar year 1956, is before the Court on cross-motions foi summary judgment under Rule 56(a) and (c) of the Federal R...
Views: 0
This is an action for trademark infringement and unfair competition because of such infringement seeking an injunction against use by the defendant HI-G, Inc. of its corporate name in association with the sale of electric relays or associated products and in connection with advertising or sale of such products. Plaintiff General Controls Co. is a California corporation with its principal office...
Views: 1
In this civil antitrust action brought by the United States against Grinnell Corporation, American District Telegraph Company, Holmes Electric Protective Company and Automatic Fire Alarm Company of Delaware, argument has been heard upon the following, which have been extensively briefed:
I. the government’s motion for the production of documents,
II. the defendants’ objections to the government’s ...
Views: 0
Just over two years ago this case was assigned to me for all purposes pursuant to Rule 2(b) of the General Rules of this court. Since that time twenty-three pre-trial conferences have been conducted resulting in a transcript in excess of 1100 pages. The hopes expressed by court and counsel for an early trial of this matter have dimmed considerably. The present impasse over definition of the issues...
Views: 0
This action was instituted on August 3, 1961, by the Attorney General in the name of the United States pursuant to the provisions of Part IV of the Civil Eights Act of 1957 (42 U.S.C.A. § 1971, 71 Stat. 637), as amended by the Civil Eights Act of 1960 (74 Stat. 90). The State of Alabama is joined as a party defendant pursuant to § 601(b) of the Civil Eights Act of 1960; the individual defendants ...
Views: 3
Pursuant to my order of August 13th permitting the filing of additional briefs on the issue of a corporation’s right to claim the attorney-client privilege, both the defendants and the plaintiff have submitted additional briefs for which I am most appreciative. My reading of these briefs, the plaintiff’s in support of and the defendants’ in opposition to my Au
*322
gust 3rd Memoran...
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In this memorandum the Court is concerned with the breadth of construction to be given the statute of limitations provision of Section 4B of the Clayton Act, 15 U.S.C.A. § 15b as presented by Part II of defendants’ motion of February 1, 1962. The motion, made by 27 corporate defendants, variously involved in some 37 causes, challenges
“all allegations of damage for any period prior to the ...
Views: 0
This is an action for refund by plaintiffs, Byron W. Graper, (herein referred to as taxpayer) and his wife, pursuant to the provisions of Title 28 U.S.C.A. § 1340 and § 1346. Taxpayer seeks to recover allegedly erroneously collected income tax, penalties and interest thereon for the calendar years 1940, 1941, 1943, 1944, 1945, 1946, 1947, 1948, 1949 and 1950.
In his complaint, taxpayer alleges tha...
Views: 2
This patent infringement suit relates to a patent to Oswald M. King, U. S. Letters Patent No. 2,701,235, issued February 1, 1955. The device is described as an “operating system for swimming pools” and infringement is claimed as to Claims 5, 7, 8 and 9. Of these Claim 7 is the most comprehensive and was used during the trial as a means of testing both validity and infringement. It is printed in...
Views: 0
A hearing was held on April 23, 1962, and on that occasion counsel argued various legal issues raised in the above captioned civil actions. Many of the facts have been stipulated and it appears from the agreed statements that on December 1, 1955, the Royal Hotel, Inc., at Las Vegas, Nevada, was delinquent in the payment of federal withholding, F.I.C.A., and cabaret excise taxes in the approximate ...
Views: 3
Plaintiffs bring the instant actions under the provisions of Sections 4 and 16 of the Clayton Act (Sections 15 and 26, Title 15 U.S.C.A.), claiming damages and injunctive relief against defendants for alleged violations of Sections 1 and 2 of the Sherman Act (Sections 1 and 2, Title 15 U.S.C.A.), and Sections 2 and 3 of the Clayton Act (Sections 13 and 14, Title 15 U.S.C.A.). These two cases ma...
Views: 1
Plaintiff brought this action to recover treble damages against the defendants for alleged violation of Section 4 of the Clayton Act, Section 15, Title 15 U.S.C.A., and for injunctive relief. After a full trial on the merits the Court dismissed the action for want of sufficient proof of violation of said Act. Defendants have requested the allowance to them of at
*535
torneys’ fees ...
Views: 1
The two count indictment in this case charges four corporations, five of their officers and a trade association with violating Sections 1 and 3 of the Sherman Act, 15 U.S.C.A. §§ 1 and 3.
1
In general the charge in each count is that the defendants engaged in a combination and conspiracy in unreasonable restraint of trade and commerce in the transportation of household goods. Count 1...
Views: 1
Joseph Rinzler, as plaintiff, a former distributor of defendants’ products, instituted this action on November 28, 1960, seeking treble damages under Section 4 of the Clayton Act (15 U.S.C. § 15) for injury resulting from defendants’ violations of the Robinson-Patman Act (49 Stat. 1526, 15 U.S.C. § 13). The plaintiff complains of both direct, and indirect discriminatory pricing practices by the de...
Views: 0
Findings of Fact
I
The plaintiff, James C. Goggin of New York, who was the president of Munson *906G. Shaw Company, and the defendant, Roy H. Johnston of Denver, first became acquainted about 1942 or 1943, and shortly afterwards had two or three oil and gas working interest and royalty transactions. In the succeeding years they met casually a few times and would talk tentatively about the prospect...
Views: 1
There are two motions presently before the Court in this cause. One is the motion of the individual defendants to dismiss the indictment as to them on the ground that it fails to allege an offense cognizable under sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1 and 2. This motion has been definitively determined by the decision of the Supreme Court in United States v. Wise, 370 U.S. 405, 82...
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This case is before the Court on remand by the Fourth Circuit for the determination of all issues relating to dam■ages — whether plaintiff sustained any ■damages that are properly recoverable, and if so, the amount of such damages. Osborn v. Sinclair Refining Co., 4 Cir., :286 F.2d 832, 840, 841, reversing D.Md., 171 F.Supp. 37. The facts set out in those opinions will not be repeated here, exc...
Views: 0
Plaintiffs brought this action for treble damages under § 4 of the Clayton Act [15 U.S.C.A. § 15], alleging injury to their business proximately resulting from a combination or conspiracy among defendants to exclude and prevent plaintiffs from engaging in the wholesale distribution of gasoline in Southern California, in violation of §§ 1 and 2 of the Sherman Act [15 U.S.C.A. §§ 1 and 2]. Federal j...
Views: 1
The question for determination is whether the proceeds from the sale of an *105oil payment are to be treated as capital gains or ordinary income. The oil payment in question is held to be a retained oil payment, a capital asset, the sale of which results in a capital gain. Also, the oil payment is on nonproducing land and the payment cannot be ascertained with sufficient accuracy to constitute a m...
Views: 0
This case involves the disallowance, by the District Director of the Internal Revenue, of certain deductions for expenses on the 1957 income tax returns of Isaac R. Price and his wife, Alice, and Richard F. Price and his wife, May.1 The disallowed deductions represented attorney fees expended by the taxpayers in prosecuting a claim in a concursus proceeding in Louisiana State Court arising out of ...
Views: 0
This is an action by Frito-Lay, Inc., for the recovery of income taxes in the sum of $22,007.37, or alternatively, $58,993.76, paid by Frito-Lay for its taxable years 1956 and 1957.
H. W. Lay & Company, Inc.
1
(hereinafter called the taxpayer), is engaged in the manufacture of snack food products. Taxpayer is engaged in the processing of potato chips, com chips (Fritos), fried p...
Views: 1
When Thomas C. McCobb retired as an executive of the Standard Oil Company of New Jersey in 1944, he became entitled to receive a “retirement allowance” under an “Annuity Plan for the Employees of Standard Oil Company (New Jersey) and its Participating Subsidiaries Effective January 1, 1932” [Annuity Plan]. Briefly, this was a plan covering all employees meeting certain past service requirements, f...
Views: 0
Plaintiff taxpayer, Burlington-Rock Island Railroad Company, seeks to recover from the United States the sum of $242,968.50, with interest. This sum represents income tax, plus deficiency interest thereon, collected from plaintiff by the Commissioner of Internal Revenue in satisfaction of plaintiff’s asserted income tax liability for the calendar year 1954.
Plaintiff seeks to establish its right t...
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STATEMENT OF THE CASE This is the saga of a too long course of litigation over the value of and title to certain real estate located along the Clyde River in Orleans County, Vermont. The Plaintiffs are heirs or representatives of heirs of Abbie D. Prouty who, in July 1930, executed under seal a written contract with the Newport Electric Light Company. This electric utility company was later acquir...
Views: 0
Plaintiff, a Texas corporation, hereinafter referred to as Lone Star, instituted' this suit seeking to recover from the *87Defendant, a corporation organized and existing under and by virtue of the laws of the State of Pennsylvania, hereinafter referred to as Gulf Oil, the sum of $50,815.62 for 16,442.64 barrels of crude oil received and purchased from Plaintiff by the Defendant during the month o...
Views: 2
This is a motion by defendant, Public Utility District No. 2 of Grant County, Washington, made pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. Defendant, appearing specially,1 21 moves the court for an order:
1) vacating a warrant of attachment and setting aside the levy thereunder upon the Bankers Trust Company and
2) setting aside the service of summons on the ground that t...
Views: 0
The action herein seeks a declaratory judgment construing an oil and gas lease. The defendants’ motion to dismiss is for failure to state a claim upon which relief can be granted and, essentially, it asserts that the complaint fails to submit an issue justifying the granting of declaratory relief.
The complaint alleges that on or about January 29, 1951, the Nelsons gave an oil and gas lease to The...
Views: 0
211 F.Supp. 736 (1962)
COMMONWEALTH EDISON COMPANY et al., Plaintiffs,
v.
ALLIS-CHALMERS MANUFACTURING COMPANY et al., Defendants.
Civ. A. No. 61 C 1277 and related cases.
United States District Court N. D. Illinois, E. D.
November 15, 1962.
*737 Plaintiffs' counsel:
Charles A. Bane, Robert F. Hanley, Thomas L. Nicholson, Richard E. Powell, Isham, Lincoln & Beale, Max Swiren, Neil Flanagin, C...
Views: 1
This action was brought by plaintiff to quiet title to a fund of money ($12,-285.44), held by the Board of Education of Lincoln County, West Virginia, which the United States claims by virtue of a tax lien. Plaintiff, Logan Planing Mill Company, and defendant, Fidelity and Casualty Company of New York, claim the fund by virtue of an assignment in trust prior in point of time to the assessment o...
Views: 1
The defendants in this criminal action under 15 U.S.C.A. §§ 1 and 2 are two manufacturing corporations and certain individuals employed (or previously employed) by them, and the case is now before the court on Motions To Dismiss the indictment (Documents Nos. 15-21 and 23-26).
The indictment alleges that beginning sometime prior to 1954, the exact date being to the grand jurors unknown, an...
Views: 0
This action was instituted by The First National Bank of Montgomery as the taxpayer in its capacity as the duly authorized and acting executor of the estate of Bernard Mount, deceased, for a refund of estate taxes in the amount of $8,108.22, plus interest. The case is now submitted to this Court upon the pleadings and exhibits thereto, the pretrial order, the stipulated facts and exhibits there...
Views: 0
This is an application for a preliminary injunction against defendant’s sale of plaintiff’s trademarked products at prices less than those stipulated in plaintiff’s fair trade contracts in effect with certain retailers in the State of New York. The injunction is sought pursuant to New York General Business Law, § 369-b, which provides:
Ҥ 369-b. Unfair competition defined and made actionable
“Wilf...
Views: 0
Page 5861
MEMORANDUM-DECISION
This suit is the common one under the Miller Act by the use-plaintiff, a division of the General Electric Company, against a prime contractor on a government project and its surety to recover unpaid money for materials furnished at an agreed price. The materials were used by Fayco in the fulfillment of its written government contract to modernize the Interior Electric Distribut...
Views: 0
Page 5864
In this action motions have been filed by several applicants seeking to intervene on the ground that their claims have questions of law and fact in common with the original action, together with petitions to intervene setting forth the •claims they wish to assert. It appears that in at least two of these petitions the ■claims are based on allegations of false or misleading representations made by ...
Views: 2
Plaintiff Gloria Parker commenced this private anti-trust suit against Broadcast Music, Inc., National Broadcasting Co., Inc., and Columbia Broadcasting System, Inc. on November 14, 1956, charging a conspiracy in restraint of trade in violation of the anti-trust laws. On November 21, 1960 an order was entered by Chief Judge Ryan dismissing the action for lack of prosecution. On December 19, 1960 J...
Views: 1
Page 5866
As one of the opening phases of this anti-trust action, we have before us defendants’ motion pursuant to Rule 12, F.R.Civ.P. 28 U.S.C.A., to strike various paragraphs of the complaint. Plaintiff, owner and operator of a drive-in or outdoor theatre, alleges violations of the Sherman and Clayton Acts, 15 U.S.C.A. § 1 et seq., by defendants, eight distributors and two exhibitors of motion pictures.
R...
Views: 1
Plaintiff served its summons and complaint upon the defendants in Fall River, *150Massachusetts on January 10, 1962. There are three defendants. Two, United States Trunk Company (UST) and Clarke Precision Moulding Corporation (Clarke), are Massachusetts corporations. The third is an individual, Sidney S. Feinberg, who is the president of UST and the ■treasurer of Clarke. The complaint states nine ...
Views: 1
Here, prior to the service of any answers, a defendant moves for dismissal as to less than all the defendants. Although Rule 41(a) specifically provides for dismissal on application of' a plaintiff, the rule may be applied because the plaintiff consents to the granting of the relief sought. Some of the remaining defendants did not consent but did not oppose the motion.
The Rules of Civil Procedure...
Views: 1
The plaintiff, a New York corporation, conducting business from Nassau County, brought this civil anti-trust action against the defendant, a foreign corporation. A warrant of attachment was issued April 4, 1962 and served on three of the defendant’s distributors in New York. Subsequently, the defendant was served with a summons and complaint in Florida by the United States Marshal of that district...
Views: 2
This is a suit under the Sherman and Clayton Acts against more than one hundred corporate and individual defendants. Plaintiff Independent Productions Corporation is the producer of a motion picture, “Salt of the Earth”, and plaintiff IPC *379Distributors, Inc. is the assignee of exclusive distribution rights in the picture. The defendants are producers, distributors and exhibitors of motion pictu...
Views: 0
Defendant has noticed a hearing on its objections to plaintiff’s interrogatories. At the conclusion of the hearing on the return of the notice, April 23, 1962, decision was reserved. The interrogatories were served November 9,1961.
This Court’s jurisdiction is invoked under the Automobile Dealers’ Day in Court Act, 70 Stat. 1125, 1126, 15 U.S. C.A. §§ 1221-1225; and Section 4 of the Clayton Act, 3...
Views: 0
The plaintiffs bring these actions to recover alleged overpayment of gift taxes for the years of 1956, 1957, and 1958. In action No. 4106, Citizens Fidelity Bank & Trust Company was substituted as plaintiff for Mrs. Marion S. Drybrough, the wife of F. W. Drybrough, who died while these actions were pending.
F. W. Drybrough filed a timely gift tax return for the year 1956, showing cash gift...
Views: 0
On November 2, 1961, the grand jury returned a three-count indictment charging defendant with willfully evading income taxes due and owing by him for the calendar years 1955, 1956, and 1957, in violation of 26 U.S.C.A. § 7201. On November 6,1961, defendant appeared without counsel for arraignment and a plea of not guilty was entered by order of the Court. On November 20, 1961 the case was called f...
Views: 0
On January 31, 1961, the plaintiff filed its complaint against the defendants, Robert D. Plant and wife, Lorrayne Plant, to obtain a judgment against defendants for the balance due on (1) a promissory note in the sum of $40,000 dated June 3, 1957, executed and delivered to the Bank of Prescott, Prescott, Arkansas, the payment of which was secured by chattel mortgage on certain personal property of...
Views: 0
This suit for money damages has been filed by the Brotherhood of Railroad Trainmen (B.R.T.) and its officers against the Long Island Rail Road Company (Long Island), twenty-two other railroads, the Association of American Railroads (A.A.R.), and a bank. The damages are alleged to have arisen from a labor dispute which culminated in a strike called and conducted by the B.R.T. against the Long Is...
Views: 1
The complaint in this case approaches the incredible. It contains four counts and 98 paragraphs. Many of the paragraphs in one count are incorporated by reference in one or more of the other counts, so that analysis of the complaint demands painstaking re-shuffling of its 36 pages. It is indeed a veritable compendium of prolixity. Plaintiffs’ brief is no better. It is full of meaningless string...
Views: 3
This is an action at law to recover damages allegedly incurred by the plaintiff, Walter J. Kohler, upon the sale of his stock to the defendant, Kohler Co. It is alleged that plaintiff was induced by “the misrepresentations, half-truths, and omissions” of defendants to sell 21,-415.6139 shares of Kohler Co. common stock on February 20, 1953, at a price of $115 per share, which was at least $10 p...
Views: 2
This is a suit brought by the Secretary of Labor under the provisions of the Fair Labor Standards Act (hereinafter referred to as “FLSA”), 29 U.S.C.A. § 217, as amended, to restrain alleged violations of that Act, including specifically the withholding of unpaid wages due certain employees of defendants. The defendants are Wharf Constructers, a joint venture or partnership allegedly engaged in ...
Views: 1
This is an action for tortious interference with contract relations. The complaint asks for (1) an injunction restraining defendant from interfering with plaintiff’s right to employment with Geigy Chemical Corporation or any other corporation that may desire to employ him; (2) a declaratory judgment as to plaintiff’s rights under a contract dated November 29, 1961 between plaintiff and defendant; ...
Views: 0
The nature and earlier history of this action already sufficiently appear in 3 Cir., 268 F.2d 569. After trial to the Court on the merits of the stipulated issues the case is now ripe for decision.
ADJUDICATION
By stipulation of counsel
1
, as embodied in the pre-trial order, two ultimate issues are now before us for determination:
(1) Is plaintiff entitled to injuncti...
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This is a motion for summary judgment brought by defendant Paramount Pictures Corporation (Paramount) under Rule 56(b) of the Rules of Civil Procedure, 28 U.S.C.A. 1 In accordance with General Rule 9(g) of the General Rules of the United States District Courts for the Southern and Eastern Districts of *151 New York Paramount has filed a separate statement of material facts alleged not to be a...
Views: 2
Page 5887
This petition for. leave to intervene1 has been filed by Miklos Rozsa, as President, and George Duning, as Treasurer, on behalf of the Screen Composers Association, an unincorporated professional association (S.C.A.), and by Leith Stpvens as President and David Raksin as *342Treasurer on behalf of the Composers and Lyricists Guild of America, an unincorporated labor union (CLGA), and by George Dun...
Views: 4
In this proceeding the petitioner, the Regional Director of the National Labor Relations Board, seeks a temporary injunction under Section 10 (Z) of the National Labor Relations Act, 29 U.S.C.A. § 160 (Z). The charging party in the proceeding before the N.L.R.B. is Sealy Greater New York, Inc., hereinafter referred to as “Sealy New York.” The following facts appears to be undisputed:
Sealy, Inc., ...
Views: 0
This is a motion brought on by an order to show cause for a preliminary injunction pursuant to Section 10 (i) of the National Labor Relations Act, 29 U.S. C.A. § 160(i), pending the final disposition of the matters involved herein now before the National Labor Relations Board. A hearing was held on all the issues raised by this motion on May 2, 1962, at which time the petitioner produced several w...
Views: 0
This matter is before the Court on the motion of defendant to dismiss the complaints or in lieu thereof to quash the returns of service. Defendant also moved to dismiss for improper venue and on the ground of insufficiency of service of process.
In each case the plaintiff, pursuant to Section 16(b) of the Fair Labor Standards Act as amended, 29 U.S.C.A. § 216 (b), sued the defendant for unpaid min...
Views: 0
Upon their written request, the Secretary of Labor sues, under the provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. (1956) § 201 et seq. (hereafter called the “Act”), to recover minimum wages and overtime compensation for Charles William J. Creager, Mason F. Long, Jr., Albert Monroe, Charles Monroe and Max R, *72Snowden, present and former employees of Robert A. Harrell,...
Views: 0
This is a case in which a corporation doing business across a wide section of the eastern seaboard expands into an area where a local firm is using a similar trade name. The national user — the plaintiff in this case — seeks to bar the local user from using the name.
1
The local user contends that it is the prior user in the locality and is entitled to concurrent use of the name unde...
Views: 1
This is an action by the trustee in bankruptcy of G. George Field to set aside as fraudulent certain transfers of moneys and securities made by him to his wife. The complaint charges that the transfers were in violation of section 70, *198sub. e of the Bankruptcy Act1 and Article 10 of the Debtor and Creditor Law of the State of New York.2 The husband, the bankrupt, is a dentist who has been engag...
Views: 0
The plaintiff brings this action against the defendant corporation to recover damages for alleged slanderous statements made by Royal Cobum, General Counsel for Federal Deposit Insurance Corporation. The statements were made in open court during litigation before the District Court of Oklahoma County, Oklahoma.
The plaintiff asserts that jurisdiction of the matter exists by virtue of Title...
Views: 1
The complaint in Docket 837-62 alleges that on October 3, 1961 the New Jersey Commissioner of Banking and Insurance issued to the plaintiff Suburban Trust Company (Suburban), a certificate of authority to establish a branch banking office in the Borough of Mountainside, New Jersey, pursuant to N.J. S.A. 17:9A-20. It is further alleged that Suburban was unable, because of provisions of the Borou...
Views: 1
This is an action on a contract brought by the plaintiff, Georgia Casualty and Surety Company, a Georgia corporation, upon a comprehensive blanket insurance policy issued by the defendant, Seaboard Surety Company, a non-resident corporation, and liability is asserted under three separate insuring agreements set forth in the blanket policy.
First, liability is asserted under the terms of In...
Views: 0
The plaintiffs, Albert J. Minichello, Nicholas Mauriello and Ygnatz Yuchnis, on a derivative action on behalf of themselves and on behalf of other stockholders of the First National Bank of Exeter similarly situated, instituted an action against James J. Saxton, Comptroller of Currency for the United States of America, the First National Bank of Exeter, the Wyoming National Bank of Wilkes-Barre, a...
Views: 0
Plaintiff Bank moves for summary judgment pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A., contending that there exists no genuine issue of material fact requiring trial and that, on the pleadings and moving papers, judgment should be granted in its favor as a matter of law.
Upon the basis of analogous assertions, defendants cross-move for summary judgment dismissing the complaint and granting judgme...
Views: 0
This is a civil action instituted under Section 4 of the Act of Congress of July 2, 1890, as amended, 15 U.S.C.A. § 4, (commonly known and hereinafter referred to as the “Sherman Antitrust Act”), and Section 15 of the Act of Congress of October 15, 1914, as amended, 15 U.S.C.A. § 25, (commonly referred to and hereinafter designated as the “Clayton Antitrust Act”), in which the United States (he...
Views: 1
The plaintiff objects to interrogatories propounded by defendant.
Plaintiff has sued for damages for the death of her husband, who had been employed by defendant as a member of the crew of the S. S. “Gulfvictor”. The complaint (§ 5) alleges that decedent’s death occurred because he “was forced to work under improper circumstances and proper and prompt medical treatment was withheld from him”. The ...
Views: 1
This cause was removed from the Circuit Court of Jackson County, Missouri, because of diversity of citizenship.
REQUEST FOR ORAL ARGUMENT
Pursuant to Rule 10(a) of the Rules of this Court, plaintiff has requested oral argument upon her objections to defendant’s interrogatories. Upon full review of the files in this cause, and in consideration of the nature of the interrogatories and the objections...
Views: 0
Bernard and Sylvia Reich, as depositors in the plaintiff savings and loan association, seek to intervene for the purpose of obtaining the imposition of a constructive trust and recovering damages against certain defendants under a shareholder’s derivative suit theory. The defendant Federal Home Loan Bank Board (hereinafter called “Board”) has filed a counterclaim requesting in part substantially t...
Views: 4
Page 5909
General Motors moves for an order quashing a letter dated June 11, 1962 signed by Paul A. Owens, Chief, Special Unit, on behalf of Lee Loevinger, Assistant Attorney General, Antitrust Division, and addressed to Aloysius P. Power, Esq., General Counsel, General Motors Corporation, 3044 West Grand Blvd., Detroit 2, Michigan, which was sent by Certified Mail. This letter opens with the following para...
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This case was filed on May 25, 1962. The plaintiffs alleged in their Complaint that the suit was authorized under the provisions of 28 U.S.C. § 1346, and Chapter 171 of Title 28 of the United States Code, known as the Federal Tort Claims Act. The allegations in the Complaint are summarized as follows:
On or about May 27, 1960, plaintiff Mary B. Bell, who was residing in Japan as a military depende...
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In this case the defendant, Latrobe Brewing Company, through its counsel has filed a motion under Rule 5 III of the local rules of the United States District Court for the Western District of Pennsylvania, seeking the appointment of an impartial medical expert. This case involves a claim where personal injuries and death allegedly resulted from the inhalation by plaintiff’s decedent of fumes from ...
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This diversity action was filed on March 10, 1961. The complaint alleges that the plaintiff, C. W. Humphrey Company, was a franchised distributor and sales agency for storm windows and doors, and other products, manufactured from steel by the F. C. Russell Company, of Cleveland, Ohio, under the brand name of “Ruseo,” in 43 counties in the State of Iowa. In 1957, the plaintiff, with the knowledge a...
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This is a class action brought on behalf of all Negro children situated in Amityville School District No. 6, Babylon, New York. The plaintiffs primarily seek an injunction enjoining the defendants from requiring them to be registered in a racially segregated public elementary school, also requiring the defendants to register the plaintiffs in a public elementary school, racially integrated.
The co...
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On January 6, 1960, one of defendant’s aircraft was bound for Florida on a nighttime flight from New York. While *48flying over Bolivia, North Carolina, it was apparently destroyed in flight, and crashed near Wilmington, North Carolina. The lives of all on board were lost, and the 27 wrongful death actions in this case are one of the aftermaths.
The foregoing reference to the number of cases as be...
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This action seeks damages for wrongful death and is brought under the Jones Act, Death on High Seas Act and Common Law Act for Wrongful Death. Plaintiffs, by their first amended complaint, allege that the Defendants in said action on June 7, 1960, “were the owners and operators and/or charterers” of the vessel, “The Marie”, which vessel, prior *121to said date, was stationed in Santa Barbara, Cali...
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Plaintiff’s decedent, Israel Abrams, died on January 4, 1958, following an operation on December 19, 1957. On December 17, 1957, Abrams had entered the Albert Einstein Medical Center, Southern Division (Hospital), for elective gall bladder surgery and common duct exploration. He was placed in Room 807. On the very same day, another Israel Abrams entered the same hospital and was assigned to Room 3...
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Page 5917
This is a motion by the Immigration and Naturalization Service, Department of Justice, to vacate a determination by this court granting citizenship to Demetrios Devlas on February 5, 1962. The Service (petitioner) moves under Rule 60(b) of the Rules of Civil Procedure, 28 U.S.C.A.1
*131The pertinent facts are net in dispute. Devlas (respondent) was required to answer certain questions at the time ...
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Defendant moves under Rule 21 of the Federal Rules of Civil Procedure, 28 U.S. C.A., to add Ameco Electronic Corporation and one David Needleman as parties defendant.
In this action the United States sues the Commercial Bank of North America to recover funds deposited in the defendant bank by the plaintiff pursuant to an agreement of deposit known as a Special Account Contract. The funds were depo...
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Plaintiffs, the United States of America and the Export-Import Bank of Washington, filed this suit for damages against the defendant, Jefferson Trust and Savings Bank. The cause is before the court upon defendant’s motion for summary judgment.
The suit arises out of a loan made by the Export-Import Bank, hereinafter for convenience referred to as Export, to the Cotes de Fer Corporation, upon which...
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This matter is before the Court on the motion of defendants to compel the answers to certain questions asked of Raymond J. Anen, vice-president of plaintiff corporation, on oral deposition. The questions relate generally to possible conversations had in the presence of Mr. Anen with respect to defendants’ knowledge, intent and..efforts, alleged in Count IV of the complaint, to conceal, by painting...
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The Petitioner, Joseph A. Houlihan, has applied to this Court for an order directing return of all personal property allegedly unlawfully and illegally seized from him by Internal Revenue Service agents and its suppression as evidence against him in any criminal proceedings, pursuant to Rule 41(e), Federal Rules of Criminal Procedure, 18 U.S.C.A. A hearing was held, and after the taking of testimo...
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Defendant moves for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the complaint in this action on the ground that the plaintiff has failed to join certain indispensable parties. The plaintiff, Richmond Lace Works, Inc., a corporation organized under the laws of Massachusetts with a principal place of business in Rhode Island, brings this action ag...
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This is an action arising out of an accident in which plaintiff sustained serious injuries when he was pinned between the rear of his car and the front of a taxicab. Jurisdiction is predicated on diversity of citizenship. Plaintiff is a resident of New Jersey and defendants are, with the exception of Ford Motor Company, all residents of New York. Ford Motor Company is a resident of Michigan. The m...
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This is a diversity suit against the drivers of two motor vehicles, in one of which the plaintiff was a passenger. The plaintiff filed a complaint against the third-party defendant, alleging that diversity of citizenship exists between them. Plaintiff has noticed the defendant and third-party defendant of the taking of the oral depositions on August 6th and August 8th, 1962, in New Hampshire, of t...
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On October 25, 1961, plaintiff brought this action for payment of an account of $11,776.24 alleging he sold books to defendant which were shipped according to instructions given plaintiff by defendant. On November 7, 1961, defendant entered a general denial and counterclaimed for loss of customers and damage to his business in the amount of $45,000, alleging that plaintiff shipped defendant’s cust...
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Defendant, TIME, INC., moves for an order pursuant to Rule 30(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A. vacating plaintiff’s notice of examination before trial of certain of its corporate officers. Plaintiff moves for an order pursuant to Rule 33 of the Federal Rules of Civil Procedure extending the time within which plaintiff may answer or object to interrogatories propounded by de...
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The complaints in these two cases allege the arrest of two women in their apartments without warrants, the search of one of the apartments without a warrant, the women’s detention incommunicado in the city jail for more than 48 hours without any information of any charges against them, their later release on bond under charges of vagrancy and loitering, and the later dismissal of the charges when ...
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Plaintiff instituted this suit on August 9, 1961, to recover the sum of $6,246.60 which the plaintiff alleges represents overpayment of Class Q allotment paid to defendant, Ola L. Brown, wife of defendant, James P. Brown. Jurisdictional requisites are satisfied under 28 U.S.C.A. § 1345. The Complaint alleges that in 1950 the Army and Air Force became separate branches of the service, and that the ...
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This memorandum concerns itself with the question of the entry of judgment pursuant to Fed.R.Civ.P. 54(b), 28 U.S. C.A. on the order granting the motion of Admiral Credit Corporation for summary judgment on its counterclaim. Plaintiff has voluntarily discontinued its first claim against the defendant Admiral Credit Corporation. As that claim now stands, it is based on alleged violations of the Rob...
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This matter comes before the Court on the defendant’s motion to set aside a default entered on motion of the plaintiff for failure of the defendant to file an appearance or answer. The plaintiff, Stanley Stuski, a resident of Philadelphia, filed this suit against the defendant, United States Lines, on July 21, 1959. Thereafter the defendant was duly served on July 23, 1959. The suit was for damage...
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The plaintiff who was unsuccessful in his action for breach of contract of employment, seeks to review the taxation of costs by the Clerk of the Court which have been allowed in the sum of $11,-900.12.
There have been two trials, each to a jury. The first resulted in a disagreement following which the Trial Judge granted the defendant’s motion for a directed verdict as to which he had reserved dec...
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This cause is now before the Court on defendant’s motion to set aside a default judgment rendered in favor of plaintiff on-June 30, 1961, following an ex parte hearing as to damages. The matter has been submitted on oral testimony, documentary evidence, and written briefs. The facts are as follows:
Plaintiff is a citizen of Arkansas. Defendant is a citizen of Kansas who resides at 2929 Wellington ...
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This is an action to recover damages for personal injuries sustained by the plaintiff at the Greenville-Pickens Speedway by reason of the alleged negligence and recklessness of the defendants.
The plaintiff is a resident of the State of Connecticut; the defendant Joe Bailey, Jr. is a resident of Spartanburg County, South Carolina; the defendant National Association for Stock Car Auto Racing, Inc. ...
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This is an action for a balance in excess of $60,000.00 for goods sold and delivered. Defendant was a distributor of plaintiff’s tires, appointed to sell to other dealers in this area. Defendant filed a counterclaim alleging, inter alia, that plaintiff failed to credit defendant with $20,000.00 resulting from returns of merchandise, which returns were authorized by plaintiff. It is also alleged th...
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This matter is before the Court on the motion of the individual defendants Ivar and Richard Malmstrom to vacate that part of the order of January 3, 1962, which denied the motion to quash the return of service of summons as to each of them. In their motion to vacate, the individual defendants press the argument, not made in the original motion, that the service effected upon them personally in New...
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Hamper Matellian, one of three defendants named in a six-count indictment, has filed a motion to dismiss indictment and a motion for the return of seized property and the suppression of evidence. The motion to dismiss indictment is based on the grounds (1) that illegally obtained evidence was presented to the grand jury which returned the indictment, and (2) that the defendant was arrested on the ...
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Defendant moves to quash the service of summons and complaint upon him, which were left with his wife at his alleged residence at 9921 East Bexhill Drive, Kensington, Maryland, on the ground that that address was not his “dwelling house or usual place of abode” within the meaning of Rule 4(d) (1), F.R.CÍV.P. 28 U.S.C.A., which provides that service of the summons and complaint shall be made upon a...
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In this action plaintiff seeks to recover for injuries allegedly suffered in an automobile accident, including “a whip lash sprain of the cervical spine” and extensive aggravation of “a pre-existing but non-disabling heart condition.” Having by answer denied these allegations as to injury, the defendant now seeks by motion to cause the plaintiff to submit to-physical “examinations” for the purpose...
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This is an action brought pursuant to the Jones Act and general maritime law for injuries sustained as the result of an assault by a fellow crew-member. Defendant moves under Rule 14(a), F.R.Civ.P., 28 U.S.C.A., to join the alleged assailant, who is no longer in its employ, as third-party defendant. . Plaintiff opposes the motion upon the generally asserted grounds that the alleged assailant is im...
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The plaintiff objects to all of the interrogatories directed to him by the third-party defendant, Atlantic Port Contractors, Inc., on the ground that they are not directed to an “adverse party” within the meaning of Rule 33 of the Federal Rules of Civil Procedure, 28 U.S.C.
Plaintiff, a boilermaker employed by the third-party defendant, instituted this action against the defendants to recover dama...
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The plaintiff herein sued to recover damages for personal injuries resulting in the death of Stephen Kolb, her decedent. The defendant, A. H. Bull Steamship Company (Bull), caused a third-party complaint to be served upon George W. Rogers Construction Corporation (Rogers), wherein it seeks recovery by way of indemnity for any judgment it may be obliged to pay to the plaintiff.
On June 5, 1962 Roge...
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This matter is before the Court upon the motion of defendants Haeckl’s Express, Inc. and Leland Hodges to require plaintiff to elect between these defendants, as to whom he intends to proceed against. This Court previously considered the question of whether master and servant may be joined in federal court even though the master’s liability is based solely on the doctrine of respondeat superior. T...
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Two motions are now before us— (1) to strike the registration in thia District of a final judgment entered in a patent infringement suit by the United States District Court for the Northern District of Ohio (28 U.S.C. § 1963); (2) for an injunctive decree based on the judgment so registered directed against certain persons within this jurisdiction.
The registered judgment sought to be enforced in ...
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This case raises an interesting question of procedure. It deals with the deposition of an out of State witness who is claimed to be mentally incompetent.
Herbert D. Clark brought a suit for libel in the Common Pleas Court of Philadelphia County against New Amsterdam Casualty Company and its employee, Charles Geiger. The suit was removed to this court. Clark claimed that At-well, Vogel & Sterling, ...
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At the conclusion of the plaintiffs ease upon trial of this action the court granted defendants’ motion to dismiss,1 with costs allowed to defendants pursuant to Rule 54(d), Federal Rules of Civil Procedure. Separate cost bills were filed on behalf of the defendants A. Shyman, Inc., Russell Eddy and Joseph Hart and on behalf of the defendants K & L Distributors and Irving Ziegman. The Clerk, upon ...
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Page 5946
The defendant moves for an order dismissing the above cause for failure of plaintiff to join as a party plaintiff one Einard LeBeck, Inc., an Oregon corporation, as an indispensable party plaintiff or in the alternative requiring that said party be joined as a party plaintiff, and it appearing that the defendant issued its all risk floater policy of insurance in the amount of $100,000.00 to the as...
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A three count indictment charges the defendants with violations of the Narcotic Control Act, 21 U.S.C. §§ 173, 174, 21 U.S.C.A. §§ 173, 174 (1961) ,1 The defendant Cimino has moved for an order of discovery and inspection with respect to certain documents pursuant to Fed.R. Crim.P. Rule 16. Both defendants have moved for a bill of particulars pursuant to Rule 7(f), Fed.R.Crim.P. Defendant Cimino’s...
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On August 6, 1962, plaintiff’s complaint under the Jones Act and alleging unseaworthiness was filed. Maintenance and cure is also sought. Jury trial was demanded. The usual printed notice required defendant to answer “within 20 days after service - * *. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.” Service by the Marshal was made on ...
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The original action for damages on account of the death of one Emery Koszoru was brought against Alan Wood Steel Company (Alan Wood) and United Engineers and Constructors, Inc. (United). Alan Wood and United joined Koszoru’s employer, W. V. Pangborne and Company, Inc. (Pangborne) as a third-party defendant, on the ground that Koszoru’s death was due to the alleged negligence of Pangborne’s employe...
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This is an action seeking indemnification for damages which plaintiff was required to pay allegedly due to defendant’s negligence and breach of warranty in the manufacture of an air conditioning unit which plaintiff installed in the premises of a third party. The facts in this case are reported in detail in the earlier decision of this court granting defendant’s motion to dismiss for failure to st...
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This is a land condemnation suit by the United States of America for the taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners thereof.1 This 4.724 acres of land lies within the Canal right-of-way for the Algiers Lock Canal near New Orleans, Louisiana. Although the Government previously acquired a perpetual easement on this land...
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This action is one to recover damages for breach of a written contract pertaining to the transfer of shares of stock of Mercu-Ray, the corporate plaintiff. The contract, which is attached to the Complaint as Exhibit A, is dated September 8, 1960, and was signed by plaintiff Kreager and one Joan Di Nocola, who signed on behalf of her “principals” stating that she was fully authorized to do so. The ...
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The importance of determining the question of the court’s jurisdiction promptly once it is raised and the history of this case pertaining to the issue of jurisdiction subsequent to the filing of the Motion To Dismiss For Want of Jurisdiction (Document No. 20) are covered in the Memorandum of June 29, 1962, D.C., 31 F.R.D. 567 (Document No. 33). The authorities cited in the attached brief of defend...
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Defendant General Electric Company (“GE”) has moved for an order directing separate trials on the issues of liability and damages and a protective order staying discovery as to damages pending the determination of liability. Rules 42(b) and 30(b), Fed.Rules Civ.Proc. 28 U.S.C.
The underlying action is a suit for damages filed October 3, 1961, in which jury trial has been demanded by plaintiff, Fai...
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Plaintiffs have filed a request under Rule 36, Federal Rules of Civil Procedure, that defendants admit: “That the accident of August 20, 1960 which occurred at approximately 7:00 P.M. in Towson, Maryland, involving Karl E. Lehmann, Elriede (sic) Lehmann, Elke Lehmann, Rudiger Lehmann and Uwe Lehmann, was caused solely by the negligence of Ernest Luke Harner.” Defendants have objected to the reques...
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This is an action by a construction contractor for damages it claims to have sustained in building a sewer for defendant under a contract awarded to plaintiff under competitive bidding. Plaintiff claims to have suffered damages on the ground that defendant misrepresented the condition of the subsurface where the work was to be done and that hence plaintiff’s actual costs for doing the work were mu...
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Before us for consideration is the objection of the use-plaintiff, Liberty Mutual Insurance Company (Liberty), to interrogatories propounded to it by the plaintiffs, Deborah Jones, infant, by *525Sara J. Jones, her mother and next friend, and by Sara J. Jones, individually and as administratrix of the estate of Lewis N. Jones. The use-plaintiff objects on the ground that it is not an adverse party...
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Page 5958
Rule 34 of the Rules of Civil Procedure authorizes the court, upon motion and *527for good cause shown, to order any party “to produce and permit the inspection and copying or photographing” of practically anything “not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26(b)”. Rule 26(b) of the Rules of Civil Proce...
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This action was instituted on August 17, 1960 in the Washington Division, United States District Court, Eastern District of North Carolina. It allegedly arose out of a series of three separate purchases of hogs from the Valdosta Livestock Co., Inc., Valdosta, Georgia, by the defendant Jacob C. Williams, who allegedly made said purchases for the Washington Hog Market, Inc., Washington, North Caroli...
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Under the terms of an agreement between the parties herein the defendant, a New York corporation, constructed and installed a skylight in premises in Greenwich, Connecticut, owned by the plaintiff, a citizen of that state. The plaintiff, claiming that the said skylight, by reason of its faulty construction and negligent installation and erection “tore loose and damaged the plaintiff’s property and...
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The defendants are charged in a thirteen count indictment filed May 17, 1961. The first two counts allege the use of the mails in furtherance of a scheme to *542defraud, 18 U.S.C. § 1341 (1958)/1 Counts 3-6 allege use of interstate wire and radio facilities in furtherance of said scheme, 18 U.S.C. § 1343 (1958).2 Counts 7-13 allege transportation in interstate commerce of stolen securities and mon...
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By resort to a motion grounded upon Rule 16, and a subpoena duces tecum to the United States Attorney under Rule 17(c), Federal Rules of Criminal Procedure, the defendant seeks to have the government produce certain letters which are admittedly in its possession in advance of the trial so that the defendant may inspect and copy them.
The defendant Shackney was indicted on July 17,1962 under nine c...
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The motions of defendants Bowden and Smith to suppress certain items of evidence upon the ground that those items were illegally obtained by the police came on to be heard by the Court after the jury had been selected and excused pending the outcome of this hearing. The Court heard two days of testimony, and now makes the following findings of fact and conclusions of law. I Both defendants were ar...
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This litigation revolves about a trademark “Haviland” claimed by plaintiff, which is used on merchandise, the sale of which runs into millions of dollars annually. More than two years ago the defendants served a notice to take the deposition of the plaintiff by the Chairman of its Board of Directors, resident in Limoges, France. No action was taken to vacate that notice until recently when the def...
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This case is before the Court on the defendant’s Motion for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure. The facts of this case are thoroughly set out in the opinion of the United States Court of Appeals which reviewed the second trial of this controversy.1
The defendant’s Motion for Summary Judgment is predicated on the basis that there is no factual dispute for the jur...
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Petitioner, during a trial to No. 13521 Criminal of this Court, changed his plea from not guilty to guilty and on January 5, 1962 was duly sentenced to a term of four years. He is presently at the United States Penitentiary, Lewisburg, Pennsylvania. He has now filed a motion under Rule 32(d) of the Federal Rules of Criminal Procedure to set aside the judgment of conviction and permit him to withdr...
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Coopersmith Bros., Inc. (hereinafter Coopersmith) filed a complaint against Stefko Boulevard Shopping Center and Food Fair Properties, Inc. (hereinafter Food Fair) on May 6, 1959. The complaint sought to recover sums owing plaintiff arising out of construction of a shopping center in Bethlehem, Pennsylvania. Food Fair’s answer disputed the charges alleged by Coopersmith in hundreds of minute respe...
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Defendants, residents of Michigan, move to quash the service of summons on them. Defendants obtained farm equipment from plaintiff under an instrument, denominated a lease, which defendants signed and acknowledged in May 1961 and which plaintiff signed in July 1961. The last operative clause of the instrument provides: “ * * *; and the Lessee [i. e., defendants] hereby designates Florence Weinberg...
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This action, which was brought under 26 U.S.C.A. § 5606,1 is a libel to forfeit real estate alleged to have been used for the operation of an unlicensed still. An answer to the libel was filed by Abe Markowitz, President of the David Realty Corporation (Document No. 8). The answer denied any knowledge on the part of the corporation of the illegal use to which the property here involved was put.2 A...
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In January, 1961, Herman Berman, a citizen of Pennsylvania, instituted an action against Herrick and Kamber, citizens of New York. Berman is a general contractor. His claim is that defendants, owners of the Lewis Tower Building, which was then in a state of disrepair, conceived a scheme to effect improvements and modernization of the Lewis Tower Building at the expense of Berman and others who fur...
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The defendants were indicted by a grand jury in this district, counts 1 through 6 of the indictment charging that they did knowingly cause the mails to be used for the mailing and carriage in the mails, and did knowingly cause to be delivered by mail, from Fresno, California, to certain places of business in this district certain obscene, lewd, and indecent books in violation of 18 U.S.C. § 1461 a...
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Plaintiff instituted this action on June 15, 1961, to recover damages for personal injuries alleged to have been sustained ■on September 17, 1958, while plaintiff was employed by defendant in switching ■operations in defendant’s yard at Laurel, Montana. Plaintiff has filed a motion, pursuant to Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to require defendant to produce for inspec...
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This case is now before the court on defendant duPont’s Motion For Summary Judgment (Document No. 40) and plaintiff’s Motion For Leave To Amend the Complaint (Document No. 41).
The Complaint is based on a promissory judgment note dated April 9, 1959-(exhibit to Document No. 1), payable to the Farmers Bank of the State of Delaware, which was executed by C. D. Davis, the original plaintiff, and the ...
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Page 5974
, After removal of this case from the state cotirt, the defendants now move to dismiss it on the ground that their activities in the state were not of such a character as to subject them to suit in Connecticut.
*45The warrant for the state’s reach of service beyond its territorial borders upon a foreign corporation is found in Conn.Gen.Stats. § 33-411 (Rev. of 1958), which provides for service of ...
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The issue for decision in this motion is whether or not the defendants should be allowed additional time in which to make an answer to the complaint. The action arises out of a collision which occurred on Route U. S. 1 in Bucks County on June 23, 1958. Argument on this motion revealed that the plaintiffs, who are residents of New York, negotiated through their New York attorney with the defendants...
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MOTION BY DEFENDANT BIRNBAUM TO DISMISS COUNT 1, THE CONSPIRACY COUNT
The conspiracy count is not limited to a charge that the defendants Simon and Birnbaum conspired to violate the bribery statute, 18 U.S.C. §§ 201, 202; it also charges that it was part of the conspiracy that the defendant Simon, an Internal Revenue officer, under color of his official duties, would corruptly examine certain tax ...
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The plaintiff seeks damages for the death of his decedent arising out of an automobile accident which occurred in the Bahamas; and, in connection therewith, has filed a request under Rule 33 F.R.Civ.P., 28 U.S.C.A. for answers as to whether or not the defendant was covered as an assured under an auto liability insurance policy on the date of the accident; and, if so, what was the monetary limit of...
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Pursuant to Rule 30(b) of the Federal Rules of Civil Procedure, defendants have moved to vacate plaintiff’s notice to take the deposition of defendants by “an agent, employee or servant having knowledge” of an accident alleged to have occurred aboard their vessel.
This form of notice to take defendants’ deposition is defective on several grounds. First, it fails to comply with Rule 30(a), Fed.R.Ci...
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Plaintiff has filed a motion invoking the provisions of Rule 37 of the Federal Rules of Civil Procedure, 28 U.S. C.A. and asks the Court to direct the witnesses named to answer specific questions, and, in addition, to answer general questions on depositions, they having previously appeared and been examined extensively on the issues involved in the ease. Plaintiff has not shown us in his argument ...
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This is an action seeking damages for personal injuries sustained by the plaintiff Rudy Charles Cassady resulting from alleged negligent conduct of the defendant’s agents and servants.
The case is now before me upon defendant’s motion for summary judgment.
In an affirmative defense set up in its answer the defendant contends that the South Carolina Workmen’s Compensation Act (Sections 72-1 et seq....
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This is an action on an open marine insurance policy issued by defendant to plaintiff. Plaintiff is a commercial factor and finance company, whose principal business is financing import and export shipments and other commercial transactions. Plaintiff, claiming a financial interest in 118 Volkswagen automobiles, seeks to recover the insured value thereof in the sum of $169,548.11. The automobiles ...
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In this suit for wrongful death under the Federal Employers’ Liability Act, plaintiff has filed a motion for the sequestration of witnesses to be examined on pretrial depositions. The witnesses are ten employees of the defendant. The motion falls squarely within Rule 30(b) and we shall therefore treat it as an application for a protective order under the Rule. Rule 30(b) provides that “for good ca...
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This is a summary judgment case. Plaintiff, Courtney Clements, a resident of New Mexico, brought suit against the defendant, Caprock Electric Cooperative, Inc., a Texas corporation, for injuries sustained by him on its premises on February 3rd, 1958, when, as a lineman employed by an independent contractor (R. & S. Construction Company), he received an electrical charge from a high voltage line on...
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This is an action under the Miller Act. After a protracted jury trial plaintiff recovered a judgment in the amount of $30,633.17, with interest of $4,441.82.
Upon appeal the amended judgment was vacated as to Paragraphs 1 and 2, the verdict was set aside as to the award of damages in Paragraphs 1 and 2, and *140the ease remanded to this Court for a new trial restricted exclusively to the amount of...
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The plaintiff herein brought an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for a review of a final decision of the Secretary of Health, Education and Welfare, which held that although the plaintiff was entitled to old age insurance benefits under the Act, she was ineligible to receive payment thereof in any month of the years 1957 and 1958 because she performed s...
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Page 5986
The plaintiff in the above action is a labor organization, eligible to bring suit under the Labor Management Relations Act, 29 U.S.C.A. § 185; and brings this action for a declaratory judgment, specific performance, damages and other relief, arising out of a claimed violation of a strike settlement contract.
The factual background alleged in the complaint is that after the commencement of a strike...
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An indictment was returned against defendant Markley and seven other defendants which charges in Count I that the defendants conspired to violate 18 U.S.C.A. §§ 472 and 473, in violation of 18 U.S.C.A. § 371.1 There are 13 overt acts set forth under Count I which are alleged to have been done in furtherance of the conspiracy and to effect the objects, designs and purposes of said conspiracy. Defen...
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Indictment 61 Cr. 133, returned by the Grand Jury on February 6, 1961, was originally in 62 counts, charging defendant Schwebel and Greenberg in one count with participation in a conspiracy to violate the Securities Act of 1933, and the mail and wire fraud statutes (18 U.S.C. §§ 1341, 1343), and in the remaining counts with specific violations of various sections of the Securities Act. A motion by...
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Plaintiff sued defendant alleging that defendant negligently permitted one Kerr to open a bank account in plaintiff’s name and to draw checks on that account without plaintiff’s knowledge or authority. Most of the cheeks here involved which were so drawn by Kerr were either to himself or to corporations which he controlled (Donald M. Kerr, Inc., and Sub- , urban' Marketers, Inc.). Defendant join*1...
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This is an action for damages for personal injuries suffered by plaintiff on account of negligence alleged on the part of the defendant Standard Oil Company of California, while plaintiff was employed by Weaver Brothers contractors, in October of 1960. Jurisdiction of the court is based on diversity of citizenship.1 The case was originally filed in the Superior Court for the State of Alaska, Third...
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This is a motion under Rule 37(b)(2), 28 U.S.C.A. asking the Court for an Order barring the defendant from asserting the defense that it it did not have control over the distribution, bottling and sale of the bottle of Seven-Up which is alleged to have injured the plaintiff. The motion is based upon the delay of the defendant in answering interrogatories seeking this information, which were propou...
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This is an action brought under Section 405(g) of Title 42 of the United State Code Annotated to review the final *344decision of the Secretary of Health, Education and Welfare denying plaintiff certain benefits under the Social Security Act. Section 405(g) confers upon the District Courts of the United States jurisdiction to review the administrative record in order to ascertain whether the Secre...
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In this case plaintiff contended that he injured tendons in his finger while performing his duties as a seaman aboard defendant’s vessel, the S. S. Wisconsin. The jury did not believe plaintiff’s account of how he injured his finger, and apparently accepted defendant’s version that the injury occurred during a fight on shore. Accordingly, a verdict for the defendant resulted. The plaintiff has set...
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This case was originally listed for trial in October, 1958. At that time, a pre-trial conference was held. Thereafter, no further proceedings were taken in the case. On October 6, 1961, the Clerk of the District Court filed a Notice of Dismissal for failure of prosecution under the authority of Local Rule 18. That Rule reads in part as follows: “Whenever in any civil action the Clerk shall ascerta...
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This matter is before the court on the plaintiff’s motion for a new trial after a general jury verdict.
The case went to the jury on three counts. The first count involved the allegation of .negligence on the part of the defendant. No question is raised at this time as to the propriety of the manner *350of submission of that count to the jury. The second count went to the jury on the issue of the ...
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Defendant’s objection to plaintiffs’ interrogatory in Civil Action 61-383 requesting defendant to state whether he carried automobile liability insurance and the extent of the coverage raises an interesting and perplexing problem. Determination of the limits of liability insurance coverage undoubtedly may be very helpful in securing the expeditious and early settlement of a law suit. If potential ...
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The amended complaint alleges that plaintiff processes and manufactures petroleum products, among which is a lubricant called “Klingfast” which it sold in various amounts during 1953 and 1954 to a customer, Paulsen-Webber-Cordage Corporation. Paulsen later filed an action in this Court (Civil No. 32512) against this plaintiff for breach of warranty with *357respect to the product and on February 1...
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Before us is the second motion filed by this defendant in this proceeding to suppress evidence. Nathan Sherman was indicted November 22, 1960 for violation of Title 26 U.S.C. §§ 7262 and 7203. His first motion to suppress, filed February 21, 1961, sought the suppression and return of currency. The Government filed an answer to the motion and the Court, after a hearing on June 20, 1961, ordered the...
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This is a personal injury suit in which plaintiff, a truck driver employed by Branch Motor Express Company, was seriously injured on November 7, 1957. Plaintiff was driving a tractor-trailer loaded with steel angle irons, or steel channels, when the chain binding the angle irons onto the fiat bed of the trailer snapped and the load shifted, causing the tractor-trailer to go out of control. On Octo...
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This cause is before me on the defendants’ motion to dismiss upon the ground that the complaint fails to allege a class action and on their alternate motion to strike from the complaint all of the parties-plaintiff other than the first named plaintiff and all of the allegations which are unrelated to the first plaintiff’s cause of action upon the ground that no class action is alleged.
These motio...
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This is a motion by defendant pursuant "to Rule 30 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to vacate a notice to examine the defendant by its ■chief engineer.
Plaintiff, a seaman, has instituted an :action to recover damages for illness .allegedly sustained on board defendant’s vessel. He claims that the air conditioner in his room was broken and faulty, and that the thermostat was b...
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This matter comes before the Court on plaintiff’s petition to open the default judgment entered by this Court on May 25, 1961, against Mooney Aircraft, Inc., a corporation, and Mooney Sales Company, a corporation, as to liability in which it was further ordered that, as to the defendants, the only question for the determination of the Court and jury was the amount of damages as to said defendants....
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The present questions arise from a motion by the plaintiff for a so-called “partial” summary judgment, pursuant to Rule 56(d) F.R.Civ.P., 28 U.S.C.
The plaintiff, a surety on a construction contract executed in connection with work done by W. E. Dunn Construction Company, sues the defendant personally as an alleged indemnitor with reference to the surety bond. The defendant by his answer denies an...
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This is an action for personal injuries arising from the collision on the streets of Chattanooga, Tennessee, of a Greyhound bus and an automobile in which the plaintiff Kilgore was riding as a guest in midaftemoon on Labor Day weekend, 1960. The jury returned a verdict for the defendant, and the plaintiff has filed a motion seeking to have such verdict and the judgment entered thereon set aside an...
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This case is before the Court on plaintiff’s motion to require defendant to state the limitations of his liability insurance policy covering the automobile that he was driving at the time of the accident. The question was propounded to the defendant during his pre-trial examination on March 3,1962, at which time his counsel advised him not to answer. After the deposition was given, a pretrial was ...
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According to the complaint in this action, plaintiff seeks to recover a so-called “escrow deposit” of $18,000 made in connection' with a contract under which the present parties and three others agreed to form a corporation to engage in the interim financing of motion pictures (first and second cause of action). Plaintiff also sues to recover for losses incurred by reason of allegedly improper and...
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This is a suit for damages under the Jones Act, 46 U.S.C.A. § 688 and the General Maritime Laws in two counts. Plaintiff, a resident of Kentucky, sued the defendant corporation, a resident of Iowa, in the Western District of Missouri where defendant is alleged to have an office and its principal place of business at Kansas City, Missouri.
The record shows that defendant served timely notices to ta...
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This is an action for wrongful death, brought by the executrix of the Estate of Thayer McDaniel, seeking to recover damages in the amount of $200,000.00. Mr. McDaniel died as a result of an automobile accident, the defendant herein having been the driver of the other vehicle. Plaintiff propounded three interrogatories to defendant. The first inquired whether defendant was insured at the time of th...
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Plaintiff, Uncle Ben’s, Inc., is" suing defendants, Uncle Ben’s Pancake Houses, Inc., et al., for trademark infringement, unfair competition and unjust enrichment.
Defendants have submitted a motion to produce documents requested pursuant to a subpoena duces tecum. Plaintiff opposes the motion by relying on (a) the work product rule enunciated in Hickman v. Taylor, 329 U.S. 495, 67 *507S.Ct. 385, ...
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1. Defendant argues that plaintiff’s, failure to perform the condition precedent12 to defendant’s liability asserted here, discharges defendant from any duty or obligation, under the policy covering the Frank W. Diver, Inc., car agency, to plaintiff who was operating one of the agency’s cars at the time of the accident—i. e., although plaintiff notified his own insurer promptly of the accident, no...
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Certain defendant landowners in each of the above cases have filed identical motions for production, inspection and copying of documents along with identical interrogatories to be answered by plaintiff, and have submitted brief in support of the motions and the interrogatories.
The plaintiff has filed identical objections to the interrogatories and to the motions for production, inspection and cop...
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The plaintiff commenced an action for personal injuries allegedly caused by the negligence of the defendant. De*523fendant has moved to dismiss the complaint on the grounds that plaintiff has received workmen’s compensation benefits from Employers Mutuals of Wausau, and that under Michigan Compiled Laws, Section 413.15 (1948) (Mieh.Stats.Ann. Section 17.189, as amended 1952), that company would be...
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Plaintiff moves for an order pursuant to F.R.Civ.P. 37(a), 28 U.S.C.A., requiring defendant’s President, William F. Lennan, to answer certain questions propounded to him on his deposition upon oral examination. This action is one to recover damages for the loss of a trailer owned by the plaintiff.
On October 4, 1959, under an agreement for the interchange of trailer equipment, the plaintiff delive...
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This is an action for a deficiency judgment on a note and for other relief. Before the Court is defendants’ motion for a new trial under 28 U.S.C.A. Civil Procedure Rule 60(b). This case has had a long history. The trial Court found for plaintiff in 1944 in an unreported opinion. That judgment was subsequently affirmed on appeal. 151 F.2d 907 (3rd Cir., 1945). Since then, defendants have repeatedl...
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This is a motion by defendant for an order suppressing the use of any oral or written statements obtained from him after 10:00 P.M. of the evening on which he was arrested. A hearing was held on the motion before this Court on May 10, 1962, and the Court finds the following facts: The defendant was arrested on Friday evening March 30, 1962 at approximately 6:15 P.M., pursuant to a warrant issued o...
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This is a motion to direct the defendant to submit its employees to depositions to be taken by a tape recorder. It appears that the deposition of the defendant was noticed to be taken by the Assistant Personnel Director of the Dining Car Department and by the Personnel Director of the Dining Car Department, and by another employee. Subpoenas were served upon the persons whose depositions were noti...
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Plaintiff opposes defendant’s motion to join third-party defendants. This is an action against the defendant insurance company on a blanket crime insurance policy issued by it. Plaintiff rests its claim on allegations that it suffered losses at least in the full amount of the $75,000 policy limit because of fraudulent and dishonest acts of plaintiff’s employees in issuing credit memoranda to certa...
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The plaintiff has filed, pursuant to Rule 54(d), a motion for review of the action of the Clerk of this Court in folding that plaintiff is not entitled to recover mileage paid to witnesses for traveling in excess of 100 miles each way, to and from the Court. In its brief, plaintiff stated that four of its witnesses came from Mount Vernon, Ohio, each traveling 824 miles, another came from Fairborn,...
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On October 3, 1961, the Comptroller of the Currency gave preliminary approval to the formation of two new national banks, the Crescent City National Bank and the Whitney National Bank in Jefferson Parish, Louisiana, subject to approval by the Federal Reserve Board of the formation of a holding company for the purpose of acquiring the stock of such banks, pursuant to the Bank Holding Company Act of...
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This matter comes before the Court on “Defendant’s Motion That His Deposition Not Be Taken or That it be Stayed and the Place of' Taking Changed”, and on the Plaintiffs’ memorandum of points and authorities in opposition thereto. By the complaint Plaintiffs allege that on information and belief, the Defendant Saxon’s issuance of a branch certificate to the Tinker National Bank of East Setauket ...
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This is a suit for collection of fire insurance, jurisdiction being by virtue of diversity of citizenship. It was filed on June 19, 1957, by Joe W. Scales as owner of certain feed and grain mill property that had been destroyed by fire on July 14, 1956, and by holders of certain mortgages on the property. The defendants are nine different insurance companies. Plaintiffs seek recovery, in addition ...
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This case was called for trial May 7, 1962. At that time five preliminary matters were pending before the court, as follows:
1. Defendants’ objections to interrogatories.
2. Plaintiff Helen Corinne Scales Trice’s motion to file and amend her reply to the defendants’ amended counterclaims.
3. Plaintiff Trice’s motion for summary judgment.
4. Defendants’ oral motion of April 23, 1962, for judgment o...
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This is a suit for damages for personal injuries by a guest against the operator of a resort motor hotel.
Defendants have moved, under Rule 12 (e) of the Federal Rules of Civil Procedure, for an order requiring plaintiff to make a more definite statement of paragraph 5 of the complaint herein:
“While so engaged [allegedly using swimming facilities of defendants’ motor court as invitee and guest] p...
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Plaintiff is a New York corporation engaged in the business of selling tax-free bottled wines and liquors for export to departing passengers at New York International Airport. Upon advice of the Attorney General of the State of New York, the New York State Liquor Authority, the members of which are defendants herein, informed plaintiff that its business was illegal as unlicensed and unlieensabl...
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In this suit for unfair competition and trademark infringement, defendant has filed a 17 page answer and counterclaim containing a total of 69 paragraphs. The counterclaim seeks damages of $125,000. Many of the paragraphs of the answer and counterclaim are conclusionary in the sense that they fail to state any facts underlying the allegation. An example will suffice: paragraph 32 of the answer ass...
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Before me is the motion of defendants, Safe-Play Manufacturing Company, Safe-Play Sales Corporation, and Welded Tube Company of America, to amend their answers previously filed to include the defense of Statute of Limitations. The complaint to which the answers were filed alleges that defendants, pursuant to an agreement to manufacture hammocks for plaintiff, shipped some of the hammocks on plaint...
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We have before this Court a Motion to Dismiss under Rule 12(b) (6) of the Federal Rules of Civil Procedure or in the alternative a Motion for a More Specific Complaint brought pursuant to F.R. C.P. 12(e).
This is an action for damages arising out of injuries resulting in the death of plaintiff’s decedent in the State of Massachusetts.
As to parties, we have one (1) plaintiff and four (4) defendant...
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This ease involves the alleged misappropriation of a design idea for a rotary type light switch. Defendant denies any unlawful appropriation, alleges that a contract controls the case, and maintains that no confidential relationship existed at any time.
The alleged contract upon which defendant relies contains a provision allowing defendant the right to certain “submitted ideas” for one thousand d...
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In this case the question has arisen whether this Court shall allow the defendant, who prevailed in this case, the cost he incurred in taking depositions of local persons resident within 100 miles of this courthouse. Defendant used some of these depositions merely to prepare for trial and to narrow the issues. He used other depositions for those purposes and also to cross-examine witnesses called ...
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The above nine-page Motion, with voluminous attachments, is based on the following documents and information in the record in this case: 1. On September 19, 1961, plaintiff propounded interrogatories to be answered by the present defendant (Document No. 6). 2. On November 1, 1961, the court entered an order directing certain of such interrogatories to be answered within thirty days (Document No. 1...
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Thomas Altemus filed this action against Pennsylvania Railroad (hereinafter “Railroad”) and Gulf Oil Corporation (hereinafter “Gulf”) to recover for personal injuries sustained when he fell from a ladder while working for the Railroad in Wilmington, Delaware. Defendant-Railroad filed a cross-claim against defendant-Gulf on the theory that Gulf is liable to indemnify it for any liability it may owe...
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This is an action against the United States to set aside an order of the Interstate Commerce Commission, hereinafter referred to as the ICC. The order complained of dismissed a complaint filed by plaintiff with the ICC against a number of railroad companies, alleging, primarily, that it had been subjected to the payment of “unjust and unreasonable” rates for the transportation of plywood. The ICC ...
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in Bankruptcy. The Trustee’s objection to the allowance of the claim of Otri Realty Corporation is presented to this Court for determination of the issues on a Stipulation and Agreement of Facts, and upon briefs. The relevant facts are, in outline, as follows: (1) Prior to filing of Petition in Bankruptcy, a written lease of real estate located in Youngstown, was executed between Otri Corporation ...
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in Bankruptcy. There came on for hearing before this Court, the Trustee’s Application for a Turnover Order to require the bankrupt to pay to the Trustee herein, the sum of $156.34, representing the non-exempt portion of wages due bankrupt from his employer on the date of the filing of this petition in bankruptcy. The matter was submitted on the evidence and oral argument of counsel. It is elementa...
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This is a motion under Rule 37(a) to compel further answers to certain of plaintiff’s interrogatories addressed to defendant United Air Lines Inc. This action, to recover damages for the death of plaintiff’s husband, was commenced on May 2,1961. On October 20, 1961, plaintiff served interrogatories upon defendant. The form of these interrogatories was compromised by agreement in January 1962, and ...
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. Defendant, William Mitchell, was convicted of the sale of narcotics and accordingly given a mandatory sentence of five years, which he is now serving. His conviction was undoubtedly based upon the testimony of two persons, one Harold Morgan, an informer, and one McDonnell, an agent of the Federal Bureau of Narcotics. They testified that in 1957 the defendant had made a sale of narcotics to them ...
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The United States of America, at the request of the Assistant Postmaster General, Bureau of Facilities, has filed this suit for the taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest. The authority for the taking is contained in 39 U.S.C. §§ 2103(a) (2) (A), 2113(a) and 2114, supplementing the authorit...
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This is a suit for personal injuries arising out of an automobile accident. The plaintiff has filed a motion to require the defendant to disclose the facts with regard to any automobile liability insurance held by the defendant. This information is sought as a part of the discov*160ery authorized under the provisions of Rule 26(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. In substance t...
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On December 15, 1961 the Intervenor filed a Notice of Appeal from an order of this Court dated November 13, 1961,— a period exceeding thirty (30) days. Defendant moves, by a motion in which the use-plaintiff has joined, to dismiss the said Notice of Appeal as untimely, úpon the ground that it was filed after the lapse of thirty days. Intervenor cross-moves to extend its time to appeal to January 1...
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This is a suit for personal injuries. Pending before the court are two motions, one for default judgment by defendant Continental against co-defendant Rimroek for failure to answer cross-claim, the second by Rimroek for dismissal of the cross-claim of Continental. The question to be determined is whether the prior dismissal of this suit as to defendant Rimroek because of the absence of diversity o...
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This matter is before the Court on motion of plaintiff for production, inspection and copying of documents pursuant to Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
Basically, suit was instituted by plaintiff, a resident of Florida and a minority stockholder in defendant, T. J. W. Corporation. The complaint averred that defendant, T, J. W. Corporation is a Pennsylvania corporation, ...
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Defendant, Robert G. Cox, was indicted, jointly with others, in two counts of a three-count indictment, charging him with violations as follows: in Count One, defendant was charged with violation of Section 2314, Title 18, U.S.C. for receiving stolen goods, valued at more than Five thousand Dollars ($5,000) which were part of an interstate shipment. In Count Two, other defendants, but not defendan...
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In this action for declaratory judgment instituted by Allstate Insurance Company requesting a determination as to its liability on a policy of insurance issued to defendant Valdez, this court held that Allstate was liable on the policy. 190 F.Supp. 893 (1961). However, in that decision, the court did not rule on the counterclaim by Valdez for attorney’s fees and expenses incurred in responding to ...
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Defendants have been indicted by a Grand Jury for violations of Sections 1341 and 371, Title 18, U.S.C. in an indictment of some 28 counts. The indictment charges defendants jointly and severally with scheming “to defraud purchasers and prospective purchasers of certain vending machines sold by Hanlin Manufacturing Company or Midwest Manufacturing Company, and to obtain money and property from suc...
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This motion picture anti-trust suit was begun December 31,1952, over nine years ago. The last previously docketed proceeding having been defendants’ notice of taking depositions on September 14, 1959, the Clerk of this court sent a notice to counsel for the parties on September 19, 1961, conformably with Rule 18 of this court, which provides: “Whenever in any civil action the Clerk shall ascertain...
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This is an action for personal injuries Sn the nature of bodily burns allegedly ■suffered on August 4, 1960, as a result ■of a gas explosion which occurred while plaintiff was attempting to light an automatic gas hot water heater in the basement of her home. It is alleged that defendant, Robertshaw-Fulton Controls •Company, manufactured the gas control •device on the hot water heater and that t...
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In this action the defendants, without filing an answer to the complaint, moved for summary judgment with supporting affidavit; the plaintiffs did not file any opposing affidavits. At the hearing it seemed that none of the material facts were in dispute and the case was ripe for decision. Subsequently, however, defendants without leave of court, filed another supporting affidavit; plaintiffs, *513...
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AND NOW, October 15, 1962, after consideration of the foregoing Motion, the attached briefs of counsel, oral argument and the record, IT IS ORDERED that Part (2) of defendant’s MOTION FOR INSPECTION is DENIED, without prejudice. Part (1) of the Motion refers to forms of “Monthly Certification of Training” referred to in the Indictment. The Government has agreed to permit inspection and copying or ...
Views: 0
In the United States District Court for the Southern District of Florida, plaintiffs obtained a judgment which they registered in this court under 28 U.S.C.A. § 1963, by filing a certified copy of the Florida judgment. Under F.R.Civ.P. 60(b) defendants have moved this court to be relieved from the effects of the judgment here, contending that the Florida court had no jurisdiction over them and tha...
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This matter is before the Court on motions of defendant (a) to dismiss Complaint for wilful failure to appear for deposition after proper notice under F.R.Civ.P. 37(d), and (b) to dismiss Complaint for failure to prosecute action under F.R.C.P. 41(b). In support of its motions defendant filed an affidavit setting forth the following facts: 1. The particular facts giving rise to plaintiffs’ alleged...
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Page 6058
There are four defendants in this case. Two of these, American Fidelity & Casualty Company, Inc., and Market Service, Inc., a/k/a Markel Service by their attorneys moved this Court to permit untimely filing of motions to dismiss the complaint. That motion supported by an opinion was refused. A second motion was filed to reconsider the previous decision dismissing the motion for untimely filing. At...
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Defendant and Third-Party Plaintiff, Commonwealth Oil Company, attached *584the affidavit of W. Mack Crook to its brief in opposition to the motion for summary judgment of Third-Party Defendant Clayton Mark & Company. The affidavit related to tests made by the affiant as an expert engineer hired by Commonwealth to determine whether or not Clayton Mark & Company had manufactured a defective union.
...
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On March 9, 1962, defendant’s present counsel, having first entered his appearance for defendant on February 14, 1962 (Document No. 18), filed the above Motion. On March 13, 1962, Chief Judge Clary entered an order (Document No. 24) directing, in part, as follows:
“ * * * that defendant’s motion to dismiss for lack of jurisdiction be placed on the next Argument List of the Honorable Francis L. Van...
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This matter came before the Court for trial, without a jury, wherein the plaintiff, Securities and Exchange Commission, sought a permanent injunction against the defendants. After considering the evidence, the arguments of counsel and the briefs filed on behalf of the respective litigants, the Court makes the following findings of fact based upon the evidence submitted and conclusions of law with ...
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This action to set aside an order of the Interstate Commerce Commission came on for hearing before this statutory three-judge United States District Court upon plaintiffs’ complaint and defendants’ answers thereto, and the court having reviewed and considered the record consisting of a certified transcript of the documents and proceedings before the Interstate Commerce Commission (which copy wa...
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The National Labor Relations Board, hereafter called the Board, brought this action against respondents seeking injunctive relief under § 10(j) of the National Labor Relations Act, 29 U.S.C.A. § 160(j). Respondent Union, on March 27, 1962, served Notice to Take Deposition on Philip Fusco, Regional Director of the Eighth Region of the Board, and on Arthur Mattson, an Attorney of the Eighth Regio...
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In these two actions, brought under 28 U.S.C. §§ 1336, 2321-2325, plaintiffs (sometimes hereafter referred to as “the New York interests”) seek to enjoin the enforcement of an order of the .Interstate Commerce Commission, made on June 15, 1961, in I. & S. Docket No. 6074, Iron Ore from Eastern Ports to Central Freight Association Points, 314 I.C.C. 149, insofar as the order directed the New Yor...
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This is an action brought under Title 28 U.S.C. § 1336, in accordance with Title 28 U.S.C. §§ 1938, 2284 and 2321-2325. Its purpose is to set aside and enjoin enforcement of an order of the ICC granting Southern Railway Co. the right to discontinue' all remaining passenger service between Greensboro, N. C. and Goldsboro, N. C. Acting under Title 49 U.S.C. § 13a(2)
1
, the Commission ...
Views: 0
The above actions were brought to recover from the defendant unpaid minimum wages, liquidated damages, and attorneys’ fees, pursuant to Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.A. § 201 et seq.). *740The defendant is not a corporation o~ a partnership. Deppish Kirkland, Jr. is a citizen and resident of Savannah, Georgia, and does business under the name of D. Kirkland Hide C...
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The plaintiff, Nicholas Mamula, filed a complaint and motion for preliminary injunction and temporary restraining order to enjoin defendants from interfering with plaintiff’s right to be a candidate for office of President of Local 1211 of the United Steelworkers of America. Notice was given to defendants who filed answers in opposition and moved to dismiss the complaint.
The case involves the Lab...
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This is an action to review an order of the Interstate Commerce Commission dated November 21, 1961, in Docket No. MC-C-2507, W. M. Daniels-Investigation
*944
of Second Proviso Eligibility. The sole question presented is whether plaintiff’s interstate operations in Montana, pursuant to his Montana Interstate Permit M.R.C. No. 284, fall within the partial exemption of the second prov...
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As we understand the position of plaintiffs (through examination of the entire record before us, their briefs and oral argument,) it is that members of a local school board, acting under authority bestowed by state statutes, state-wide in their application to school boards, have violated constitutional rights of these plaintiffs. Such violation consisted of requiring these plaintiffs, as students,...
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On September 25, 1958 the defendant, having theretofore been convicted on both counts of a 2-count indictment charging him with receiving and concealing very large quantities of heroin hydrochloride and smoking opium, in violation of Section 174 and Sections 180 and 181 respectively of Title 21 U.S.Code Annotated, was sentenced to serve 17 years on each of said Counts, to run concurrently with eac...
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This is a suit under the Labor-Management Reporting and Disclosure Act of 1959, popularly known as the Landrum-Griffin Act (29 U.S.C.A. § 401 et seq.). A motion by defendant to dismiss and for summary judgment before trial was denied by Judge Grim: Rekant v. Shochtay-Gasos Union, 194 F.Supp. 187 (E.D.Pa.1961). The case is now before us for decision after a full and lengthy trial, at which a num...
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The moving parties here, Freidus and Aaron, were the sole stockholders of 396 Corp., a New York corporation which has been dissolved. As such stockholders they received on dissolution by way of transfer from the corporation all of the corporate assets. Included among the assets of 396 Corp. so transferred was a lease of the improved premises known as 111 East Sixteenth Street. These premises are t...
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Plaintiff has sued to recover Federal Insurance Contribution Act taxes and income withholding taxes paid on account of a certain Henry J. Brockman for the first three quarters of 1956. The essential question to be decided is whether Mr. Brockman was an employee of plaintiff for the period in question, within the meaning of 26 U.S.C.A. §§ 3121(d) and 3401(c).
Plaintiff is a Maryland corporation cha...
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This cause having been tried to the Court on May 28, 1962, and the Court having considered all of the evidence in-the case and having heard the statements of counsel and now being advised in the premises, finds and concludes: The action was filed pursuant to Title 28 U.S.C. § 1346 and seeks recovery of $371.20, which sum was assessed by the Director of Internal Revenue as a deficiency in connectio...
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FINDINGS OF FACT This action was instituted by the taxpayer to recover the following amounts, which it paid as income taxes, accumulated earnings taxes and interest for the calendar years 1956 and 1957:
The taxpayer is a Florida Corporation, all of whose stock was purchased by John S. Espy in 1946. At the time of the purchase, the taxpayer had no assets other than State and Interstate C...
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This action arises under the provisions of Sections 1346(a) (1) and 1402, of Title 28, of the United States Code.
Plaintiff is seeking recovery for alleged overpayment of federal income taxes for the years 1947 through 1950, in an amount of $2,811,773.29. There are five major issues raised by the plaintiff’s four claims, and one major issue raised by the Government’s counter-claim. Each of...
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This action has been brought by the administrator of the Estate of Vincent Kozak, who died on July 18, 1960, at Metropolitan Hospital while a patient under the care of defendant Frank. The Complaint alleges that the death was caused by the joint and several negligence of the defendants and demands damages therefrom. The jurisdiction of the court is based on diversity of citizenship.
The matter is ...
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This is an action to determine just compensation for the leasehold interest (and rights arising out of easements and contracts) of the defendant Harsh Montana Corporation in a Wherry Housing Project located at Malmstrom Air Force *746Base, Great Falls, Montana. The action' was brought pursuant to the Housing Act of 1956, approved August 7, 1956 (42 U.S.C.A. § 1594a, 70 Stat. 1110), as amended by A...
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At 12:30 on the morning of June 27th, 1958 a United States Air Force jet tanker airplane, designated as a KC-135A, (hereinafter referred to as KC-135,) took off from Westover Air Force Base, Massachusetts on what was hoped to be a record-breaking, round-trip, non-stop, non-refueling flight. The gross weight of the plane as its brakes were released for the beginning of the takeoff ground run was...
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(dissenting).. I am impelled to disagree with the-Court’s conclusion because of the firmness of my conviction that the United' States Government has been discriminated against and its sovereignty disregarded and impaired by the imposition of the-instant tax. I believe there is a serious-doubt that an exemption from the tax of a classification limited to charities,, religious, and educational insti...
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The defendant moves, pursuant to Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C., for an order granting him a new trial on the ground of newly discovered evidence and in the interest of justice. He was convicted on October 11, 1960 after a five-day trial before then District Court Judge Irving R. Kaufman, without a jury, of having devised a scheme to defraud one A. Mitchell Liftig...
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On March 24, 1955, the Motor Vessel Anna S. Cooper was downbound in the Tennessee River, made up with a tow of four empty barges. Shortly after 9:30 p. m. she approached the so-called Hickman-Lockhart highway bridge at or near mile 100.5 in the Tennessee River. Attempting to pass under this bridge, she came into collision with the left channel span support pier, causing the tow to break up and th...
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In this action seeking the recovery of certain withholding and social security taxes paid by the plaintiff, the operator of a trucking business, the single issue involves the status of a class of persons known as “gypsy chasers” who are used for the purpose of loading upon and unloading from plaintiff’s trucks the cargo being carried in interstate commerce.
Plaintiff is a common carrier of...
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This proceeding was commenced by libelant to recover damages from the United States of America, respondent, sustained by reason of the alleged unseaworthiness of the vessel S.S. Francis A. Wardwell and the negligence of said respondent in failing to furnish libelant with a safe place to work. The respondent made an agreement in writing dated September 28, 1955 (Ex. A), with one Evelyn C. Back who ...
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Plaintiff Ben B. Schwartz & Sons, Inc., is a Michigan corporation doing business in the City of Detroit, State of Michigan, and the individual plaintiffs, Ben B. Schwartz, Samuel Schwartz and Barney Schwartz, are citizens of the State of Michigan residing in Detroit. The defendant Sunkist Growers, Inc. is a corporation organized under the laws of the State of California and is authorized to do ...
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This civil action was initiated by plaintiffs in the Circuit Court of Dunklin County, Missouri, on June 20, 1961, in an effort to recover under a fire insurance policy issued by defendant. Defendant, Union Insurance Company, timely removed to this court and jurisdiction attaches under 28 U.S.C.A., §§ 1441, 1446; and as hereafter explained, under 28 U.S.C.A. §§ 1335, 1397 and 2361. Plaintiffs alleg...
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This is an action for damages against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq., for the wrongful death of the plaintiff’s husband while he was employed by ARO, Inc., at the Arnold Air Engineering Development Center. The Center, located near Tullahoma, Tennessee, is a government-owned facility managed, operated and maintained as to test facilities and ...
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Plaintiffs are longshoremen, who live in Maryland; they allege that while they were working on the S. S. Frances in Baltimore harbor on March 28, 1961 they were injured by noxious fumes that emanated without warning from fifteen cylinders that “the defendants” had sent from Puerto Rico to Baltimore aboard the S. S. Frances under bills of lading that described the cylinders as “EMPTY CHLORINE CYLIN...
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This matter came on for hearing on the return day of an Order to Show Cause on June 29, 1962, and the Court, after examination of the moving papers and the Affidavits in support thereof, and the Counter-Affidavit of defendant, and after consideration of the arguments of respective counsel, concluded that there was a proper showing of reasonable probability of irreparable injury or harm to the p...
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This is an action for alleged infringement of a registered trademark owned by plaintiff, and to prevent the registration of defendant’s mark
Celacloud.
Plaintiff (Huntington) is a West Virginia corporation which is one of a group of five companies operating separate plants in various parts of the country, all of which are affiliated with National Mattress Company (National). In Janua...
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Defendant has moved for summary judgment upon the two count complaint filed against it to recover treble damages under Section 4 of the Clayton Act, 15 U.S.C.A. § 15, for violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1 and 2, and to recover damages and obtain injunctive relief under Maryland common law.
The dispute between the parties arises out of a lease, dated October...
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Seeking to enforce and foreclose various purported asserted federal tax liens1 against the realty and personal property of United States Chain Company, one of the defendants,2 the government filed a civil complaint in this court joining numerous parties as defendants.3
That complaint states a cause of action and from the evidence it is established that Chain owes the government the following amoun...
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Three causes of action are asserted here; first, for infringement of two patents; second, for unjust enrichment by reason of misappropriation of certain trade secrets; and third, by way of cross action, for wrongful interference with a contract, or with contractual negotiations. The posture of the case at the time of trial was such that A. O. Smith Corporation appeared as plaintiff, and Hahn & ...
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This is a tort case and jurisdiction is based on diversity of citizenship and the required amount. The plaintiff allegedly entered the employ of Manpower, Inc. (Manpower) some short time prior to July 21, 1961.
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Manpower is a corporation whose general function is to supply personnel as a part of its service to companies which have need for its service and personnel, either on ...
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Giuseppe Nicroli, a longshoreman, suffered personal injuries while working aboard the M/S Troubadour on August 14, 1956. He seeks damages from the shipowner, alleging unseaworthiness and negligence.
The shipowner, if held liable, seeks indemnification from the stevedoring company (Stevedore), the plaintiff’s employer, on the ground that the accident was the result of the latter’s breach of its war...
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I
NATURE OF CASE
This is an action by plaintiff to recover $16,037.74 paid as income tax and assessed interest for the calendar years 1955 through 1959, together with statutory interest thereon. Jurisdiction is conferred upon this court by Title 28, United States Code, Sections 1340 and 1346(a) (1).
II
THE THEORIES OF THE PARTIES
1. Plaintiff claims that the salaries of...
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PREFACE
Plaintiff in each case is a subcontractor who had entered into a written contract with Williams & Dunlap Construction Company, Inc., to perform portions of the work incident to the construction of the England Air Force Base Housing Project located at Alexandria, Louisiana.
Defendants in each case are:
(1) Williams & Dunlap Construction Company, Inc., a corporation duly an...
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Plaintiffs prosecute this action on certain contracts with defendants growing out of an urgent need for housing for Naval personnel at the Naval Base in Kodiak, Alaska. During most of the period in question plaintiff Bettinger was Mayor of the City of Kodiak. Defendants challenge the validity of said contracts on the grounds that the same required the use by Bettinger, as Mayor of said City, of hi...
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This action is instituted by three Negro attorneys, members of the Virginia State Bar, seeking a declaratory judgment, damages and preliminary and permanent injunctions against the defendants, most of whom are members of a Virginia legislative committee created by an Act of the General Assembly (Chap. 373, Acts of Assembly 1958). Plaintiffs pray that this court restrain the defendants from “furthe...
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This suit was originally brought by the plaintiff, W. T. Jones and Company, Incorporated (hereinafter called the Plaintiff), in the Circuit Court of Campbell County, Virginia, to enforce a mechanic’s lien on certain property in that county owned by the defendant Foodco Realty, Inc. (hereinafter called Foodco). Foodco, its then tenant and sole stockholder, Famous Virginia Foods Corporation (hereina...
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Money originally held by the State of Minnesota in the form of a warrant payable to the Dykstra and Roelofs Construction Co., hereinafter referred to as Dykstra, and now in the possession of the United States Government by reason of
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it being seized by the agents of the Internal Revenue Service, is claimed by both the plaintiff-surety — which became responsible, under a bond, f...
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The United States sues defendant as surety on two construction contracts in which the contractor (“Allied”) is alleged to have defaulted. Suit is predicated upon a liquidated damage clause contained in the contracts (§ 11 of each, the two contracts being essentially identical). The government first moved to strike certain matter from the surety company’s answer, which motion has been withdrawn....
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This is an action brought by Sperry Rand Corporation and its assignors, Eckert and Mauchly, the dissatisfied parties to a decision of the Board of Patent Interferences of the United States Patent Office, for an order under 35 U.S.C. § 146 directing the Commissioner of Patents to issue them a patent.
1
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The interference proceeding involved an application for a patent fo...
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Jurisdiction in this cause is predicated upon an averment of a constitutional question and jurisdictional amount. Plaintiff is a Florida corporation loeated in Pensacola, Florida, and engaged in the distribution of milk and milk products. Defendant is the Florida Milk Commission, an agency of the State of Florida.
The Pensacola Milk Marketing Area came under the control of the defendant on Novembe...
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In this action for damages for alleged fraud, concealment and misrepresentation in the issuance and sale of certain life insurance and annuity policies, defendants Manufacturers Life Insurance Company, Dominion Life Assurance Company, and third-party defendant Lloyd Steadman have set forth, as an affirmative defense to plaintiffs’ causes of action, certain “Incontestable Clauses,” contained in the...
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In these consolidated actions, plaintiffs seek to recover transportation taxes, paid with protest, on the ground that such tax was included in a lump sum amount paid by plaintiffs to a carrier under contract. Plaintiff contends such payment to carrier discharged its obligation to the Government.
FINDINGS OF FACT
The jurisdiction of this Court is invoked under the provisions of sections 1346 and 14...
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McDonough Construction Company, a corporation domiciled at Parkersburg, West Virginia, brought this libel against J. W. Tutt, the respondent, who maintains a place of business at Nanafalia, Alabama. Libelant claims $20,000 damages for breach of an alleged bare boat verbal charter party agreement, entered into on or about March 27, 1958, with respondent.
The pertinent terms of the agreement, as cla...
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REASONS FOR JUDGMENT
This case involves a claim for damages for personal injuries allegedly sustained by petitioner, Mrs. Doris Sheane, as a result of an automobile accident in which she was involved on October 18, 1957. In the alternative, petitioner demands benefits as for total and permanent disability pursuant to the provisions of the Louisiana Workmen’s Compensation Act. The case was tried to...
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This is a suit, captioned “Complaint for Interpleader”, but in fact in the nature of interpleader, purportedly brought under the provisions of Title 28 U.S.C.A. § 1335. Motions to dismiss have been filed on behalf of four defendants.
Questions Presented.
1. Is there the requisite diversity between and among the parties ?
2. Is the plaintiff a disinterested stakeholder not indepen...
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On July 31, 1960, the Plaintiff’s son was injured on an escalator descending from the main lobby to the baggage area of the New Orleans International Airport (Moisant Field). On February 14, 1961, a Mr. Robert Lind of the Liberty Mutual Insurance Company, insurer of Westinghouse Electric Company, manufacturer, installer and maintainer of the escalator, ordered Fromherz Engineers to make an insp...
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This cause was tried before the Court, without a jury, upon the issues made by the pleadings and proof. The final submission was upon the pleadings as finally amended and exhibits thereto, requests for admissions and responses thereto, stipulations of the parties, interrogatories and answers thereto, testimony taken by depositions, testimony of witnesses personally appearing before the Court an...
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The United States of America (Government) seeks a declaratory judgment against Bethlehem Steel Company (Bethlehem) to construe a contract between them, executed as of August 15, 1941, but actually signed January 23, 1942 (the Contract), and to determine the legal effect of certain acts of the parties thereunder,
1
The Contract, negotiated and executed contemporaneously with the outbr...
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Plaintiff sues the United States of America for damages under the Federal Tort Claims Act for injuries or disease resulting from his exposure, as a maintenance mechanic of Union Nuclear Carbide Company (hereinafter called Carbide) in the K-25 Area at Oak Ridge, Tennessee, to radioactive and toxic substances and materials. Plaintiff went to work for that Company in 1951 and was placed on leave a...
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This cause since coming to my calendar recently has been satisfactorily proceeding with discovery and pre-trial in accordance with the excellent procedures established in these fields for protracted anti-trust litigation by the Judicial Conference’. I take this opportunity of again expressing to all counsel my appreciation for their cooperation and assistance in this regard.
As part of thi...
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These 18 actions filed by several electric public utilities seek treble damages under federal antitrust laws. The separately grouped defendants are charged with conspiratorial price fixing resulting in the establishment of higher non
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competitive prices in the sale of electrical equipment to the plaintiffs. The cases involved in the instant motion comprise two series filed alon...
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The above entitled action was commenced to recover income taxes in the amount of $20,589.29 paid for the calendar years 1955 and 1956 by the American Institute of Interior Designers (then known as the American Institute of Decorators, Northern California Chapter).
Jurisdiction is conferred upon this Court by Section 1346(a) (1) of Title 28 United States Code (28 U.S.C. 1958 ed., § 1346).
...
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This action was brought by the plaintiffs on January 22, 1962, pursuant to 28 U.S.C. §§ 1336 and 1398, to set aside a cease-and-desist order of the Interstate Commerce Commission entered December 7, 1961, in its No. MC-C-2598, Schultz Transit, Inc., Investigation of Operations. The order was based upon a determination by the Commission in its Report of December 7, 1961, that “Schultz Transit, Inc....
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In this action for personal injuries the defendants moved for summary judgment. The motion was listed for argument on our regular list for September 21, 1962. The plaintiff neither filed a brief nor served a copy thereof upon opposing counsel; nor did he appear at the time fixed for argument. No reason for these omissions has since been offered. Under Rule 33 of this Court failure in either of the...
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Referee in Bankruptcy.
STATEMENT AND HISTORY OF CASE
Four creditors of Georgia Jewelers, Inc. filed involuntary petition in bankruptcy on March 16, 1961 seeking adjudication of said debtor. These four creditors are Golden Shield Corporation, Gruen Watch Corporation, Bulova Watch Co. and Columbia Diamond Ring Co.
The petition alleged (1) debtor to be a business corporation org...
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