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All Reporters → us-dist-lexis → Volume 1971

Opinions in us-dist-lexis Volume 1971

OPINION This case concerns a claimed easement in a cul-de-sac or circular court, bordering the property of the plaintiffs and defendants. In 1965, Jose Bermudez Heyliger and wife subdivided several plots of land owned by them in Estate LaGrande Princesse, St. Croix. In connection with the subdivision, they prepared and filed with the Planning Board a plot or subdivision plan as was required by loc...
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OPINION Plaintiffs have brought this action against the defendant corporation seeking injunctive relief. The facts necessary to a decision in this cause are virtually undisputed, and *270as hereinafter set forth they constitute my finding of fact in the case. East End Development Corporation, a Delaware corporation, not party to this suit and in no way involved in it, acquired substantial acreage ...
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MEMORANDUM OPINION The facts in this case are simple and not in dispute. Appellant is the owner and proprietor of the Sheridan Night Club located in Frederiksted. On the evening of May 15, 1969, two patrolmen, dressed in civilian clothes, visited the nightclub as patrons, admittedly for the purpose of investigating the conduct of the nightclub. Both of the policemen were solicited by two barmaids ...
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MEMORANDUM OPINION Appellant was tried and convicted by the Municipal Court of having violated Title 19 V.I.C. § 632(c) which makes it an offense to possess narcotics paraphernalia with the intent to use same to administer drugs without a valid written prescription. On appeal, Appellant presents three issues: (1) Whether, pursuant to 19 V.I.C. Sec. 632(c), the Government must produce affirmative e...
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MEMORANDUM OPINION Appellant, LUIS OSORIO, was tried by the Municipal Court on a complaint charging aggravated assault and battery (14 V.I.C. § 298), and Oppression (14 V.I.C. § 703). He was tried by the Court and found guilty of Simple Assault (14 V.I.C. § 299) and Oppression. At trial he was represented by counsel. He appeals his conviction on the grounds that (1) he was denied his constitutiona...
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MEMORANDUM OPINION Defendant was convicted of possession of narcotics. In this appeal, the defense raises two issues: (1) whether defendant’s possession of the alleged narcotics was properly established by the evidence; and (2) whether the trial judge committed error in ruling that the detective who *604performed various tests on the suspected substance was competent to testify as an expert that t...
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MEMORANDUM OPINION ON INTERLOCUTORY MOTIONS In this action for debt, there is a counter-complaint for a declaratory judgment and for other relief which makes it necessary to delve into the background. The parties were married in New York in 1948 and separated in 1964 pursuant to a written separation agreement, whereby Defendant agreed to pay to Plaintiff $25.00 per week for her lifetime or remarri...
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MEMORANDUM This divorce action came on to be heard on November 20 and 23, 1970, on the complaint of plaintiff for a decree of absolute divorce on the ground of incompatibility of temperament, and upon the counterclaim of defendant for the same relief and on the identical ground. The plaintiff appeared in person and with counsel, Victor G. Schneider, Esq., subsequent to the hearing succeeded by Fra...
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This is an action for a real estate broker’s commission. The plaintiff is a licensed real estate broker with principal offices in Christiansted, Virgin Islands. The corporate defendants are Virgin Islands corporations. The individual defendant was at all times pertinent to this suit the principal shareholder, president, and a member of the board of directors of each corporation. On November 15, 19...
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*238OPINION On April 8, 1969, plaintiff, by warranty deed, sold and conveyed parcels Nos. 50-A and 101 of Estate Frydenhoj, No. 3 Red Hook Quarter, to defendant. One of the parcels, No. 101 borders on the Caribbean Sea. In his action, plaintiff sues for foreclosure of the purchase money mortgage, and to recover the balance due on the underlying note. Defendant admits execution of the note and mort...
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MEMORANDUM Defendant, heretofore, filed a motion to dismiss plaintiff’s complaint alleging untimely commencement of the action. The Court, by Order entered the 1st day of October, 1971, denied the said motion of the defendant, reasoning that a statute which sought to impose a statute of limitation, other than the two year statute regularly provided for in 5 Y.I.C. §31(5) (A) being in derogation of...
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*774 ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT Relying on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), plaintiffs brought this Civil Rights action under 42 U.S.C. § 1983 claiming a denial of constitutional rights occasioned by the failure of the county officials of Benton County, Minnesota to grant licenses to one or the other of the plaintiffs 1 for the sale of be...
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OPINION Before the Court are three motions in this action brought by the United States to reduce to judgment certain unpaid federal tax claims outstanding against Defendant for the years 1953, 1954, 1955, 1956, and 1960. The Defendant, proceeding pro se, has moved to dismiss the complaint, and the Government has moved for summary judgment and to amend the complaint. *772The Government filed this a...
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ORDER This case is a consolidation of three patent infringement suits and a declaratory judgment suit. All the suits involve the infringement of the same patent, #3,115,958, issued December 31, 1963. All the structures that allegedly infringe the patent were manufactured by Questor Corporation, a successor to Locke Manufacturing Company. Ques-tor assumed control of the litigation throughout. The d...
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ORDER The above-styled cause came on to be heard on the regular motion docket of December 3, 1971, upon motion for summary judgment filed in behalf of plaintiff, United States Fidelity & Guaranty Company. Through its motion plaintiff seeks to establish that it is not legally obligated under the terms of a liability insurance policy either to provide de *1191 fense for or to p...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER In 1968, the plaintiff was employed in the State of Missouri by Eagle Pitcher Company in an executive capacity and had been so employed for approximately nine years. Learning that the Power Services Division, (a division of Whit-taker Corporation located at Denver, Colorado) was for sale, the plaintiff interested the Vickers Trust of Wichita, Kansa...
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MEMORANDUM OPINION This is an action brought under the Civil Rights Act, 42 U.S.C. § 1983 on behalf of a class seeking declaratory and injunctive relief. Jurisdiction is conferred by 28 U.S.C. § 1343(3) and (4) and 28 U.S.C. §§ 2201 and 2202. The class consists of recipients and applicants for public assistance under the Social Security Act who have not or will not receive final decisions...
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MEMORANDUM The court has been asked to determine whether the defendants have denied students at the University of Kentucky, in Lexington, Kentucky, equal protection of the law by conditioning their right to register to vote upon overcoming a presumption that they are domiliciaries of their parents’ home. It appears from the evidence presented that each of the five named student plaintiffs have ...
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The defendants here, both residents of the City of Baton Rouge, were charged on November 16, 1970 in the Nineteenth Judicial District Court of Louisiana with violating Louisiana R.S. 14:34, i.e., *367having committed aggravated battery. Donald Ray Perkins was charged with having committed a battery on K. T. Seaberry and Glenn Wunstel, with a pistol. Roger D. Perkins was charged with striking Ed Cr...
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Howard Earl London, a resident of the Parish of East Baton Rouge, Louisi*587ana, was charged in the Nineteenth Judicial District Court of Louisiana with violating Louisiana R.S. 14:34, i.e., having committed aggravated battery by hitting one Terry White with a broomstick on January 26, 1971 during the course of a confrontation between black and white students at the recently integrated Zachary Hig...
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OPINION AND ORDER OF THE COURT This action arises under the Securities Act of 1933 (“The Securities Act”), the Securities Act of 1934 (“The Exchange Act”), and the Maine Blue Sky Law. Plaintiff Adrienne C. Emmi is a citizen of the State of Maine, formerly a stockholder of defendant First-Manufacturers National Bank of Lewiston and Auburn (“First Bank”), and presently a stockholder of defe...
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OPINION AND ORDER OF THE COURT This action arises under the Securities Act of 1933 (“the Securities Act”), the Securities Exchange Act of 1934 (“the Exchange Act”), and the Maine Blue Sky Law. Plaintiff Edythe L. R. Dyer is a citizen of the State of Maine, formerly a stockholder of defendant Eastern Trust and Banking Company (“Eastern Trust”), and presently a stockholder of defendant Nort...
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OPINION This case arises from the complaint of a tug owner seeking an injunction to require the City of Boston to open regularly its swing bridge over navigable waters so that the owner may reach his berth. For many years McKie Lighter Company has operated a fleet of tugs and other vessels customarily moored at a pier adjacent to the bank of the Fort Point Channel inland of the North...
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MEMORANDUM OPINION This suit began as one to collect a fixed sum of money due as principal *556 ($27,620.78) and accrued interest ($5,524.16) allegedly payable by defendant under a contract for the sale of a one-half interest in a prize Aberdeen Angus bull named Ankonian Jupiter. Defendant first moved to dismiss for plaintiff’s failure to state a claim for relief and for improper venue. The c...
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MEMORANDUM OF DECISION Plaintiff brought this action pursuant to Section 205(g) of the Social Security Act, as amended, (42 U.S.C.A. § 405(g)) to obtain judicial review of a final decision of the Secretary of Health, Education, and Welfare, denying his claim for social security disability benefits. The plaintiff filed an application for a period of disability and for disability insur...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW. This is an action for the refund of excise taxes allegedly erroneously and illegally assessed and collected from plaintiff (or its predecessors). At the time of the assessment Hoffman-Porsche Corp. (“Hoffman-Porsche”), Hoffman Motors Eastern Division, Inc. and Hoffman Motor Car Company, Inc. were separate corporations. Hoffman Motors Corporation, p...
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OPINION Four defendants, under indictment for possession and conspiracy to possess seventy-two counterfeit Federal Reserve notes, move pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure to suppress such notes as evidence on the trial on the ground that they were illegally seized in violation of the Fourth Amendment stricture against unreasonable search and seizure. A h...
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OPINION Plaintiff, Mohasco Industries, Inc. (Mohasco) sues on a written guaranty executed by defendant, Giffen Industries, Inc. (Giffen). Giffen guaranteed payment of amounts due and owing to Mohasco by Murray B. Marsh Company (Marsh) for goods sold and delivered. Mohasco is a New York corporation. Giffen is a Florida corporation with its principal place of business in Florida. Marsh is a...
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OPINION AND ORDER This matter is before the Court on the motions of the defendants Arch Mineral Corporation and Eads Coal Company to dismiss for lack of jurisdiction over the person of the defendants, and for insufficiency of process. These motions are made under the provisions of Rule 12(b) (2) and (4). The jurisdiction of this Court is invoked under the provisions of Title 28, United States...
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OPINION This Complaint has been filed to obtain review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff disability benefits under the Social Security Act, 42 U.S.C. A. § 405(g). The immediate matter before the Court is defendant’s Motion for Summary Judgment. The decision of the Secretary must be affirmed if substantial evidence exists to support the den...
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MEMORANDUM OPINION AND ORDER The plaintiffs Mr. and Mrs. Maxwell commenced this diversity action for personal injuries and property damage on May 14, 1971. 28 U.S.C. § 1332(a)(1). They complain of personal injuries allegedly sustained in an accident on May 30, 1970. The defendant Mr. Roark, as plaintiff-by-counterclaim, interposed his counterclaim against the plaintiffs Mr. and Mrs. Maxwe...
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MEMORANDUM OPINION AND ORDER This is a diversity action, 28 U.S.C. § 1332(a) (1), emanating from a collision on a Tennessee highway between the automobile of the plaintiff Mr. Rodgers and a horse owned by the defendant Mr. Webb. The defendant has moved for a partial summary judgment, Rule 56(b), Federal Rules of Civil Procedure, claiming that T.C.A. §§ 44-1703, 44-1704, 44-1705, relied on by the p...
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MEMORANDUM OPINION The pro se application of the petitioner Mr. Nelson for the federal writ of habeas corpus was granted by this Court, on his claim that the respondent and other officers of the state of Tennessee were abridging or impairing his right to apply to this Court for such writ. See memorandum opinion and order herein of September 10, 1971. Counsel was appointed for the petitioner, as an...
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OPINION AND ORDER I Five students at Middlebury College, Middlebury, Vermont, brought this action against the Town Clerk and the members of the Board of Civil Authority of the Town of Middlebury and the Governor and Attorney General of the State of Vermont, alleging deprivation of their voting rights. The action was dismissed as to the Governor of Vermont on December 27, 1971, and was dismiss...
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OPINION Plaintiffs seek recovery for overtime compensation under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. 1 They contend that they are entitled to compensation for all time spent on standby shifts, during which, though not required to remain on their employer’s premises, they were subject to being called to their employer’s premises, expected t...
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MEMORANDUM OPINION This admiralty proceeding is brought by Neva C. Parham, Executrix of the Estate of L. N. Parham, Deceased, seeking exoneration from or limitation of, liability, pursuant to Rules 9(h) and F of the Federal Rules of Civil Procedure. *750 The plaintiff’s decedent was a resident of Phillips County, Arkansas, and was, until his death, the owner of an all-welded a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW STATEMENT On April 2, 1966, plaintiff’s vessel, the SS GULFSPRAY, sustained rudder damage when she grounded in the Panama Canal while under the control of defendant’s pilot. The question of liability for the accident having been resolved against the Canal Company, 311 F.Supp. 1307 (D.C.Z.1970), aff’d 437 F.2d 111 (5th Cir. 1971), the case came on for trial ...
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This maritime matter was tried without a jury on March 9, 1970. On September 30, 1970, the court found that the defendant’s barge had been unseaworthy and that that unseaworthiness was a proximate cause of plaintiff Mock’s injuries. After additional consideration of the question of damages, *470the court, on September 27, 1971, awarded plaintiff a recovery in the amount of $7,161.95. Out of this a...
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OPINION The petitioner moves to vacate and expunge a judgment of conviction for “unlawful possession of Marijuana” entered upon his guilty plea in this Court on February 15, 1950, based upon Leary v. United States,1 which held that a timely assertion of the privilege against self-incrimination was a complete defense to prosecution under 26 U.S.C., section 4744(a).2 The government, while conceding...
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This cause came to be heard upon the order to show cause issued on November 11, 1971 and on the verified petition of Ivan C. McLeod, Regional Director of the Second Region of the National Labor Relations Board (“Board”), seeking to adjudicate respondent, Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO (“Local 3”), in civil contempt of this court for failing and refusing...
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MEMORANDUM AND ORDER Defendants move, pursuant to Rules 9(b), 9(g) and 12(e) of the Federal Rules of Civil Procedure, to require plaintiff to more definitely state the various claims in the complaint. The motion must be denied. *397I. The complaint alleges in essence that the defendants wrongfully “churned” her account, i. e., engaged in excessive stock transactions on her behalf principally to g...
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The forces of women’s liberation confront their male counterparts in this litigation. Plaintiff De Figueiredo is a purser employed by Trans World Airlines, Inc. (TWA) who seeks declaratory injunctive relief, claiming that TWA is discriminating against him on the ground of sex by giving preferential treatment to its hostesses in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 20...
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335 F.Supp. 928 (1971) James E. HOLSHOUSER, Jr., Plaintiff, v. Robert W. SCOTT, Governor of the State of North Carolina, et al., Defendants. Civ. A. No. C-24-G-70. United States District Court, M. D. North Carolina, Greensboro Division. Argued November 19, 1971. Decided December 29, 1971. Charles E. Dameron, Greensboro, N. C., for plaintiff. Robert Morgan, North Carolina, Atty. Gen., James F. Bul...
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OPINION Patricia Scoggin filed this action under the Civil Rights Act against the Mayor and members of the City Council of Portland, Oregon (City), and against *464 the State Construction Corporation (State Construction). She seeks to have the conveyance of her home from the City to State Construction set aside and State Construction enjoined from attempting to enforce the judgment in its fav...
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MEMORANDUM AND ORDER Plaintiffs brought this diversity action alleging malicious prosecution of plaintiff, Ruth Martinez, by the defendant. At a trial before a jury, I granted defendant’s motion for a directed verdict under Fed.R.Civ.P. 50, made at the close of plaintiffs’ case. Before the Court is the plaintiffs’ motion for a new trial. In a jointly prepared pre-trial order, co...
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*1344 MEMORANDUM AND ORDER DENYING PRELIMINARY INJUNCTION AND DISMISSING CASE We have before us a Petition to Review a Decision of an Assistant Secretary of Labor rendered under Executive Order 11491 covering labor-management relations in federal service. The Executive Order in question superseded an earlier Executive Order 10988 issued in 1962. Petitioner claims that it is the exclusive ba...
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MEMORANDUM AND ORDER This is an action filed under 42 U.S.C. § 405(g) seeking review of the Secretary of Health, Education and Welfare’s decision, ending plaintiff’s period of disability and disability insurance benefits as of November 1968. Plaintiff filed his request for benefits on January 22, 1969. After denying it initially, the Secretary found petitioner disabled from June 20, ...
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OPINION AND ORDER ON MOTION FOR ORDER SUSPENDING THE PRELIMINARY INJUNCTION Defendants Clapp, Redmond, and Banaszak have moved for an order suspending the preliminary injunction 1 entered herein December 7, 1971, and the motion has been briefed and heard. The record has been supplemented since December 7, 1971, with various exhibits and affidavits. For the purpose of deciding the motion to su...
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OPINION On March 3, 1971, plaintiff, Arkansas Poultry Cooperative, Inc., a corporation, organized and existing under the laws of Arkansas, commenced this action against The Red Barn System, Inc., seeking to recover on a written guaranty executed by defendant on March 19, 1967, the sum of $17,776.09, with interest and costs. On April 5, 1971, the defendant filed its motion to quash the return of s...
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OPINION AND ORDER The plaintiffs, William Ronald Campbell and Francis Decker Kelly, two untried State prisoners, have brought this suit 1 against Raymond Anderson, Warden of the Delaware Correctional Center (the “Warden”), John J. Moran, Director of the Division of Adult Correction (the “Director”), Dr. Albert L. Ingram, Secretary of the Department of Health and Social Services (the “Secretar...
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OPINION The amended complaint contains six counts. It alleges as to all counts that plaintiffs, Beach and DiRubbio, were the organizers in 1954 of Ordnance Products, Inc. (OPI), that until May 20, 1969 each owned 50 per cent of its stock, and were directors, and officers thereof, Beach being the chief executive officer. It further alleges that on May 20, 1969 plaintiffs entered into a Reo...
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MEMORANDUM AND ORDER The motion to dismiss of defendant Overland, Inc., raises the question of the jurisdiction of the District Court in this matter. Overland, Inc. filed a voluntary petition for adjudication as a bankrupt and was so adjudicated on March 15, 1971. After this suit was filed on May 26, 1971, Overland, Inc. moved to dismiss *248 the petition as well as the cross-petition of de...
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MEMORANDUM AND ORDER This case arises out of a contract for the winter storage of a yacht and is brought under the maritime and admiralty jurisdiction of the court. The complaint alleges that during the term of the storage agreement between defendant and the yacht’s owner (plaintiff’s subrogor), defendant breached said agreement by permitting the yacht to be partially destroyed by fire, a resul...
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OPINION The United States District Attorney has filed against defendant an information charging that in the taxable years 1965, 1966 and 1967 he wilfully failed to file his personal income taxes in violation of 26 U.S.C. § 7205. Defendant, in advance of trial, moved to suppress the use in evidence of personal papers [Exhibits E, F, G and H] he had delivered on December 9 and 18, 1968 and Janu...
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MEMORANDUM This matter is pending on petitioners’ second motion under 28 U.S.C. § 2255 to set aside their sentences of twenty years first imposed in 1966 after a jury trial, and imposed again in 1967 after a second jury trial, which was granted on the grounds of newly discovered evidence. The grounds set out in their motion are as follows: 1. Refusal to allow inspection of Grand Jury testimony; 2....
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ORDER This proceeding comes before the court upon an application of a state prisoner for a writ of habeas corpus. Petitioner was charged with 14 counts of felonious breaking and entering, 14 counts of felonious larceny, and two counts of misdemeanor larceny. Petitioner was represented in the state court by privately retained counsel. He entered pleas of nolo contendere to all counts at the October...
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OPINION The Portland Baseball Club, Inc., the former owner of the Pacific Coast League (PCL) franchise in Portland, Oregon, filed these actions against the Commissioner of Baseball, the two major leagues, the individual major league clubs (except Seattle and San Diego), the president of the PCL and the individual member clubs of the PCL for breach of contract and for money had and received. 1 ...
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OPINION All the defendants have been indicted for various gambling activities alleged to be in violation of 18 U.S.C. §§ 2, 371, 1084, 1952. They have filed Motions to Suppress Evidence consisting of intercepted telephone messages secured by the Federal Bureau of Investigation in accordance with Orders of Court issued pursuant to 18 U.S.C. § 2510 et seq. The attack upon the wiretap e...
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MEMORANDUM AND ORDER This is an action filed by Vistamar, Inc. against the Planning Board of Puerto Rico, its Chairman, the Public Works Department of Puerto Rico and the Secretary of Public Works of Puerto Rico. Plaintiff alleges that the defendants have deprived it of its property without due process of law; that since 1962 the defendants have refused to either approve for development or expr...
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OPINION ORDER This is an action filed pursuant to 42 U.S.C. § 405(g) seeking review of the Secretary of Health, Education and Welfare’s decision denying claimant’s disability insurance benefits. The Secretary of Health, Education and Welfare filed a motion for summary judgment with a memorandum of law in support thereof, on June 23, 1971, to which the plaintiff replied on July 21, 1971, w...
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*987DECISION The plaintiffs have moved for a preliminary injunction which would bar the defendants from publishing a notice of election for the office of county board of supervisors of Waukesha county on the ground that the apportionment plan of Waukesha county is constitutionally invalid. It has been stipulated that the present plan contains a deviation of 22.95% between the high and the low dist...
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ORDER It is appropriate, I believe, to make some recitation of the chronology of events leading up to this ruling. By Mandate of the Fifth Circuit Court of Appeals dated July 8, 1971, pursuant to an Order of the Supreme Court of the United States dated April 20, 1971 and filed with the Court of Appeals on May 24, 1971, this Court, in Civil Action 3003-63, entered an Order under date of July 9, ...
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OPINION This action seeks injunctive relief, rescission and damages for violations of the Securities Act of 1933 and the Securities Exchange Act of 1934, breach of contract and fraud. The matter is currently before me on plaintiffs’ motion for a preliminary injunction. Prior to October 29, 1970, plaintiffs owned all of the outstanding capital stock of Fibre-Metal Products Company, a ...
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ORDER In these “blockbusting” suits in each of which motions for complete summary judgment have previously been denied, 1 the Attorney General originally sought injunctive relief against six Atlanta real estate firms for allegedly engaging, for profit, in a pattern or practice of inducing or attempting to induce persons to sell or rent their homes by representations regarding the entry or pro...
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Plaintiff, Thomas Monroe, brought this action for damages against defendant, Penn-Dixie Cement Corp., under the provisions of the recently enacted Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. 1 Specifically, he complained that he was discharged from his job with defendant because of his age: he was 58 at the time. The case was tried before a jury, and the jury found for...
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MEMORANDUM OPINION AND ORDER AMP Incorporated (AMP), a New Jersey corporation with principal place of business in Harrisburg, Pennsylvania, and plaintiff in this action for patent infringement, vigorously opposes a 28 U. S.C. § 1404(a) motion by Burndy of Midwest, Inc. (Midwest), an Illinois corporation, to transfer this cause to the Federal District Court of Connecticut, notwithstanding ...
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MEMORANDUM ORDER This diversity suit is brought as a class action by plaintiffs, individually and on behalf of others similarly situated, to require the Sabine River Authority (SRA), a Louisiana corporation, to compensate mineral owners for inundating thousands of acres, which has made development there unfeasible. Under Rule 23(c) (1) of the Federal Rules of Civil Procedure, we must determine wh...
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MEMORANDUM OF DECISION This ease arises from an automobile accident on August 11, 1967 in Charles-town, Massachusetts, involving two mail trucks and a milk truck owned by the Whiting Milk Company and operated by its driver Donovan. In the course of his employment as a postal employee, plaintiff Pánico was operating a mail truck in a northerly direction and collided head-on with another ma...
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Plaintiff, a resident of Duluth, Minnesota, has brought this action against Matson Navigation Company under the Jones Act, 46 U.S.C. § 688, alleging personal injuries which occurred to him on or about April 23, 1969 while he was a seaman aboard the S. S. Lurline, owned by the defendant, and at the time sailing the high seas between California and Hawaii. He also alleges a second count of unseaw...
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OPINION After trial by jury, William Alan Townsend was convicted of wilful failure to comply with a lawful order to submit to, induction into the Armed Forces of the United States, in violation of 50 U.S.C.App. § 462. He has filed a motion for new trial, charging that the court erred (1) in refusing, on the court’s own motion, to receive Townsend’s evidence of conscientious objector beliefs, and (...
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This is a § 1983 action challenging the suspension of a government employee and the regulations under which he was suspended. Jurisdiction is grounded upon 28 U.S.C. § 1343. The individual plaintiff in this action, Joseph Zekas, was employed as a case worker by the Milwaukee County Department of Public Welfare on April 29, 1968. On February 13, 1970, administrative proceedings were commenced to...
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MEMORANDUM AND ORDER DENYING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AND ESTOPPING RESPONDENT This case is before the Court because the Immigration and Naturalization Service changed its mind: as a result, petitioner faces deportation. The Service originally concluded that petitioner’s professional credentials made him eligible for permanent residence in the United States as an immigrant...
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MEMORANDUM DECISION Plaintiff brings this action for judicial review of a final decision of the Secretary of the Department of Health, Education, and Welfare. *446Jurisdiction is found in 42 U.S.C. § 405(g), which limits this Court’s scope of review as follows: “* ■>:• * The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * * Pursuant to 42 U....
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MEMORANDUM OPINION This diversity jurisdiction action charges the defendants with the tort of malicious prosecution and arises indirectly from the civil disturbances at the time of the 1968 Democratic National Convention that occurred in Lincoln Park in Chicago on the night and morning of August 26 and 27, 1968. The plaintiff is a police officer who was suspended by the Chicago Police Dep...
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OPINION This action was brought by W. Willard Wirtz, then Secretary of Labor, United States Department of Labor, under Section 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 201 et seq.), (the Act), alleging that defendants violated the provisions of Sections 15(a) (1), 15(a) (2), and 15(a) (5) of the Act and seeking to permanently enjoin and restrain them from violat...
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FINDINGS OF FACT I. Introduction and General Findings 1. This suit was instituted by plaintiff, United States of America, seeking relief for violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 2. Central Motor Lines, Inc. (hereinafter “Central”) is a corporation organized under the laws of the State of North Carolina, with corporate offices ...
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OPINION The Safeway Portland Employees’ Federal Credit Union (Credit Union), on November 20, 1970, purchased from defendants (Wagner) two one-year Certificates of Deposit of the Sharpstown State Bank. The certificates, of a total *117face value of $250,000, earned interest at the rate of 7%% per year. Wagner agreed to pay Credit Union an additional %% interest at maturity. The Sharpstown bank has...
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*488 OPINION This civil non-jury proceeding has been brought by plaintiff to require defendant to grant him vacation pay pursuant to § 9(d) of the Selective Service Act of 1967 (the Act), 50 U.S.C.A. § 459(d). Very simply stated, the problem presented is that of a returning serviceman who, after being drafted into the service of his country, now seeks to obtain one week’s va...
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IN PROCEEDINGS FOR REORGANIZATION OF A CORPORATION UNDER CHAPTER X THE BANKRUPTCY ACT MEMORANDUM AND ORDER Re: Petitions to Further Amend Debt- or’s Proposed Plan of Reorganization of the Spectrum Arena, Inc. On December 6, 1971, Philip P. Kalodner filed the “Debtor’s Proposed Plan of Reorganization as amended” (Docket No. 264), which Mr. Kalodner stated at the hearing on confirmation of the Trust...
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IN PROCEEDINGS FOR REORGANIZATION OF A CORPORATION UNDER CHAPTER X THE BANKRUPTCY ACT OPINION Re: Petition for an Accounting of ARA Services, Inc. I. On May 1, 1968, the Spectrum Arena, Inc. (hereinafter referred to as the “Spectrum” or “Debtor”) was involuntarily placed into reorganization under Chapter X of the Bankruptcy Act of 1898 (11 U.S.C. § 501 et seq.). As has been more fully documented ...
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MEMORANDUM AND ORDER Re: Petition to Alter and Modify Trustees’ Plan of Reorganization of the Spectrum Arena, Inc. Philip P. Kalodner filed on December 13, 1971 a Petition to Modify and Alter the Trustees’ Plan of Reorganization of the Spectrum Arena, Inc. (Docket No. 275). The petition asks this court to (1) “alter or modify” the Trustees’ Plan by substituting therefore the Debtor’s Plan,” (2) co...
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IN PROCEEDINGS FOR REORGANIZATION OF A CORPORATION UNDER CHAPTER X OF THE BANKRUPTCY ACT Re: Confirmation of Trustees’ Plan I. INTRODUCTION After three and one-half years, the corporate reorganization of the Spectrum has finally reached the stage where I have been presented at a confirmation hearing a most viable plan for ultimate payment of all Creditors — secured and unse...
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*279DECISION AND ORDER The plaintiff Robert Perry, a volunteer fireman, seeks damages for injuries allegedly sustained when he was struck by a fire truck as he attempted to activate a pump manufactured and installed on the truck by the defendant. The defendant has moved for an order compelling disclosure of the names of certain experts who examined the truck and pump shortly after the accident; t...
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MEMORANDUM OPINION In June of 1971, the plaintiffs, Mitchell L. Woods and Dorothy Woods filed suit in the Circuit Court of Miller County, Arkansas (Miller Circuit No. 8244) against the defendant, Commercial Union Insurance Company of America on a policy of fire insurance, the terms of which are not in dispute. The complaint alleges that plaintiffs had sold a house to Francis Pack; that Francis Pa...
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MEMORANDUM OPINION On August 20, 1971 the plaintiff filed an action T-71-C-31 against elected officials of the State of Arkansas, Miller County, Arkansas, the City of Texarkana, Arkansas and Township Officers in Arkansas seeking, among other things, a preliminary injunction restraining such officers from initiating proceedings to close or otherwise interfere with the operation of the Capri Theatr...
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MEMORANDUM OPINION AND ORDER Defendants are indicted under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510, et seq. This title presents a number of thorny interpretive questions. The instant case involves an inconsequential partial overhearing through a connecting hotel room door of a competitor’s vulgar salesman and has apparently been chosen by the Dep...
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MEMORANDUM OPINION This is a civil rights action based upon 42 U.S.C. § 1983. Plaintiffs are seeking declaratory and injunctive relief relating to the requirements of the United States Constitution regarding the rights of indigent Municipal Court defendants *294 to court appointed counsel. The basis of federal jurisdiction is 28 U.S.C. §§ 1343 and 2201. The individual pl...
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MEMORANDUM OPINION AND DECREE This cause comes on for final judgment; and the Court, having heard the evidence and considered the briefs and arguments of counsel, hereby makes its findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiff Chicago and North Western Railway Company is a corporation engaged in the transportation by rail of passengers and freight in inter...
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MEMORANDUM AND ORDER August 23, 1971 plaintiff filed a complaint against defendant Wesson Memorial Hospital and others alleging that the hospital caused her to suffer damage by the treatment it gave her during October 1964. September 17, 1971 Wesson Memorial Hospital answered denying liability. On November 18, 1971 Wesson Memorial Hospital moved to amend its answer to add a fifth defense, all...
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OPINION This is a motion under Rule 37, Fed. Rules Civ.Proc. to compel answers to certain questions propounded during depositions taken pursuant to ancillary discovery proceedings authorized by 35 U.S.C. § 24. This provision allows opponents before the Patent Office to obtain depositions in interference cases by leave of court. Foster Wheeler filed a patent application on May 27, 1964 for its ste...
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*373 OPINION This class action presents an issue of fundamental, importance concerning the power of a state to enforce against juveniles a purportedly non-criminal statute which permits commitment of defendants to adult criminal correctional programs and facilities, but is impermissibly vague if judged by the standards applicable to penal laws. We hold that the particular provisi...
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ORDER The petitioner, Roosevelt Clark, is presently confined in Central Prison, Raleigh, North Carolina, where he is serving a sentence of “not less than 25 nor more than 28 years.” This sentence was imposed on June 10, 1959, in Anson County Superior Court, Wadesboro, *235North Carolina, by Judge Walter E. Johnston after Clark had been found guilty by a jury of second degree murder of his wife, Ar...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for trial and the Court having heard the evidence and considered the same, finds the facts and states the conclusions of law as follows: FINDINGS OF FACT 1. That the plaintiff is a resident of the State of Oklahoma; that the defendant is a citizen and resident of the State of Texas; that there is diversity of citizenship ; that the ...
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MEMORANDUM AND ORDER The government has petitioned for reconsideration of that portion of an order entered by this Court on November 12, 1971, which requires the government “before the jury is empanelled and sworn” to supply all Jencks Act material, together with “any information known to the government which would constitute a basis for impeachment of the testimony of government witnesses,” ...
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OPINION and ORDER Factual Statement The instant litigation issued from deficiencies assessed against the plaintiff taxpayers for the years 1963, 1964 and 1965. The taxpayers paid the deficiencies and filed claim for refund. After six months had passed the taxpayers filed these two actions for refund of those portions of the assessed deficiencies attributable to the Commissioner’s...
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MEMORANDUM AND ORDER Plaintiff, Commerce National Bank in Lake Worth, Florida, has instituted this action to collect the amounts due on two overdue notes from defendant, Stanley M. Baron. The plaintiff has moved for a judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P. In considering a motion under Rule 12(c), this Court is required to view the pleadings in the light most ...
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OPINION This action, brought against the Secretary of Health, Education and Welfare, pursuant to Section 1869(b) of the Social Security Act, 42 U.S.C. § 1395ff (b), seeks to review a final decision of the Secretary, denying the plaintiff the payment of benefits for services provided to him, Maurice C. Johnson, as an in-patient at the Haverford Nursing Center, during a portion of the perio...
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OPINION AND ORDER This is a purported class action, alleging that the student and youth fares of defendant airlines constitute discrimination in contravention of the Federal Aviation Act, 49 U.S.C. § 1374(b); and the Civil Rights Act, 42 U.S.C. § 1985(3). Plaintiff, Sandra Eisman, is twenty-eight years old and claims to represent a class of persons over the age of twenty-six who are not s...
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*903ORDER This cause is presently before the Court on a Motion to Dismiss filed by defendants, predicated on the allegation that plaintiff’s claim has overrun the statute of limitations. The averments of the complaint, which the Court must take as true, are, in substance, as follows: 1. Puerto Rico Industrial Development Co. (PRIDCO), is a public corporation, owner of the premises and building wh...
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OPINION and JUDGMENT A petition for review has been filed with this court by Roanoke Industrial Loan and Thrift Corporation (hereinafter referred to as Roanoke Industrial) claiming that the Referee in Bankruptcy abused his discretion by not allowing a rehearing on the merits of its claim against Gilmore Perry. The creditor, Roanoke Industrial, and the debtor, Gilmore Perry, were involved in proce...
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*943 MEMORANDUM ORDER Petitioner, Diane Connie Roberts, is presently serving a one year sentence in the Monongalia County Jail in Morgan-town, West Virginia. This sentence was imposed on February 7, 1971, by a Monongalia County Justice of the Peace under the authority of West Virginia’s “Peace Bond” proceedings, West Virginia Code ch. 62, art. 10, §§ 1-4 (Michie 1966). 1 Having earlier ex...
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DECISION AND ORDER This is an action for the refund of federal estate taxes paid by the plaintiff as executrix of the estate of her husband, Carl W. Greene. The parties have stipulated to the facts upon which the present decision depends and have submitted briefs on the issues of law in lieu of a formal trial. Carl Greene died in Green Bay, Wisconsin, on February 25, 1966, and was survived by...
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DECISION AND ORDER The plaintiff in this action seeks damages for injuries allegedly sustained as the result of the negligent operation of an automobile by the defendant Kathryn Ann Dascola. This court’s jurisdiction is based upon diversity of citizenship. The defendants have moved to stay this action pending the disposition of a state court action in which they state that they have been joined...
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DECISION AND ORDER This action is before this court upon the bankrupt’s petition for a review of an order of the referee in bankruptcy dated September 30, 1971. On August 10, 1971, the referee filed a written opinion in which he determined that a state court judgment in favor of Mr. Damrow and against the bankrupt is not dischargeable under the provisions of § 17a(8) of the Bankruptc...
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DECISION AND ORDER DENYING REQUEST FOR THREE-JUDGE COURT AND DISMISSING COMPLAINT WITH PREJUDICE This matter arises upon the Complaint of Plaintiff on behalf of himself and all others similarly situated against the Assessors and Tax Collectors of each of the fifty-eight counties of the State of California. Plaintiff alleges that the residency requirements of Article XIII, Section iy...
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OPINION This is an action brought by plaintiffs for declaratory judgment and injunctive *4 relief under the provisions of 28 U.S.C. Sections 2201, 2202. The jurisdiction of this Court is invoked under 28 U.S.C. Section 1331, and 5 U.S.C. Sections 702, 706. Plaintiffs Jerome S. Kalur and Donald Large are consistent users of the Grand River in Northeastern Ohio. They use the river for numerous ...
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SUPPLEMENTAL RULING ON ISSUES OF PREJUDGMENT INTEREST AND QUARTERLY COMPUTATION This action was originally brought pursuant to § 301 of the National Labor Relations Act and all the controversial substantive issues were adjudicated after a lengthy court trial, 299 F.Supp. 877. The only remaining issues are: (1) when should interest begin to run against the damages award, and (2) should the...
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ORDER AND WRIT OF HABEAS CORPUS Louis B. Harper has petitioned this Court for the issuance of a writ of ha*1339beas corpus. After the filing of numerous pleadings this cause was set for an evidentiary hearing held before this Court on December 13, 1971, in Jacksonville, Florida. Petitioner, an inmate of the Florida Division of Corrections at the Avon Park Correctional Institution, alleges inter al...
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MEMORANDUM OPINION The trustees of the bankrupt Penn Central Transportation Company (hereinafter “Penn Central”) bring this action seeking to recover charges for alleged interior switching or intraplant switching performed by the railroad at defendant Prolerized’s request at Prolerized’s plant in Chicago between February 7, 1970, and August 18, 1970. Penn Central, being a common carrier r...
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MEMORANDUM This matter is pending on motion of petitioner to set aside the judgment and sentence of this Court in cause No. 68 Cr 279(2), under the provisions of 28 U.S.C. § 2255. This is the second motion under 28 U.S.C. § 2255. The first motion is numbered 70 C 363(2). The petitioner complains in this case: (1) that there was insufficient evidence on which to support a conviction, for the reason...
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335 F.Supp. 899 (1971) The PARK VIEW HEIGHTS CORPORATION et al., Plaintiffs, v. The CITY OF BLACK JACK et al., Defendants. No. 71 C 15 (A). United States District Court, E. D. Missouri, E. D. December 21, 1971. *900 Samuel Liberman and Richard Baron, St. Louis, Mo., Jerry Pratter, Clayton, Mo., Melvin L. Wulf and Lawrence G. Sager, American Civil Liberties Union Foundation, New York City, for pla...
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MEMORANDUM OPINION This matter came on for evidentiary hearing on the application of the plaintiffs for a preliminary injunction, following which the parties have submitted extensive briefs. The issue for decision in this ease is whether the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.A. § 4321 et seq. (Supp.1971), applies to the Secretary of the Interior when he approves a...
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This is an action brought by the Securities and Exchange Commission (SEC) against twelve defendants, seeking a permanent injunction enjoining them from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 (15 U.S.C. §§ 77e(a), 77e(e), 77q(a)), Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder (15 U.S.C. § 78j(b); Rule 17 C.F.R. § 240.10b-5). The SEC mo...
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This is an action to recover for wrongful death, personal injuries, and property damage. Mary Nielson, the plaintiff making the wrongful death claim, is a citizen of British Columbia, Canada, as was her decedent, Walter Nielson. Mervin Hayward, the plaintiff presenting the personal injury claim is also a citizen of the same Province. WCR Holdings, Ltd. (WCR), the plaintiff making the property dama...
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By this motion the government contends that, under the facts presented, the court is without power to grant defendant an adjournment of his surrender date to commence service of a sentence. Defendant had been found guilty after trial by Judge McLean and sentenced to two years’ imprisonment. He was released on bail pending appeal. After af-firmance of the judgment of conviction, 2d Cir., 448 F.2d 1...
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MEMORANDUM AND ORDER A complaint has been filed in this court seeking an order enjoining the above-named defendant from activating the petitioner into regular service in the United States Marine Corps for a period of fifteen months. The petitioner, John Francis McSweeney, is twenty-seven years old, married, the father of a nineteen month old daughter, and the expectant father of another child...
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MEMORANDUM OPINION AND ORDER Michael Lukich, the sole stockholder and sole owner of L & L Fire Fighting Equipment Company has moved this Court for an order quashing the grand jury subpoena served on him on the grounds that the subpoena violates the Fourth Amendment, requires him to violate the Fifth Amendment, and is a harassment and interference with his business operations. The pro...
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OPINION AND ORDER Presently before the Court is relator’s petition for a writ of habeas corpus. Relator and two co-defendants were convicted of aggravated robbery, conspiracy to commit burglary and burglary with intent to commit robbery. Relator was sentenced to a prison term of two to ten years. He appealed his conviction to the Pennsylvania Superior Court which affirmed per curiam. Commonwealth ...
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OPINION This Complaint has been filed to obtain review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff disability benefits under the Social Security Act, 42 U.S.C. A. § 405(g). The immediate matter before the Court is defendant’s Motion for Summary Judgment. The decision of the Secretary must be affirmed if substantial evidence exists to support the den...
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MEMORANDUM AND ORDER NO. 531 Edward Dotson, as parent and natural guardian of James Dotson, a minor, and in his own right, has petitioned for an order directing the Trustees to make immediate payment of a consent judgment entered in a pre-bankruptcy personal injury action against the railroad. The minor suffered the loss of both legs above the knee in 1966, when as a trespasser, he fell or jumped ...
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MEMORANDUM AND ORDER Defendant, indicted for) offenses related to his management of the Officers’ Open Mess, Defense Support Center, Philadelphia, Pennsylvania, has filed various pre-trial motions. He is charged with (1) unlawfully selling liquor by the bottle and case, and (2) making false entries in the Cash Receipts Journal of the Officers’ Open Mess. Initially, defendant seeks, pursuant to Fed...
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MEMORANDUM This controversy between the Trustee, representing creditors of Steel Structures, Inc. (bankrupt), Detroit Gasket and Manufacturing Company (Gasket) and Star Manufacturing Company (Star) arises on account of a fourth mortgage given by the bankrupt to secure a loan evidenced by a note in the amount of $16,240.54 from Gasket and used by the bankrupt to pay an indebtedness to Star for buil...
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MEMORANDUM DECISION In this action Marina N. Oswald Porter, widow of Lee Harvey Oswald, seeks compensation for the taking of certain property by the United States pursuant to Public Law 89-318, 79 Stat. 1185. This statute, enacted November 2, 1965, provides for condemnation by the United States of any item of evidence considered by the President’s Commission on the Assassination of President John ...
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MEMORANDUM OPINION The above ease was heard before the Court sitting without a jury on the 15th *250 and 16th days of December, 1971, and after having heard and examined the evidence, the arguments of counsel and the pleadings herein, the Court files this memorandum opinion as its findings of fact and conclusions of law. This action was brought under 42 U. S.C. § 1983 to seek redress for gr...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This is a suit for patent infringement. The patent in suit is United States Letters Patent No. Re. 26,220 (hereafter “Records patent”). Five claims of the patent are in issue; however, plaintiff has not attempted to establish infringement of claim 13. Claims 4, 18, 20 and 21 remain in issue on the complaint of infringement. In its counterclaim, defen...
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MEMORANDUM This is an action brought by Daniel Construction Company, Inc., hereinafter referred to as Daniel, wherein Daniel seeks to be indemnified and saved harmless and exonerated by the defendant, Welch Contracting Corporation, for all property damage arising out of the work undertaken by said defendant. Plaintiff, Daniel, is a general contractor. Plaintiff entered into a contrac...
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Petitioner, a state court prisoner, forwarded to this court a petition for a writ of habeas corpus, received by the Clerk of this Court on July 30, 1971. An order of August 18, 1971, called for respondent to answer, and said answer was received September 10, 1971. Petitioner was convicted in the Circuit Court of the City of Virginia Beach, Virginia for the crimes of rape and burglary upon pleas of...
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MEMORANDUM OPINION This memorandum opinion contains the findings of fact and conclusions of law required by Rule 52. In this case, jurisdiction is based on 28 U.S.C. § 1346, and plaintiff here seeks to recover estate taxes paid on the estate of Pearle M. Espy, who died October 2, 1966. There are two basic questions to be determined. The first is the value of shares of stock owned by ...
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OPINION Three defendants, non-residents of Delaware, whose property purports to have been sequestered under FRCP 4(e) 1 in an action praying, inter alia, for a money judgment against them, *199 have moved upon the basis of affidavits to vacate the sequestration and/or to dismiss for lack of jurisdiction. FRCP 4(e) incorporates by reference 10 Del.C. § 36...
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MEMORANDUM OPINION The defendants’ motions to dismiss or for summary judgment present the novel question of whether notice to an interested labor union from a state applying for funds pursuant to the Emergency Employment Act of 1971, P.L. 92-54, 85 Stat. 146, is a condition precedent to approval by the Secretary of Labor of the state’s application. If this question is answered in the affirmative, ...
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MEMORANDUM AND ORDER The Court has before it a Motion to Dismiss by defendants Everett James Pierce, Jerry L. Osier, Martin Boehme, Richard Riley, and David Doty and a Motion to Dismiss by defendant City of Council Bluffs, Iowa. Hearing was held on these matters on July 20,1971. *606 Plaintiffs bring this action on behalf of the Estate of Leo A. Eidschun. Plaintiffs allege v...
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This cause came for a hearing on a previous day and was taken under submission by the Court. After consideration of the briefs and the law, the Court is of the opinion that the motion to dismiss must be granted. Plaintiff, age 47, brought this action against his former employer, alleging that he was discharged in violation of the Age Discrimination in Employment Act. 1 The question presente...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Mary Truss, filed an application for widow’s disability insurance benefits on February 6, 1968, alleging that she had become unable to work as of August 12, 1967, at age 54, because of a fall she sustained while working as a cook in a nursing home. After such application was administratively denied, plaintiff ap...
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MEMORANDUM Plaintiff (“Christman”), a New York partnership, engaged as a sugar dealer and broker, brought this action for breach of a charter party against defendant (“Maristella”), a Panamanian corporation, controlled by Greek shareholders and owning and operating the Greek flag, American built, Liberty ship, S.S. ERETREA. The Court has jurisdiction of this maritime contract. 28 U.S.C. §...
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*600 MEMORANDUM Taxpayer, Coy B. Henson, and his wife, Allynn Henson, bring this action against the United States, Internal Revenue Service, for refund of a total of $2,757.93, in income taxes which were paid for the years 1965, 1966 and 1967. Mr. and Mrs. Henson filed joint income tax returns for the years in issue, therefore they are both parties to the action. Mrs. Henson is involved here ...
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DECISION AND ORDER This is a diversity action in which the plaintiff seeks an accounting from the defendant, as a mortgagee and agent for other mortgagees, of those funds which the defendant holds in escrow for the payment of taxes and insurance. Paragraphs eight and nine of the complaint allege: “That the moneys paid to defendant under said mortgage provision are trust funds, and were received a...
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MEMORANDUM OPINION The issue presented in this tax refund suit is simply stated: Is the taxpayer, who maintained her own apartment in which she alone resided, nevertheless entitled to head of household status on the ground that she also lived for a portion of the year in a household which constituted the principal place of abode of her dependent daughter and grandchildren? A stipulation of fa...
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MEMORANDUM OPINION AND ORDER This matter came on for hearing on December 13, 1971 before this Court pursuant to the order to show cause issued by this Court on November 22, 1971 directing the respondent to appear and show cause why he should not comply with the Internal Revenue Service summons served upon him on September 14, 1971 by the petitioner, Special Agent Shea. The Court has read and cons...
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MEMORANDUM OPINION Before the Court are two consolidated actions seeking to compel the preparation of environmental impact statements and to perform other duties alleged to be required by the National Environmental Policy Act of 1969 (NEPA) 1 prior to the issuance of an interim operating license for the Quad Cities Nuclear Power Station at Cordova, Illinois. The plaintiffs...
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OPINION AND ORDER At the direction of the Court both parties have submitted written memoranda with respect to their positions regarding the Government’s request that the plaintiffs post a bond in favor of the United States, in the sum of $750,000, which is the estimated loss of revenue to the United States for one month ending January 21, 1972, with a provision for increasing the amount to $2,5...
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OPINION In this patent litigation, Struthers Scientific and International Corporation and Struthers Wells Corporation (collectively “Struthers”) have moved to amend and supplement the complaint in C.A. 3665 and to supplement the complaint in C.A. 3850. General Foods Corporation (“GF”) vigorously opposes both motions. Motion To Amend Complaint In C.A. 3665 C.A. 3665 is a cons...
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ORDER Plaintiffs seek declaratory and injunctive relief against the enforcement of [1970 Supp.] Ga.Code Ann. § 67-1506 1 on the ground that this statute, as authoritatively construed by the Georgia courts, deprives them of their property without due process of law and is unconstitutional. A three-judge court has already determined that this case should be decided by a single judge. Giordano v...
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ORDER This is an action by four insurers, as subrogees, against the defendants for recovery of $398,502.75 paid to their insured Manhattan Sponging Works, Inc., which was allegedly a tenant in premises owned by defendant R.D.C., Inc. of Ross-ville, Georgia. That amount was paid to Manhattan for its property destroyed by fire which is alleged to have been negligently caused by the actions of defen...
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*1298 MEMORANDUM OPINION In this tax refund case there are two questions: (1) Were three “advances” made to the Ford Supply Company loans (“debt”) or capital contributions (“equity”) ? (2) If the “advances” were loans which created indebtedness, were the losses incurred by the late Robert Lynch upon the subsequent worthlessness of these debts “business bad debts” — whic...
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ORDER Petitioner, a prisoner incarcerated in the Georgia State Prison in Reidsville, was given leave to file in forma pauper-is a petition for the writ of habeas corpus. An evidentiary hearing was held and the court has concluded that evidence upon which petitioner was convicted was tainted by an unconstitutional lineup. Although the testimony in the case is in some conflict, the court will recite...
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MEMORANDUM OPINION Motion For Summary Judgment Plaintiff is engaged in the sale of home and building supplies at a number of locations in California and at one location in Arizona. Defendant insurance company, on April 5, 1970, issued to plaintiff a “monthly reporting policy” of insurance designated “Special Multi-Peril Policy-Commercial,” effective as of the date of issue and expiring on April 5...
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On or about March 13, 1971, Leroy Jenkins was killed in an automobile accident on Louisiana Highway 1, near Innis, Louisiana. He was survived by two families — one located in Mississippi and one in Louisiana. The Mississippi family, plaintiffs herein, included Ruth Jenkins, the- deceased’s former wife who had divorced him in 1962 and five minor children. Shortly after the accident this wrongful d...
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The plaintiffs in this matter are all truck drivers employed by the defendants and members of Local No. 568 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. They brought this action in the Ninth Judicial District *29 Court, Parish of Rapides, State of Louisiana alleging the breach of certain collective bargaining contracts between the ...
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MEMORANDUM AND ORDER Plaintiff, in her capacity as executrix of the estate of Mary Harris Lee, deceased, filed for a refund of Federal estate taxes in the amount of $38,577.62 plus statutory interest. Defendant has moved for summary judgment, following the filing of stipulated facts by the parties. The operative facts reveal that the decedent, Mary Harris Lee, then Mary Kuhn Harris, on Februa...
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Memorandum and Order This matter came before the court on the Government’s motion to dismiss Counts I through V as against the individual defendant Edward L. Baumann. The grounds for dismissal are not contained in the motion but are recited in a four-page memorandum filed in support of the motion. This motion presumably is filed pursuant to the provisions of Rule 48(a), Federal Rules of Crimina...
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Plaintiff corporation alleges that it borrowed money from defendant bank of Minneapolis, Minnesota and on September 20, 1968 executed its renewal promissory note in the amount of $4,000 due in 31 days and bearing interest at the rate of 8% per annum. On that date interest in the amount of $27.56 was paid to defendant in cash. It is alleged that seven days later on September 27, 1968 defendant, ...
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MEMORANDUM AND ORDER Defendant has moved for summary judgment. This action was begun in the New York Supreme Court, Suffolk County, by an order to show cause and temporary ex parte injunction issued March 17, 1971 to prevent defendant (Ford) from interfering with plaintiff’s operation as a Ford dealer or from granting a franchise as a Ford dealer to anyone else in the Riverhead area ...
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OPINION In these cases, plaintiffs Webson and Ozbirman, both of whom are aliens, submitted applications for alien employment certification pursuant to Section 212(a) (14) of the Immigration and Naturalization Act (“the Act”), 8 U.S.C. § 1182(a) *469 (14). 1 The applications were denied by the Secretary of Labor, and subsequent administrative remedies were unsuccessfully exhausted by plainti...
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MEMORANDUM This is an action in the nature of mandamus brought by plaintiff Gerald J. Peden to compel the defendants, United States Civil Service Commission (“Commission”) and its Director for the New York Region, to adjudicate his administrative appeal from his dismissal as an employee of the Internal Revenue Service (“IRS”). Plaintiff asserts jurisdiction in this court under 28 U.S.C. *391§§ 13...
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*159 OPINION AND ORDER DENYING MOTION FOR NEW TRIAL OR JUDGMENT OF ACQUITTAL Defendant was found guilty by verdict of a jury of the crime of wilfully attempting to evade or defeat income taxes imposed upon his personal income for the years 1964, 1965, 1966 and 1967 under the provisions of 26 U.S.C. 7201. 1 He has filed Motions for a New Trial or Judgment of Acquittal claiming that the evide...
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OPINION Civil rights. Plaintiff has brought this action, which purports to be a class action under Rule 23 against nine individuals and the City of Philadelphia claiming deprivation of his constitutional rights and seeking redress under 42 U.S.C. § 1983 1 by way of an injunction, declaratory judgment and damages. Plaintiff predicates jurisdiction upon 28 U.S.C. § 1331 (Federal Question) 2 a...
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ORDER This case is before the Court on the defendant’s motion for summary judgment and plaintiff’s cross-motion for remand to the Secretary of Health, Education and Welfare. On June 11, 1971 the Court denied a prior motion to remand filed by the plaintiff without prejudice to decide the merits of the motion when the entire administrative record was received by the Court. When the record was receiv...
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ORDER This cause is presently before the Court upon defendant’s motion to dismiss the complaint filed on October 8, 1971, and plaintiff’s opposition thereto. *1076As it appears from the record, the defendant herein, Luis Rodriguez Vargas, was arrested and brought before the United States Commissioner on December 5, 1969, to answer a complaint charging him with embezzlement of funds from the Welfa...
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MEMORANDUM OPINION AND ORDER This is a patent infringement action brought by the plaintiff Penntube, a Delaware corporation, against Fluorodynamics, Inc., also a Delaware corporation, and its subsidiary, Fluorotex, Inc., a purported South Carolina corporation. Subsequent to the commencement of this action, Fluorodynamics brought a declaratory judgment action in the District of Delaware ag...
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ORDER This is a civil action for infringement of trademarks registered in the United States Patent Office, 15 U.S.C. Section 1114, as amended, and for unfair competition, namely common law trademark and trade name infringement, and is joined with a substantial and related claim based upon contract. The plaintiff claims the exclusive right to the use of the words, “Young Women’s Christian Associat...
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MEMORANDUM AND ORDER This case is presently before the Court on remand from the United States Court of Appeals for the Fifth Circuit, 439 F.2d 259 (C.A.5, 1971), for determination of an issue not previously considered by the Court. Petitioner is an inmate in the custody of the Texas Department of Corrections by virtue of a conviction for possession of heroin, for which he was sentenced to...
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MEMORANDUM OF DECISION AND ORDER This is an action, under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for personal injuries resulting from a collision between a United States Air Force truck and an automobile, driven by James B. Stirling, in which the plaintiff was a passenger. The United States Government has filed a third party complaint for indemnity against Stirling. It contends...
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ORDER DENYING PRELIMINARY INJUNCTION This is a civil action for a preliminary injunction. Plaintiff complains that defendants have engaged in a course of competitive business conduct which is unfair and in restraint of trade in violation of 15 U.S.C. §§ 15 and 26. The jurisdiction of this Court is invoked under 28 U.S.C. § 1337. This Court also has jurisdiction over plaintiff’s pendent st...
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*166 OPINION AND ORDER This case came before the Court on plaintiff’s Motion for a Preliminary Injunction to prevent the defendants from leasing approximately 80 tracts on the Outer Continental Shelf off eastern Louisiana on or after December 21, 1971. Upon the execution of the leases, the lessees will have the exclusive right to drill on and extract oil and gas from the lease tracts and the ...
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OPINION This case involves the question of who has the rightful possession of two seats on the Board of Directors of Seotten, Dillon Company (“Seotten, Dillon”). Invoking jurisdiction pursuant to 28 U.S.C. § 2201, Section 27 of the Securities Exchange Act of 1934, 15 U.S.C. § 78aa, and the principles of pendent jurisdiction, the plaintiffs, Len J. Dillon (“Dillon”) and Fred R. Davis (“Dav...
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DECISION AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT This is an action for refund of federal income taxes paid by plaintiffs as transferees of Best Advertising Corp. (BEST), a dissolved Illinois corporation. The court has jurisdiction under 28 U. S.C. § 1346(a) (1). Pending for decision is a motion by the Government for partial summary judgment, under Rule 56(d), F.R.Civ.P. The following fac...
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Defendants have been indicted for alleged violations of the Hobbs Act, 18 U. S.C.A. § 1951. They have moved to dismiss the indictment on the ground that the acts alleged therein do not constitute a federal offense under that act. Briefly stated, three of the defendants were members of the International Brotherhood of Electrical Workers Union, Local 390, and one was a member of Local 2286 of the...
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MEMORANDUM By this action plaintiffs seek recission and damages for certain alleged violations of the Securities Exchange Act of 1934 (The 1934 Act), §§ 10(b) and 29(b), 15 U.S.C. 78(j) (b), 78(cc)(b); and Rule 10B5 of the Securities and Exchange Commission, promulgated thereunder, 17 C.F.R. 240-10b-5. They also seek, under an asserted pendent jurisdiction, similar equitable and legal rel...
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Memorandum Opinion on Defendants’ Post-Trial Motions Defendants Irving Kahn and Teleprompter Corporation, having been found guilty by a jury on October 20, 1971 of five and four counts respectively of a five-count indictment, move for judgment of acquittal pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure and, in the alternative, for an order granting a new trial under Rule 33...
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This is an indictment in two counts charging (1) a conspiracy to violate 18 U.S.C. § 1955 (Act of October 15, 1970, 84 Stat. 937) 1 and (2) a substantive *1320 violation of that section. There are eight defendants. Five of them, Anthony Politi, Philip Politi, Harry Weis, Frank Bracey and Arthur Dilworth, make the following motions: (1) for a bill of particulars; (2) for discovery and inspecti...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW This is a libel for cargo damage, tried before the court, the question of the amount, if any, of damages being reserved, only the issue of liability being considered. *1331 The plaintiff seeks to recover for cargo damage sustained during a collision between the S.S. Janet Quinn and M/T Forest Lake and also seeks to recover fro...
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MEMORANDUM This is a declaratory judgment action which, in essence, seeks to have determined the respective obligations of two insurance carriers for the liability of the driver of a borrowed truck involved in an accident which caused serious injuries to the defendant Betty Armstrong and the death of her husband. The record discloses that prior to May 30, 1969, the date of the accident, Harold A....
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MEMORANDUM OPINION AND ORDER The government has moved to dismiss the several counterclaims of a logging company and its surety. The United States brought this action as trustee for the Confederated Tribes of the Warm Springs Reservation of Oregon, asserting breaches of a logging *38contract. The contract dealt with the logging of timber owned by the Indian tribe. The government alleges damages of...
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OPINION AND ORDER The defendant is charged with failure to submit to induction into the Armed Forces, a duty required of him by the Military Selective Service Act of 1967, 50 App. U.S.C.A. § 462(a) (1967). 1 The order to report for and submit to induction was for May 18, 1966, and the indictment for failure to do so was handed down on May 13, 1971, one week short of the five year statute of l...
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MEMORANDUM OPINION AND ORDER The complaint alleges plaintiff was employed as a teacher by School District No. 50 on December 11, 1967, and was placed on a three-year probationary status. At the end of the third year, his contract of employment was not renewed. Plaintiff asserts that the failure to renew his contract was an invasion of his Federal Constitutional rights and by this action, he seeks...
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ORDER This cause came before the Court upon motions for summary judgment made by both the plaintiff and the defendant and upon Herman and Pola Sheydwasser’s motion to intervene as party plaintiffs and as representatives of a class not yet constituted. This action was brought pursuant to 42 U.S.C. §§ 1981, 1983 and 2000d. The plaintiff seeks to enjoin the enforcement of Florida Statutes § 409.205(...
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Plaintiff, Wehland, a minor, by his father and next friend, suing for his own use and for the use of Harleysville Mutual Insurance Company (Harleysville), seeks damages from defendant, Nationwide Mutual Insurance Company (Nationwide), alleging that Harleysville discharged to certain third parties a liability of Wehland, which should have been paid by Nationwide. The facts in this case, in which di...
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MEMORANDUM OF DECISION The United States of America has a general lien on all cattle owned by Larry Vencill. Mid-States Sales Company, Inc., the only remaining defendant, has a purchase money mortgage on some of the same cattle, and the issue in these cases is which of these lienholders is entitled to the proceeds of sales of certain cattle. FINDINGS OF FACT Applicable to Civ. 1793 L and Ci...
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OPINION Plaintiff sues to set aside, vacate and annul an Interstate Commerce Commission (Commission) order denying plaintiff’s application to extend its motor common carrier operating authority. Jurisdiction exists under 28 U.S.C. § 1336 and 49 U.S.C. § 17(9). A three-judge court was duly appointed and convened and seven carriers which had appeared in the proceeding below were permitted t...
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Memorandum Opinion The government petitions pursuant to 26 U.S.C. §§ 7402(b) and 7604(a) to enforce an Internal Revenue Service summons issued for the purpose of determining the tax liability of intervenor Rudolph Wittenberg for the years 1966, 1967 and 1968. In 1969, as a result of an independent investigation, the IRS claims to have discovered that certain checks paid to Wittenberg, a pract...
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OPINION Defendants in these consolidated actions have moved to dismiss plaintiffs’ complaints upon the ground that they fail to state a claim upon which relief can be granted. Rule 12(b) (6) F.R. Civ.P. Alternatively, all defendants move this court to stay these actions pending a final determination in Sanders v. Lum’s Inc. et al., 70 Civ. 5331, a related action pending before this court....
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MEMORANDUM This is a motion for a preliminary injunction in an action seeking an injunction and damages for alleged infringement of statutory copyright. Plaintiffs are the publishers and authors of an economics textbook (“McConnell text”) and related works. 1 Defendants are the publisher, its president, and the authors of another textbook (“Spencer text”) and related materials. ...
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MEMORANDUM OPINION The Plaintiff, a National labor organization representing approximately 200,000 letter carriers, brings this suit for injunctive relief and declaratory judgment against the Defendants asserting that Defendants are violating the United States Postal Laws to the injury of the members of Plaintiff’s organization. The alleged violation is that Defendants are offering to del...
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MEMORANDUM AND ORDER SUR MOTION FOR MORE DEFINITE STATEMENT AS TO DEFENDANT CORNELIUS DORSEY Defendant, Cornelius Dorsey, an alleged past or present officer and/or director of Penn Central Transportation Company and some of its subsidiaries, has moved for a more definite statement under F.R.Civ.P. 12(e). A motion for a more definite statement is addressed to the sound discretion of the court, and ...
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ORDER Petitioner, Eduardo Rivera Garcia, filed through his counsel, on December 6, 1971, a Petition for Habeas Corpus alleging that he is restrained of his liberty in violation of his constitutional *40rights under the Constitution of the United States. It is stated in said petition that Eduardo Rivera Garcia is in Camp Punta Lima under the custody of the respondent herein, serving a prison term o...
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MEMORANDUM DECISION. On August 3, 1971, judgment was entered in favor of defendant, Dewey County Bank, against plaintiff, Delbert Annis, in the eighth judicial circuit of the state of South Dakota. The judgment was on two notes given by plaintiff to the defendant on February 10, 1970, totaling $65,750.00 1 plus $7,714.66 interest. These notes were executed and were to be paid i...
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MEMORANDUM OPINION AND ORDER This is an action for money damages for the alleged violation by the defendants of the plaintiff’s federally-protected civil rights, 42 U.S.C. § 1983, and for their malicious prosecution of him, 28 U.S.C. § 1332(a) (1), (c). The defendants have moved for a dismissal of the action, on the ground that the complaint fails to state any claim against them on which relief...
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OPINION and JUDGMENT Pursuant to 28 U.S.C. § 2241, Johnny Mack Brown has petitioned the court for a writ of habeas corpus to terminate his alleged illegal confinement in the Virginia state prison system. The original petition was filed by Brown pro se in the United States District Court for the Eastern District of Virginia and was later transferred to this court. Brown subsequently filed with this...
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OPINION and JUDGMENT Pursuant to 28 U.S.C. § 2241, Edward Wendell Welborn petitions this court for a writ of habeas corpus to terminate his confinement in the Virginia State Penitentiary. Leave to proceed in forma pauperis has been granted. Petitioner is detained pursuant to a judgment of the Circuit Court of Pulaski County imposed on October 3, 1968, in which petitioner was convicted of brea...
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OPINION AND JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus filed by Emilio Reyes, a state prisoner, pursuant to 28 U.S.C. § 2241. The petition was originally filed in the United States District Court for the Eastern District of Virginia and was later transferred to this court by order dated September 24, 1971. Leave to proceed in forma pauperis has been previ...
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OPINION Appellant appeals the judgments of conviction entered by the Municipal Court on three criminal complaints: (1) aggravated assault and battery, (2) brandishing and exhibiting a deadly weapon; and (3) possession of an unlicensed firearm. Appellant is a petty officer of the United States Coast Guard in charge of the Hamms Bluff Light Station, St. Croix. He testified that while passing through...
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OPINION AND TEMPORARY RESTRAINING ORDER This case concerns a serviceman who while stationed in the Republic of China (Taiwan) was charged, tried, and convicted by China of a drug offense pursuant to an Executive “Agreement Re-tween the United States of America and the Republic of China on the Status of United States Armed Forces in the Republic of China,” TIAS 5986, 17 UST 373. The plaintiff is...
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DECISION THE PARTIES AND PROCEEDINGS BEFORE THE INTERSTATE COMMERCE COMMISSION The Intervening Defendant, Hopper Truck Lines, now O. N. C. Motor Freight System (Hopper), was a motor carrier engaged with its then parent, O. N. C. Motor Freight System, in transporting general commodities under permanent authorities from the Defendant Interstate Commerce Commission (Commission) to serve routes i...
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SUPPLEMENTAL OPINION A motion for reargument is made by the plaintiff under Rule 9(m) of the General Rules. The motion is granted and the briefs and letters submitted will be treated as the reargument. Plaintiff moves, upon reargument, for summary judgment on two grounds: (1) that the recent decision of the Supreme Court in Supt. of Insurance v. Bankers Life, 404 U.S. 6, 92 S.Ct. 165,...
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Defendants have moved for an order determining that the actions listed on Schedule A of the affidavit in support of the motion may not be maintained as class actions under Rule 23 of the Federal Rules of Civil Procedure. These actions arise out of the explorations near Timmins, Ontario, conducted by Texas Gulf Sulphur Company (TGS) between November 12, 1963 and April 16, 1964, on which date TGS an...
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In his original complaint of October 9, 1969, the plaintiff, a former limited partner of Ira Haupt & Co. (hereinafter Haupt), now bankrupt, stated two claims for relief against the New York Stock Exchange (hereinafter Exchange). The first count charged a violation of Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. § 78f) in that the Exchange failed adequately to supervise Haupt as a...
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MEMORANDUM AND ORDER This matter is before the Court on the motion of the defendant, General Motors, Inc. for summary judgment in its favor against plaintiff, Patrick B. Clarke. The pertinent facts may be briefly recited: At or about 3:00 a.m. on January 29, 1967, Patrick B. Clarke was injured as a result of an automobile accident involving the vehicle in which he was a passenger and a ve...
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OPINION Plaintiff seeks to enjoin Southeastern Pennsylvania Transportation Authority (“SEPTA”) and New Jersey Department of Transportation (“NJDOT”) from awarding contracts to the General Electric Company (“GE”) for the design, construction, testing, delivery and guaranteeing of 214 railroad commuter cars, and to require SEPTA and NJDOT to award these contracts to plaintiff Pullman Incorp...
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MEMORANDUM AND ORDER ON MOTION TO DISMISS Plaintiff, a member of the United States Navy, seeks damages from the government for loss of household effects. In June 1968, pursuant to orders changing his duty station, plaintiff’s furniture and household effects were allegedly moved from San Diego, California, to Newport, Rhode Island, and storage was authorized for a six-month period at gover...
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Gulf Oil Corporation, the owner of an 18-inch pipeline in the Gulf of Mexico, and Brown & Root, Inc., the owner and operator of the Derrick Barge FOSTER PARKER, which had been engaged in platform construction work for Gulf Oil Corporation, brought this suit for damages occasioned by the rupture of the pipeline. The plaintiffs jointly sued Gulf Mississippi Marine Corporation, in perso...
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MEMORANDUM AND ORDER ON FOOD STAMP ADJUSTMENTS In this civil rights action to establish the right of striking New York Telephone Company employees to receive various forms of public welfare assistance, a separate issue was presented concerning the court’s power to direct retroactive issuance of food stamps. The court previously ruled, on a motion for preliminary injunction, that food stamps had...
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MEMORANDUM In his petition for a writ of habeas corpus as originally filed in the Northern District of New York, petitioner sought relief on the ground that he was the subject of a coerced confession prior to his plea of guilty of murder in the second degree. After his petition was *137 denied in the Northern District without a hearing, petitioner appealed to the Second Circuit Court of Appea...
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This civil action for injunctive relief arises out of an ongoing proxy contest for the election of directors of defendant Butler Aviation International, Inc. (“Butler”) at the annual meeting of stockholders presently set for December 14, 1971. 1 Plaintiffs commenced the action by filing their complaint on the afternoon of November 24, 1971, and simultaneously presenting ex part...
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OPINION Plaintiff, a district justice of a state magisterial district, charged by the Pennsylvania authorities for the crime of bribery under the Pennsylvania Criminal Code, has filed a civil complaint in this court seeking equitable and declaratory relief. The defendants named are the District Attorney of Erie County and the Chief County Detective of Erie County. Jurisdiction is claimed under the...
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OPINION and ORDER The plaintiff in the above captioned case has filed a motion for a new trial following a jury verdict that the defendant was not negligent. The case involved a wrongful death action. Trial took place March 15, 16 and 17 of 1971. The liability phase of the case was tried first. The litigation arose from an auto accident that occurred at 3:10 a. m. on February 18, 1967. The defenda...
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ORDER The Court has under consideration the motion of plaintiff to add a party defendant and to submit amendments to the complaint. Plaintiff’s original complaint is against T.I.M.E.-DC, Inc., a nationwide employer in the transportation industry, and two international unions, seeking injunctive and declaratory relief. It appears that the employer has itself, and through its predecessors, ente...
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OPINION This habeas corpus proceeding has been brought by a state penal inmate convicted of burglary and possession of burglary tools. The Court has conducted a full and complete hearing and has reviewed all state court records relative thereto. Petitioner asserts that his conviction for burglary is constitutionally invalid and amounts to a denial of due process. The thrust of this argument is tha...
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ORDER In this class action, originally filed in behalf of patients involuntarily confined for mental treatment purposes at Bryce Hospital, Tuscaloosa, Alabama, 1 this Court on March 12, 1971, in a formal opinion and decree, 325 F.Supp. 781, among other things, held: The patients at Bryce Hospital, for the most part, were involuntarily committed through non-criminal procedures and without th...
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*520 MEMORANDUM OPINION This case came before the Court on December 7, 1971, for the purpose of sentencing in the above numbered cases, after the defendant entered pleas of guilty to the offense of carnal knowledge in Criminal No. 1958-70 and the offense of robbery in Criminal No. 637-71. The Court permitted defense counsel to allocute in behalf of his client at which time the Court was urged...
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335 F. Supp. 1241 (1971) The AMERICAN WATERWAYS OPERATORS, INC., etc., et al., Plaintiffs, and Suwannee Steamship Company, etc., et al., Intervening Plaintiffs, v. Reubin O'D. ASKEW, as Governor of the State of Florida, et al., Defendants. No. 71-156-Civ.-J. United States District Court, M. D. Florida, Jacksonville Division. December 10, 1971. *1242 Healy & Baillie, Haight, Gardner, Poor &...
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These six consolidated cases prayed for the convening of a three-judge court under 28 U.S.C. §§ 2281 and 2284 for the purpose of (1) holding either that Article IV, section 3(b) of the 1970 Constitution of the State of Illinois, S.H.A., providing for the appointment of a legislative redistrieting commission, is unconstitutional or that the commission appointed thereunder is without constitutional...
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MEMORANDUM OPINION AND ORDER This is an action for damages resulting from the crash of a helicopter manufactured by the defendant and purchased by the plaintiff. Jurisdiction is based on diversity of citizenship. 28 U.S.C. Section 1332. Plaintiff is a British Columbian citizen with its principal place of business in Canada. Defendant is a Maryland corporation with its principal place of b...
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335 F. Supp. 1048 (1971) UNITED STATES of America and Jerome I. Gulack, Special Agent, Internal Revenue Service, Petitioners, v. William E. SCHOEBERLEIN, Respondent, and J. Stewart Brinsfield, Jr., and Evelyn Brinsfield, his wife, Intervening Respondents. Misc. No. 709. United States District Court, D. Maryland. December 10, 1971. *1049 *1050 *1051 George Beall, U. S. Atty., Leonard M. Linton, Jr...
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*1002 MEMORANDUM AND ORDER The basic issue in these two jointly tried Declaratory Judgment actions is whether plaintiff, Chippewa Indians, may fish, hunt and harvest wild rice on the public lands and waters of the Leech Lake Indian Reservation without complying with Minnesota game and fish laws. Plaintiffs base their claim that the Indians are not amenable to such Minnesota ...
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MEMORANDUM OPINION This case is before the court on the complaint of Philco Finance Corporation (Philco), a Delaware corporation, against John Pearson and wife, Rosemary Pearson, Mississippi citizens, George J. Heard, a Tennessee citizen, and other Mississippi defendants, 1 to set aside as a conveyance in fraud of creditors the transfer by Pearson to Heard of 25,000 shares of s...
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Memorandum Opinion I. Defendants Belimex Corporation and Bernard Liebermann are charged in a six-count indictment, filed December 6, 1965 in the Southern District of New York, with having misrepresented to agencies of the Department of Commerce the ultimate destination of ball bearings for export, in violation of 18 U.S.C. § 80 (1946), prohibiting the making of knowing misrepresentations to gove...
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OPINION The Context of the Case This case and its companion cases 1 arise out of the unsuccessful attempt of Chris-Craft Industries, Inc.- (Chris-Craft), a diversified manufacturer of recreational products, to secure control of Piper Aircraft Corporation (Piper), a leading manufacturer of light aircraft. The Chris-Craft takeover attempt was resisted by Piper and by a c...
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This cross action by Bangor Punta, a defendant in Chris-Craft v. Bangor Punta et al., 337 F.Supp. 1128 (S.D.N.Y. *1149 69 Civ. 2227) decided this day, arises out of the bitter straggle between the two companies for control of Piper Aircraft Corporation. That struggle ended in the marketplace with Bangor Punta in control and continues in the complaints and cross complaints by the parties against...
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ORDER REMANDING CASE This case was removed under 28 U.S. C. § 1441(b) to this Court from an Oklahoma State Court by Defendants Public Service Company of Oklahoma and Central and South West Corporation on the ground that Federal jurisdiction exists within the meaning of 28 U.S.C.A. § 1331(a). Plaintiffs own property which is crossed by a high pressure gas pipeline which they claim is beneficially ...
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MEMORANDUM OPINION AND ORDER Defendant, the Great Republic Life Insurance Company (GRL), a Washington corporation, has moved to quash the service of summons made by the United *499States National Bank of Oregon (Bank) upon GRL’s president, Daryl Jensen. GRL contends that its president entered the United States Courthouse in the District of Oregon solely for the purpose of testifying at a hearing ...
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ORDER This is a suit by the plaintiff against the Secretary of Health, Education and Welfare under section 205(g) of the Social Security Act, 42 U.S.C. 405(g), to review a final decision of the Secretary denying the plaintiff’s application for the establishment of a period of disability under section 216(i) of the Act, 42 U.S.C. 416(i), and for disability insurance benefits, as provided by sect...
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MEMORANDUM OPINION AND ORDER Petitioner has filed his application for a writ of habeas corpus in this Court against the respondents seeking discharge from further service in the United States Air Force, and for certain injunctive relief. A hearing was held on said application in Lubbock, Texas at 2:00 p. m. on December 9, 1971 with the petitioner and his attorney present and the defendants bein...
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MEMORANDUM OPINION The Plaintiffs complain of an order of September 27, 1971 issued by the County Commissioners Court of Jefferson County, Texas, which failed to provide for an election in 1972 for Precincts Nos. 2 and 4 to implement the realignment of the four county precincts, which precincts now conform to the constitutional one man, one vote requirements of Reynolds v. Sims, 377 U.S. 533, 8...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Cornell W. Jones, a state prisoner, pursuant to the provisions of 28 U.S.C.A. § 2241. The petitioner is currently serving two consecutive five-year sentences imposed by the Hustings Court of the City of Roanoke for convictions of possession and sale of heroin. The first of ...
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MEMORANDUM OPINION On November 26, 1971, plaintiff, hereinafter referred to as the “UNION”, came before the Court, filing this action for an injunction and money damages against the Virgin Islands Port Authority, hereinafter referred to as the “PORT AUTHORITY”. Concurrently with filing this action, the Union appeared ex parte seeking a temporary restraining order which would require the Port Au...
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OPINION This matter came before the court upon defendant’s motion to dismiss the complaint by reason of (1) the failure of the plaintiff to state a cause of action, and (2) for want of a necessary and indispensable party. The pertinent facts are alleged as follows. In February of 1969, plaintiff and one Thomas Peters were soldiers of the United States Army stationed at Fort Stewart, ...
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MEMORANDUM OF DECISION Defendant was indicted for wilfully failing to comply with an order of his local draft board to report for and submit to induction, thereby violating 50 U.S.C. App. § 462. The case was tried without jury. It was stipulated that the defendant was ordered to report for induction on October 15, 1969 and that he failed and neglected to submit to induction at that time. The on...
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MEMORANDUM OF DECISION This action is before the court on defendants’ motion to dismiss for lack of jurisdiction over the subject matter. Rule 12(b) (1) Fed.R.Civ.P. Plaintiff is a citizen of the State of Texas. Defendants are citizens of the State of Mississippi and reside within the Greenville Division of the United States District Court for the Northern District of Mississippi. Th...
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335 F. Supp. 43 (1971) UNITED STATES of America ex rel. Delbert WOOD and James R. Wood, Plaintiffs, v. Micheal BLACKER, Esq., James C. Haggerty, Esq., Public Defender's Office, Defendants. Civ. A. No. 1315-69. United States District Court, D. New Jersey, Civil Division. December 9, 1971. Delbert and James R. Wood, pro se. George F. Kugler, Jr., Atty. Gen. by Daly D. E. Temchine, Deputy Atty. Gen....
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This is a motion by the defendants for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. The plaintiff pro se is a patient of Matteawan State Hospital. He was committed to that institution for the criminally insane on April 28, 1960 pursuant to a finding by a State Court Judge that he was “dangerously mentally ill” within the meaning of § 85 of the *994Mental Hygiene...
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This is a motion by plaintiff (Columbia) for summary judgment in its favor for “the relief demanded in the complaint”. Fed.R.Civ.P. 56 The relief demanded in the complaint is a money judgment for $244,084.33 with interest and costs. The action was commenced on January 25, 1968, and is for recovery of income taxes of $187,993.44 and interest thereon of $56,090.89 paid by Columbia for the ye...
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This is an action for infringement of United States Patent No. 3,233,512, issued February 8, 1966 to plaintiff Sidney 0. Sampson. The patent is entitled “STEREO TAPE CONTROL APPARATUS FOR A SLIDE PROJECTOR,” and the invention which it embodies is an educational device combining a tape recorder and slide projector. There is jurisdiction and venue under 28 U.S.C. §§ 1338(a) and 1400(b). The plain...
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ENDORSEMENT Defendant, Steinway & Sons, moves pursuant to Rule 26(c), Fed.R.Civ.Proc., for a protective order that plaintiff’s notice of taking deposition in Germany of one of its own executive officers be vacated and that the testimony of the witness be taken within the Southern District of New York. For the reasons set forth below the motion is granted. Since plaintiff has chosen this forum, it...
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MEMORANDUM AND ORDER On April 2, 1968, at approximately 4:40 a. m., a collision occurred between the United States Coast Guard utility boat CG-40459, headed eastbound toward the Gulf of Mexico in the Corpus Christi channel and the lead barge of the four-barge tow of the M/V MARY E. STAPP, which was proceeding westbound toward Corpus Christi. As a result of the collision the Coast Guard ve...
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MEMORANDUM AND ORDER This cause came on for trial before this Court without a jury in February of 1970, and on consideration of the issues as set forth in the pleadings and pretrial order, the evidence, and the arguments and briefs of counsel, the Court concluded the following: (a) that defendant Joy Manufacturing Company was not negligent in its design, or otherwise, and therefore was and is not ...
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MEMORANDUM Plaintiff, James W. Brinkley, was employed as a longshoreman on July 31, 1968, by Old Dominion Stevedoring Corporation, the third-party defendant. The task on that day was to load rolls of linerboard into the No. 4 hatch of the Icelandic Motor Vessel SELFOSS from the apron of Pier B, Sewell’s Point, in Norfolk, Virginia. Plaintiff, Brinkley, was employed as a slinger in the lon...
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MEMORANDUM OPINION Prior to the trial date, the defendant filed a motion to suppress certain evidence. Since the case was to be heard by the Court sitting without a jury, no separate setting for the evidentiary hearing on the motion to suppress was scheduled. Furthermore it was apparent that the facts relevant to the motion to suppress would also be central to the trial itself. The hearing on t...
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MEMORANDUM OPINION This case arises under 42 U.S.C. § 2000e-9, which switches that which would be a routine discovery matter in an ordinary lawsuit into a full blown trial, the determination of which presumably must rest upon findings of fact and conclusions of law as required by Rule 52. This opinion contains those required findings and conclusions. 42 U.S.C. § 2000e-9 provides in m...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon the defendants’ motion to dismiss for failure of the complaint to state a claim upon which relief can be granted. The complaint alleges that on March 4, 1970, Michael Colacci, the father of the defendants, Anthony and Joseph Colaeci, died, domiciled in Boulder County, Colorado, leaving a will in which he left all of his propert...
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ORDER STATEMENT OF THE CASE This Order arises from a trial on the merits of the deductibility, under federal estate tax laws, of a claim against the Estate of Louis G. Sherman for alimony and support payments. Plaintiffs are the executors of the estate of Louis G. Sherman. This is a suit for refund of estate taxes which the plaintiffs contend were erroneously assessed and collected from the...
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This case is presently before the court on á motion for supplementary relief. The government, as petitioner, seeks greater faculty integration in the Plaquemines Parish public school system and asks that majority-to-minority student transfers be allowed in addition to the other means being used to overcome the effects of dual-system education. In recent years there have been significant inroads ma...
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MEMORANDUM and ORDER Plaintiff in Pearlstein v. Scudder & German, 295 F.Supp. 1197, rev’d 429 F.2d 1136 (1970), cert. den. 401 U.S. 1013, 91 S.Ct. 1250, 28 L.Ed.2d 550 (1971), and remanded to this Court to assess and determine the measure and amount of damages, has moved by Notice of Motion, dated and served December 6, 1971, the same date on which the case was called in for trial, for an...
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MEMORANDUM and ORDER The petitioner, hereinafter called Phillips, now in State custody, applies, pro se, for a writ of Habeas Corpus and authorization to proceed in Forma Pauperis. THE SUBSTANCE OF PHILLIPS’ CLAIMS FOR RELIEF 1. That his plea of guilty was not voluntary; 2. That his attorney, through false promises, inducements and misrepresentations pressured him into withdrawing his plea of not...
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MEMORANDUM OPINION AND ORDER This cause is before this Court upon a remand from the Sixth Circuit Court of Appeals which ordered that this Court hold an evidentiary hearing on this petition for a writ of habeas corpus. 428 F.2d 325, 328 (6th Cir. 1970). A hearing was held in due course. The facts in this case are thoroughly reviewed in the opinion of the Sixth Circuit. Petitioner raises several...
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ORDER After removing this case from the Tulsa County District Court, Defendant raised by Motion a claimed defect of venue in the State proceedings initiated by Plaintiff herein. The Defendant asserts that it is a transportation company within the meaning of 12 Okl.Stat.Ann. § 135 pertaining to venue and claims that none of the requirements of that Statute have been met in this case. ...
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OPINION Plaintiffs’ Complaint contains allegations that: (a) In preparing and adopting the school reorganization plans defendants intentionally and knowingly created racially segregated school districts. (b) In preparing and adopting the school reorganization plan the defendants failed to take steps to eliminate racial imbalance. (c) In preparing and adopting the school reo...
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OPINION AND ORDER STAYING ACTION PENDING ARBITRATION On December 1, 1964, the plaintiff, a Pennsylvania corporation, and defendant, a corporation of the United Kingdom entered into an Agency Agreement, designated Exhibit A and attached to the complaint. In this Agreement the plaintiff contracted to act as the defendant’s sole agent within a geographic area of the United States for the sal...
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*1253 OPINION Plaintiffs filed this class action to enjoin the construction of a low rent housing project for the elderly in the 1700 block of North Croskey Street, Philadelphia, Pa. (herein referred to as “Project”) and for other relief. Plaintiffs are residents of the area in which the Project is to be constructed. The individual defendants are those federal officials of the Department of H...
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OPINION Larry Haekenburg, Defendant in three of these actions and Third-Party Defendant in the fourth, has moved for summary judgment in his favor in all four actions.1 All four actions arise from the same automobile accident. At least for purposes of deciding this motion for summary judgment, the four actions are properly considered together. It appears that on October 11, 1969, Plaintiffs Souci...
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ORDER TO SUPPRESS EVIDENCE Defendant Phifer in this ease is accused of violating three counts of criminal income tax evasion for the years 1965, 1966, and 1967 under 26 U.S.C. § 7201. Defendant has moved on various grounds to suppress certain evidence obtained from an interview between the defendant taxpayer and two special agents from the Internal Revenue Service (IRS) on March 21, 1968. To ...
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FINDINGS OF FACT AND ORDER Defendant was charged with a violation of 50 U.S.C. App. § 462(a), failure to submit to induction into the Armed Forces of the United States. Trial was to the Court without a jury. Briefs in support of and in opposition to a motion for acquittal have been received. The issue discussed by these briefs is whether a delay in excess of six months between the issuance of an o...
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MEMORANDUM OPINION This is an action for declaratory and injunctive relief brought by three antiwar groups and by an individual member of each group 1 against defendants, the Architect of the Capitol, the Chief of the United States Capitol Police, and the Sergeants-at-Arms of the House of Representatives and of the Senate. The complaint asserts that certain rulings and actions of the defendan...
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MEMORANDUM OPINION This case came before this Court on a Motion for Summary Judgment made by the plaintiff, Lehigh Portland Cement Company of Allentown, Pennsylvania. Plaintiff seeks to recover $25,000.00, plus interest and costs of collection, due and owing to it on a promissory note dated August 15, 1968, made by Daytona Motel Corporation and endorsed by Ervin W. Ornstein and William G. Libby, ...
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OPINION AND ORDER This case came before the Court as a result of a statutory appeal by the Wash*1063ington Gas Light Company (WGLCO), pursuant to 43 D.C.Code § 705 (1967), asking the Court to vacate an order of the Public Service Commission of the District of Columbia (PSC) which directed that WGLCO should file with the Commission a revision of its General Service Provisions providing that deposi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action in which plaintiffs seek to have themselves declared to be the highest bidders upon certain tracts of land sold by the Tennessee Valley Authority (TVA) at an auction sale in Hernando, Florida, on January 21, 1971. The cause came on to be tried before the Court without a jury on October 20, 21, 22 and 26, 1971. After completion of p...
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MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This cause having been heard on a motion of Plaintiff for summary judgment on Counts I through VI of the complaint pursuant to Rule 56, Federal Rules of Civil Procedure, and this Court having considered the verified pleadings, the interrogatories and answers to interrogatories, the depositions, the affidavits, the oral testimon...
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336 F.Supp. 153 (1971) Michael R. FONTHAM et al. v. John J. McKEITHEN, Governor of the State of Louisiana and Member of the Board of Voter Registration, et al. Civ. A. No. 71-2631. United States District Court, E. D. Louisiana, New Orleans Division. December 7, 1971. Michael R. Fontham, New Orleans, La., for plaintiffs. Weldon A. Cousins, Asst. Atty. Gen., State of Louisiana, New Orleans, La., fo...
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MEMORANDUM OPINION Plaintiffs’ decedents, Daniel T. Ryan, Terry Lee Casey, and Walter Robert Fairfull, all citizens and residents of the State of Montana, were traveling in a Ford automobile in Montana when they were involved in an accident which resulted in their deaths. Plaintiffs, the widows of the three men, brought a wrongful death action against the Ford Motor Company, manufacturer ...
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MEMORANDUM & ORDER This is an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671-2680, with recovery sought under the Minnesota Wrongful Death Statute, M.S.A. § 573.02. Trial was held to the court on October 28, 1971. FINDINGS OF FACT The testimony indicated that Earl Jones, an employee of the Forestry Department of the United States Bureau of Indian Affairs, on July ...
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MEMORANDUM AND ORDER I. This case pends on the separate post-trial motions of defendant Johnson and *984 defendant Hill. Both of these defendants were found guilty by a jury of both counts of a two-count indictment. Count I alleged violations of 18 U.S.C. § 371, and Count II alleged violations of 18 U.S. C. §§ 2, 2113(a), (d). Both defendants now seek orders setting asid...
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OPINION Dale Electronics, Inc., brought suit on March 8, 1971, against R. C. L. Electronics, Inc., on behalf of itself and as representative of others similarly situated claiming infringement of five patents. Dale alleged that R. C. L. was infringing all five patents and, in addition, named twelve other defendants as infringers of one or more of the five patents.1 *533On May 4, 1971, I ordered tha...
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Plaintiffs are persons who have been indicted for felonies but not yet tried because they have been found to be incompetent to stand trial and confined 1 to Matteawan State Hospital under the provisions of § 662-b of the New York Code of Criminal Procedure (CCP). They bring this civil rights class action to declare the statute and its successor, art. 730 of the Criminal Procedure Law (CPL), McK...
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In January, 1963, Lieutenant Colonel Joe R. Simpson, Jr. and Major William W. Gabriel of the United States Air Force arrived from Walker Air Force Base, New Mexico to instruct instructor crews for B-52 bombers at Westover Air Force Base, Massachusetts in “terrain avoidance procedures” through the use of “advance capability radar” or ACR, which was a relatively recent development at the time and...
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MEMORANDUM OPINION AND ORDER In this action grounded on negligence and breach of warranty plaintiff seeks damages for personal injuries allegedly sustained when the left front wheel ran off a Chevrolet step-van truck he was driving causing it to wreck. The truck, manufactured by defendant, had been purchased ten months before by plaintiff’s father from defendant’s authorized dealer. The case is be...
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OPINION These are personal injury actions in which the plaintiffs have founded the jurisdiction of this Court on the diversity of citizenship alleged to exist between the parties. The plaintiffs are alleged to be citizens of Pennsylvania, and the defendant, Paulsen-Webber Cordage Corporation, a citizen of New York. Paulsen-Webber contests the allegation of its citizenship, and, asserting that i...
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MEMORANDUM AND ORDER SUR MOTION TO COMPEL DEPOSITION ANSWERS In this antitrust suit, plaintiff, a gas station dealer, has alleged violations of Sections 1 and 2 of the Sherman Act by eleven defendant oil companies. Pursuant to an order of this court, a joint deposition of the plaintiff was taken, with plaintiff as well as each of the defendants being represented by counsel. One of the defendant...
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OPINION AND ORDER ALLOWING INTERVENTION We assigned for argument at the pretrial conference fixed in this case for December 2, 1971, a Motion by the Commonwealth of Pennsylvania to Intervene as a party-defendant. In view of our decision herein to allow intervention, we will vacate the order fixing pretrial conference and postpone the same to a date to be fixed later. The actions are suits by the h...
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MEMORANDUM AND ORDER This is an action purportedly between citizens of different states with the required jurisdictional amount present. 28 U.S.C. §§ 1332(a) (1), (c). The defendant Abingdon Motor Company (Abingdon) undertook to remove it from a state court. 28 U.S.C. § 1441(a). Its codefendant Ford Motor Company did not join in the removal. The defendant Abingdon filed a motion to dismiss the a...
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Memorandum Opinion and Order In this case Odell Karstetter sued I. S. Evans, individually and in his official capacity as Superintendent of the Burkburnett Independent School District, and the members of the Board of Trustees of the District, individually and in their official capacities. Plaintiff alleged that she had been employed by the School District as a school teacher for the past fi...
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OPINION AND TEMPORARY RESTRAINING ORDER Plaintiffs have moved for a preliminary injunction in the above entitled action to enjoin defendants from engaging in any and all further construction or development of the State Highway 16 construction project at or near Hartland, Wisconsin, to run from Oconomowoc to Pewaukee, Wisconsin, including any alteration of the natural habitat of said area;...
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ORDER In 1965, the petitioner was convicted in the State court of robbery and conspiracy to commit robbery. His conviction was affirmed upon the appeal. Lucero v. People, 161 Colo. 568, 423 P.2d 577. For the second time, he seeks his release by petition in this court for a writ of habeas corpus. The present petition sets forth four grounds which are: 1. The state court failed to accord the defenda...
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ORDER ON MOTION OF LOCALS NO. 1414 AND NO. 1475 TO VACATE RESTRAINING ORDER This is an action by the United States to enjoin the defendant Unions from continuing or engaging in a strike in the maritime industry of the United States. It is brought under 29 U.S.C.A. § 178 (Labor-Management Relations Act) upon the direction of the President following a report from a Board of Inquiry which found that ...
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Thomas A. Motto, Jr. had been employed in New Orleans by the General Services Administration for nine years when he was notified he was transferred to Fort Worth. Rather than accept the transfer, he resigned. He contends that his transfer was an adverse action, and that he was entitled to notice and -a hearing. His transfer without a hearing, he contends, forced him out of government service, and...
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In this suit for reapportionment of the Tangipahoa Parish School Board, *919the only remaining issue is whether any of the four plans submitted by the Board in successive efforts to maintain its present large number of members, without accepting one-representative districts, satisfies constitutional requirements. For it was long ago virtually conceded, and then decided, that the prior method of el...
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MEMORANDUM and ORDER The defendant, franchisor, moves for an order to engage in contract negotia*51tions, requested by franchisees, encompassing the subject matter of this action, provided that counsel for each franchisee shall be present, during all discussions, and counsel for plaintiff be given advance notice of such negotiations. Prior to this motion, plaintiff, by order to show cause, moved f...
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MEMORANDUM AND ORDER One of the defendants herein, the United States of America, having been sued under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2671-2680, has moved for summary judgment on the grounds the action is barred by the applicable statute of limitations, 28 U.S.C. § 2401(b) or, pursuant to the same section, that the amount claimed in the complaint be reduced to $2,500.00, th...
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OPINION CARL B. RUBIN, District Judge. Plaintiff, George Peto, Jr., d/b/a Loop Carry Out, seeks a declaration that Section 4301.03(B), Ohio Revised Code, and Regulation LCC-1-52 promulgated thereunder are unconstitutional when employed to confiscate allegedly obscene materials located on plaintiff’s premises which are licensed by defendant Department. The jurisdiction of this Court was prop...
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MEMORANDUM OPINION On an agreed statement of facts and cross-motions for summary judgment, the court has for decision a segregated question whether the rates of interest charged certain borrowers by the defendant bank are usurious under 12 U. S.C. § 86. The National Banking Act incorporates the maximum-interest law of the state or territory where a national bank does business. 12 U.S.C. §...
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MEMORANDUM OPINION This is an action for damages under 42 U.S.C. §§ 1983 and 1985. At the time of the events complained of, the plaintiff was incarcerated in the State Correctional Institution, Pittsburgh, Pennsylvania, and the defendant was the Superintendent of the Institution. The constitutional rights of which the plaintiff asserts a deprivation are (1) that to be protected from cruel and unu...
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OPINION AND ORDER I. Preliminary Statement In this suit under § 16(2) of the Interstate Commerce Act, 49 U.S.C. § 1 et seq. (Act), Plaintiff, Samuel Mandell Co. (Mandell), a shipper of produce, seeks to compel the payment of a reparations award by the Interstate Commerce Commission (ICC) against defendant rail carriers (Carriers) arising out of an alleged overcharge. Trial was had before the Cour...
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OPINION AND ORDER The Trustees in reorganization for the Penn Central Transportation Company (herein referred to as “Transportation Co.”) have moved to intervene as of right as parties-plaintiff pursuant to F.R.Civ. P. 24(a) (2) and to be given exclusive control of thirteen (13) suits 1 which are part of the Penn Central Securities Litigation, M.D.L. Docket No. 56. The Penn Cen...
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On August 26, 1971, the plaintiff instituted this suit, by filing his complaint in this alleged class action on behalf of the residents and taxpayers of Edgefield County, South Carolina, against the Edgefield County Water and Sewer Authority and others. The United States Army Corps of Engineers, United States Department of Housing and Urban Development and United States Department of Commerce h...
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MEMORANDUM AND ORDER Petitioner, Anthony Martin Zilka, is a prisoner in state custody, pursuant to judgment and sentence of the 47th Judicial District Court of Randall County, Texas, in Cause No. 1479, styled State of Texas v. Anthony Martin Zilka. Petitioner was convicted by a jury upon his plea of not guilty to an indictment charging him with the felony offense of rape and on June 10, 1964, h...
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342 F. Supp. 24 (1971) UNITED STATES of America v. STATE OF TEXAS et al. Civ. A. No. 5281. United States District Court, E. D. Texas, Tyler Division. December 6, 1971. Roby Hadden, U. S. Atty., Tyler, Tex., Brian K. Lansberg, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff. Grant Cook, Houston, Tex., James McCoy, Asst. Atty. Gen., Austin, Tex., for defendants. J. B. Ochoa, J...
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Plaintiffs filed this action to compel the Secretary of Agriculture (Secretary) to allow concurrent operation of the Commodity Distribution Program with the Food Stamp Program in King, Pierce and Snohomish Counties in the State of Washington. Plaintiffs allege that, although they qualify for food stamps, their incomes are so low that' they cannot afford them. 1 2 This matter came before the C...
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OPINION AND ORDER This is a civil action for the enforcement of an arbitration award. Defendant Helgesteel Corporation has moved for summary judgment upon the following grounds: that plaintiff has failed to join as defendant Iron Workers Local 498, a necessary party to this action; that the arbitration proceeding which forms the basis for this action was legally defective because the comp...
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MEMORANDUM AND ORDER Defendants move for summary judgment under Rule 56, F.R.Civ.P., on the ground that plaintiff is not the real party in interest. [Rule 17(a), F.R.Civ.P.] Defendants contend that plaintiff’s only right to maintain this action is derived from an assignment which was illegal and void under Michigan Law and under Section 275 of the New York Penal Law, McKinney’s Consol.Laws, c. 40...
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OPINION AND ORDER DETERMINING DAMAGES On May 18, 1971, 327 F.Supp. 155, this court filed its MEMORANDUM OF DECISION RE LIABILITY, finding for plaintiff, but concluding that any damage recovery would have to be reduced by 50% because of plaintiff’s contributory negligence. The court reserved decision on the nature and measure of *1221 damages, and the parties were directed to ...
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*1273OPINION Joseph M. Donlon has moved to suppress evidence used in obtaining an indictment against him for violating and conspiring to violate Delaware and Federal Statutes regulating gambling activities.1 The evidence is based upon two distinct sources. The first source is a wiretap of the phone used by Henry P. Gibbons, and the second source is a search of Donlon’s home at 1 Eberly Drive, Cha...
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OPINION The United States of America (Government) commenced this suit in eminent domain to condemn 1,629.6 acres of land in Sussex County. The initial complaint named as defendant The Island Farm, Inc. (Island Farm), and was subsequently amended to include as an additional defendant Jennie H. J. Lay-ton (Layton). Since the Government has possession of the land, the remaining consider...
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MEMORANDUM OPINION Motion For Summary Judgment On January 6, 1971, the Plaintiff, Aurelio M. Javier, who is a Philippine citizen, entered this country as a non-immigrant for pleasure. Plaintiff was entitled to remain in the United States up to and including March 1, 1971, with such status. On or about March 4, 1971, Plaintiff submitted a visa petition with supporting documents which ...
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Memorandum Opinion and Order In a third amended complaint Walter J. Hare and Elizabeth F. Hare have sued Family Publications Service, Inc. (FPS), Time, Incorporated (Time), William J. Conway (Conway), John W. Watters (Watters), Samuel B. Ananian (Anani *955 an), and Robert G. Kingston (Kingston) in one count on what appear to be at least three causes of action. The first a...
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MEMORANDUM DECISION This action is presently before the Court on a motion by the third party defendant Statistical Tabulating Corporation (hereinafter referred to as S.T.C.) to quash the service of process made upon it by the defendant Marshall and *1281 Stevens Company. The matter was argued to the Court on September 27, 1971. Plaintiff is a Minnesota corporation with i...
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Rodolfo Garcia Roque, a 31 year old native and national of the Republic of the Philippines, filed his petition for naturalization on July 13, 1971, under Section 329(a) of the Immigration and Nationality Act (8 U.S.C. § 1440). The question presented is whether the extension of petitioner’s enlistment in the United States Navy at Oak Harbor, Washington on September 10, 1965 satisfies the statutory ...
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*812 MEMORANDUM OPINION In this diversity action, the plaintiffs are Cook Industries, Inc., suing on behalf of its corporate subsidiary, Riverside Industries (Riverside), a business entity engaged in processing cotton and bean seed, refining vegetable oil, and manufacturing agricultural chemicals, and the City of Marks, Mississippi (Marks), and the defendants are two sisters, Bev...
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OPINION AND ORDERS Petitioner in this Civil Rights action is being held in a New Hampshire State Prison pending trial on a charge of first degree murder of a guard at the Rockingham County Jail. He was at the Rockingham County Jail awaiting trial on a firearms charge and, after the alleged murder, was transferred to the New Hampshire State Prison in Concord for security reasons. Plaintiff’s p...
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OPINION This is a private antitrust action alleging violation of Section 1 of the *1239 Sherman Act, 15 U.S.C. § 1, and seeking treble damages and injunctive relief. Jurisdiction is based on Section 4 of the Clayton Act, 15 U.S.C. § 15 and 28 U.S. C. § 1337. Plaintiff, Carswell Trucks, Inc. (Car-swell), a New York corporation, is engaged in the business of selling trucks...
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MEMORANDUM This is a civil action arising under the trade mark laws of the United States for infringement of a trade mark registered in the United States Patent Office, and for unfair competition. Jurisdiction is conferred on this Court by Title 28 U.S.C. § 1338 (1970) and Title 15 U.S.C. § 1114 (1970). Defendant, a New Jersey corporation, moves to dismiss the action for improper ven...
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OPINION AND ORDER Petitioner brings this action for a writ of habeas corpus. Petitioner, a resident of Franklin County, Ohio, is presently incarcerated in the City of Columbus Workhouse, Men’s Division, 2460 Jackson Pike, Columbus, Ohio. Petitioner was a member of the Reserves of the United States Army and was assigned to the 758th Light Maintenance Company, Fort Hayes, Columbus, Ohio. On O...
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OPINION Plaintiffs seek to enjoin the completion of exit ramps from the West Fremont interchange of Interstate Highway *991 405 (1-405) and to compel location hearings, design hearings, and compliance with Section 102(2) (C) of the National Environmental Policy Act of 1969, 42 U.S.C. § 4332(2) (C), for 1-405 and Interstate Highway 505 (1-505) in Northwest Portland. The first public hearing ...
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MEMORANDUM AND ORDER Before the Court is defendant’s motion for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, on the ground that there is no genuine issue as to any material fact and that it is entitled to a judgment as a matter of law. This action was precipitated by defendant’s terminating plaintiff’s employment as an engineer. In March of 1967 plaintiff res...
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OPINION AND ORDER Defendant is charged in a twelve count indictment with using the mails to send certain unsolicited “obscene, lewd, lascivious and filthy” commercial advertisements, in violation of 18 U.S.C. § 1461. Defendant has moved to dismiss the indictment on the ground that the materials referred to therein are not obscene, and that the application of the Postal Obscenity Law to th...
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OPINION AND ORDER The defendant, Mohammed Ateek Khan, was tried before the Court on a waiver of jury trial. The charge is set forth in a one count indictment under 50 U.S.C. App. §§ 454 and 462 — failing to perform a duty required by the Selective Service Act in refusing to submit to induetion. The court finds the defendant not guilty for the reasons summarized below. FINDINGS OF FACT The followi...
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OPINION This matter came before me, by non-jury trial, in an action for breach of contract. The record discloses and I find that the plaintiff, The Wurlitzer Company (Wurlitzer) is a Delaware Corporation having its principal place of business in DeKalb, Illinois; that the defendant, Frank A. Oliver (Oliver) is a citizen of the Commonwealth of Pennsylvania and a resident of Allegheny Count...
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OPINION Plaintiffs, Richard S. Robinson and Florence H. Robinson, his wife, are owners of common stock of defendant Penn Central Company. They bring this action on their own behalf, and as representatives of a class as defined by F.R.Civ.P. 23. The class consists of all holders of the common stock of defendant company on October 21, 1971, the date of record for voting at the 1971 annual m...
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MEMORANDUM ORDER Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights *283in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caus...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT The present case came before this Court for trial before á jury on November 9, 1971, defendant’s motion for summary judgment having previously been denied without prejudice by another judge of this District Court. In studying the record prior to trial and observing that the motion for summary judgment would be renewed, the Court carefully researc...
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ORDER In these actions plaintiffs sue to recover income taxes paid under protest following disallowance of deductions in connection with an Employees’ Profit Share and Retirement Trust. The Commissioner ruled that the Trust had engaged in a prohibited transaction during the fiscal year 1958-1959 and that it thereby lost its status as an exempt organization.1 The transaction concerned was the alleg...
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On November 3, 1971 a Grand Jury subpoena was served on the witness, Yvonne Johnpoll, for her appearance on November 5, the return date being subsequently adjourned. The witness moves to quash the subpoena. The motion is supported only by an affidavit of her counsel, Charles Sutton, Esq. In the affidavit Mr. Sutton recites that an FBI agent had requested the petitioner to come to the office of the...
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MEMORANDUM AND ORDER In this action under 42 U.S.C. § 1983, plaintiffs sue for monetary damages and injunctive and declaratory relief, complaining of alleged violation of their civil rights under color of New York State’s Penal Law, McKinney’s Consol. Laws, c. 40. Their complaint alleges that defendants Hall and Bruns, police officers of Suffolk County, New York, arrested them on August 6, 1971 at...
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OPINION This matter is before the Court on Defendants’ Motion for summary judgment against four plaintiffs 1 2 in this private antitrust action to obtain injunctive relief and recover treble damages for alleged violations of the Sherman and Clayton Acts. 8 A summary judgment may be rendered only if the record, which, for this purpose, consists of the pleadin...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On August 6, 1971, plaintiff filed its complaint essentially seeking to compel the General Counsel of the Board to issue an unfair labor practice complaint based on a charge filed with the Regional Director. Defendant moved to dismiss the complaint on the grounds that (1) this Court lacks jurisdiction over the subject matter of the action, and (2) the compl...
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MEMORANDUM OPINION This case came before the Court on November 4, 1971, on the defendant’s Motion to Suppress Evidence. Upon the consideration of all the evidence and testimony adduced at the hearing, the supplemental memoranda from both counsel, and the arguments of counsel for the Government and the defendant, the Court concludes that the Motion to Suppress Evidence be and hereby is denied for t...
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ORDER This is a case involving such stalwarts of Bacchanalian lore as Mogen David, Paul Masson, Gallo, Lancer’s, Taylor, King, Italian Swiss Colony, and more. Both plaintiff and defendant are distributors of wine. Plaintiff’s complaint states a claim for relief under Section 2 of the Sherman Anti-Trust Act. 1 Defendant asserts that there are no material factual issues remaini...
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ORDER This is a civil action arising from an allegedly defamatory and false publication by defendant, a mercantile agency, in regard to plaintiff, a general contractor. For the alleged libel, plaintiff seeks general damages, punitive damages and attorneys’ fees. The case has been submitted to the court on motions for summary judgment by both plaintiff and defendant and on plaintiff’s moti...
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ORDER Plaintiff in this Title VII case alleges that defendants have maintained an employment practice which violates the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (1970). More specifically, she says that defendants have denied her an annuity benefit on the basis of provisions in their pension plan which discriminate against her spouse and male employees as a class because of their ...
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Abraham R. Derryberry, Jr. brought this action against the defendant, Dr. Bernard C. Hollier, Jr., seeking to recover damages for injuries suffered as a result of the allegedly negligent performance of an operation for correction of the condition known as tic douloureux. The operation was performed on March 15, 1967. Suit was filed almost two years later on February 17, 1969. Defendant has filed a...
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To one not overly familiar with the mysteries of patent law, the trial of a patent infringement suit must be a baffling ritual indeed. More often than not, the evidence — testimonial, documentary, and demonstrative — is so voluminous • that it could fill a bottomless pit. Indeed, this Court has frequently, in a *371 jocular vein, accused patent counsel of throwing everything into a...
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MEMORANDUM & ORDER Before HEANEY, Circuit Judge, NORDBYE, Senior District Judge, and DEVITT, Chief District Judge. This is an action brought by six western railroads to enjoin, suspend, annul, and set aside an order of the Interstate Commerce Commission dated August 25, 1971, entered in its Investigation and Suspension Docket, Number 8508, titled *653Increased Waterborne Charge, North Atlantic, P...
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MEMORANDUM This matter comes before the Court on the motion to dismiss of the defendant, Commonwealth Electric Company (hereafter Commonwealth), [Filing #23]. Commonwealth seeks to dismiss the third party complaint filed by the other defendant in the main action, Clark Equipment Company (hereafter Clark). Clark, in its third party complaint, seeks judgment against Commonwealth for any sum...
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MEMORANDUM Petitioner AAACon Auto Transport, Inc., seeks an Order to compel arbitration of a controversy with respondents Teafatiller. The relief has been sought by petition to compel arbitration, pursuant to Title 9 U.S.C. § 4, which was served by mail, together with a “notice of motion to compel arbitration”, on respondents who reside in California. The notice of motion herein, served b...
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This is a motion to dismiss the action pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure on the ground that the complaint fails to state a claim upon which relief can be granted ; or, in the alternative, to require the plaintiffs pursuant to Fed.R.Civ.P. 12(e) to file a more definite statement. The complaint contains six “causes of action.” There is no diversity of citizen...
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MEMORANDUM Plaintiffs in each of the two above entitled consolidated actions have moved pursuant to Civil Rule llA(e) for a determination under Rule 23(c) (1) of the F.R.C.P. as to whether the action herein is to be maintained as a class action and if so, the membership of the class. For the reasons hereinafter set forth, the Court is of the opinion that the action may be maintained as a class act...
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This is a motion to dismiss and for summary judgment pursuant to Rules 12(b) (6) and 56(b) of the Federal Rules of Civil Procedure. The following facts are undisputed: The principal debtor, Commemorative Publications, Inc. (“Commemorative”) contracted with The Curtis Publishing Company (“Curtis”) on November 18, 1965 for the printing of a book to record the visit of Pope Paul VI to New York City i...
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MEMORANDUM AND ORDER Defendant was indicted for violating 50 App. U.S.C. § 462 by failing to report for induction into the Armed Forces. Before the Court is defendant’s motion to dismiss the indictment on the ground of unnecessary and unreasonable delay. As a result of the delay, which totaled approximately thirty-three months, defendant contends he was denied (1) a speedy trial under the Sixth...
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OPINION This matter came on for trial to the court. The plaintiff in this action, Jerome N. Fluck, is a resident of Cleveland, Ohio. The defendant, Norfolk and Western Railway Company, is a carrier engaged in interstate commerce, and employed the plaintiff as a yard foreman for twenty-eight years. Jurisdiction in this court arises by virtue of the Federal Employers’ Liability Act, 45 U.S.C. § 51....
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MEMORANDUM AND ORDER This action arises out of defendant’s failure to pay plaintiff, Allied Chemical, for certain amounts of chemical propellants. Defendant used these propellants to produce aerosol paints, which were, in turn, sold to the United States Government under several government contracts. Upon determining that the paint did not meet government specifications, the government rejected la...
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OPINION AND ORDER This is an application, pursuant to Title 28 U.S.C. § 2241, for writ of habeas corpus. On March 8, 1968, petitioner was convicted in the Wisconsin Circuit Court for Milwaukee County of third degree murder, Wis.Stats. § 940.03. Three days later he was sentenced to an indeterminate term of not more than twenty-five years. He is presently incarcerated pursuant to that conviction and...
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OPINION AND ORDER On November 12, 1971, plaintiffs began these actions in the State of Wisconsin Circuit Court, Douglas County, by serving upon defendants summonses and complaints which charged defendants with illegally interfering with plaintiffs’ business operations. The complaint sought injunctive relief. On November 13,1971, the Douglas County Circuit Court entered an order to show ca...
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DECISION and ORDER This is a tax refund suit brought by taxpayers Norman J. Fischer and Mary P. Fischer, his wife, for the recovery of income taxes allegedly overpaid for the year 1967. Mary P. Fischer is a plaintiff in this action because of her filing a joint return with her husband. The following facts have been stipulated by the parties: 1. At all times pertinent herein, taxpayer was th...
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MEMORANDUM OPINION This is a civil action seeking the recovery of estate taxes assessed by the Internal Revenue in the amount of $23,491.77. Plaintiffs are the duly appointed executors of the estate of J. A. Grant, Jr., deceased, and are residents of the Middle District of Alabama. The existence of all necessary jurisdictional facts is admitted by the parties. By agreement by and between the parti...
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MEMORANDUM OPINION This interpleader action was brought by The Minnesota Mutual Life Insurance Company, plaintiff herein, for determination of the claims of Betty Jean Sullivant and Alida Sullivant, defendants, in the proceeds of a policy of life insurance on the life of Robert N. Sullivant, deceased. The plaintiff is a corporation organized and existing under and by virtue of the laws of the Stat...
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MEMORANDUM OPINION AND ORDER This matter came on for consideration of a motion by defendant Peiner Machinen Und Schraubenverke to quash service of process. The controversy arises out of the collapse in the District of Columbia of a construction crane manufactured by Peiner, a German corporation; service was made on defendant Peiner by registered mail in March, 1971, under the provisions o...
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OPINION AND JUDGMENT Andrew J. Herhal (“Herhal”), a State prisoner, has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was permitted to proceed in forma pauperis. In October 1966 Herhal was first convicted in the Delaware Superior Court by a jury of first degree murder of Sally Deputy. The Delaware Supreme Court in May, 1968 reversed his co...
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MEMORANDUM OPINION Captioned causes are within the admiralty and maritime jurisdiction of this Court. Although separately filed, they were consolidated for trial. After receiving and carefully considering all of the evidence adduced in the consolidated trial, the Court enters this memorandum opinion in lieu of particular Findings of Fact and Conclusions of Law, as required by Rule 52 of t...
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MEMORANDUM OPINION This is an action for damages arising out of an accident which occurred at a construction project in Burns Harbor, Indiana, when the plaintiff, Gerald A. Hale, fell from a platform upon which he was working and sustained serious injuries. Although a citizen of Indiana, plaintiff filed his complaint in the Circuit Court of Cook County, Illinois, against a number of defendants, o...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT This case is before the Court upon the motions of both parties for summary judgment under Rule 56(e), Federal Rules of Civil Procedure, the parties having submitted a “Stipulation for Agreed Statement of Facts”. Jurisdiction of the Court is based on the provisions of Title 28, United States Code, Section 1346(a) (1) and 2402 as amended (28 U.S.C...
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SUPPLEMENTAL OPINION This memorandum opinion supplements the remarks made by the court in granting defendant’s motion for a directed verdict at the close of plaintiffs’ case. As the court indicated in open court, the sole issue is whether plaintiff taxpayers, Lawrence J. and Mary L. Plym, 1 were entitled to take as a deduction under 212 of the Internal Revenue Code of 1954, the...
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MEMORANDUM This matter is before the Court on plaintiff’s motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. Plaintiff seeks to foreclose its lien on certain designated securities owned by and in the possession of the defendant, and also seeks a judgment for taxes due. The defendant opposes the motion for summary judgment, asserting that certain facts are in dispute...
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The plaintiff, Gerald Billings, has commenced a suit pursuant to 42 U.S. C.A. § 405(g), which provides for judicial review in the federal district court of decisions made by the Secretary of Health, Education and Welfare under the Social Security Act. The procedural history documents the plaintiff’s unsuccessful attempt to secure benefits under the Social Security Act through preliminary administr...
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MEMORANDUM and ORDER Defendant has moved for summary judgment in this action brought by a taxpayer to recover federal income tax paid for the year 1960, which plaintiff claims was erroneously and illegally assessed and collected. At issue is the validity of the imposition of tax on back pay, which plaintiff collected from his employer. Plaintiff received an award for back pay in the amount of $...
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This is the second pro se petition pursuant to section 2255 of Title 28, United States Code, to vacate petitioner’s judgment of conviction for a narcotics violation. 1 He was tried to a jury before Judge Thomas F. Murphy, and following conviction was sentenced to a term of eight years imprisonment. ' The judgment of conviction was affirmed without opinion on December 10, 1970, and ce...
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This is a petition to compel arbitration brought by Joseph Muller Corporation Zurich, Switzerland, pursuant to 9 U.S.C. § 4. Petitioner seeks an order compelling respondent to submit to arbitration in accordance with a purported written arbitration provision agreed to by both parties and enforceable under 9 U.S.C. § 2. The jurisdiction of this Court, which requires an independent basis for juri...
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OPINION This pro se action under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., arises out of the renewal of plaintiff Bernard’s loan of $450 from defendant Richter’s Jewelry Co., Inc. (Richter), secured by certain jewelry. Bernard alleges that the collateral security note and loan agreement renewing the loan did not set forth on its face certain terms of the loan as required by the Act and ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter is before the Court for a determination of the proportion of the total agreed just compensation for a tract of condemned land situate in Centre County owing to Thomas Gates, the holder of a tax title declared invalid by this Court on May 5, 1971. Gates claims reimbursement for taxes paid and improvements made on the land. A full recital ...
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OPINION AND ORDER Plaintiff has moved for a new trial on the issue of damages. Plaintiff is the Trustee in Bankruptcy of the estate of Taylor’s Potato Chip Company, Inc. (Taylor’s). On August 23, 1963 Taylor’s entered into a contract with defendant M. P. Clark, Inc. (Clark) whereby Clark would sell Taylor’s a quantity of chipping potatoes. The contract covered the period from May 1, 1964 to Apr...
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MEMORANDUM DECISION AND JUDGMENT On the 29th day of November, 1971, upon due notice, this action came on for hearing before the Court. *556 Plaintiff, Marilyn Cochran, alleging that jurisdiction exists under 28 U.S.C. §§ 1343(3) and 1343(4) and under 28 U.S.C. § 1331, brings this action for redress of alleged deprivation of rights protected by 42 U.S.C. § 1983 and by the Constitution of the...
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MEMORANDUM OPINION AND ORDER This is an action brought by the government under the provisions of the current wage/priee/rent freeze to enjoin defendant from raising its rents. The defendant corporation owns and operates an apartment complex at 223 Indiana Avenue in Lubbock, Texas, consisting of 204 rental units. One hundred sixty-eight are one-bedroom apartments, 30 are two-bedroom a...
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MEMORANDUM AND ORDER This suit is brought by plaintiff for service mark and trademark infringement and for unfair competition. Defendant has counterclaimed for cancellation of plaintiff’s registration of his mark “The Hole-In-One Club”, alleging that such registration was unlawfully granted, in that the combination of words so registered are merely descriptive and are not susceptible to registr...
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DECISION AND ORDER The defendant has filed a motion for a more definite statement, pursuant to Rule 12(e), Federal Rules of Civil Procedure, in each of the above-entitled cases. In particular, the defendant seeks “a concise statement of the evidentiary facts” upon which the plaintiffs base their claims that the defendant has vio*86lated certain provisions of the Sherman and Clayton Antitrust Acts;...
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*341 OPINION In this action American Electronic Laboratories, Inc. (“AEL”), a Pennsylvania corporation that maintains its principal place of business in Lansdale, Pennsylvania, seeks to recover damages in the sum of $1,510,950 from Paul S. Dopp (“Dopp”) for breach of contract. The complaint alleges that Dopp failed to perform a contract, dated February 20, 1970 (the “AEL-Dopp con...
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FINAL JUDGMENT The defendant, William Riggs Thompson, was tried before the Court, sitting without a jury, on a one count indictment charging him with refusing to submit to induction into the armed forces in violation of Title 50, United States Code, Appendix, Section 462. It has been stipulated that the selective service record in toto should be examined and reviewed by the Court. It *797has also ...
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MEMORANDUM AND ORDER This is a jury-waived Jehovah Witness conscientious objector Selective Service case. It is submitted on the stipulation of the parties which establishes that the defendant did not report for induction after receipt of an order which, if valid, required that he do so. The only other relevant evidence before the Court is defendant’s Selective Service file. The government in...
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MEMORANDUM This matter comes before the Court on the motion of defendant for an order dismissing this criminal action against her on the ground, among others, that the federal government is without jurisdiction over her for the offenses charged. This memorandum considers only the jurisdictional issue raised by defendant’s motion and reserves ruling upon the remainder of her motion until additio...
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RULING ON PLAINTIFF’S APPLICATION FOR AN ORDER TO COMPEL DISCOVERY This case involves an automobile accident in which the driver of the defendant’s car was an agent and employee of the defendant insurance company, and on company business at the time of the accident. The original discovery request asked for: 1. All photographs and/or motion pictures taken by you or on your behalf of: the accident ...
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OPINION The defendants, indicted for violation of section 1955 of Title 18, United States Code (illegal gambling business), and of the conspiracy statute, section 371 of Title 18, United States Code, move to suppress all evidence derived as a result of a wiretap order issued on May 11, 1971, by a Judge of this Court, under the relevant provisions of Title III of the Omnibus Crime Control and Safe ...
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These are four consolidated motions by defendant Ecological Science Corporation to transfer venue of the cases to the Southern District of Florida pursuant to 28 U.S.C. § 1404(a). The four suits are part of a group of individual actions brought against the same defendants and alleging substantially the same claims.1 Each of the complaints alleges that defendants engaged in a course of conduct to p...
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OPINION These proceedings challenge the constitutionality of the filing fees required by the Bankruptcy Act. Petitioner, moving under Section 39(c) of the Bankruptcy Act, 11 U.S.C. § 67(c), seeks review of a referee’s refusal to allow her to file a voluntary petition of bankruptcy without paying a $50.00 filing fee. Because the petition attacks the constitutionality of the statute which deman...
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MEMORANDUM AND ORDER We have before us defendant Jack Greenberg’s motion for return of property and suppression of evidence made pursuant to Rule 41 of the Federal Rules of Criminal Procedure. 1 *366 At the time of the events complained of, defendant was engaged in the operation of the Eastgate Pharmacy in Monroeville, Pennsylvania. On June 1, 1971, Jack Rowe, an agent with the Bureau of ...
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*1357 MEMORANDUM OPINION On January 30, 1970, plaintiff, David L. Alonso, filed a complaint against Kaiser Aluminum & Chemical Corporation seeking damages for the alleged willful and malicious accusations and conduct of Kaiser Aluminum & Chemical Corporation, by and through its agents, servants and employees, causing plaintiff to lose his position of employment with the defendant...
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TEMPORARY RESTRAINING ORDER (sitting by designation). The United States brings this action against defendant unions and employers, *505 pursuant to Section 208 of the Labor Management Relations Act of 1947, 29 U.S.C. § 178, seeking to enjoin continuation of a strike in the maritime industry-in Maine as part of a general effort to suspend strikes in the Atlantic and Gulf ports. The immediate...
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OPINION AND ORDER The defendant Taggart stands charged with possession of one gram of cocaine hydrochloride in violation of 21 U.S.C. § 884(a). The cocaine was found in the possession of the defendant when he was searched at the police station two hours after his arrest and was thereupon seized for use as evidence in the impending trial. No warrant had been issued either for the search or the arre...
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Defendant was charged on September 29, 1971 in a two-count indictment respectively with importation and possession of marijuana in violation of 21 U. S.C. §§ 952(a) and 841(a) (1). The only evidence adduced at a pretrial suppression hearing brought under Rule 41(e) of the Federal Rules of Criminal Procedure was the testimony of defendant himself, and the offer by the government of certain letters ...
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MEMORANDUM AND ORDER This is an action brought by four teachers against the Board of St. Paul Independent School District 625 and individual members of this board. Jurisdiction is sought under the Civil Rights Act, 42 U.S.C. § 1983 and its counterpart, 28 U.S.C. §§ 1343(3) & (4). Plaintiffs have asked that a three-judge court be convened pursuant to 28 U.S.C. §§ 2281 & 2284, that the case be adva...
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MEMORANDUM ORDER THE STATUTE Chapter 565 Minn.Stats., the claim and delivery statute, provides that any person who has instituted an action for the recovery of personal property may obtain immediate possession of it at the time of issuing of the summons or at any time before answer. All that is necessary for a replevin action plaintiff to secure such personalty is for him to present the sheriff w...
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DECISION Petitioner, Yik Shuen Eng, born on December 3, 1967, at Toyshan, Kwangtung, China, came to the United States at the age of ten on June 15, 1948. He entered as a citizen under the name of Den Ark Walk on a fraudulent representation directed by his father that he was the son of one Hen Fong Walk, a citizen of the United States. In actuality, petitioner is the son of Ping Goon Eng. By this ...
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MEMORANDUM Petitioner Rolf Richard Schroers seeks naturalization under Section 316(a) of the Immigration & Nationality Act, 8 U.S.C. § 1427 (1971) (hereinafter referred to as the “Act”). The only question raised by his petition is whether he has established good moral character during the five-year period required by law, that is, since June 4, 1964. The designated naturalization examiner...
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*963 OPINION This is a criminal case charging income tax evasion and the filing of perjurious tax returns. A jury returned guilty verdicts against all three defendants on January 14, 1971. Post-trial hearings were held on March 24 through March 27, 1971, on a motion of defendants seeking to void the prosecution on the ground that the government’s proceedings and proof were tainte...
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MEMORANDUM OPINION AND ORDER Plaintiffs in the above cases filed their respective complaints against the City of Amarillo, its mayor, its city manager and the members of its city commission, alleging causes of action under Title 42, U.S.Code, §§ 1983 and 1985. They each complain that defendants acting under color of certain city ordinances, known as Chapter 5, §§ 5-5, 5-6, 5-7, 5-8, and 5-9, de...
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MEMORANDUM AND ORDER Following rejection of his application for employment and exhaustion of his administrative remedies, plaintiff Alfred Ochoa brought this suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., against Monsanto Company (hereafter Monsanto) seeking relief individually and on behalf of Mexican-Americans as a class from the defendant’s alleged dis...
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DECISION The plaintiff Eleanore Neddo alleges that certain of her civil rights were violated by the defendants’ practice of rejecting applications for public housing without “a constitutionally adequate opportunity for review,” when the records *1399 of the housing authority show that the applicant owes rent from a previous occupancy of public housing. Mrs. Neddo seeks both injunctive and dec...
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MEMORANDUM OPINION This is a criminal case in which the defendant Roscoe Cook was charged with possessing, uttering and publishing a stolen and forged Social Security check. The defendant, having waived a jury, was tried by the Court on October 28, 1971. At the trial, two of the government’s witnesses, Mr. K. Krikor and Mr. F. B. Hollis, made in-court identifications of the defendant. Mr. Kri...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner is presently on active duty in the United States Air Force on a four-year enlistment which commenced April 11, 1969. On October 15, 1971, he filed a petition for Writ of Habeas Corpus to effect his discharge from the Air Force on the grounds he is a conscientious objector. This Court has jurisdiction under the provisions of...
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DECISION AND ORDER In this suit plaintiff, Caterpillar Tractor Co., a California corporation, having its principal place of business in Peoria, Illinois, seeks a refund of $100,959.32, plus interest, from payments made to defendant, The Atchison, Topeka and *886Santa Fe Railway Company, for shipments of tractors and tractor parts shipped via defendant’s line. The sole issue in dispute is whether ...
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MEMORANDUM, ORDER AND JUDGMENT This is an action for libel brought by plaintiff, Gordon Novel, against defendants, Jim Garrison and HMH Publishing Company. At all times relevant to this case, Garrison was the District Attorney for the Parish of Orleans, Louisiana. HMH Publishing Co. is publisher of a widely circulated magazine known as “Playboy”. The alleged libel occurred in an article w...
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OPINION The Cross Company, plaintiff, of Fraser, Michigan (hereinafter referred to as Cross) brings this patent-infringement action against Buhr Machine Tool Corporation, of Ann Arbor, Michigan (hereinafter referred to as Buhr). The action is brought pursuant to the patent laws of the United States, and the court has jurisdiction. Cross is the owner *1361of United States Letters Patent No. 2,672,...
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MEMORANDUM and ORDER While attempting to board an Eastern Airlines flight leaving LaGuardia Airport for Georgia on November 28, 1970, the defendant was placed under arrest by a Deputy United States Marshal after a frisk of the defendant revealed approximately 40 grams of heroin in his possession. By a single count indictment filed in this court on June 8, 1971, the defendant is charged wi...
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DECISION The plaintiff, Civil Aeronautics Board (“CAB”), is seeking injunctive relief restraining the defendants, certain travel agencies and certain named individuals associated therewith, from engaging in certain business practices alleged to be violative of the Federal Aviation Program. The defendants move for various types of relief, including dismissal of the complaint. The comp...
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ORDER This cause is submitted upon the motion of the defendant, The First National Bank of Montgomery, for summary judgment. Plaintiffs assert that various factual matters remain in controversy, including such questions as the criteria for the extension of credit, the use of credit cards and the manner in which interest is computed. Inasmuch as the plaintiffs have accepted defendant’s com...
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MEMORANDUM OPINION AND ORDER ON PRETRIAL MOTIONS The defendants and moving parties were originally indicted by the Grand Jury on May 12, 1971. This indictment was in two counts, charging in Count 1 a conspiracy to conceal, transport and possess marijuana with the intent to distribute it, and in Count 2 the use of a communications facility in facilitating the commission of and attempting a...
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MEMORANDUM OF DECISION On February 24, 1966, petitioner, William A. A. Tahl, was sentenced to death by the Superior Court of California, in and for the County of San Diego, subsequent to his pleas of guilty to two counts of murder in the first degree, one count of attempted armed robbery, one count of rape, and one count of grand theft auto. Pursuant to 28 U.S.C. § 2254, petitioner now seeks to...
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PARTIAL SUMMARY JUDGMENT Before the court is a motion for partial summary judgment. The suit was filed under 28 U.S.C.A. § 1361 to compel the Secretary of the Interior and lower level officials of the Department of the Interior to enforce the residency requirement of Section 5 of the Reclamamation Act of June 17, 1902, 32 Stat. *202 389, 43 U.S.C.A., Section 431, 1 ...
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335 F. Supp. 824 (1971) Application of PFC. Michael Woodrow KERN, Petitioner, v. Honorable Melvin LAIRD, Secretary of Defense, et al., Respondents. Civ. A. No. C-3382. United States District Court, D. Colorado. November 23, 1971. *825 *826 Rudolph Schware, Denver, Colo., for petitioner. James L. Treece, U. S. Atty., Denver, Colo., for respondents. MEMORANDUM OPINION AND ORDER ARRAJ, Chief Judge....
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ORDER On May 13,1971 the defendant was indicted for violations of 18 U.S.C. §§ 231 (a) (3) and 2101. On June 30, 1971 he moved, pursuant to Rules 16 and 41, F.R. Crim.P, and the Fourth, Fifth and Sixth Amendments to the Constitution, for disclosure of all records of electronic surveillance of any communications to which he was a party or which were conducted at his premises. He also reque...
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. MEMORANDUM AND ORDER DENYING MOTION TO DISMISS A motion to dismiss this cause for lack of subject matter jurisdiction has been filed by defendant herein and argued and briefed by counsel for the respective parties. The factual background of this suit may be succinctly set forth by quoting from a motion for par *658 tial summary judgment heretofore filed by plaintiff: “...
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MEMORANDUM AND ORDER For determination on this petition for review is the claim of bankrupt to entitlement to the exemption granted by Missouri statutes to the “head of a family.” 1 Bankrupt is the divorced father of three young children whose custody was awarded to their mother by the divorce decree which provided that bankrupt pay $50 per week for their support. In this situation, contending tha...
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MEMORANDUM This matter comes before me upon the motion of plaintiffs and the cross-motion of defendants for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Said motions having been made verbally at the end of a hearing regarding plaintiffs’ motion for a temporary injunction. [Filing #2]. Jurisdiction is vested by virtue of 28 U.S.C. § 1362. All of t...
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MEMORANDUM This is a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254, seeking relief from the use of an allegedly unconstitutional conviction for sentencing purposes in a later case. The subsequent conviction is not itself challenged. Petitioner is presently in respondent’s custody in the state prison at Stormville, New York, pursuant to a conviction of the crime of mansla...
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This is a motion by defendant Columbia Broadcasting Systems, Inc. (hereinafter referred to as “Columbia”) to amend its answer pursuant to Fed.R. Civ.P. 15(a) and for summary judgment pursuant to Fed.R.Civ.P. 56(b). Plaintiff, Ken Wire & Metal Products, Inc. (hereinafter referred to as “Ken Wire”) is a New York corporation engaged in the business of designing, fabricating and selling wire a...
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DECISION On October 20, 1971, in a proceeding in this Court (United States of America v. Deardorff, et al., 71 Cr. 1048), a jury, after trial, found defendant Irving B. Kahn and Teleprompter Corporation (“TPT”) guilty of conspiracy to bribe and three counts of bribery. It also found Kahn guilty of one count of perjury in connection with testimony before a Grand Jury. The bribery is allege...
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OPINION and JUDGMENT Mary Elizabeth Humphreys Ferrell, a resident of the State of West Virginia, instituted this action against the Chesapeake & Ohio Railway Employees Hospital Association and four doctors associated with that institution, on August 26, 1970. Her original complaint alleged two causes of action against the defendants. The first cause of action charged that the defendants n...
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MEMORANDUM ORDER OF DISMISSAL Long filed this complaint June 29, 1971, pursuant to 5 U.S.C. § 552, to compel the production of all files of the Internal Revenue Service relating to the business activities of Long and his corporations, and an IRS manual and certain “code books.” The IRS filed a motion to dismiss the cause, both parties filed written briefs, and the Court has heard oral argument....
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OPINION AND ORDER Defendant, Mark Joel Podolner, is charged in a one-count indictment with wilfully failing and refusing to submit to induction, in violation of Title 50 Appendix, United States Code, § 462. He has moved for judgment of acquittal and renewed a motion to dismiss the indictment. Trial by jury was waived, and the matter was tried before the Court. After the close of all the evidence, ...
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OPINION AND ORDER These actions involve an attack on the constitutionality of suspending social security benefits without prior notice or hearing. Jurisdiction of this court is sought under Title 28 U.S.C. §§ 1331 and 1361. Motions of the plaintiffs for a three-judge district court and a tempo*1383rary restraining order have been briefed and argued by the parties. The following facts are alleged i...
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MEMORANDUM OPINION RE PRIVILEGED DOCUMENTS In this multidistrict litigation there has arisen a problem late in the proceedings having to do with numerous documents in the files of Koratron. In the *46course of discovery proceedings, just pri- or to the final closing, it appeared that these documents existed. We determined that there should be in camera inspection of these files and we have proceed...
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MEMORANDUM OPINION The plaintiffs have brought this action against the defendant under the provisions of the Fair Labor Standards Act of 1938 as amended, 29 U.S.C. § 201 et seq., alleging that they were entitled to a specified minimum wage as provided under Section 6(a) (1) of that Act, 29 U.S.C. § 206(a) (1), and that they were not paid it in violation of the Act. The defendant is an employm...
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MEMORANDUM OPINION. This memorandum opinion is predicated upon the plaintiff’s attempt to join in the multitude of recent challenges, on constitutional grounds, to the validity of statutes compelling witnesses to testify while granting immunity from the use of such testimony in subsequent prosecutions. 1 *The matter came on for hearing before the Court on June 23, 1971, at whic...
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MEMORANDUM OPINION AND ORDER Plaintiffs along with their Amici Curiae, Michigan Legal Services Assistance Program and Legal Aid Office-Legal Aid and Defender Association of Detroit, properly bring this action as a class under F.R.Civ.P. 23(b) (2) representing those Black citizens of the City of Hamtramck who have been or are scheduled to be displaced or substantially affected by urban renewal p...
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OPINION The case before us arises out of a dispute between the parties to a contract related to the operation of computers. We have ruled upon (and denied) defendant’s motions to dismiss for lack of jurisdiction, for failure to state a claim upon which relief can be granted, and for failure to join an indispensable party. We have heard several days of testimony from the principals, have w...
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ORDER AND OPINION In an order, D.C., 327 F.Supp. 1342, entered June 11, 1971 this court declared unconstitutional the legislative reapportionment plan enacted by the first extraordinary session of the Forty-second Session of the Montana Legislative Assembly, Chapter Ex. 3 of the Session Laws of 1971. This plan provided for 55 senators from 29 districts and 104 representatives from 28 dist...
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MEMORANDUM In this, yet another of the endless suits of plaintiff Ernest Klein, defendants are testing his complaint by motions for summary judgment and similar relief. As is now common in the more recent of Klein’s litigations, defendants’ main contention is that these particular claims are time-barred by the applicable statutes of limitation. I conclude that this action is so barred and...
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OPINION Cross motions for summary judgment on agreed facts require the court to construe an employee pension plan and declare the rights of the parties. Victor G. Miller, an Oregon resident, was employed by Dictaphone Corporation, a New York corporation, from 1934 *841 to 1969. He retired, and a dispute arose concerning the dollar amount of his pension. The amount in con...
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OPINION The question in this ease is whether two insurance companies were negligent in the handling of a malpractice action against their insured, a doctor. The matter comes before me on a motion for summary judgment by plaintiff, the as-signee of the insured physician. I conclude that the issue is one for a jury and therefore deny the motion. On December 17, 1957, surgery was performed upon Israe...
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MEMORANDUM This is a motion for summary judgment seeking specific performance of an arbitration award pursuant to a collective bargaining agreement between the parties to this lawsuit. This action for enforcement of an arbitration award arose under the Railway Labor Act, as amended, 45 U.S.C. § 151 et seq. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1337. The matter in con...
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MEMORANDUM OPINION AND ORDER This is a removed, 28 U.S.C. § 1441(b), action in which the plaintiff seeks to recover from the defendant, inter alia, mimimum wages and overtime pay required to have been paid under the Fair Labor Standards Act, as variously amended, 29 U.S.C. §§ 201 et seq. The defendant moves the Court for a more definite statement before interposing its responsive pleading. Rule 12...
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MEMORANDUM DECISION In this diversity action, Troxel sues to recover royalty payments made by it to Schwinn on a patent that has been held to be invalid, and the matter is before us on Troxel’s motion for summary judgment. Troxel entered into an agreement with Schwinn on June 1, 1967 under which Schwinn licensed to Troxel the non-exclusive right to manufacture and sell bicycle seats ...
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*591MEMORANDUM OPINION The defendant has moved the Court ex parte to order the plaintiff Mrs. Lietchy to submit to a mental examination by a psychiatrist and the plaintiff Mr. Lietchy to submit to a physical examination by a dermatologist. Rule 35(a), Federal Rules of Civil Procedure. Such rule requires that such an order “ * * * may be made only on motion for good cause shown and upon notice to t...
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MEMORANDUM ORDER The petitioners, being members of the Johnson family who as of this date are the owners of 96.61 per cent of the Bonds of the debtor corporation, have asked that the Trustee in this proceeding be discharged, the proceeding be dismissed and that possession of the property owned by Federal Coal Company be returned to it. The petition to dismiss is opposed by the Trustee, the Secu...
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MEMORANDUM and ORDER Plaintiff seeks a preliminary injunction pending trial of the action, enjoining defendant Franklin National Bank (“Franklin”) from selling or otherwise transferring 51,500 shares of the common voting stock of Butler Aviation International, Inc. (“Butler”) and any other defendant to whom Franklin may have transferred such shares from “transferring or voting such shares”. A tem...
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MEMORANDUM This class action brought by plaintiff, Curtis Holt, Sr., a member of the Negro race, a resident of that portion of the pre-annexed area of the city, in his own behalf and in behalf of all others similarly situate, seeks an adjudication of the rights of the plaintiff and members of his class arising from alleged actions of the individually named defendants who are, with one exception...
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ORDER In each of these consolidated cases the plaintiff is an employee of defendant who for some length of time left defendant’s active employ to serve in the armed forces. Likewise, in each case the plaintiff claims that defendant has refused him the seniority, status, pay and vacation he would have received had he not been absent from his employment to perform his military obligation. The cases...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION FOR A MORE DEFINITE STATEMENT. These 26 cases are all wrongful death actions arising out of alleged defects in the F-104 Star fighter, a jet plane designed, manufactured and sold by defendant Lockheed Aircraft Corporation. Plaintiffs are the parents, wives and children of various members of the German Air Force wh...
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ORDER OF DISMISSAL This cause came before the Court on agreed facts for a determination of whether this action is barred by a Judgment of Acquittal entered in a “companion” criminal case in favor of the claimant here, James Tarantino. On June 14, 1969 a retail liquor store called “Funky Broadway” was inspected by investigators from the Alcohol, Tobacco and Firearms Division of the United Stat...
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ORDER At the recent special session of the General Assembly of Georgia an Act was passed entitled the “SavannahChatham County Freedom of Choice School Assignment Law.” It requires the local Board of Public Education to establish a system permitting parents to make a primary and alternate choice of schools for their children. So long as student capacity permits, “The Board will assign pupils to ...
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MEMORANDUM OPINION AND ORDER This is a post-judgment proceeding involving a motion by the United States of America (the Government), directing me to enter a satisfaction of judgment order in- the cause of Bruneau E. Heirich and Kathleen Heirich v. United States of America (No. 61 C 488) in which case the Heirichs charged the Government with illegally assessing and collecting certain sums of money ...
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MEMORANDUM AND ORDER On May 1, 1970 Arthur Turco, Jr., one of the plaintiffs, was indicted by the Grand Jury of Baltimore City, Maryland and charged with participating in the torture and murder of one Eugene Leroy Anderson whose skeleton had been discovered in Leakin Park in Baltimore on October 27, 1969. Specifically, Turco was charged with conspiracy to murder, assault with intent to mur...
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Four defendants have been charged in a three-count indictment involving bank robbery. The moving defendant has been named as Charles Rush, but asserts that the only name that he has ever been known by, or ever used is Garland Rush. He points out that on July 12,.1971, after his arrest, he signed his name as Garland Rush before the Magistrate regarding appointment of counsel and from this fact arg...
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Plaintiff, a resident of California, instituted this action for patent infringement against Custom Pools, Inc., a Minnesota corporation and a seller and distributor, and against Imperial Pools, Inc., and Sea ‘N’ Gee, Inc., a parent and subsidiary, both New York corporations, manufacturers. The complaint seeks both an injunction and damages against all defendants for alleged infringement of plainti...
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MEMORANDUM OF DECISION The incident which gives rise to this litigation occurred on Lake Ferguson, a navigable waterway near Greenville, Mississippi on the Mississippi River, on the afternoon of January 20, 1970, when tankerman Ivey Harold Duke, a member of the crew of the M/V J. E. VICKERS, stepped down from the deck of the Barge JOHNNA B onto a scaffold placed on the deck of the steel h...
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OPINION AND ORDER On February 23, 1967, a federal grand jury returned a nine-count indictment charging two conspiracies and seven substantive violations of 18 U.S.C. § 1952. Defendants made more than 40 *757pretrial motions, one of which sought dismissal of the indictment on the basis of “alleged systematic exclusion of and discrimination against women in compiling the grand jury lists.” United St...
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MEMORANDUM AND ORDER Defendants’ motion for the admission of the results of polygraph tests and for an evidentiary hearing raises a question which apparently has never been squarely presented before. The case involves a Brady-type issue and not a pure question of the reliability of polygraph tests. On the trial of two former federal narcotic agents for conspiracy to solicit a bribe (and kin...
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MEMORANDUM Defendant Blauner moves herein, pursuant to Rule 32(d) of the Federal Rules of Criminal Procedure, to withdraw his prior plea of guilty herein and, pursuant to Rule 48(b) of said Rules, for dismissal of the indictment on the ground that he was denied his right to a speedy trial because the Government has unnecessarily delayed the prosecution of his case. This Court heretofore, on August...
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OPINION Plaintiffs move for a preliminary injunction to restrain cut-backs in benefits under the Medicaid Program of the State of New York and for determination of a class action. The motions are granted. The plaintiffs have made a very strong showing of substantial probability of success at trial, clear and overwhelming irreparable injury which they will otherwise suffer, and the eq...
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OPINION Before the Court are two motions filed by defendant Home Insurance Company pursuant to F.R.Civ.P. 12(b) (6) to dismiss the complaints in the above two actions for failure to state a claim upon which relief can be granted. On March 12, 1971, Plaintiff Harvey Herman filed a complaint in No. 70-788, naming as defendants in a products liability action C. O. Porter Machinery Company and Li...
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OPINION AND ORDER The plaintiff, Margaret A. Peterson, has filed this action in equity seeking to have her daughter, Rosalie Dickison, declared trustee ex maleficio of the sum of $23,000. The plaintiff’s complaint alleges that on or about March 24, 1970, plaintiff was admitted to Saint Joseph’s Hospital in the City of Pittsburgh, Pennsylvania, and advised by her doctors of the possibility tha...
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*1270 MEMORANDUM AND ORDER A brief procedural history of this case is in order, if only to preclude any further motions being made by either party to the present stage of the proceedings (Reading Company and third-party defendant Royce Kershaw) to reopen, reargue, resubmit, or reconsider any preliminary steps to the trial which we believe necessary in this matter, the reasons for which are se...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW, AND ORDER This is an action instituted by the Secretary of Labor charging defendant Penn Packing Company, Inc. (Penn Packing) with violations of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. The Secretary seeks to restrain defendant from withholding payment of overtime compensation allegedly due to certain Penn ...
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MEMORANDUM AND ORDER This case is before the Court upon the defendant’s motion to suppress evidence, the evidence sought to be suppressed being non tax paid whiskey seized as a result of a search of the defendant’s automobile upon August 25, 1971. An evidentiary hearing was held upon the motion at which the following facts were made to appear beyond a reasonable doubt. At approximately 11:30 ...
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FINDINGS OF FACT 1. This is an action brought under the Federal Tort Claims Act for the death of George B. Cox and Donald J. Harris on October 7, 1968. Cox and Harris were guest passengers in a Cessna N8225U aircraft when it attempted a landing at the airport at Hot Springs, Arkansas on such date. The plane was piloted by Frank Stewart and owned by Larry Robinson, both of whom were killed in th...
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OPINION Claimant, Alva Long, has appealed to this court from an adverse decision by the Secretary of Health, Education, and Welfare denying disability benefits. The decision by the Appeals Counsel was rendered December 15, 1969, making final the hearing examiner’s decision dated October 8, 1969. A previous appeal by Mr. Long to this court resulted in an affirmance of the Secretary’s decision de...
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OPINION Larry Grant Bowring, a prisoner of the Commonwealth of Virginia, has filed a petition in forma pauperis requesting relief by way of habeas corpus, pursuant to the provisions of 28 U.S.C. § 2241. On April 7, 1969, petitioner was convicted of abduction and sentenced to nine years’ imprisonment following a jury trial in the Circuit Court of Roanoke County, Virginia. He now seeks relief f...
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MEMORANDUM OPINION I. FACTUAL STATEMENT. This is an action for slander in which the plaintiff, a physician and a resident of Illinois, alleges that defendant Johns, *943 a newspaper reporter for the Milwaukee Sentinel and a resident of Wisconsin, made defamatory statements in two telephone calls from Milwaukee, Wisconsin, to the District of Columbia. Specifically, the complaint alleges th...
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MEMORANDUM OF DECISION This is a criminal action brought by way of information. The information charges ten counts. The first count charges in pertinent part as follows: “On or about the 19th of April, 1971, in the District of Kansas, HERCULES, INCORPORATED SUNFLOWER ARMY AMMUNITION PLANT, did unlawfully discharge and deposit refuse matter, to-wit: A chemical compound NH3 (ammonia), into ...
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This action was brought by plaintiff Continental Grain Co. to recover damages for breach of contract. It is alleged by plaintiff that it had a contract of affreightment with Toko Lines (KKK), under which Toko was to transport a cargo of grain which was to be loaded at Reserve, Louisiana. The grain was to be transported by the Motor Ship PACIFIC SAGA, a vessel owned by Ocean Bulkers, Inc. and time...
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MEMORANDUM AND ORDER On July 29, 1971, a special grand jury for the District of Maryland indicted the defendants in the above-captioned cases, charging that they had engaged in a continuing combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. Section 1). Defendants thereafter filed numerous motions seeking ...
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MEMORANDUM Plaintiff brings this action to enjoin respondents from engaging in acts de*230scribed in the complaint which are commonly known as secondary boycott activities in violation of § 8(b) (4) (B) of the National Labor Relations Act, as amended. Jurisdiction to grant such injunctive relief is founded upon 29 U.S.C. § 160 (1). A hearing on the matter took place November 4, 1971 at 2 P.M. purs...
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*997 OPINION AND ORDER Before ALFRED P. MURRAH, Chairman * , and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel. In civil and criminal antitrust actions filed in the Northern District of Ohio, the United States alleges a conspiracy among the six manufacturers of refrigerant ga...
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MEMORANDUM OF DECISION A nontenured associate professor seeks relief from a decision of the governing board of a public university not to renew his contract of employment because of his activities outside the classroom. The competing interests in the dispute are that of freedom of expression, assembly and petition on the one hand and freedom to employ or not to employ on the other. N...
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MEMORANDUM OPINION This action was commenced in the Superior Court of New Jersey and was removed to this Court by the defendants, acting pursuant to 28 U.S.C. § 1443 (1), which provides as follows: Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracin...
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The defendant, an alleged agent of a pension fund, has been indicted in seven counts for conspiracy to solicit kickbacks in violation of 18 U.S.C. §§ 1954, 1341 and 1343 (Count 1); for the substantive offense of agreeing to receive and receiving a kickback in violation of § 1954 (Count 2); and for the substantive offenses of wire (Counts 3-5) and mail (Counts 6-7) fraud in violation of §§ 1343 ...
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Preliminary Statement This action for trademark infringement and unfair competition was tried to the Court without a jury. The plaintiff, Federal Folding Wall Corp. (Federal) was created by one Jack Genison, a former contract employee of defendant National Folding Wall Corp. (National). It was created for the express purpose of competing with defendant National in precisely the same ty...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND PRELIMINARY INJUNCTION In this action for injunctive relief brought under the Civil Rights Act, 42 U.S.C. § 1983, 1 fourteen plaintiffs on behalf of themselves and other black persons seek to enjoin seven police officers and a police inspector of the City of Pittsburgh Police Department from continuing the deprivation under color of state law of right...
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OPINION On December 29, 1969, the Appeals Council of the Social Security Administration of the Department of Health, Education and Welfare affirmed the decision of a hearing examiner denying plaintiff’s claim to entitlement to benefits under the Social Security Act as the husband of Bessie Harwitz.1 Notice of the Appeals Council’s decision was mailed to plaintiff on that date together with advice ...
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MEMORANDUM OPINION AND ORDER Petitioner seeks a writ of habeas corpus to effectuate discharge from state custody imposed for contempt of court in failing to comply with a mandatory injunction directing him to remove certain trailers from his premises. The petition will be denied. Most of the facts are summarized in the opinion of the Pennsylvania Supreme Court, East Caln Township v. ...
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MEMORANDUM AND ORDER NO. 501 The Trustees have petitioned for approval of a group of proposed agreements between the Trustees, the Metropolitan Transportation Authority and, as to one agreement, National Rail Passenger Service Corporation (“Amtrak”) relating to suburban passenger train service on the Harlem-Hudson lines of the Debtor. By way of background, it may be noted that the Trustees are the...
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In Proceedings for the Reorganization of a Railroad OPINION AND ORDER NO. 497 The Trustees are the owners of, inter alia, 161,698 shares of the common stock *841of the Pittsburgh and Lake Erie Railroad Company (“P&LE”), pledged as collateral under two collateral trust indentures, dated April 15, 1965 and April 15, 1968, respectively, in which the Irving Trust Company is indenture trustee. When th...
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OPINION ON MOTION BY PLAINTIFF FOR DETERMINATION OF CLASS ACTION This is the second and dispositive opinion in this action relative to the *540plaintiff’s Motion For Determination Of Class Action under Federal Rule of Civil Procedure 23. Brought representatively by Reuben Katz, formerly an authorized holder of one of the defendant, Carte Blanche Corporation’s credit cards, this action seeks damag...
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MEMORANDUM OPINION The respondent undertakes to show cause why the federal writ of habeas corpus should not be awarded herein. He has filed as exhibits herein the records of the trial of the case of State of Tennessee v. James Mock, case no. 8584 in the Criminal Court of Washington County, Tennessee. *555The first constitutional issue raised by Mr. Mock is that he was deprived of his right under t...
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AMENDED JUDGMENT The Securities and Exchange Commission filed this civil action to enjoin 13 corporations and 15 individuals from distributing unregistered securities and engaging in fraudulent and manipulative practices in connection with the sale of securities. 1 Before rendering the judgment, nine of the defendants had agreed to permanent injunctions and the SEC had dismisse...
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Plaintiff, Lou Fabian, a resident and citizen of the State of Indiana, brings this action against defendant, W. George Kennedy, a resident and citizen of the State of Florida, on a contract for plaintiff’s operation of leases owned by defendant to extract minerals allegedly situate in the Northern Judicial District of West Virginia. Plaintiff alleges jurisdiction is based upon diversity of citi...
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MEMORANDUM OF OPINION Plaintiff, a Second Lieutenant in the U.S. Army Reserve, has had his call to active duty delayed for some three years while he attended law school. Claiming that opposition to war “coalesced” in early 1970, he submitted through appropriate military channels an application, dated December 16, 1970, for discharge as a “conscientious objector” (a “C.O.”) under Army Regulations ...
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*566MEMORANDUM OPINION AND ORDER The issue presented by this proceeding is whether the court has the power to purge a grand jury witness of civil contempt of court upon his promise to testify upon the condition that he be furnished a transcript of his testimony. The contempt proceedings involving the witness are reported in Anthony Russo, Jr. v. United States, 448 F.2d 369 (9th Cir. 1971). In sum...
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MEMORANDUM This matter is before the Court on remand from the United States Court of Appeals for the District of Columbia 1 2 for the purpose of clarifying the reasons given at the original sentencing proceeding for choosing to sentence the defendant Ward under the applicable penalty provision 3 rather than under the Federal Youth Corrections Act. 3 ...
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OPINION Walter Bunting was injured in the course of his employment by Townsend’s Inc., when he was struck by a piece of machinery manufactured and installed by defendant at Townsend’s Inc. Walter, joined by his wife for loss of consortium, sued defendant for its alleged negligence, inter alia, in designing and installing the machinery. Jurisdiction is based upon diversity of citizenship. Defendant...
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MEMORANDUM OPINION AND ORDER This is a proceeding pursuant to section 10(Z) of the National Labor Relations Act, 29 U.S.C. section 160(0, in which the petitioner seeks the issuance of an injunction on the ground that there is reasonable cause to believe that respondents have engaged in certain unfair labor practices. A hearing on the issues raised by the petition was held on November 11 and Novem...
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OPINION This is a civil action for declaratory and injunctive relief under 28 U.S.C.A. §§ 2201, 2202. Jurisdiction is invoked under 42 U.S.C.A. § 1983 and 28 U.S.C.A. §§ 1331, 1343. The parties stipulated that plaintiff is a twenty-year old emancipated single female who resides in Holyoke, Hampden County, Massachusetts, that she is a recipient of benefits from the Massachusetts Department of Publi...
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MEMORANDUM OPINION PARTIAL SUMMARY JUDGMENT Robert F. Urbano, an inmate of the New Jersey State Prison System sei’ving a life sentence for murder and currently confined in general population at Lees-burg Prison Farm instituted this prisoner complaint action in the United States District Court on November 8, 1968. Urbano brings this action against eleven officers of the New Jersey Department o...
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FINDINGS OF FACT AND OPINION In this non jury case, three defendants, William Kelley, Robert Pinkney and Robert Hairston, are charged with having stolen in excess of $100 from the Marine Midland Bank of Southeastern New York, an FDIC insured bank, in violation of 18 U.S.C., section 2113(b), and of the aiding and abetting law, 18 U.S.C., section 2. To sustain its burden of proof, the governmen...
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This is a motion by three of the named defendants — Lord, Abbett & Co., Alvin H. Berndt and Robert S. Driscoll —for summary judgment in their favor. Fed.R.Civ.P. 56(c). The action was commenced on June 7, 1971. Plaintiff brings the action as the owner of stock- of defendant Affiliated Fund, Inc. (Fund), a Delaware corporation, and the action is a derivative one to enforce a right of Fund. ...
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MEMORANDUM Anthony J. Arnone, one of the defendants in this case, and his twelve co-defendants were charged in an indictment with both a conspiracy to violate Title 18 U.S.C. § 1955, thereby violating 18 U.S.C. § 371, and conducting an illegal gambling business in violation of 18 U. S.C. § 1955. The grand jury returned a ten count indictment. Counts IV, VI, VIII and X charge this def...
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MEMORANDUM AND ORDER NO. 494 The Fidelity Bank filed a motion (Document No. 1945) seeking leave to commence a plenary action against the Debtor and the Trustees. The gist of the proposed action is a challenge to the validity of a 401-year lease, entered into in 1873, between the Debtor’s predecessors and the New York and Harlem Railroad Company, pursuant to which the Debtor has possession of, and ...
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In Proceedings for the Reorganization of a Railroad OPINION AND ORDER NO. 496 The Debtor is the lessee of the property of the New York and Harlem Railroad Company, under a 401-year lease executed in 1873. Under the terms of the lease, the lessee has the right to sell such portions of the demised premises as are not needed in railroad operations, without accounting for the proceeds until the end o...
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OPINION This matter is before the Court on Defendant Parke, Davis & Company’s Motion for Leave to Implead Walker Corp. & Co., Inc. and Direct Sales Labs, Inc. as Third-Party Defendants. By our Opinion and Order of July 9, 1971, D.C., 329 F.Supp. 193, we granted 12(b) (1) motions filed on their behalf as defendants because of the lack of diversity jurisdiction. The issue now before the Court is wh...
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OPINION This is a petition for a writ of habeas corpus filed pursuant to the provisions of 28 U.S.C. § 2254. The petitioner is now serving a sentence of five (5) years in the Rhode Island Adult Correctional Institutions at Howard, Rhode Island, and is in the custody of the respondent as the warden thereof. Said sentence was imposed upon him by the Superior Court of the State of Rhode Island on ...
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ORDER This matter is before the court upon plaintiff’s Complaint seeking an injunction pendente lite, and upon defendant’s Motion to Dismiss plaintiff’s Complaint for lack of jurisdiction. The court received briefs and heard arguments on October 4, 1971, with regard to both the Motions. From the Complaint, affidavits and supporting documents, and the deposition of William ...
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Edward B. Emmette, the claimant, brings this action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for judicial review of the final decision of the Secretary of Health, Education and Welfare, denying claimant the establishment of a period of disability and disability insurance benefits under the Act, as amended, 42 U.S.C.A. §§ 416(i) and 423. After remand from this Court...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come on for hearing on November 15, 1971, on the request of the plaintiffs for a preliminary injunction, and the Court having considered said motion and plaintiffs’ memorandum of points and authorities, affidavit and exhibits in support thereof, and defendants’ memorandum of points and authorities in opposition thereto and affidavit and ...
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MEMORANDUM This matter came on for hearing on relator’s petition for writ of habeas corpus and was heard in open Court. Petitioner is a United States serviceman stationed in Okinawa. The appropriate military authority has brought charges against him which have been referred to a military court martial for trial. The charges are carnal knowledge in which the complaining witnesses are three young...
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This is the Court’s opinion on four motions pending in this trademark litigation. The factual background and pleadings must be set forth in some detail in order to properly understand the issues involved. In 1969, La Chemise Lacoste, a French corporation (“LCL”),1 attempted to register its distinctive crocodile emblem2 as a trademark for toiletries in the United States. The Alligator Company, Inc....
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ORDER By order dated June 15, 1971, this court decided, in light of the United States Supreme Court’s decision in Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation et al., 402 U.S. 313, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971), to reconsider the defendant’s motion for summary judgment, since the order dated June 2, 1970, 318 F.Supp. 1399, denying summary judgment relied p...
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This is a suit brought by Caryl Bendinger, Henry Krasnow, Martin Oberman and Carlton Zucker against the members of the Illinois State Electoral Board, both in their individual capacities and as members of the Board. Plaintiffs seek a declaratory judgment which would hold unconstitutional the Illinois statutory requirement that in order to be an eligible candidate in a political party primary, a pe...
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MEMORANDUM OPINION This is a suit for a declaratory judgment and injunctive relief brought by Mohammed Younus and Pete Alexopoulos, two resident aliens who are teaching in the Chicago City College System. Named as defendants are the Board of the Junior College District No. 508, Cook County, Illinois (“Board”), and the Board’s Chancellor, Oscar E. Shabat. Plaintiff Younus is a citizen...
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Plaintiff, a “non-tenure” teacher in the Tensas Parish School System, instituted action seeking “declaratory relief, an injunction, and other appropriate equitable relief”. A hearing was set by this Court on plaintiff’s motion for preliminary injunction. Plaintiff is seeking to restrain the School Board from removing him from his teaching position. At a pre-hearing conference held in Chambers, the...
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OPINION AND ORDER Plaintiff claims jurisdiction under 28 U.S.C. § 1343(3). The complaint alleges an invasion of his civil liberties (42 U. S.C. § 1983). The Highway Commission of the State of Montana, Lewis M. Chittim, State Highway Engineer, and Leroy Broughton, Personnel Director, are the defendants. A motion to dismiss the complaint was sustained as to the Highway Commission, and at th...
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MEMORANDUM OPINION This is a civil rights action in which two members of the Pueblo of Zuni seek damages from a tribal police officer and the Pueblo itself. The defendants raise three affirmative defenses: (1) lack of subject matter jurisdiction, (2) failure to state a claim upon which relief can be granted, and (3) sovereign immunity of the Pueblo of Zuni. The complaint alleges that...
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The Village of Tarrytown, through the Tarrytown Urban Renewal Agency (TURA), a public benefit corporation, has undertaken an extensive program for the clearance and reconstruction or rehabilitation of slum areas within its territorial limits. The Tarrytown Urban Renewal project is federally and state funded, and provides for the redevelopment of the project area for residential, industrial and co...
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Memorandum Opinion and Order on Motions to Dismiss and Order Transferring Case On January 22, 1971 plaintiff filed in this court a “seattergun”1 civil rights complaint alleging that two federal officials (Donald Klinger, an FBI agent of the Eastern District of Pennsylvania, and John Gross, an Assistant United States Attorney, Southern District, New York) and two state officials (Paul J. Gernert, C...
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Linda Waddy was indicted in the Southern District of New York on June 17, 1971, on three counts of mail theft under 18 U.S.C. § 1709. She moves to dismiss the indictment and to quash the grand and petit jury arrays. Defendant’s contention is that the “Plan for Random Selection of Grand and Petit Jurors in the United States District Court for the Southern District of New York”, pursuant to which...
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OPINION The decision of the Court is as follows: This is an admiralty and maritime claim based on cargo damage and is, therefore, within the jurisdiction of this Court. The plaintiff is a corporation with offices and places of business in Illinois and Grimbergen, Belgium. Its parent organization, Caterpillar Tractor Company, has its plant in Illinois. They will be referred to he...
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MEMORANDUM OPINION The use plaintiff brings this suit pursuant to 40 U.S.C. § 270b, colloquially known as the “Miller Act,” to recover payment from defendants Sovereign Construction Company, Ltd., and Aetna Life & Casualty Company for certain materials furnished to defendant Dauphin Steel and Engineering Co. in the construction of a building at the United States Military Academy in West Point, New...
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OPINION This is an action by a plaintiff against her former husband for an accounting for her share of property held jointly with defendant during their marriage. Plaintiff claims jurisdiction by reason of diversity of citizenship and alleges that at the time of filing the complaint on May 17, 1971 she was a citizen of New York State residing at Olean, New York, and that defendant was a citizen...
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RULING ON MOTION TO DISMISS The plaintiff, a citizen of the State of Virginia, has filed a complaint alleging liability against the defendant, Paramount Warrior Incorporated (hereinafter Paramount), for injuries allegedly caused by the negligent acts of the defendant’s employees. Jurisdiction is based on diversity of citizenship pursuant to the provisions of 28 U.S.C.A. § 1332. The defend...
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DECISION and ORDER Shortly after the above-entitled actions were filed, this court wrote a letter to the attorneys for the plaintiffs in which it was noted that the allegations of the complaints did not appear to provide the court with a sufficient basis for diversity jurisdiction. The letter asked the plaintiffs’ counsel to notify the court why the eases should not be dismissed for lack ...
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DECISION and ORDER The plaintiff Frank Boyance alleges that he suffered damages when an automobile driven by him collided with one driven by the defendant Rudolph Fadroski on May 29, 1970, in Cook County, Illinois. Jurisdiction is based upon diversity of citizenship. A motion to dismiss the action or, in the alternative, to quash the service of the summons and complaint upon it has been filed by t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. That plaintiff Woods Petroleum Corporation, hereinafter referred to as “Woods”, is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business in Oklahoma. That plaintiff Mountain Fuel Supply Company, hereinafter referred to as “Mountain Fuel”, is a corporation organized and existing ...
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ORDER Plaintiff seeks declaratory relief, a preliminary injunction and mandamus in this selective service case. He contends that he is entitled to a IV-D (ministerial) exemption and should be reclassified as such, and that the court should restrain the government from inducting him. Plaintiff was classified I-A and had received his induction notice on August 21, 1970. He obtained a postponement of...
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ORDER OF DISMISSAL Roger Jay Klier has filed a petition for writ of habeas corpus seeking his release from custody of the respondent. Petitioner is presently serving a 2% year sentence imposed in the Court of Record, Broward County, Florida, on September 9, 1970. Previously, on March 21, 1969, petitioner had been placed by that Court on probation for a term of three years. On August 31, 1970, peti...
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Plaintiffs seek declaratory and injunctive relief against the enforcement of [1970 Supp.]. Ga.Code Ann. § 67-1506 1 on the ground that this statute, as authoritatively construed by the Georgia courts, deprives them of their property without due process of law and is unconstitutional. Plaintiffs also contend that this case should be determined by a three-judge court in accordance with 28 U.S.C. ...
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This is an action brought by the plaintiff, Bowl-Opp, Inc., a Delaware corporation qualified to do business in Louisiana, based on diversity of citizenship with the amount in dispute being in excess of $10,000.00, exclusive of interests and costs. The plaintiff, assignee and holder of a bearer note, seeks to recover a sum of money allegedly owed by the defendants, Larson and Horton, citizens of...
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The root issue in the case is whether Humble, a mineral lessee, acted as a prudent administrator with respect to premises leased from the plaintiffs. It is settled by this court’s prior decision, 1968, D.C., 290 F.Supp. 408, affirmed, 5 Cir. 1970, 432 F.2d 165, that, “[w]hat action a prudent administrator would take under the circumstances is a factual question to be decided by the finder of fact ...
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OPINION The legal issue in this case is whether tax penalties and interest thereon, not listed in the debtor’s statement of debts, but incurred prior to filing a Chapter XI petition under the Bankruptcy Act, are discharged by judicial confirmation of the debtor’s plan of arrangement. Custom Wood Products, Inc., hereinafter designated “Custom Wood”, filed a complaint June 16, 1971 seeking a de...
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*286OPINION OF THE COURT Plaintiff, Alabama Great Southern Railroad Company, herein called AGS or railroad, filed this action against the City of Laurel, Mississippi, its mayor and two commissioners, claiming jurisdiction by virtue of 28 U.S.C., Sections 1331, 1332, 2201 and 2202. Plaintiff seeks to enjoin defendants from enforcing two city ordinances requiring the railroad in one ordinance, No. 5...
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OPINION AND ORDER This litigation is composed of three stockholder and derivative actions growing out of an earlier action brought by the SEC against the agents and investment advisers of Value Line Special Situations Fund, Inc. (VLSSF). In its complaint the SEC alleged that defendants Arnold Bernhard & Co., Value Line Appraisals, Inc., Value Line Securities, Inc. and related defendants had damag...
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This is an action brought by William K. Jacobs, Jr. and his wife, Edna L. Jacobs, seeking a refund of income taxes and interest from the date of payment. This court has jurisdiction pursuant to 28U.S.C. § 1346(a) (1). Plaintiffs and defendant (“the Internal Revenue Service” or “the IRS”) have cross moved for summary judgment under Rule 56, Fed.R.Civ.P. There are no genuine issues of materi...
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MEMORANDUM OF DECISION Plaintiffs commenced this civil action pursuant to 28 U.S.C. § 1343, seeking a declaratory judgment, damages and injunctive relief to redress claimed deprivation, under color of New York State law, of rights secured by the United States Constitution, more particularly their prior right as parents to control the education of their children. The sole defendant named i...
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OPINION AND ORDER I. PRELIMINARY STATEMENT Defendant Louis Lanni, Sr. (“Lanni”), Secretary-Treasurer of Teamsters Local 830, was convicted by a jury after a two-week trial of conspiracy and of violating section 302(b) of the Labor-Management Relations Act, 29 U.S.C. § 186(b) (1964). Section 302(b) makes it a crime for an employee representative or an officer or employee of a labor or...
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OPINION AND ORDER DENYING MOTIONS OF PLAINTIFF TO STRIKE DEFENSES AND DISMISS COUNTERCLAIMS We have previously in this case allowed the defendant to amend its answer to interpose additional defenses and also a counterclaim for additional damages. The action is a suit brought by plaintiff, Gateway Bottling, Inc., franchisee of the defendant, Dad’s Rootbeer Company, for wrongful termination of its f...
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ORDER This cause is presently before the Court upon a Petition to Review filed on May 25, 1971, accompanied by a brief in support of petitioners’, Sigo Corporation and its wholly owned subsidiary Tafgo Corporation, reclamation on review, filed on August 3, 1971. Sigo Corporation and its wholly owned subsidiary, Tafgo Corporation, were adjudicated bankrupts on petitions filed by them on November 9...
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MEMORANDUM OPINION AND ORDER This is an action in which the plaintiff Mr. Phipps seeks money damages and injunctive relief for the violation of his federally protected civil rights. 42 U.S.C. §§ 1983, 1985. The defendants, Honorable John Byers, and Carl Kirkpatrick, Esq., are sued individually as well as “agents” of the state of Tennessee. The state of Tennessee cannot be brought herein as party d...
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OPINION AND ORDER This diversity action arises out of the alleged malfunction of a crane carrier which was manufactured by a division of the defendant corporation and sold by one of defendant’s distributors to plaintiffs on October 25,1965. The complaint alleges that recovery may be had on one of four theories: breach of express warranty, breach of implied warranty, misrepresentation, 'find negli...
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ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS. Petitioner was inducted into the Army on August 4, 1970, and sent to Fort Ord, California, for basic combat training. On September 15, 1970, petitioner applied for conscientious objector status within the military, and, on February 19, 1971, the Army approved his request for classification as a non-combatant. In the interim, however, petitioner’s ...
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ORDER The institution of this suit is further testimony to the growing propensity of urban residents to battle with the planners and builders of urban highways. 1 At issue is the proposed location of an interstate highway in the Atlanta area, which highway has been in the planning and development stage for several years. The highway project has been opposed from its inception b...
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MEMORANDUM OPINION AND ORDER This is an admiralty proceeding by Nimpex International, Inc. (Nimpex) against the S. S. Monksgarth (Monksgarth), St. Denis Shipping Co., Ltd. (Denis), and Federal Gommerce and Navigation Company Limited, alleging the delivery of cargo in a damaged condition. Nimpex has attempted to obtain jurisdiction over Denis, a British corporation and owner of the vessel Monksgart...
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MEMORANDUM OPINION Motion For Partial Summary Judgment This is an action by an automobile dealer against a manufacturer and distributor for violation of the Automobile Dealers’ Day in Court Act 15 U.S.C. §§ 1221, 1222 (Count I), Fraud and Deceit (Count II) and Breach of Contract (Count III). The case is presently before us on defendant’s Mid-Southern Toyota Distributors, Inc. (MST) a...
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OPINION Petitioner, the United States, has requested this court, pursuant to 26 U.S.C. § 7604(b), to enforce a summons issued in accordance with 26 U.S.C. § 7602(2) to Stanley M. Weingarden, respondent. The summons in question was issued during the course of an investigation by the Internal Revenue Service. In December of 1968, Agent Mack, a general agent of the Internal Revenue Service, was ...
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OPINION Plaintiffs Armour and Company, Wilson and Co., Inc., and Geo. A. Hormel and Company brought this action against B. Dale Ball, the Director of the Michigan Department of Agriculture, and Ronald M. Leach, Acting Chief of the Food Inspection Division of the Michigan Department of Agriculture. They request the court to enjoin the defendants from enforcing the marketing, labeling, pack...
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MEMORANDUM AND ORDER This is an action brought on behalf of two minor children who are citizens and residents of the United States and of the State of Minnesota and students in the public schools of the state and on behalf of 930,000 public school children of *361Minnesota similarly situated.1 Plaintiffs seek a declaration that the acts of defendant, in allegedly attempting to effect a donation an...
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OPINION . Plaintiff sues by her father and next friend under 42 U.S.C. § 1983, the Fourteenth Amendment and the Social Security Act to have certain regulations of the State of New Hampshire, Department of Health and Welfare, declared invalid and their enforcement enjoined. Since a declaratory judgment and an injunction are sought, 28 U.S.C. §§ 2201 and 2202, and other necessary conditions...
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OPINION Petitioner, Glenn W. Hall, was convicted for armed robbery of a bank following a trial by jury from May 7, 1969 to May 12, 1969, at Auburn, in the District Court for the Northern District of New York. He was sentenced on May 27, 1969 to a term of ten years; his conviction was affirmed on appeal, and certiorari was denied. United States v. Hall, 421 F.2d 540 (2d Cir.1969), cert. denied, 39...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus. On August 22, 1969, relator entered a plea of guilty before the Honorable Herbert S. Levin of the Court of Common Pleas of Philadelphia County on the charge of aggravated robbery as laid in Bill of Indictment No. 113 of January Sessions, 1969. On October 24, 1969, Judge Levin sentenced relator to a term of two to eight years. No di...
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MEMORANDUM OPINION AND ORDER Defendants have filed a “Motion for Disclosure of Electronic Surveillance, for a Pre-Trial Hearing, to Suppress Evidence and to Dismiss the Indictment.” 1 In their motion they seek an order compelling the United States, pursuant to Federal Rules of Criminal Procedure 16 and 41, and the Fourth, Fifth, and Sixth Amendments to the United States Constitution, first, t...
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MEMORANDUM AND ORDER: Defendants, police officers in Houston, Texas, have been indicted for interfering, under color of State law, with the civil rights of Bobby Joe Conner, in violation of 18 U.S.C. § 242.1 Conner *1093died shortly after the alleged incident which forms the basis of the indictment. Defendants were first indicted for murder in the 178th District Court of Harris County. Following a...
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MEMORANDUM On January 20, 1969, in which was probably the last case filed by the Johnson administration, then Attorney General Ramsey Clark filed the above suit under Title VII of the Civil Rights Act of 1964, alleging a pattern or practice of discrimination on grounds of race, color and national origin, in violation of said Act. The Defendants included the International Longshoremen’s As...
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DECISION and ORDER The petitioner seeks a writ of habeas corpus. He enlisted in the United *194States Army Reserve on December 3, 1968, but did not serve on an active duty basis until March 3, 1969, when he enlisted in the regular army for a period of two years. On August 29, 1969, while stationed at Redstone Arsenal, Alabama, Mr. Forbes received orders to report to the Army Overseas Replacement S...
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DECISION and ORDER The defendants in this action have moved for an order dismissing the complaint for the alleged failure to state a claim upon which relief may be granted and for the alleged failure to join indispensable parties. The plaintiff avers that it has exclusive copyright privileges as to certain works of art and urges that the defendants are infringing on such copyrights. ...
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OPINION AND ORDER DENYING INJUNCTION This action seeks to compel the defendant in his official capacity as Commissioner of Customs to disclose certain texts used by the Bureau of Customs to train law enforcement agents in the art and science of conducting effective surveillance of suspected and known violators of the customs laws. The complaint for injunctive relief is brought pursuant to...
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The plaintiff, Wiley Sharbino, brings this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision by the Secretary of Health, Education and Welfare that the plaintiff was not entitled, under Section 216 (i) of the Act, 42 U.S.C. § 416(i), to the establishment of a period of disability or under Section 223 of the Act, 42 U.S.C. § 423, to disability in...
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The plaintiff brings this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare that the plaintiff was not entitled, under Section 216 (i) of the Act, 42 U.S.C. § 416(i), to the establishment of a period of disability or under Section 223 of the Act, 42 U.S.C. § 423 to disability insurance benefits. ...
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MEMORANDUM AND ORDER The defendant, Vernon Allan Greene, was charged in the indictment with three counts of stealing, abstracting and removing the contents of parcels which had been entrusted to him while a Postal Service employee and which had come into his possession, intended to be conveyed by mail, in violation of 18 U.S.C. § 1709.1 The jury found the defendant guilty on these three counts, an...
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MEMORANDUM DECISION This is an application by petitioner Thomas L. Jolicoeur for a writ of habeas corpus. Jurisdiction is invoked pursuant to 28 U.S.C. § 2241. A hearing was held before the Court on August 27, 1971. Prior to September 24, 1970, petitioner was a member of the Minnesota Army National Guard. He had enlisted on December 28, 1965. In June, 1970 petitioner was participating in summer tr...
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MEMORANDUM AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE UNITED STATES This is an interpleader action. Plaintiff has deposited the sum of $6274.03 into the registry of the Court, and has named the three adverse claimants to this sum as defendants. Presently pending are motions for summary judgment filed by Tubelite Company, Inc. [hereinafter “Tubelite”] and the United States. The th...
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This is a class action under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. § 401 et seq.). The named plaintiff is a member of Lodge 1566, one of twenty-three locals of the defendant labor organization. While plaintiff’s local has 216 members, one lodge has as few as nine and another as many as 354. Notwithstanding these differences, the defendant’s constitution, adopted in ...
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Memorandum of Decision and Order THE NATURE OF THE CASE Gurney Industries, plaintiff, sued St. Paul, the defendant, for alleged damages and for alleged equitable relief due to alleged non-performance of a contract by the two Roberts companies, the principals on St. Paul’s performance bond. The case was tried without a jury in three installments for a total of twenty-one days. Testimony at the tri...
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OPINION This is a civil rights action authorized by 42 U.S.C. § 1983 and 28 U. S. C. § 2201 wherein plaintiffs seek to have this Court declare invalid and enjoin the enforcement of Chapter 290, 1971 Rhode Island Public Laws, which denies Public Assistance benefits to persons who have not resided in the State of Rhode Island for at least one (1) year. Jurisdiction of the Court is based on *776 ...
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MEMORANDUM DECISION The plaintiffs bring this suit as a class under Rule 23 of the Federal Rules of Civil Procedure on behalf of their *1366 fellow students. 1 Jurisdiction is based on 28 U.S.C.A. Sec. 1331(a) with a federal question arising out of the applicability of 42 U.S.C.A. Secs. 4321-4347. This being a suit for injunction the court finds the amount in contr...
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MEMORANDUM OF DECISION Puget has moved for a partial summary judgment as to the defectiveness of the engine manufactured by General Motors. General Motors argues that the issue is still open as between the two remaining defendants, since a mistrial was ordered as to the claims among the defendants, and since the condition of the engine was put into issue by the Set B interrogatories. Puget cont...
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MEMORANDUM The defendant, through counsel, has petitioned this Court to review an interlocutory order of the United States Magistrate, issued during a preliminary hearing in progress. The hearing has been continued in mid-proceeding pending certification to the District Court. The question as certified to the District Court by the Magistrate is as follows: “At the time originally set for a prelimi...
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MEMORANDUM OF DECISION In this action, the ease came on for trial on the issue as to whether or not defendant Caine & Weiner Company, Inc., a corporation, was a secured creditor more than four months prior to the filing of a voluntary petition in bankruptcy by P.W.M. Aircraft Supplies, *1320 Inc., a corporation only. The parties stipulated that the trial might be so bifurcate...
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OPINION By an amended complaint this medical malpractice action was brought by plaintiffs against Arcadius H. Hakim, an ear, nose and throat surgeon (Hakim), a number of physicians practicing medicine in partnership as anesthesiologists (Associated Anesthesiologists) and the Washington Hospital Center (Hospital). The plaintiffs are George W. Rose, Jr. (infant plaintiff) and his father Geo...
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MEMORANDUM AND ORDER Plaintiffs, pursuant to the provisions of 42 U.S.C. § 405(g), seek judicial review of a final determination of defendant that they are not entitled to receive retirement insurance benefits under the Social Security Act. Defendant has moved for summary judgment, and the case is before us for decision in that posture. In accordance with statutory procedure, plaintiffs have been ...
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Pursuant to the Bankruptcy Act § 39, Title 11 U.S.C. § 67(c) (1964), petitioner, Bank of Louisiana in New Orleans (hereafter the Bank), seeks review of an order by the referee in this bankruptcy matter whereby petitioner’s objection to the trustee’s final account was overruled and petitioner relegated to the status of an ordinary, rather than a secured, creditor of the bankrupt. On the bas...
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Harbor Towing Corporation has filed a petition in this court pursuant to 46 U.S.C. § 185, for limitation of liability that it may incur as a result of an oil spillage in the Baltimore harbor. In the present motions, two claimants, the State of Maryland, Department of Natural Resources and the Maryland Port Author *1152 ity, and Humble Oil & Refining Company, seek a ruling that thei...
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Plaintiffs are black, voters and taxpayers of Oktibbeha County, Mississippi. Plaintiffs filed this action on June 1, 1971, seeking declaratory and injunctive relief against defendants, the Board of Supervisors and Election Commission of said county. The complaint alleges, inter alia, that prior to the end of the year 1966 the five supervisor districts of the county contained population characte...
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MEMORANDUM OF DECISION Plaintiff Lester Stacy on March 24, 1971 instituted this third-party-liability action against The Aetna Casualty and Surety Company (Aetna), the Workmen’s Compensation Insurance carrier of his employer, Purnell’s Pride, Inc. (Purnell), alleging that Aetna’s negligence in failing to properly inspect Purnell’s premises resulted in injury to him. The action is pre...
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MEMORANDUM REGARDING TEMPORARY INJUNCTION This action was commenced on October 22, 1971, by five members of the Winnebago Indian Tribe of Nebraska against the Tribal Council of the Winnebago Tribe of Nebraska and each member of the Council. The legal dispute concerns the October 5, 1971, Tribal Council election which resulted in the election of plaintiffs Solomon, Mallory and Cleveland to the T...
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OPINION On April 23, 1971, the defendant Belmont Keresty was convicted on one count of violating 18 U.S.C. § 892, 1 one count of violating 18 U.S.C. § 894, 2 and one count of violating 18 U.S.C. § 1952, 3 and the defendant Thomas Earl Phillips was convicted on one count of violating 18 U.S.C. § 894. Both defendants have moved for judgment of acquittal or, alternatively, for a new trial. B...
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OPINION Presently before this Court are several motions brought by plaintiff and defendants respectively in the above captioned matter. The background of this case is as follows. Pursuant to its application dated February 20, 1961, the Marple Community Record, Inc. (hereafter Marple) was granted on March 29, 1961 the privilege of mailing its publication of the same name by second class mail. ...
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MEMORANDUM AND ORDER This is a consolidated action for damages arising out of an accident on board the S. S. Sacramento Maru. The plaintiffs have moved for summary judgment, pursuant to Fed.R.Civ.P. 56, on the issue of liability. They claim that the accident resulted from the unseaworthy condition of the ship. On August 7, 1967, plaintiffs were employed as longshoremen by third-party...
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In Proceedings for the Reorganization of a Railroad OPINION AND ORDER NO. 484 The Trustees of the Debtor own the fee title to the Waldorf-Astoria Hotel in the City of New York. This property, comprising an entire block bounded by 49th and 50th Streets and by Park Avenue and Lexington Avenue, is presently leased to the Hotel Waldorf-Astoria Corporation under a long-term lease. A dispute has arisen ...
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MEMORANDUM OPINION: The United States brings this cause of action in admiralty against defendant shipper for alleged damages to a shipment of whole wheat under transport to Poland for the use of CARE, Inc. CARE purchased the flour in Fort Worth and shipped it by rail to Houston, where it was loaded onboard the S/S Marjorie Lykes on June 13 and 14, 1965. Enroute to Poland, the vessel docked at B...
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OPINION and JUDGMENT This is a personal injury action in which the plaintiff, Leon Preston Holt, alleges liability against the various defendants for their alleged negligence. Jurisdiction is based on diversity of citizenship pursuant to 28 U.S.C.A. § 1332. The incident from which this action arose occurred on November 5, 1968, when the plaintiff was injured when he came in contact with an electr...
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MEMORANDUM AND ORDER I. Facts This is a class action complaint for declaratory and injunctive relief in regard to State Project 238, a proposed highway of 14 miles that will pass through Hayward, Union City, and Fremont. The system of roads involved here is the federal-aid primary highway system. (There are four federal-aid systems, the other three being interstate, urban, and s...
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Memorandum This action is brought under 35 U.S.C. § 145 in which plaintiffs seek an adjudication authorizing and directing the Commissioner of Patents to issue to plaintiffs a patent on their application Serial No. 569,023, entitled “Use of Xanthomonas Hydrophilic Colloid in Admixture with Bacterial Cells for a Well Drilling Fluid” which was filed on August 1, 1966, and is a continuation-in-part...
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MEMORANDUM OF DECISION Following the petitioner’s conviction after a jury trial of bank robbery in violation of 18 U.S.C. § 2113(a) and of bank larceny in violation of 18 U.S.C. § 2113(b), this Court, on April 3, 1970, sentenced him to 16 years’ imprisonment on count one, and on count two suspended imposition of sentence and placed him on probation for two minutes. On appeal the petitioner did no...
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MEMORANDUM OF DECISION Plaintiff Thoms is opposed to what he deems to be “prevailing American values and/or governmental policies.” He alleges a desire to express that opposition by publicly and peaceably defacing the American flag, or by displaying a distorted image of it. His desire is chilled, however, by Conn.Gen.Stats. § 53-255,1 which makes “misuse of the flag” a criminal offense. By this cl...
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OPINION-ORDER Plaintiff brought this action pursuant to Section 405(g), Title 42, United States Code, for judicial review of a final decision of the Secretary of the United States Department of Health, Education and Welfare, denying to *2plaintiff primary insurance benefits under the Social Security Act, Title 42, United States Code, Section 402(a). PRELIMINARY STATEMENT OF CASE Plaintiff filed an...
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DECISION Before KOELSCH, Circuit Judge, and TAYLOR and EAST, District Judges.* THE PARTIES AND PROCEEDINGS BEFORE THE INTERSTATE COMMERCE COMMISSION On February 28, 1969, Midwest Motor Express, Inc. of Bismark, North Dakota (applicant and intervening defendant herein) filed its application with the defendant Interstate Commerce Commission (Commission) for authority to transport general commoditie...
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ORDER On May 26, 1971, plaintiff filed this action to enjoin defendant from violating the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060, 29 U. S.C. § 201 et seq.). On June 14, 1971, defendant filed a demand for a jury trial. On June 18, 1971, plaintiff filed a motion to deny, *134dismiss and vacate the demand for jury-trial. On June 14, 1971, defendant filed a motion for a more defin...
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Section 3002 of the New York Education Law, McKinney’s Consol. Laws, c. 16, requires any United States citizen who serves as a “teacher, instructor or professor in any school or institution in the public school system of the state or in any school, college, university or other educational institution in [the] state, whose real property, in whole or in part, is exempt from taxation * * * ” to ta...
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MEMORANDUM This is an action to recover $1,200,000 for damage to cargo carried from Germany to Turkey on the ship SS ESKI-SEHIR, and allegedly caused by a fire during discharge at the port of Hopa, in or around Istambul, Turkey. Plaintiffs are West German Corporations 1 *****the primary insurers and reinsurers who, having paid the German shipper’s claims, are now subrogated to its rights agai...
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Plaintiff moves for summary judgment on his complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking a refund of certain income taxes paid by him on income received by plaintiff Irving N. Sidman (“taxpayer”) 1 for the years 1959 and 1960. Defendant argues in its answering memorandum that the complaint should be dismissed. There is no fac *475 tual d...
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Findings of Fact and Conclusions of Law This is an action by the plaintiff, Bose Corporation (Bose), against defendant, Linear Design Labs, Inc., (LDL), and its sole employee, George C. Cuartero (Cuartero), for alleged patent infringement and unfair competition relating to a pair of high fidelity loudspeakers known as the Bose 901. 1 Bose is a Massachusetts corporation with ...
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OPINION Presently before me for determination is the defendant’s Motion to Dismiss on the grounds that service on the Secretary of the Commonwealth is not proper service on the corporate defendant. In this diversity action it is alleged that on or about May 26, 1969, the plaintiff purchased a new 357 magnum single action revolver which had been sold and/or distributed by or on behalf of the def...
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MEMORANDUM OPINION AND ORDER Plaintiff Ralph Bates, formerly employed by the Silverton, Texas, Independent School District as an English teacher, brings this suit challenging the validity of his discharge. Jurisdiction is predicated on 42 U.S.C. § 1983. The Hiring and Firing Plaintiff received his B.S. degree in speech and English from West Texas State University, Canyon, Te...
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MEMORANDUM AND ORDER: This action is predicated upon the alleged breach of a contract between Plaintiff Bland on the one hand and Defendant Colonel Sanders’ Inn, Inc., (CSI), on the other, for the purchaser of “French Quarter Inn” in New Orleans, Louisiana, from Bland by CSI in *873 exchange for shares of common stock in Kentucky Fried Chicken Corporation (KFC) which CSI woul...
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OPINION AND ORDER I. Statement of Facts Plaintiffs, Alice McNamara and Francis Gabel, were involved in separate automobile accidents. Neither was covered by a liability insurance policy at the time of the accident. The defendant, Vermont’s Commissioner of Motor Vehicles, 1 required proof of financial responsibility from both plaintiffs, ordering each of them to purchase motor vehicle liab...
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ORDER This matter is before the Court for consideration of respondent’s response to the order to show cause entered herein. Petitioner is presently incarcerated in the Florida State Prison at Raiford, Florida, serving a twenty year sentence imposed by the Criminal Court of Record of Duval County, Florida, following a jury conviction of two counts of breaking and entering with intent to commit a fe...
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MEMORANDUM ORDER AND OPINION Stripped of window-dressing and distracting side issues, the naked question in this case is whether municipal officials, solely by reason of their authority to manage a municipal civic center and auditorium, have the unfettered right to censor and monitor the types of speech, and to prescribe the types of productions, which may be performed in such a public au...
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MEMORANDUM OPINION These consolidated cases involve the legality of a low-income rental housing project planned for a 4.09 acre parcel of land owned by James A. Lancaster (Lancaster) adjacent to the city-owned Lee Park in Columbus, Mississippi, as well as the validity of an agreement for mortgage insurance to finance its construction made by the Secretary of Housing and Urban Development ...
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OPINION AND ORDER In this diversity case the applicable Montana Statute of Limitations is three years.1 The cause of action accrued on November 4, 1967, and the complaint was filed on November 4, 1970. An order was made authorizing service by David Middlemass, Sheriff of Lewis & Clark County. Service was not made until seven months later although defendant was at all times available in Montana fo...
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Memorandum of Decision and Order Plaintiff, a patrolman employed by the Suffolk County Police Department and president of Suffolk County Patrolmen’s Benevolent Association, seeks a preliminary injunction enjoining enforcement of general order number 71-1, which order amends Chapter 2 of the Rules and Procedures of the Suffolk County Police Department, which became effective August 1, ...
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This prosecution arises out of an ill-fated shipment of eighty wild animals, giraffes, zebras, dik diks, gazelles and other types whose native habitat is East Africa. The shipment was made aboard the MS New Westminster City from Mombasa on the east coast of Africa, to the Port of New York, within this district. The vessel set sail from Mombasa on October 12, 1969, and reached her destinati...
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MEMORANDUM OF DECISION AND ORDER SUMMARY Charlotte, North Carolina authorities denied plaintiffs the use of the Charlotte municipal auditorium for performances of the Broadway play, “HAIR,” although for fifteen years or more Broadway plays have been shown there without censorship. The refusal was not based on obscenity or other illegality; city attorneys advised that the play does no...
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OPINION AND ORDER Defendant Herbert B. Kleinbard, has moved to dismiss his indictment which charges him with the unlawful sale of a controlled stimulant drug. Defendant alleges that he has been denied his Sixth Amendment right to a speedy trial and that the delay between the time of the alleged offense and the time of his indictment constituted a denial of due process. On May 4, 1970, defenda...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This class action was brought by the Educational Equality League and certain named individuals on behalf of themselves and all others similarly situated in Philadelphia, seeking injunctive and other relief to prohibit the defendant, Mayor of Philadelphia, James H. J. Tate, from continuing his alleged racial discrimination in making appointments to ...
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ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE JURY DEMAND In this cause plaintiff, The Coca-Cola Company, seeks injunctive relief and incidental awards of profits, attorney’s fees and costs against defendants, Raymond E. and Edna Wright, individually and d/b/a K-N Root Beer Drive-In. Plaintiff alleges infringement of its registered trademarks “Coca-Cola” and “Coke” and unfair competition by defenda...
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MEMORANDUM AND ORDER This legal controversy commenced when Plaintiff International Industries, Inc., being the drawer in the parlance of commercial transactions, drew four checks on Security Pacific National Bank, Valley Plaza Branch, North Hollywood, California, the drawee bank. These four checks, which totaled approximately $154,500.00, were made payable to various payees on February 24...
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This is a suit by Howard Williams against the Secretary of Health, Education and Welfare under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary denying the claimant’s application for the establishment of a period of dis*226ability under § 216(i) of the Act, 42 U. S.C. § 416(i), and for disability insurance benefits as provided by § 223 of the Act...
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OPINION and JUDGMENT This case comes before this court upon a petition for a writ of mandamus filed in forma pawperis by Wesley B. Shockley, a state prisoner. The petition was originally filed in the United States District Court for the Eastern District of Virginia and was then transferred to this court by order dated September 8, 1971. The pertinent facts are clear and undisputed. On September 13...
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(United States Customs Court Designated to sit as United States District Judge). This action, involving maritime causes for breach of contract and cargo damage, was tried to the court. Plaintiff — owner of a shipment of tea carried aboard the S.S. Norholt 1 on a voyage from Avonmouth, England to Port of Newark, New Jersey — sought recovery for damages to a number of chests ...
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OPINION AND ORDER Plaintiff having moved for a three-judge court and all defendants having moved to dismiss the action, memoranda were filed and oral argument heard and the matters taken under advisement. *1322 Plaintiff asks that an Arizona statute, A.R.S. 13-991, subsec. 3, providing that “A person who roams about from place to place without any lawful business” may be punished as a vagra...
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*929 MEMORANDUM OF DECISION AND ORDER The defendant is charged with thirteen counts of mailing obscene matter and mailing advertisements of obscene matter, in violation of 18 U.S.C. § 1461. The defendant has moved to dismiss the indictment, and such motion has been argued and submitted for decision. This court has determined that each count of the indictment must be dismissed because: (1) T...
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MEMORANDUM Plaintiff, as administratrix of decedent’s estate, brings an action to determine the liability of defendant insurer on an automobile liability policy issued to the decedent. Plaintiff’s decedent was killed in a highway accident 2 April 1970 when his owned but uninsured motorcycle collided with another motorcycle driven and owned by an uninsured third party. At the time of the accid...
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MEMORANDUM On November 27, 1970, the petitioner, Marvin White, petitioned this court for a writ of habeas corpus. It was the petitioner’s contention that the Commonwealth of Kentucky had denied him his Sixth Amendment right to a speedy trial by reason of its failure to try him on an indictment of conversion of a motor vehicle. The petitioner was at that time and is presently serving a sentence ...
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Jerry Wolman and Anne Wolman, the debtors in this Chapter XI Proceeding, seek review (1) of an order of the Referee dismissing their application (a) to vacate a prior order of the Referee approving a sale of the assets of the Philadelphia Eagles Football Club, Inc. (the Eagles) to Leonard H. Tose, or (b) to grant specific performance of an agreement between the Wolmans and Tose; and (2) of a pr...
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MEMORANDUM DECISION This case involves eleven defendants, all of whom are charged with violating and/or conspiring to violate 18 U.S.C. § *559 1955. In order to discover the facts necessary to indict the defendants on these charges the Government found it necessary to use wiretaps. Authority for such was granted pursuant to 18 U.S.C. § 2518, which allows wiretapping in certain well defined si...
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MEMORANDUM and ORDER Plaintiff has brought this action under 42 U.S.C.A. §§ 1983, 1985 (1964), seeking injunctive and compensatory relief because of defendants’ alleged denial of plaintiff’s rights under the First, Fifth, Ninth and Fourteenth Amendments to the United States Constitution. Trial was had to the court. Briefs have been submitted and the case is now ready for decision. At issue is...
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DECISION AND OPINION This is an interpleader action by the United States of America, seeking judicial determination of title to an article of personal property located within the Southern District of New York. *112 The property is concededly privately owned but a bona fide dispute exists with respect to title. By an Order made August 2, 1971 (Tenney, J.), thi...
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*125MEMORANDUM and ORDER The defendant moved for the suppression of evidence, allegedly obtained by an illegal search and seizure. In the affidavit of his attorney, Andrew J. Orensky, Esq., sworn to October 14, 1970, in support of the motion, it was stated that on or about March 10, 1970, an F.B.I. Agent appeared at the premises where the defendant resided and visited a downstairs neighbor, regard...
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An action was brought in rem against the vessel M/S NORDSEE PILOT, of *586German registry, now in the Port of New York by members of her crew for wages due. Before he would attach the vessel the United States Marshal required the plaintiff seamen to pay over $2,000 for the costs of a watchman aboard the vessel for twenty-four hours a day, plus insurance and other incidental “costs.” The Marshal st...
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Defendants move to suppress (1) two suitcases recovered from a vehicle driven by Gary Brittman on February 2, 1971; (2) one suitcase recovered from a vehicle driven that same day by Steven Rosenthal; (3) a quantity of hashish seized from the premises at 71-34 171st Street, Queens; (4) a quantity of hashish seized from a 1970 red Ford Transit, Model 1750; (5) any other evidence seized from the pre...
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MEMORANDUM Petitioner, James Carter, confined in Attica Correctional Facility, Attica, New York, collaterally challenges under 28 U.S.C. § 2254 a conviction for rape in the first degree and an indeterminate sentence of twenty-five years imposed by the Supreme Court, Bronx County, on September 19, 1969, sitting without a jury. Petitioner’s conviction was affirmed by the Appellate Division, First...
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*769MEMORANDUM Petitioner, on behalf of the National Labor Relations Board (“N.L.R.B.”) has applied for an injunction restraining respondent, pending final disposition of the matter currently before the N.L.R.B., from picketing the premises of Blooming-dales, a department store, at its branch at 59th Street in Manhattan or at any other location, where an object of such picketing is to force or re...
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OPINION Plaintiff seeks to become a candidate of the American Independent Party for Congress from the 22nd District of Ohio in the forthcoming May 2, 1972 primary election. Plaintiff has been politically active for many years and has voted regularly in both primary and general elections. On May 5, 1970, he voted in the Republican Primary Election at which time he was also a candidate for Cong...
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MEMORANDUM This case involves the construction of an uninsured motorist endorsement of an insurance policy issued by Allstate Insurance Company in which Charles M. Keeble is the principal named insured. Plaintiffs were injured in an accident while riding in a car driven by plaintiff Charles M. Keeble and owned by his estranged wife, plaintiff Zeola Keeble. Besides the driver, the other occupa...
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Opinion and Order: On the theory that it has been victimized by various violations of federal antitrust statutes, plaintiff, Credit Bureau Reports, Inc., seeks an injunction and a decree of divestiture from Retail Credit Company and its subsidiaries, Retailers Commercial Agency, Credit Bureau, Inc. of Georgia, and Credit Marketing Services, Inc. Specifically, plaintiff contends that d...
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OPINION The plaintiff, William H. Perrin, a Virginia resident, worked for Brunswick Corporation from May 4, 1967 until May 9, 1968, at its Sugar Grove defense plant. During this interval, he worked in or near gases coming from materials used in the manufacture of CS gas products. These products are designed to knock an enemy out of action by irritation of the eyes, skin, and nasal passages. On ...
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MEMORANDUM OPINION The plaintiff, Robert R. McClung, brought this action to recover damages for injuries caused by the alleged negligent design of a 1965 Ford Mustang manufactured by the defendant, Ford Motor Company. The basis of plaintiff’s complaint is that the defendant was negligent in designing the vehicle, made misrepresentations with reference thereto, and breached an express and implie...
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*99 MEMORANDUM OPINION The above styled action, commenced in the Common Pleas Court of Kanawha County, West Virginia, was removed to this Court upon motion of the defendant. Subsequent thereto, this Court, on February 2, 1971, denied plaintiffs motion to remand, and on August 5, 1971, the defendant filed a Motion for Summary Judgment based primarily upon two grounds: (1) lack of privity of co...
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OPINION AND ORDER The matters before the Court are two motions to transfer a proceeding for an arrangement filed under the Bankruptcy Act. The Municipality of San Juan, Puerto Rico, (“Municipality”), with whom Fairfield Puerto Rico, Inc., (“the debtor-in-possession”) has a lease contract for the construction and operation of a composting plant for processing of *1189 refuse o...
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*1307 ORDER This is a case of first impression under the law of Georgia. Mrs. Josephine Lloyd, sister of Mrs. Alvina D. Sims, alleged that Mrs. Sims, now adjudicated incompetent, had deposited certain funds in a Certificate of Deposit and in a savings account as joint accounts with the intent that said funds should pass to Mrs. Lloyd upon Mrs. Sims’ death. By like reasoning,...
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OPINION Plaintiff in July, 1969, was preparing to leave the University of California at Davis, California, where he had recently completed his work for a doctorate in genetics, to assume a position as a member of the faculty of the Tufts University School of Medicine in Boston. He had certain test tubes of frozen chemicals, mouse blood and enzymes which had been used in research work in w...
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OPINION This is a civil action in which plaintiff seeks an order of this court requiring that the propriety of his dismissal as an employee of defendant Stop & Shop, Inc. be submitted to arbitration and, also, money damages. Jurisdiction of this court is invoked on the basis of unspecified portions of the National Labor Relations Act and the Labor Management Relations Act. Plaintiff alleg...
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334 F.Supp. 172 (1971) Curtis PAYNE, Plaintiff, v. FORD MOTOR COMPANY, Defendant. No. 71 C 175(4). United States District Court, E. D. Missouri, E. D. November 4, 1971. *173 Samuel H. Liberman, St. Louis, Mo., for plaintiff. John R. Musgrave, Coburn, Croft, Shepherd & Herzog, St. Louis, Mo., for defendant. MEMORANDUM WANGELIN, District Judge. This matter is before the Court on defendant's mo...
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OPINION The instant ease comes before this Court on motions to dismiss on behalf of all defendants except defendant Duryea pursuant to Fed.R.Civ.P. 12(b) (1) (lack of jurisdiction over the subject matter) and 12(b) (6) (failure to state a claim upon which relief can be granted) . The controversy centers around the November 1970 general election for State Assemblyman from the 73rd Assembly...
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This is a motion by the defendants for an order (a) dismissing the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, or declining jurisdiction, or in the alternative (b) staying the action; or (c) transferring it to the Central District of California. They also move to require a more definite complaint. THE COMPLAINT AND TH...
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On April 10, 1970, plaintiff’s derrick barge CENTURY in tow of defendant-third party plaintiff McAllister Brothers Inc.’s (“McAllister”) tug, DALZEL-LEAGLE, collided with the Marine Parkway Bridge, owned and operated by third-party defendant Triborough Bridge and Tunnel Authority (“Triborough”). Basing its claim upon our admiralty jurisdiction (Rule 9(h), F.R.Civ.P.), plaintiff sued McAllister ...
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ORDER The Defendant, the prevailing party in this case by the verdict of the jury and the judgment entered thereon, has applied for attorney fees pursuant to 12 Okl.St.Ann. § 936.1 This case is a products liability case tried on negligent design and breach of implied warranty of fitness. It is not believed that this action is one of those enumerated in the above mentioned statute. The claim of neg...
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OPINION The question before the Court is whether to grant plaintiffs’ renewed motion for an order that this action be maintained as a class action. The motion will be denied. In 1968, 64 plaintiffs, all of whom are members of the Independent Miners and Associates (IMA), filed the original complaint. They charged the defendants with a combination to monopolize sales of anthracite to the U.S. Army ...
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ORDER This matter was tried before the Court in Columbia, South Carolina, without a jury on September 15 and 16, 1971. Lafaye-Tarrant Construction Company was prime contractor for the construction of the Orangeburg-Calhoun Technical Education Center and subcontracted to the plaintiff, Reamer Industries, Inc., the furnishing of labor, material and equipment to install the heating and air condition...
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MEMORANDUM OPINION AND ORDER Captain Irvin R. Jennings, M. D., Army Medical Corps, who is presently stationed at the United States Army Medical Field Service School, Fort Sam Houston, Texas, filed a Petition for a Writ of Habeas Corpus in this Court, alleging that he should be discharged from the United States Army as a Conscientious Objector. A hearing was held on August 26, 1971. After graduatio...
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MEMORANDUM OPINION AND ORDER The plaintiff, the sole heir of the late James N. Johnson, brings this suit to quiet title to land taken from him by a federal tax sale. The land in question is now titled in the name of the defendants, having been transferred to them by the assignee of the purchasers at the tax sale by special warranty deed dated March 27, 1967, recorded February 7, 1968. The p...
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MEMORANDUM ORDER This is an appeal from the United States Magistrate from his judgment on March 16, 1971, wherein the defendant was found guilty of simple assault, 18 U.S.C., section 113(d). Charges for interfering with the police, section 18.1-254 of the Code of Virginia, and disorderly conduct, section 18.1-310 of the Code of Virginia, were merged with a resultant finding of guilt. Fines of $...
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*161 MEMORANDUM OPINION Subject criminal case is now before the Court on motions of the defendants to suppress evidence consisting of the fruits of a seizure effected in Saline County, Arkansas, on March 8, 1971, by agents of the Alcohol, Tobacco and Firearms Division of the United States Treasury Department acting under a search warrant issued by a United States Magistrate on Ma...
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OPINION AND ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF This is an action for damages and for injunctive relief alleging trademark infringement and unfair competition under the Trademark Act of 1946, 15 U.S. C. § 1051 et seq., based on defendants’ labeling, manufacturing and selling a toilet water product, “AQUA DE COLONIA, JOHNSON” and their use of the trade style, “JOHNSON LABORATORIE...
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MEMORANDUM OPINION This suit, brought in 1969 by an Episcopal minister, an atheist, the president of the American Ethical Union, a rabbi, and a Roman Catholic priest, sought to *1089 enjoin construction and maintenance of the creche in the Christmas Pageant of Peace celebration as a violation of the Establishment and Free Exercise Clauses of the Constitution. The Christmas Pa...
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MEMORANDUM OPINION This matter came on for consideration on cross motions for summary judgment and the hearing conducted pursuant thereto. Plaintiff Gordon, a substitute letter carrier employed by the United States Post Office, was dismissed from his position and barred from other government employment for one year because he “lied” on his job application form. Gordon, who freely adm...
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OPINION Plaintiff, patentee and owner of U. S. Reissue Patent No. 24,518, sued three defendants, Kutschera, Birkenruth and Tidewater Oil Company (later Getty Oil Co.) for infringement. Pending for decision is the motion of Birkenruth to (a) reinstate the judgment of January 22, 1969 dismissing the *1098 complaint 1 which the Court of Appeals vacated, and (b) v...
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This cause having come on for hearing on the application of plaintiff, the United States of America, for an injunction as prayed for in its verified complaint, and the Court having considered all evidence submitted herein, the pleadings, memoranda of law, and argument of counsel, makes the following Findings of Fact and Conclusions of Law with respect to said application: FINDINGS OF FACT 1. ...
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MEMORANDUM This is an action for declaratory relief and damages. Defendants are shareholders of a bankrupt business presently known as Gary Bootery, Inc. Plaintiffs, including intervening plaintiffs, are among its creditors. Plaintiffs contend that a substantial part of the Bootery’s debts were contracted after its articles of incorporation had been revoked, and that defendants should therefore...
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This matter came on for hearing before this statutory Court on motions of the various defendants. The Court took time to consider. Plaintiffs Arthur Harris, Hickman, Dumas, Huckaby, Richard, and Rodney Williams are alleged to be black graduates of the Southern University School of Law (hereinafter SU), which is alleged to be a predominantly black institution. Plaintiffs Hearn, McKee, Hawki...
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334 F.Supp. 1141 (1971) James HARRISON, Plaintiff, v. CAPIVARY, INC., Defendant. No. S 71 C 34. United States District Court, E. D. Missouri, Southeastern Division. November 3, 1971. A. J. Seier, Seier & Pierce, Cape Girardeau, Mo., for plaintiff. James E. Reeves, Ward & Reeves, Caruthersville, Mo., for defendant. MEMORANDUM MEREDITH, Chief Judge. This matter is before the Court on defen...
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OPINION Plaintiffs in this action have moved this Court for a preliminary injunction and for an order determining that this action may properly be maintained as a class action pursuant to Rule 23, Fed.R. Civ.P. This suit is brought by recipients of public assistance benefits in the federally-aided program of Aid to Families with Dependent Children (AFDC). 1 The defendants are George K. Wyman,...
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This is a motion to strike the plaintiff’s demand for a jury trial pursuant to Fed.R.Civ.P. Rule 38(b). The plaintiff ■ is a Michigan corporation represented by both Michigan and New York counsel. On June 7, 1971 the defendants were served with a complaint alleging patent infringement and unfair competition. The plaintiff was served with the defendants’ answer and counterclaims on June 28, 1971. O...
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The movant is the debtor in possession under Chapter XI of the Bankruptcy Act. The petition for an arrangement is under the supervision of Referee Babbitt. The movant, who will also be referred to as the debtor, moves to stay certain actions taken by Honorable Edward Thompson, Justice of the Supreme Court and Administrative Judge of the City Court of the City of New York. Specifically, it seeks t...
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This is an unusual motion by defendant Washington Iron Works to amend the caption to change the plaintiff’s name, suing as Executrix, from “Gold-stein” to “Garner.” The plaintiff, widow of Eugene Earl Goldstein, who was killed in an accident in February 1968, sues as Executrix of his Estate. She has not remarried. Shortly after her husband’s death the plaintiff changed her name to Garner for reaso...
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MEMORANDUM OPINION AND ORDER Defendants Hamilton International Corporation (hereinafter Hamilton), Hamilton Life Insurance Company of *1050 America (hereinafter Hamilton Life), the individually named defendant officers and directors of Hamilton and Hamilton Life, and Lybrand, Ross Brothers and Montgomery (hereinafter Lybrand), have moved to disqualify the plaintiff on the gro...
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OPINION American preoccupation with due process and taxation goes back to the gestation of the Republic. It is not a purely historic interest but a continuing one because the harsh realities of the necessity of collecting revenue and the natural reluctance of the citizen to pay over to the government that which he considers his own has resulted in some rather arbitrary statutory methods o...
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OPINION This matter came on for non-jury trial on a complaint filed by the plaintiffs in which they sought the return of $13,620.47 plus interest which is alleged to be an overpayment of estate taxes by the Estate of Lewis L. Silberman. The parties have stipulated and I find that the plaintiffs in this action are James C. Silberman and Alan L. Silberman, Executors of the Estate of Lewis L. Si...
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OPINION This matter is before the Court on the application of Servomation Mathias, Inc. for a preliminary injunction against its former employee, Leonard L. Englert, restraining him from violating a provision of his employment contract in the nature of a covenant not to compete. Plaintiff initially sought a temporary restraining order enjoining Englert from revealing trade secrets and fro...
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ORDER This cause originates from an alleged accident suffered at work by coplaintiff Michael Gilbert, a minor employee, insured by the State Insurance Fund of Puerto Rico. Codefendant Eli Lilly & Company filed a motion to dismiss the complaint of coplaintiff Charles Eugene Gilbert, father of the injured, hereinafter called coplaintiff, based on a contention that said coplaintiff has no cause of a...
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MEMORANDUM OPINION This is a claim for rent of premises leased for purposes of a post office in Bell Buckle, Tennessee, under the Tucker Act. 28 U.S.C. § 1346. The action was commenced as a detainer proceeding in a state court and was removed to this Court. 28 U.S.C. §§ 1441, 1446. Trial without a jury was conducted on October 4, 1971. Final briefs were received on October 14, 1971. The plaintiff ...
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OPINION This civil rights action, brought by the plaintiff, the Rev. Clennon King (“King”), seeks declaratory and injunctive relief against the defendants, 1 the election officers of the State of Delaware (“election officers”), in vindication of King’s right to have his name printed on the State’s ballot for the 1972 General Election as a candidate for President of the United States of The Vo...
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OPINION This is an action brought by Louisiana Sulphur Carriers, Inc. (“Louisiana”) against Gulf Resources and Chemical Corporation (“Gulf”) for approximately $311,000 allegedly owing Louisiana under a Transportation Contract between the parties entered into June 28, 1968. The case is presently before the Court on the plaintiff’s motion to strike the defendant’s fourth affirmative defense pursuan...
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MEMORANDUM OPINION AND ORDER The petitioner, Grace Cosentino, is incarcerated in the United States Penitentiary, Alderson, West Virginia. Petitioner was sentenced by this Court to six years on Counts 3, 4, 5 and 6 and five years on Count 8 of the indictment in ease number 68 CR 410, after a plea of guilty to the charge of the sale of counterfeit treasury notes; this sentence to run concurrently wi...
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MEMORANDUM AND ORDER This ruling is predicated upon Plaintiff’s respective Motions for preliminary injunctive relief and to waive bond on the preliminary injunction. With the exception of appearing at the hearing on the motions, defendant has not resisted them although given ample opportunity to do so by this Court. Plaintiff brought this action under the Civil Rights Act, 42 U.S.C., Section ...
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Melvin Martynn sues under the Civil Rights Act, 28 U.S.C. § 1343(3), alleging that he was deprived of his Constitutional rights under the First and Fourteenth Amendments by the Sheriff and two deputy Sheriffs of Jefferson Parish, Joseph Darcy and Nicholas LeBlanc, when they arrested him, charged him with disturbing the peace and with interfering with a police officer. He also contends that, aft...
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MEMORANDUM AND ORDER The plaintiff, Curtis E. Rowland, has brought suit against the warden of the Nebraska Penal and Correctional Complex, 1 alleging that his civil rights have been violated. The jurisdiction of this court has been properly invoked pursuant to 42 U.S.C.A. § 1983 and 28 U.S.C.A. § 1343. Although the original petition made a number of broad complaints about ...
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MEMORANDUM AND ORDER THIS MATTER comes before the Court after hearing upon plaintiff’s application for a permanent injunction against the defendants. The defendant, City of Bellevue, Nebraska, has duly enacted an ordinance 1 *883 purporting to annex approximately 1898 acres of real estate officially designated as Offutt Air Force Base, and approximately 721 acres ...
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OPINION This is an action brought under 28 U. S.C. § 1343(3) alleging a contravention of the Civil Rights Act of 1871, specifi *262 cally 42 U.S.C. § 1983. 1 Procedurally, the plaintiff’s application for a preliminary injunction and request for a permanent injunction have been merged, the testimony and exhibits offered at the hearing held on the former comprising all of the evidence on the ...
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OPINION AND ORDER GRANTING WRIT OF HABEAS CORPUS In this application for writ of habeas corpus brought by a state prisoner presently incarcerated in the Pennsylvania Western Correctional Institution at Pittsburgh under a sentence for a term of 10-20 years following conviction of second degree murder in the Court of Common Pleas of Erie County, Pennsylvania, we feel impelled to grant the writ. W...
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OPINION and ORDER This is an action by an air passenger and her spouse against an air carrier for personal injury allegedly sustained in a “hard” landing at Brazilia, Brazil. Plaintiffs have moved for partial summary judgment under Rule 56(d) on the question of liability.1 Most of the facts in this case are un-controverted. The plaintiff wife had purchased a ticket for international air travel fro...
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Stockman Life Insurance Company was organized in South Dakota in 1959 to engage in the business of underwriting policies of life, health and accident insurance. In 1964 a merger took place and the name was changed to Stockman National Life Insurance Company (hereinafter known as Stockman). *1203 Denver National Life Insurance Company (hereinafter known as Denver) was a similar ins...
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DECISION and ORDER The defendants have moved to dismiss this action which alleges a deprivation of the plaintiff’s civil rights pursuant to 42 U.S.C. 1983. The plaintiff appears pro se and in forma pauperis. The defendant Roger W. Crist is described as the associate warden in charge of security at the prison; the defendant William Schlie is alleged to be a lieutenant at the prison. The court ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a suit against the Secretary of Health, Education and Welfare under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision by the Secretary denying plaintiffs’ application for payment of children’s insurance benefits under sections 202(d) and 216(e) of the Act, 42 U.S.C. §§ 402(d), 416(e). Th...
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SUPPLEMENTARY OPINION In my decision dated July 30, 1971, 331 F.Supp. 16, I stated that unless the parties stipulated to the amount of compensation to be paid by defendant City of New Haven to certain individual plaintiffs for the easement in their properties which I found to have been taken, I would hold a further hearing at which both sides might offer testimony on that subject. No stipulatio...
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*1227DECISION AND ORDER At the outset, the plaintiff moved this Court for an order disqualifying the United States Attorney from representing the defendant, William H. James, upon the ground that the United States had no interest to protect in the pending suit. It was urged that any judgment recovered against the defendant would not “expend itself on the public treasury or interfere with the admi...
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MEMORANDUM OPINION Matthew Winters, the petitioner, on October 21, 1963, entered a plea of guilty in the Circuit Court of Holmes County, Mississippi, to a charge of murder, was convicted upon such plea, and on October 24, 1963, was sentenced by the Circuit Court of Holmes County to life imprisonment. Petitioner is presently confined at Mississippi State Penitentiary, Parehman, Mississippi, purs...
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OPINION AND ORDER A motion to amend a complaint to add a party defendant raises a heretofore undiscussed problem of federal jurisdiction under the Miller Act.1 Santa Fe Engineers, Inc., a prime contractor subject to the terms of the Miller Act, employed a subcontractor, Mae-con, Inc., to do a portion of the work. Maecon, Inc. in turn subcontracted a portion of the work to Falls Construction Compan...
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OPINION Plaintiff, the President of Local 400, Sheet Metal International Association, AFL-CIO (Local 400) moves this court for a preliminary injunction enjoining defendant, Ivan McLeod, Regional Director of the Second Region of the National Labor Relations Board (Regional Director), from conducting a representation election under Section 9 of the National Labor Relations Act (29 U.S.C. § 159), pen...
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The above entitled action having been fully tried before me on October 5 and 6, 1971, I now make the following findings of fact and reach the following conclusions of law with respect thereto: FINDINGS OF FACT 1. This plenary action was brought by Armende Lesser, as Trustee of R.B. M. Cleaners, Inc. and Hy-Mac Cleaners, Inc., bankrupts. Plaintiff Lesser is the Trustee in a bankruptcy proceedi...
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MEMORANDUM OPINION AND ORDER This is a pro se application by the petitioner Mr. Frazier for the federal writ of habeas corpus, in which he claims that he is in custody of the respondent pursuant to the judgments of the Criminal Court of Sullivan County, Tennessee in violation of the federal Constitution. 28 U.S.C. § 2254(a). In gist, the petitioner complains that he was convicted and sentenced wro...
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MEMORANDUM OPINION AND ORDER Plaintiff Linda R. S. brings this suit “on behalf of herself, her minor daughter, and on behalf of all other women and minor children who have sought, are seeking, or in the future will seek to obtain support for socalled illegitimate children from said child's father.” Named as defendants are Richard D., the alleged father of plaintiff’s child; the State of Texas; Dal...
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DECISION and ORDER The amended complaints in the above-entitled actions alleged that U-Profit, Inc. entered into a contract with the defendant Bromley Ltd., Inc. under which U-Profit was made the exclusive United States distributor of truck washing machines to be supplied by Bromley. U-Profit, in turn, executed a contract with Truck-O-Matic, Inc., whereby Truck-O-Matic was made the “sole sales, s...
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OPINION In this diversity action, brought under Sections 50 and 51 of the New York Civil Rights Law, plaintiff Pola Negri, the motion picture actress, seeks damages from defendant Schering Corporation for using a photograph of her without her consent in an advertisement for defendant’s pharmaceutical product, Polaramine Repetabs; Plaintiff has moved pursuant to Rule 56, Fed.R.Civ.P. for summary...
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MEMORANDUM This class action by prisoners of the Virginia Penal System is brought against defendants charged with the powers and duties encompassing the maintenance and supervision of the correctional system of the Commonwealth of Virginia. The jurisdiction of the Court is acquired pursuant to 28 U.S.C. §§ 1343(3), (4), 2201, and 42 U.S.C. §§ 1981, 1983, 1985. *626 Defendant...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW These consolidated actions came before this Court on June 15 and 16, 1971, for trial without a jury. Now, upon consideration of the evidence and the arguments of counsel, the Court finds as follows: FINDINGS OF FACT 1. These consolidated actions 1 concern the trust fund portion of the employment taxes which were assessed against, but left unpaid by,...
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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. A decision by a hearing examiner on February 2, 1971, became the final decision of the Secretary when the Appeals Council denied plaintiff’s request for review on April 20, 1971. This final decision holds that plaintiff is not entitl...
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JUDGMENT Upon consideration of plaintiffs’ verified complaint, the admission in open court on 29 June 1971 by the United States Attorney for the Southern District of Florida and counsel for the Small Business Administration that there is no issue of material fact respecting the allegations set forth in said verified complaint and that there are present only legal issues to be determined by the ...
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MEMORANDUM OPINION MOTION FOR SUMMARY JUDGMENT This is an action to recover funds owed by defendants to plaintiff. Murphy Carpet & Furniture, Inc., of which defendants Murphy and Rieger were sole shareholders, was indebted to plaintiff on May 22, 1970 in the amount of $23,825.65 and in consideration for the extension of further credit and the forbearance from collection of the amount...
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MEMORANDUM This is an action before a three-judge court, convened pursuant to 28 U.S.C. Section 2284, seeking to invalidate and declare unconstitutional KRS 383.040 and KRS 383.050. Complaint is made that said statutes permit the seizure and sale of property by landlords pursuant to a distress warrant without prior opportunity being afforded tenants to be heard. *4 The perti...
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OPINION SUSTAINING PLAINTIFF’S MOTION This action is before the Court on plaintiff’s motion for a summary judgment. Plaintiff, a Mississippi resident, filed this suit against his employer, An-Son Corporation, a non-resident of Mississippi qualified to do business in Mississippi. Plaintiff claims that on December 3, 1968, he was injured while performing his duties as a seaman on a vessel in navi...
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In a juvenile delinquency proceeding the plaintiff, Robert Murray, was found to have committed acts which, if committed by an adult, would constitute the crimes of robbery, burglary, menacing, possession of a dangerous weapon, and rape. On appeal to the Appellate Division, the finding with regard to rape was reversed; all other findings were affirmed. A three-year commitment to Elmira Reception C...
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OPINION The petitioner in this proceeding under 28 U.S.C. § 2255 was sentenced on January 14, 1966, to concurrent five-year terms (the mandatory minimum) following his conviction on two counts for violations of 21 U.S.C. §§ 173 and 174. With credit for “good time” and for time in custody before the date of sentence, he was mandatorily released, and thus placed in the status of a parolee, on Januar...
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MEMORANDUM The plaintiffs in the instant case are four female recipients of public assistance from the Department of Social Services of Westchester County. 1 Defendant Crossroads Associates is a partnership organized under the laws of the State of New York which owns and operates a residential project in Peekskill New York, known as “The Crossroads”, situated on a part of the s...
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OPINION Plaintiff Nichimen Company, Inc., of New York, N. Y., instituted this action for cargo damage against the MV FAR-LAND, her owner A/S Vigra (“Vigra”), and the time charterer Seaboard Ship *693 ping Co., Ltd. (“Seaboard”). The issues were tried before the court without a jury. Plaintiff, a wholly owned subsidiary of Nichimen Co., Ltd., purchased 280 coils of steel ...
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MEMORANDUM OF DECISION AND ORDER Plaintiff moves for a preliminary injunction. The defendants Marjo, Inc., Marvin E. Roseberry, Jo Roseberry, Finelle Industries, Maurice Feigenbaum, Dorothy L. Feigenbaum and Hal Hoham move to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure claiming lack of subject matter jurisdiction and lack of original jurisdiction (...
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*170ORDER Each of the petitioners was arrested on or about June 10, 1971, and charged in the General Court of Justice of New Hanover County with violations of the North Carolina anti-riot statute. Prior to trial in the state court they filed a petition for removal under 28 U.S.C. § 1443(1) in the United States District Court for the Eastern District of North Carolina. The North Carolina General St...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER This is a civil action by the United States of America to reduce to judgment certain federal income tax assessments against Robert N. St. Mary (hereinafter sometimes Taxpayer), and Margaret E. St. Mary; to set aside certain conveyances by the Taxpayer of his 50 percent interests in the stock of both Rosslyn Realty Company and Lehi...
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OPINION This is a civil rights action brought by a resident taxpayer of the Wyoming Valley West School District seeking injunctive relief with respect to the composition of the Wyoming Valley West School Board. Plaintiff alleges that the District has been divided into nine regions, with each region electing one member of the Board, and that the regions are grossly disproportionate in population...
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MEMORANDUM OPINION The plaintiff, Schwinn Bicycle Company, an Illinois corporation with its principal place of business in Chicago, Illinois, sues the defendant, Murray Ohio Manufacturing Company, an Ohio corporation with its principal place of business in Nashville, Tennessee, alleging the infringement of a United States trademark, No. 570,518, in violation of 15 U.S.C. § 1051 et seq. Ju...
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OPINION Petitioner, Earshel Howard Sims, was convicted of murder in the second degree and sentenced to twenty years’ imprisonment by a jury in the Circuit Court of Bland County, on October 30, 1968. He has filed, in forma pauperis, a petition for a writ of habeas corpus, pursuant to the provisions of 28 U.S.C. § 2241. On October 26, 1967, Mrs. Edith Spade was fatally shot in the back inside the do...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus filed in forma pauperis by Ralph Clifford Wood, a state prisoner, pursuant to 28 U.S.C. § 2241. The petition was originally filed in the United States District Court for the Eastern District of Virginia and was then transferred to this court by order dated August 20, 1971. Petitioner has been confined...
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MEMORANDUM OPINION In this action the First National Bank of Fort Smith, Arkansas, seeks review of an order entered August 16, 1971, by the Referee in Bankruptcy allowing the claim of the First National Bank as a common claim but disallowing the claim as a secured claim. On December 16, 1970, the petitioner, First National Bank, filed its claim against Factory Homes Corporation in th...
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OPINION AND ORDER I This action is brought under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review two final decisions of the Secretary of Health, Education and Welfare denying separate claims to child’s insurance benefits under § 202(d) of the Act, 42 U.S.C. § 402(d). The first claim was asserted by Ethel L. Watts on behalf of Patricia and John T. Sumlin, minors; an...
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OPINION This is a civil antitrust action brought by N. W. Controls, Inc. (“N.W.”) against the Outboard Marine Corporation (“0. M.C.”). The plaintiff, N. W., is a Pennsylvania corporation with its principal place of business at Vernfield, Pennsylvania. It manufactures and sells remote control cables and control boxes for use on outboard and stern drive boat engines, snowmobiles, and o...
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In this action for a federal income tax refund, plaintiff has moved for judgment in its favor on the ground that this Court’s previous order granting plaintiff a partial summary judgment disposed of all the issues in the action. See Hall Paving Co. v. United States of America, Civil Action No. 1843 (N.D.Ga. 26 August 1971) (I.R.C. § 269 does not prohibit the offsetting of actual post-affiliation l...
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MEMORANDUM OPINION MOTION TO DISMISS This is a multi-faceted suit, involving several plaintiffs and plaintiff organizations who allege that their civil rights under various Federal Statutes and the Constitution of the United States have been violated and that the property rights guaranteed by the Constitutions of the United States and Illinois have been similarly violated. This suit ...
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FINAL JUDGMENT ORDER ON REMAND Before CUMMINGS, Circuit Judge, ROBSON, Chief Judge, and PERRY, District Judge. This cause was originally before us in Pollion v. Lewis, 320 F.Supp. 1343 (N.D.Ill.1970). There, over the dissent of Chief Judge Robson, this Court held that the provisions of the Illinois Safety Responsibility Law, Ill.Rev.Stat.1969, ch. 951/2, § 7-101 et seq. (as most recently amended, ...
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MEMORANDUM OPINION This is an appeal by plaintiff, First National Bank of Southaven, at Southaven, Mississippi (First National), from an adverse decision by defendant, Comptroller of the Currency (Comptroller), denying Southaven's simultaneous applications to move its main office from Southaven to Hernando, a distance of 12.5 miles within DeSoto County, Mississippi, and to retain its pres...
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OPINION AND ORDER Doty, a citizen of Montana, a qualified voter, a Democrat, and a precinct com *50 mitteeman in Cascade County, seeks by this action to require the Democratic Party in Montana 1 2to abide by the one-man, one-vote principle in certain phases of its activities. The structure of the Democratic Party in Montana is established by lavs' 2 and the rules of the Party. The law p...
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MEMORANDUM OF DECISION The petitioner, Larry LeDent, is currently incarcerated in the Nebraska Penal and Correctional Complex. He is serving a 4 to 5-year sentence imposed by the District Court of Douglas County, Nebraska, after a jury found him guilty of possession of marijuana. Le-Dent now seeks relief through a petition for writ of habeas corpus. Oral arguments on the respondent’s moti...
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This action was brought to recover old age insurance benefit payments under § 202(a) of the Social Security Act, 42 U. S.C. § 402(a) (1970). The plaintiff applied for benefits under the Act, and although he was found qualified to receive such benefits, deductions were taken for those months in which the plaintiff’s hours of work exceeded limits prescribed by the regulations. The plaintiff’s reques...
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MEMORANDUM This is an action brought by the seller of aluminum rods against the buyer, on three causes of action: one on a contract of sale, one on a theory of goods sold *773 and delivered, and one on a sight draft in connection therewith. The amount in dispute is alleged to be $29,360.52. The action was originally brought in the New York State Supreme Court, New York C...
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On March 25, 1971, the plaintiffs instituted a lawsuit against the defendants seeking an order of this court permitting press interviews of inmates in New York State correctional facilities. During the summer of 1971, the parties voluntarily discussed the issuance of rules permitting press interviews, and, on July 15, 1971, the Department of Correctional Services issued “Administrative Bulletin #...
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This is an action brought by an unsuccessful bidder on a Government contract against two contracting officers of the United States Navy, The Secretary of Labor, the successful bidder and the United States. It is alleged that jurisdiction is conferred by 41 U.S.C. § 35. That is not a jurisdictional section but the Court will assume jurisdiction under 41 U.S.C. § 43a which does confer a “right of j...
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OPINION I. On May 1, 1968, the Spectrum Arena, Inc., (hereinafter referred to as the “Debtor” or the “Spectrum”) was involuntarily placed in reorganization under the Bankruptcy Act of July 1, 1898, Chapter X (11 U.S.C. § 501 et seq.). After three years of superb management, the Trustees, Harvey N. Schmidt, Esquire, and William David Webb, Esquire, have so revitalized the business tha...
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OPINION Much of the factual history of this case is contained within the memoran*848dum opinion in a related case, Virginia National Bank v. Commonwealth of Virginia ex rel. State Corporation Commission et al., D.C., 320 F.Supp. 260, decided December 8, 1970.1 For convenient reference, the prior opinion of this Court is incorporated as a part and parcel of this opinion. Since December 8, 1970, th...
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OPINION Plaintiff is a nurse formerly employed by the defendant Alfred I. DuPont School District. The defendants are the school district, the superintendent and members of the Board of Education of the district, the individuals having been sued in both their official and individual capacities. The complaint alleges that defendants have violated her substantive and procedural due process and equ...
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MEMORANDUM AND ORDER ON MOTION TO VACATE JUDGMENTS OF CONTEMPT AND COMMITMENT These two witnesses before the Special February 1971 Grand Jury move to vacate judgments of contempt and commitment entered against them by this court on May 25, 1971. For the reasons stated below, this court is of the opinion the motion should be denied. These witnesses invoked the Fifth Amendment in refusing to testify...
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MEMORANDUM AND ORDER This matter having come to be heard upon plaintiffs’ motion for a preliminary and permanent injunction and declaratory judgment, supported by affidavits and a hearing held October 27, 1971, and it appearing to the Court that the defendants, Georgia Darrall and Martha Scohy, have, prior to October 1, 1971, *139 denied plaintiffs and other members of the class the right to ...
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MEMORANDUM OF DECISION AND ORDER This case is now before the court upon a motion for summary judgment filed on July 25, 1971 by plaintiff Ronald M. Hiatt on behalf of himself and a subclass consisting of all present and future unemployed workers who have registered for employment referral with the Indiana Employment Security Division and have been determined to be eligible for unemployment paym...
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OPINION This action comes before this court upon a bankrupt’s petition for review of a referee’s ruling denying petitioner a discharge under the provisions of Title 11 U.S.C. Section 32c (3), which is Section 14c(3) of the Bankruptcy Act. The following facts appear substantially uneontradicted by the record or the findings of the referee. Petitioner, Glen McDowell, operated in business as a sole p...
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MEMORANDUM OPINION On November 23, 1967 Gulf Coast Drilling and Exploration Inc., a corporation, which by merger on June 18, 1970 became known as America Southwest Corporation (both of which shall hereinafter be referred to as plaintiff), was issued insurance policies designated as an “Oil & Gas Well Drilling Tool Floater” by Underwriters at Lloyds, London 1 and by the Institut...
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Memorandum Opinion on Defense of Extortion and Discovery of FBI Files I. Defendants are charged in Counts One through Four of a five-count indictment with violating 18 U.S.C. § 1952, the Travel Act, by using the facilities of *1048interstate commerce with intent to promote the commission of the offense of bribery, in violation of the laws of Pennsylvania, and thereafter carrying out that intent,...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. This action was brought by plaintiff, Charles Norman (“Norman”), against defendants Columbia Broadcasting System, Inc. (“CBS”) and Stephan Chodorov (“Chodorov”) for alleged copyright infringement of Norman’s biography entitled, “Ezra Pound,” by a television show entitled, “In Search of Ezra Pound,” broadcast in February and March 1966 in t...
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OPINION AND ORDER This matter is before the Court on the motions to dismiss of the defendants Limbach Company, Local 189 of the Plumbers & Steamfitters International Union, AFL-CIO (Local 189), and the Joint Apprenticeship Council of Local 189, Plumbers & Steamfitters International Union (Joint Apprenticeship Council) and the memoranda of the parties. This action is brought under the...
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MEMORANDUM AND ORDER Defendant, James J. Tuggles, is charged with aiding and abetting the commission of a bank robbery in violation of 18 U.S.C. § 2113(a) and (b), and § 2. The defendant claims that a two-dollar bill was taken from him by an illegal search and seizure, and that certain statements were obtained illegally by the police and the F.B.I. He has moved to suppress the use of this evide...
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OPINION and ORDER The plaintiff Ulbrick had applied on November 9, 1968, to the Social Security Administration for determination of a disability period and for disability insurance benefits under 42 U.S.C.A. §§ 416(i) and 423. The Bureau of Disability Insurance advised plaintiff on May 12, 1969, that his application had been denied. Plaintiff’s request for reconsideration resulted in an affirmati...
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*996MEMORANDUM AND ORDER This case comes before the court on a motion by a state prisoner for reconsideration of an order refusing a writ of habeas corpus. On October 12, 1971, I dismissed the petition of Edward Bartkowski because he had failed to exhaust state remedies available under Pennsylvania’s Post Conviction Hearing Act, 19 P.S. § 1180-1 et seq. Bartkowski again asks that the writ be issue...
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MEMORANDUM AND ORDER This case is before the Court on defendant Puerto Rico Ports Authority’s amended motion to dismiss, which alleges that the Authority exercises governmental functions and is the alter ego of the Commonwealth of Puerto Rico and thus immune from suit in this court unless consented to. Defendant did not demonstrate that its specific activities which gave rise to this case are g...
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MEMORANDUM This is a tax refund action in which the plaintiffs seek to recover $219 paid as federal income taxes for the calendar year 1968, plus statutory interest. Jurisdiction is conferred by 28 U.S.C. § 1346(a) (1). The statutes involved are §§ 61 and 105(d) of the Internal Revenue Code, which are set forth in Appendix A to this Memorandum. The regulations involved are Treasury Regulations 1.1...
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MEMORANDUM AND ORDER The Socialist Workers Party of Houston and four affiliates of that party bring this suit for relief from and redress of the deprivation of federal Constitutional rights, particularly those of due process and equal protection guaranteed by the Fourteenth Amendment. Plaintiffs’ action arises under § 1 of the 1871 Civil Rights Act, 42 U.S.C. § 1983, this Court being asked to r...
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Opinion and Order: This case is presently before this one-judge court after a three-judge court disallowed itself in regard to plaintiffs’ attack on the Texas Election Code art. 13.53, V.A.T.S. As the three-judge hearing clearly established, article 13.-53 is merely permissive enabling legislation. This part of the Election Code could not have been violated by the defendants and does not crea...
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MEMORANDUM AND ORDER This is a civil action against the United States for recovery of federal income taxes allegedly collected by and paid to the District Director of Internal Revenue erroneously and illegally. The Court has jurisdiction of this action under § 1346 of Title 28, U.S.C. Plaintiffs herein, Dallas West and Frances West, are husband and wife who were residents of the Stat...
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ORDER Plaintiff, John Dollens, brought this suit for damages against his employer, Public Belt Railroad Commission, under the Federal Employers’ Liability Act.1 Shortly before trial, plaintiff withdrew his request for jury trial, and this matter was tried before the Court on September 30, 1971 and October 20, 1971. For the following reasons, the Court holds that plaintiff failed to meet his burden...
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MEMORANDUM This matter is before the court on the plaintiff’s motion to compel production of documents, filing No. 10. The plaintiff is suing the United States for recovery of allegedly erroneously assessed deficiencies in the plaintiff’s tax returns for the calendar years 1958 and 1959. The plaintiff taxpayer has requested production of certain Internal Revenue Service documents, consisting of: ...
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MEMORANDUM AND ORDER Petitioner, Gary G. Rush, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq., challenging the legality of his detention in the New Jersey State Prison at Leesburg, where he is confined to life imprisonment, upon conviction of a felony-murder. Petitioner’s state court remedies on direct appeal have been exhausted, State v. Ordog and Rush, 45 N.J. 347, 212 A...
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This class action was commenced by New York recipients of unemployment benefits seeking a declaratory judgment that New York Labor Law §§ 597, 598, and 620 (McKinney’s Consol.Laws, c. 31, 1965) violated the due process clause of the fourteenth amendment and § 303(a) (1) of the Social Security Act, 42 U.S.C. § 503(a) (1) (1970), “insofar as [those sections] authorize the suspension or termination ...
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Memorandum of Decision and Order This is an action brought pursuant to § 205(g) of the Social Security Act (42 U.S.C. § 405(g)) to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for a period of disability and disability benefits. Plaintiff moved for summary judgment directing the Secretary to pay disability insurance benefits from March...
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MOTION FOR INSPECTION AND COPYING UNDER RULE 16(a) OF F.R.CR.P. The defendant, an agent of a pension fund, has been indicted in seven counts for conspiracy to solicit kickbacks in violation of 18 U.S.C. §§ 1954, 1341 and 1343; for the substantive offense of agreeing to receive and receiving a kickback in violation of § 1954; and for the substantive offenses of mail and wire fraud in violation of §...
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MEMORANDUM This matter was before the Court for a hearing on a Petition for a Preliminary Injunction on October 22, 1971. Prior to the hearing, defendant moved for a judgment on the pleadings, which motion we treated as a motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure. Said motion was held under advisement and testimony on the merits was presented. Now, for the reasons ...
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OPINION Defendant, Paul Albert Hoffmann, was indicted for refusal to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. When the ease came to trial, the parties stipulated to the admission into evidence of a certified copy of defendant’s Selective Service File and the relevant official minutes of defendant’s local board. Thereupon the Government rested and the defendan...
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MEMORANDUM OPINION The plaintiff has moved for a new trial. The suit was brought under the Pennsylvania Wrongful Death Statute, Pa.Stat. tit. 12, § 1602 (1953), and the Survival Statute, Pa.Stat. tit. 20, § 320.-601 (1950) and jurisdiction is founded upon diversity. After a bifurcated trial, the jury rendered a verdict for all defendants on the question of liability. *1401 T...
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MEMORANDUM OPINION, ORDER AND CERTIFICATE This is a pro se application for the federal writ of habeas corpus which was revived by the motion of the applicant. He claims that he is in the custody of the respondent pursuant to the judgment of the Criminal Court of Sullivan County, Tennessee, and that he was convicted thereunder in violation of his federal *1316constitutional right to be secure in hi...
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MEMORANDUM DECISION This cause concerns a judicial review of determinations of officials of the United States Army in the matter of a procurement contract sought through an invitation to bids from appropriate suppliers. The plaintiff is Pace Company, a Division of Ambac Industries, Inc. Ambac Industries, Inc., is a New York corporation and Pace Company is a separate division having i...
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*71MEMORANDUM OPINION AND ORDER Plaintiff, The Atlantic Mutual Insurance Company, is a workmen’s compensation carrier and has filed suit in this court against the claimant, Ervin Mitchell, who is an employee of Plains Cooperative Oil Mill. Plaintiff is a foreign corporation and the employee and his employer are both citizens of the State of Texas. The suit was to set aside the award by the Indust...
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MEMORANDUM AND ORDER Petitioner, Johnny Lee Faulks, is a prisoner in state custody, pursuant to judgment and sentence of the 140th District Court of Lubbock County, Texas, in Cause No. 8364 styled The State of Texas vs. Johnny Lee Faulks. Petitioner was charged by indictment with the felony offense of attempted burglary, enhanced by two prior convictions. Upon jury trial he was found guilty and wa...
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PRETRIAL MEMORANDUM AND ORDER NUMBER I Late on the Friday afternoon of August 7, 1970, there fell upon this Court’s docket a desegregation suit brought by the United States against the independent school districts of the Texas communities of Galena Park, Katy, Klein and Madison-ville. Also joined as defendants were the superintendents of these school districts, as well as the Texas Educat...
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OPINION The petitioner, Matthew Hairston, Jr., was convicted of first degree murder and sentenced to life imprisonment in the Virginia State Penitentiary by the Circuit Court of Pittsylvania County on February 9, 1949. No appeal was taken from this conviction. The petitioner filed a petition for a writ of habeas corpus in the Circuit Court of Pittsylvania County on May 13, 1970. The petition *...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Upon consideration of the pleadings, motions and the record in this action, as well as the arguments of counsel, on brief and orally, the Court finds and concludes, and adjudges, orders and decrees thereon, as follows: 1. The motions of Bethany Woodward and Linda Cayton to intervene herein as plaintiffs are granted. 2. This is not a class action with...
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MEMORANDUM OPINION AND ORDER The defendants in the above entitled and numbered case have been indicted *316 by a Grand Jury in the Northern District of Texas for the violation of Section 1955, Title 18, United States Code, the prohibition of illegal gambling businesses. Defendants have duly filed their motion to dismiss the indictment. The crux of the motion by the defendants is that the Co...
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JUDGMENT OF ACQUITTAL AND ORDER CONDITIONALLY GRANTING DEFENDANT’S MOTION FOR RETURN OF PROPERTY A trial having been held on the Indictment filed herein charging the defendant, Agop Kismetoglu, with the commission of a violation of Title 18, United States Code, Section 545 (Smuggling goods into the United States), and the jury having returned a verdict of guilty, the defendant has moved for judgme...
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OPINION IN SUPPORT OF ORDER DENYING INJUNCTION In this litigation Plaintiff Union, the Amalgamated Meat Cutters 1 suing on its own behalf and on behalf of its affiliated local unions, attacks the constitutionality of the Economic Stabilization Act of 1970 (Act 2 ), contained in *743 Title II of Public Law 91-379, 84 Stat. 799, and appended as Annex A, an...
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OPINION This case is presently before the Court on the motions of both defendants for summary judgment against the plaintiffs, Denny L. Hood and Harriet C. Hood (“Hoods”), and the motion of the defendant Ernest S. Wilson (“Wilson”) for summary judgment on the cross-complaint of the defendant Raymond L. Mc-Conemy (“McConemy”) for indemnification and contribution. The action is based upon alleged l...
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ORDER The government seeks to judicially enforce a summons issued to respondents by Special Agent Goode under the authority of Sections 7402(b) and 7604(a) of the Internal Revenue Code of 1954. It has moved for an order to compel the production of certain daily proof journals and related documents which it wants in order to ascertain the answer to a question posed by Goode to Respondent Long and ...
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ORDER On motion for reconsideration defendants now concede that the clause in Atlanta, Ga.Code § 5-48 (1965) which states that “due cause” for the revocation of a liquor license shall consist of the violation of any state law is over-broad and unconstitutional. However, they contend the court glossed over that part of § 5-48 which states: “ ‘Due Cause’ for the suspension or revocation of such lice...
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ORDER This is the first of four pro se mandamus petitions which have been filed by plaintiff. Two of the petitions relate to problems growing out of plaintiff’s personal financial affairs. 1 The other petitions relate to plaintiff’s eviction from his former residence 2 and his subsequent inability to find suitable housing through a federal agency. 3 While plaintiff may in fact have some s...
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*1352 MEMORANDUM OPINION The initial issues presented by defendants’ motions to suppress handwriting exemplars given by them to the grand jury that brought the instant indictment against them are (1) did the decision of the United States Court of Appeals for the Seventh Circuit in In Re Dionisio, 442 F.2d 276 (7th Cir. 1971) announce a new rule of law as opposed merely to applying an old rule...
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Defendant registered with his local draft board No. 37 December 21, 1965. After a series of II-S (student) classifications, on July 10, 1970 he was classified I-A on a vote of 3-0 by his local board. August 31, 1970 he was ordered to report for induction on September 21, 1970 at which time he reported but refused induction. He asserted that he was not satisfied with his previous medical examinati...
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OPINION This is an action for infringement of United States Patent No. 3,233,512, issued February 8, 1966 to plaintiff Sidney O. Sampson. The patent is entitled “STEREO TAPE CONTROL APPARATUS FOR A SLIDE PROJECTOR,” and the invention which it embodies is an educational device combining a tape recorder and slide projector. There is jurisdiction and venue under 28 U.S.C. §§ 1338(a) and 1400...
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OPINION AND ORDER Before the Court in this personal injury action are defendants’ post-trial motions. The action arose out of an accident at a construction site on July 24,1965, when a high-lift loader overturned and crushed plaintiff’s decedent, the loader’s operator. Defendant Ransome was the dealer who sold the machine to the contractor, Guido Carl Recchia, the third party defenda...
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MEMORANDUM OPINION AND ORDER Petitioner filed a Motion for Reconsideration of an Order of this Court, dated July 12, 1971, denying a “Petition for *47 redress and a Writ of Habeas Corpus Ad Testificandum”, where the petitioner requested the Court to set aside a plea of guilty entered by him in the criminal proceedings to which he was a party and to vacate the sentence imposed in view of said ...
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OPINION AND ORDER This is a civil rights action seeking injunctive and declaratory relief on the grounds that 3 V.S.A. § 262 (Supp. 1971) violates the equal protection clause of the fourteenth amendment and the supremacy clause of article VI of the United States Constitution. This Vermont statute prohibits state employment of all aliens, with certain exceptions not here relevant. 1 ...
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FINDINGS OF FACT 1. The alleged offense in this matter occurred on or about October 3, 1965, on or near the highway which runs through the Wind River Indian Reservation. 2. The defendant was arrested on October 3,1965, and was taken before the United States Commissioner, where he requested a preliminary hearing. The preliminary hearing was held on October 27, 1965, and the Commissione...
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RULING ON DEPENDANT’S MOTION FOR SUMMARY JUDGMENT The defendant has moved for summary judgment pursuant to Rule 56, Fed. R.Civ.P. This is an action under § 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405 [g]), to test the correctness of the “final decision of the Secretary of Health, Education and Welfare” denying disability payments to the plaintiff. All available administrative ...
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OPINION This is an action to suspend and set aside the compensation order rendered by *431 the defendant, Raymond E. Neuman, Deputy Commissioner, Bureau of Employees’ Compensation, United States Department of Labor, 7th Compensation District, in case number 7-10702, entitled “Frank McCray versus Mid-Gulf Stevedores, Inc. and Argonaut Insurance Company”. The suit arises o...
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OPINION This action was instituted by Mahlon Green, a registered elector and resident of the City of Plymouth, Michigan, individually and for all others similarly situated. Defendants McKeon, Slider, and Lowe, are respectively the Mayor, the Clerk of the City, and the City Attorney of Plymouth and simultaneously all three serve as members of the Defendant Elections Commission of the City....
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MEMORANDUM AND ORDER This is an action brought by stockholders for damages against a corporation and its principal officers and directors who allegedly manipulated stock prices to their own advantage by misleading investors. Prior procedural incidents have already been described. See, e. g., Dolgow v. Anderson, 438 F.2d 825 (2d Cir. 1970) ; 43 F.R.D. 21 (E.D.N.Y.1967); 43 F.R.D. 472 (E.D.N.Y. 196...
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MEMORANDUM OF DECISION AND ORDER PRELIMINARY STATEMENT Subsequent to the decision of the Supreme Court in Swann, et al., v. Charlotte Mecklenburg Board of Education, et al., 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (April 20, 1971), the defendants requested this court to authorize them to abandon the Finger plan which the Supreme Court had just approved, and to substitute in its place for 19...
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MEMORANDUM AND ORDER This is an action seeking review of a decision of the Secretary of Health, Education and Welfare, denying plaintiff an application for disability insurance benefits under Sections 216 (i) and 223(d) of the Social Security Act, as amended. Title 42, United States Code, Sections 416(i) and 423(d). Plaintiff, a former agricultural laborer and an unskilled factory wo...
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*782MEMORANDUM OPINION AND ORDER Responsive to this Court’s order of June 25, 1970 for the respondent to show cause why the federal writ of habeas corpus should not be granted herein, he claims that the questions presented herein have been determined by Tennessee courts of competent jurisdiction, as evidenced by written opinions, after consideration of the merits of the factual issues in a proceed...
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MEMORANDUM OPINION AND ORDER This is a pro se application for the federal writ of habeas corpus by the petitioner Mr. Morelock, who claims that he is in the custody of the respondent pursuant to the judgments of the Criminal Court of Hawkins County, Tennessee, in violation of his right, inter alia, against self-incrimination and to the equal protection of the law. Constitution, Fifth Amendment. 28...
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In this school case, the judicial power of this Court can be invoked only on a showing of discrimination violative of the constitutional standards declared in Brown v. Board of Education of Topeka, 374 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954). “The constitutional command to desegregate schools does not mean that every school in every community must al *148 ways reflect the racial compositi...
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These eases involve plaintiff tavern operators who prior to July of this year held liquor licenses duly issued by the defendant City of Kenosha pursuant to Wis. Stats. Chapter 176. This past June the defendant refused to renew these licenses. Plaintiffs allege with regard to the defendant’s refusal to renew that (1) the procedure used by the city council in passing on the license applications vio...
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MEMORANDUM OPINION AND ORDER This is a companion case to Bruno v. Kenosha, et al., 333 F.Supp. 726 (E.D. Wis.1971), decided earlier today. Procedurally and factually it is identical with those eases except that this action was commenced on July 8, 1971, and on that date this court entered an ex parte temporary restraining order. For the reasons set out earlier today in my opinion in Bruno v. Kenos...
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MEMORANDUM OPINION AND ORDER This is a companion case to Bruno v. Kenosha, et al., 333 F.Supp. 726 (E.D. Wis.1971), decided earlier today. Proceeedurally and factually it is identical with those cases except that at the June 7, 1971, meeting of the city council of Kenosha, the plaintiff was granted a license after she stated “that she no longer has or had for quite some time topless and bottomless...
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MEMORANDUM' OPINION AND ORDER These are companion cases to Bruno v. Kenosha, 333 F.Supp. 726 (E.D.Wis. 1971), decided earlier today. Procedurally they are identical with those cases. The parties using Rule 36 of the Federal Rules of Civil Procedure have agreed to the following facts. The plaintiffs are the owners and operators of taverns in Racine, Wisconsin. In 1970 they were granted Class “B” R...
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*736MEMORANDUM OPINION AND ORDER This is a companion case to Bruno v. Kenosha, et al., 333 F.Supp. 726, (E.D. Wis. 1971), decided earlier today. Procedurally it is identical with those cases. Factually, it is identical with Robers v. Racine, 333 F.Supp. 733 (1971), decided earlier today except in the following aspects. Reading all the pleadings and admissions of fact together, it appears that McCu...
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MEMORANDUM OPINION AND ORDER This case was consolidated with Bruno v. Kenosha, et al., 333 F.Supp. 726 (E.D.Wis. 1971), and its companion cases for purposes of a motion to vacate the temporary restraining order. This action alleges a cause of action under Title 42 U.S.C. §§ 1981, 1983, and 1985. Jurisdiction of this court is sought under Title 28 U.S.C. §§ 1331 and 1343. On July 6, 1971, after a h...
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ORDER DENYING MOTION TO DISMISS Plaintiffs commenced this action for damages based upon alleged racial discrimination, practiced by defendants in the rental of housing units. Jurisdiction is asserted under the Fair Housing Act of 1968, § 812, 42 U.S.C. § 3612, and 28 U.S.C. §§ 1343(3), 1343(4), and a declaratory judgment is sought pursuant to 28 U.S.C. § 2201. A second claim for relief is based...
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OPINION Plaintiffs move for leave to appeal in forma pauperis from a judgment in favor of the defendants entered upon a jury verdict in this action based on the Civil Rights Act, 42 U.S.C. §§ 1981, 1983, 1985 and 1986. The three original claims asserted stem from the fatal shooting of eighteen-year old John Grisom by Los Angeles policemen in the spring of 1965. Plaintiffs are all hei...
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MEMORANDUM OF DECISION This action, brought for declaratory and injunctive relief, is before the court on plaintiffs’ and defendants’ cross-motions for summary judgment. Plaintiffs Chip Steak Co.; Vao L. Cheney, president of Chip Steak Co.; Western Meat Packers Association; and, L. Blaine Liljenquist, president of the Western Meat Packers Association, bring this action against Cliffo...
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OPINION AND ORDER I This matter is before the Court on cross motions for summary judgment. The plaintiffs are national labor organizations which represent for collective bargaining purposes approximately 650,000 postal employees throughout the United States. The defendant Postal Service is an executive agency of the United States Government. The defendant Winton M. Blount is the Postmas...
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MEMORANDUM This is an action brought under 35 U. S.C. § 145 in which the plaintiff as assignee of a patent application entitled “Corneal Contact Lens with Peripheral Clearance”, Serial No. 539,228, filed December 29, 1965, seeks Court adjudication authorizing the issuance of a patent on Claims 1 through 4 of its application. This application is a continuation of application Serial No. 333,531 file...
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DECISION Plaintiff Potts, a citizen of the United States, was neither a qualified and registered voter in the State of Hawaii nor had he “physically, resided in Hawaii continuously for a period of six months after attaining the age of 15 years” prior to September 13, 1971, when the Hawaii bar examination was scheduled to be given to those seeking to be licensed to practice law in the State of H...
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On July 1, 1968, James Pickering pleaded guilty to possession of marijuana in the Nineteenth Judicial District Court of the State of Louisiana and was sentenced to ten years confinement in the Louisiana State Penitentiary. He filed a petition for a writ of habeas corpus in the state courts which was finally denied by the Supreme Court of Louisiana on September 25, 1970. Having thus exhausted his a...
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OPINION OF THE COURT The Supreme Court has held that this Court improperly exceeded the limited inquiry reserved to a Three-Judge Court under the Voting Rights Act of 1965 when it examined, on the merits, certain changes in election practices in the City of Canton, Mississippi “to determine whether they had ‘a discriminatory purpose or effect’.” Perkins v. Matthews, Mayor of City of Canton, 400...
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The plaintiffs in the above entitled and numbered actions, consolidated for trial by the requesting judge, are claimants of certain “pinball” machines seized by agents of the Federal Bureau of Investigation (F.B.I.). The machines were seized by F.B.I. agents because of the alleged failure of their owners, plaintiffs A. B. Fort (Fort) and Wallace Amusement Company, Inc. (Wallace), to register with ...
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409 F. Supp. 399 (1971) In the Matter of Clayton P. GIBSON. No. 7686. United States District Court, S. D. Mississippi, Jackson Division. October 20, 1971. A. Spencer Gilbert, III, Jackson, Miss., for appellants. Dale Danks, Jr., Robert G. Nichols, Jr., Jackson, Miss., for appellees. RULING ON REVIEW FROM REFEREES' DENIAL OF OPPOSITION TO DISCHARGE NIXON, District Judge. Citizens and Southern Nat...
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MEMORANDUM AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a convicted state prisoner who is currently confined in the Missouri State Penitentiary at Jefferson City, Missouri, has filed in forma pauperis a petition for writ of habeas corpus challenging the constitutional validity of his state conviction and sentence. Leave to proceed in forma pauperis was gran...
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This is a petition pursuant to the United States Arbitration Act, 9 U.S.C. §§ 4 and 5, 1 seeking a court order appointing an arbitrator and directing that arbitration proceed forthwith in the manner provided for in a contract of charterparty. The facts appear to be the following: Petitioner is a Liberian corporation with an office in New York City. It is owner of the S/S Ariston...
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MEMORANDUM This suit grows out of plaintiffs’ efforts to secure documents and records in the possession of the Securities and Exchange Commission (“SEC”) for use by plaintiffs in a pending civil action against Occidental Petroleum Corporation and its officers. The papers are in the custody of the SEC as a result of an investigation of Occidental made by it which had been settled by a cons...
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FINDINGS AND OPINION Plaintiff sues to enjoin the defendant from manufacturing, converting or selling textiles which plaintiff asserts are imprinted with infringing copies of a copyrighted design belonging to plaintiff. Defendant denies infringement, denies copying, and contends that the imprints on its fabrics are of original creations purchased from an independent design studio. Pl...
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OPINION ■ This action is brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The final decision in this case is that of the Appeals Council dated May 26, 1969, denying the plaintiff’s request for the review of a decision rendered by the hearing examiner on April 24, 1969, in which the examiner d...
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MEMORANDUM AND ORDER The defendants have moved to transfer this action pursuant to 28 U.S.C.A. § 1404(a) (1962) from the Eastern District of Pennsylvania to the Eastern Division of the Eastern District of Missouri. This motion is granted. The plaintiffs brought suit on their own behalf, derivatively and as representatives of the class of all present and former common stockholders of American ...
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MEMORANDUM AND ORDER This is an action for infringement of a trademark brought under the Lanham Act, 15 U.S.C.A. § 1051 et seq. and for related unfair competition. The plaintiffs JU-C-Orange of America, (a part *963 nership with its principal place of business in Pennsylvania) and Pennsylvania Dutch Birch Beer, Inc., (a corporation, organized under the laws of Pennsylvania wi...
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OPINION Plaintiffs, members of the Unemployed Workers Union (hereinafter sometimes referred to as U.W.U.), quietly and individually approached persons waiting either in line or seated in a Rhode Island Department of Employment Security (hereinafter sometimes referred to as D.E.S.) office with conversation and fliers about the purpose of their organization and its next meeting date. They did not...
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MEMORANDUM OPINION AND ORDER SUSTAINING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a suit under a life insurance policy issued by John Hancock Life Insurance Company to the husband of Judy K. Blanton. John Hancock has moved for summary judgment. The motion is sustained. The policy in question was dated October 1, 1969. Premiums were due on the first day of each month beginning with Novem...
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OPINION and ORDERS I. ORDER AND RULING ON THIRD-PARTY PLAINTIFF’S VOLUNTARY MOTION TO DISMISS ITS THIRD-PARTY COMPLAINT AGAINST KILODYNE, INC., THIRD-PARTY DEFENDANT. On August 17, 1970, the plaintiffs, Kenrose Manufacturing Co., a New York corporation doing business in Virginia, and a number of its employees who are residents of Virginia, filed a complaint in this court against Fred Whitaker Com...
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*256 DECISION and ORDER The indictment returned against the defendant in this action contains five counts. Count I charges that the defendant, as an employee of the Internal Revenue Service, used his official position to oppress a subordinate, thereby violating 26 U.S.C. § 7214(a) (1). Count II charges the defendant with extortion, a violation of 18 U.S.C. § 872. The remaining three counts of...
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Judge’s 'Memorandum Plaintiffs, comprised of fifty-four former supervisory employees of Union Pacific Coal Company, 1 bring this action against the Coal Company to enforce an oral agreement which was to provide pension benefits to supervisory employees. The case was filed on February 23, 1971, in the District Court for Sweet-water County, Wyoming. On March 29, 1971, de...
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REASONS IN SUPPORT OF JUDGMENT In this suit plaintiff United States of America sought to enjoin the implementation by the school boards of Orleans and Jefferson Parishes of recently enacted increases in teachers’ salaries within their respective jurisdictions. The action was brought pursuant to the Economic Stabilization Act of 1970 1 and Executive Order 11615. 2 It ...
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OPINIÓN On June 22, 1971, this Court .adopted and approved a student assignment plan for the elementary schools of the Jackson Separate Municipal Separate School District for the school year 1971-72 which provides for the infra-city transportation of approximately 4600 students in addition to those for whom inter-city transportation is furnished at state expense. The schools had barely opened...
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333 F.Supp. 966 (1971) The WEBB AGENCY, INC., Plaintiff, v. COMMERCIAL STANDARD INSURANCE COMPANY, Defendant. No. 70 C 561(1). United States District Court, E. D. Missouri, E. D. October 19, 1971. Kenney & Reinert, St. Louis, Mo., for plaintiff. Carter, Bull, Baer, Presberg & Lee, St. Louis, Mo., for defendant. MEMORANDUM MEREDITH, Chief Judge. This cause was tried before the Court witho...
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OPINION Findings of Fact and Conclusions of Law This action for injunctive and ancillary relief was commenced by the SEC on August 16, 1971 pursuant to 15 U.S.C. §§ 77t(b) and 78u(e). Jurisdiction is predicated upon 15 U.S.C. §§ 77v(a) and 78aa. The complaint alleges violations of the anti-fraud provisions of the Securities Laws as to all defendants. 15 U.S.C. §§ 77q(a) and 78j(b)...
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MEMORANDUM AND ORDER Petitioner, Emilio Casias, is a prisoner in state custody, pursuant to judgment and sentence of the 137th Judicial District Court of Lubbock County, Texas in Cause Number 11101, styled State of Texas v. Emilio Casias. The jury found him guilty of the felony offense of robbery by assault on October 30, 1968. The punishment was determined by the jury and the defendant was sen...
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OPINION In this action the plaintiffs challenge the constitutionality of § 70.11(4) and § 71.01(3) (a), Wis.Stats., 1 under the *664 Fourteenth Amendment to the United States Constitution. More precisely, they contend that the State of Wisconsin’s grant of tax exemptions to organizations which discriminate in their membership on the basis of race, some of which org...
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OPINION AND ORDER This is a tort action apparently brought pursuant to Title 28 U.S.C. § 2674 (allowing tort actions to be brought against the United States) asserting that the United States is liable for the death of a National Guard officer who was a passenger aboard a military aircraft which crashed at General Billy Mitchell Field, Milwaukee, Wisconsin. Two of the defendants — the United Sta...
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DECISION and ORDER The plaintiffs in this action seek to enjoin the defendants from allegedly interfering with milk marketing contracts between the plaintiffs and their dairy farmer members. The case originally was brought in a state court and subsequently was removed to this court upon the petition of the defendant National Farmers Organization. The plaintiffs since have moved to remand the ac...
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DECISION and ORDER The plaintiff has moved for an order setting aside the service of the summons and complaint upon one of the defendants, Jerome Ravin. Mr. Ravin, like the plaintiff, is a citizen of the state of Wisconsin, and, thus, his presence would foreclose diversity jurisdiction under 28 U.S.C. § 1332. Metropolis Theater Co. v. Barkhausen, 170 F.2d 481, 484 (7th Cir. 1948). A federal court ...
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OPINION AND ORDER This is an application for writ of habeas corpus pursuant to Title 28 U.S.C. § 2254. Petitioner is presently incarcerated in the Wisconsin State Reformatory, having been convicted of armed robbery (Wis.Stats. § 943.32) and sentenced to an indeterminate term of not more than twelve years in the Wisconsin state prisons. Petitioner took no appeal from his conviction for armed rob...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On June 4, 1969, plaintiffs filed a Complaint in the state courts of Califor *135 nia seeking damages for invasion of privacy, fraud, negligent misrepresentation, and money had and received. The action was properly removed to this court, and on August 20, 1969, defendant Time, Inc. (“Time”) filed its Answer. Time is the only d...
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MEMORANDUM OPINION Plaintiff brings this action to declare two of seven insurance regulations passed by the District of Columbia City Council illegal and to enjoin any action to enforce those regulations. On October 8, 1971 this matter came on for hearing before the Court on plaintiff’s motion for summary judgment and the motion of all defendants for judgment on the pleadings. Plaintiff is a dome...
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*886 ORDER This cause came on to be heard at the Pre-trial conference set by an order dated September 3, 1971. Plaintiff had set for hearing at said conference a petition seeking a temporary injunction restraining the Defendant, United States Housing Authority, from disbursing any funds relating to Project Fla. 66-4, a low-income housing project in the City of Hialeah. Plaintiff, at the Pre...
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A state jury found petitioner, Willie C. Washington, guilty of armed robbery, and the judge sentenced him to thirty years imprisonment on March 7, 1967. No appeal was taken. Three years later he applied for state habeas corpus, and the trial judge denied the writ without holding an evidentiary hearing. The Louisiana Supreme Court denied Writs of Habeas Corpus, Mandamus, and Certiorari on August 31...
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351 F. Supp. 848 (1971) James MOORE et al., Plaintiffs, v. LEFLORE COUNTY BOARD OF ELECTION COMMISSIONERS et al., Defendants. No. GC 71-84. United States District Court, N. D. Mississippi, Greenville Division. October 18, 1971. *849 John C. Brittain, Jr., Jackson, Miss., Johnnie E. Walls, Jr., Greenwood, Miss., David M. Lipman, Oxford, Miss., for plaintiffs. R. C. McBee, James W. Burgoon, Greenwo...
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333 F.Supp. 1183 (1971) The BINKLEY COMPANY, a corporation, Plaintiff, v. TELEDYNE MID-AMERICA CORPORATION, a corporation, Defendant. No. 70 C 513(3). United States District Court, E. D. Missouri, E. D. October 18, 1971. *1184 Sidel, Sandweiss & Kaskowitz, St. Louis, Mo., Alvin H. Juergensmeyer, Warrenton, Mo., for plaintiff. Murphy & Kortenhof, St. Louis, Mo., for defendant. MEMORANDUM ...
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MEMORANDUM OPINION Plaintiff, employed by the defendant Curtiss-Wright Corporation (CurtissWright) from April 3, 1951, until August 30, 1970, 1 and a member, during said term of employment, of the defendant International Union United Automobile, Aerospace and Agricultural Implement Workers of America, Amalgamated Local 669-UAW (the Union), alleges herein racial discrimination i...
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*934 FINDINGS OF FACT AND OPINION In this non jury trial, the defendant is charged with refusal to submit to induction into the Armed Forces of the United States. 1 The defendant appeared at the Induction Center pursuant to a direction from his Local Board, based upon his I-A classification, but refused to comply with the order to take the symbolic one step forward. Th...
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ORDER Under oil and gas leases covering mineral interests owned by Plaintiffs, Defendants have been for many years producing and selling natural gas. This natural gas is not pure but contains certain by-products which Defendants have extracted and sold separately from the gas. Some of these by-products Plaintiffs allege have great value on which Defendants have failed to pay royalties pur...
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OPINION AND ORDER Defendant has moved to dismiss plaintiffs’ cause of action for lack of diversity of citizenship. 1 The present action, instituted under the Wrongful Death and Survival statutes, arises from an automobile accident on August 30, 1969 which resulted in the deaths of plaintiffs’ decedents. Plaintiffs instituted suit in the Court of Common Pleas of Philadelphia Cou...
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OPINION AND ORDER Johnnie Jules and Mary Jackson were adverse claimants to the proceeds of a National Service Life Insurance Policy issued to Charles Jules. Both parties were represented by counsel and ultimately they agreed to a stipulation by which the action was settled. Each party then submitted a proposed judgment providing for payment of an attorney’s fee of 10% of the amount of judgment. Co...
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MEMORANDUM AND ORDER This is a proceeding brought under the authority of Section 407(k) (2) of the National Housing Act (hereinafter referred to as Act), as amended 12 U.S. C.A. § 1730 (k) (2), by the Federal Savings and Loan Insurance Corporation (hereinafter referred to as Corporation) against George J. Hykel and Havertown Savings and Loan Association (hereinafter referred to as Haverto...
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*1070 MEMORANDUM AND ORDER Plaintiff is- before the Court seeking review of a decision of the Secretary of Health, Education and Welfare, denying her application for disability insurance benefits under the provisions of the Social Security Act, as amended, under Sections 216 (i) and 223(d), Title 42, United States Code, Sections 416 (i) and 423(d). Plaintiff is a housewife a...
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MEMORANDUM AND ORDER The defendants’ motions for a new trial pursuant to Federal Rule Crim.P. 33 are premised on the contention that they were denied such effective representation by counsel as to amount to a deprivation of Sixth Amendment Constitutional rights. These defendants together with four others, namely Dennis Raimondi, Thaddeus Bigos, Nicholas Pari and Joseph DiCarlo, were tried joi...
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ORDER Motions to dismiss for lack of jurisdiction by defendants Moulinage et Retorderie de Chavanoz (referred to hereinafter as “Chavanoz”) and Ateliers Roannais de Construction Textiles (referred to hereinafter as “ARCT-Franee”) invite decision in this forum. The issue projected is whether, under the facts displayed before this court the South Carolina contacts of Chavanoz and ARTC-France are ...
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MEMORANDUM ORDER In this case the plaintiff employer, General Cable Corporation, has sought a temporary restraining order and also injunctive relief against the defendant, Local 1798, of the International Brotherhood of Electrical Workers, and its officers, restraining them, and all of those in participation with them, from participating in a work stoppage, and seeking mandatory arbitrati...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter coming on regularly for hearing before this Court upon the mandate of the United States Court of Appeals, Tenth Circuit, 443 F. 2d 422, wherein it was stated that the cause be remanded for further proceedings for equitable and declaratory relief, and the Court having heard and received the evidence adduced on behalf of each of th...
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MEMORANDUM OF OPINION AND ORDER Cooper-Transfer Co., Inc. (hereinafter referred to as Cooper) applied for a certificate of public convenience and necessity under Section 207 of the Interstate Commerce Act 1 to transport general commodities between Jacksonville, Florida and Thomasville, Georgia. The application 2 indicated that Cooper intended to “tack” the auth...
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ORDER AND JUDGMENT The plaintiff, Oil Well Company, operates a chain of gasoline filling stations in Florida, Georgia, Louisiana, and Alabama, including a retail filling station at Auburn, Alabama, which operates under the trade name of “Raceway.” Included as defendants are the Alabama State Department of Revenue, Harvey L. Rabren, as Commissioner of Revenue at the time this suit was filed, and hi...
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MEMORANDUM OPINION At the pretrial conference of October 12, 1971, the defendant, The Hartford Steam Boiler Inspection and Insurance Company, filed its motion supported by memorandum brief, in which it alleged that Employers Insurance Company of Wausau was the workmen’s compensation carrier for the employer, M. H. Simmons Company and Paris Rendering Company, Inc.; that the workmen’s compensation ...
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ORDER DENYING MOTION TO DISMISS AND MOTION TO QUASH SUMMONS This is a class action for damages and injunctive relief brought pursuant to the Patent Act, 35 U.S.C. § 33, and the Lanham Act, 15 U.S.C. § 1125(a). This Court has jurisdiction by reason of Title 28 U.S.C. § 1338. Plaintiff alleges that the Raymond Lee Organization, Inc. is a business which purports to provide a complete se...
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OPINION AND ORDER Plaintiff, Albert J. Massman, seeks a declaratory judgment and mandatory injunction herein against defendants, the Secretary of Housing and Urban Development, Commissioner of the Federal Housing Administration and Chairman and Commissioners of the United States Civil Service Commission, fixing, declaring and determining his rights as a Veterans’ Preference civil service employ...
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MEMORANDUM OPINION AND ORDER This motion to dismiss challenges counts II, III and IV of an indictment charging violations of Title III of the Omnibus Crime and Safe Streets Act of 1968 dealing with interception of oral and wire communications. 18 U.S.C. § 2511. The second count, which is typical, reads as follows: That on or about the morning of April 20, 1971, in the District of Col...
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This is an action for defamation arising out of defendant’s publication in The Baltimore News American on April 14, 1967, of a news article entitled “McFarland Denies Guilt”. Plaintiff objects to the following portion of that article, which he alleges is untrue: “Clarence W. McFarland, one of the most vicious criminals in the United States, pleaded innocent this morning in Federal Court to a ch...
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MEMORANDUM OF DECISION On June 21, 1971, a mandate issued by the United States Court of Appeals for the Eighth Circuit vacated without prejudice the judgment of this court dated October 23, 1970, and remanded the cause for further consideration in light of Gregory v. Tarr, 436 F.2d 513 (C.A. 6th Cir. 1971). The earlier opinion of this court, reported at 318 F.Supp. 1279 (D.C.1970), s...
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MEMORANDUM Presently before the court are these motions: (1) filing No. 6, to dismiss Count II as to the defendant Morton Buildings, Inc., for failure to state a claim upon which relief can be granted; (2) filing No. 7, to dismiss as to the defendant Henry Getz; (3) filing No. 8, to dismiss as to the defendant William Uphoff; (4) filing No. 9, to dismiss as to the defendant Kenneth Weaver...
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OPINION The Government asserts a lien against money seized in a gambling raid made by New Jersey State Police on July 14, 1960, on premises known as 53 Forrest Place, North Arlington, New Jersey. It is contended by the County of Bergen *43that the cash found on the premises and seized by the police was contraband and that the Government is not entitled to any part thereof in satisfaction of its li...
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Plaintiff Karlin brings this action for a finder’s fee, in which he claims that the defendant, Warren E. Avis (Avis), president of defendant Avis Industrial Corp. (Industrial), engaged Karlin to find a purchaser for Avis’ shares of stock in Industrial and that Industrial, through its president and vice-president, engaged Karlin to find a buyer for shares of its treasury stock. Karlin further claim...
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OPINION AND ORDER This action is brought pursuant to Section 1 of the Copyright Act, 17 U.S.C. § 101, seeking an injunction restraining defendants from infringing certain copyrights and from distributing, selling, offering for sale, or otherwise disposing of copies of the infringing articles, payment of damages, and costs of the action with reasonable attorney’s fees. The case is before t...
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I. The nine individually named student plaintiffs each attempted to register ante the 40-day period provided for in O.R.C. § 3503.11. While the constitutionality of that statute is attacked, it is this Court’s conclusion that it is within the area of state determination (for state elections) and federally constitutional. For instance, Congress, in the Voting Rights Act of 1970, 1 determined, in...
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CONSENT DECREE And now, this 15th day of October, 1971, with the consent of the parties hereto, it is ordered as follows: 1. Defendants, their agents, assistants, successors, employees, attorneys and all persons acting in concert or cooperation with them or at their direction are hereby enjoined and restrained from the use, operation, enforcement, execution and application of section (a) (1), (a) ...
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MEMORANDUM, OPINION AND JUDGMENT Brief Summary ...
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MEMORANDUM AND ORDER This is an action by the plaintiff against the Secretary of Health, Education and Welfare brought under section 205(g) of the Social Security Act, 42 U. S.C.A. section 405(g), to review the final decision of the Secretary denying plaintiff’s application for old age retirement insurance benefits under section 202(a) of the Social Security Act, 42 U. S.C.A. section 402(a). Plai...
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ORDER This is an action to construe the Will, and the Codicils thereto, of Mrs. Elizabeth L. Morse, deceased, late of Charleston County, South Carolina. Plaintiff contends that because of an irreconcilable conflict between certain portions of the Will and the first Codicil attached thereto the testatrix revoked the former by necessary implication.1 The case was tried before me without a jury at C...
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OPINION and JUDGMENT Raymond Lee Muse, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254. The petition was originally filed in the United States District Court for the Eastern District of Virginia and, by order dated August 25, 1971, was transferred to this court. Leave to proceed in forma pauperis has been previously granted. Petitioner...
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OPINION AND ORDER. On August 8, 1968, the United States of America commenced this action seeking judgment against Miles S. Firnhaber, Administrator of the Estate of Helen L. Firnhaber, for unpaid taxes, penalties and interest in the amount of $2583.36, plus interest and additions as provided by law. The defendant, who was not represented by counsel was granted an extension of the time to answer th...
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ORDER This cause came on for hearing on October 1, 1971, upon the Claimant’s Motion for Decree of Condemnation and for Relabeling and Reworking and the parties’ original Cross-Motions for Summary Judgment. The matter was submitted to the Court that day on the written record and upon Claimant’s admission in open Court that the libeled articles exceeded 30% in fat content as alleged by plaintiff. It...
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333 F.Supp. 582 (1971) CAPITAL BROADCASTING COMPANY et al., Plaintiffs, v. John MITCHELL, Attorney General of the United States, and Thomas Flannery, United States Attorney for the District of Columbia, Defendants. Civ. A. No. 3495-70. United States District Court, District of Columbia. October 14, 1971. *583 Paul Dobin and Ian D. Volner, Washington, D. C., for plaintiffs. Patrick Gray, III, Asst...
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In this trademark infringement and unfair competition case, defendant, an Illinois citizen, seeks to have the complaint against him dismissed on the ground that the court lacks personal jurisdiction over him and to have the return of service quashed on the ground that he has not been properly served with process. 1 These are the facts: Plaintiff, a corporation with its principal pl...
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MEMORANDUM and JUDGMENT ORDER This is an Eminent Domain proceeding brought by the United States of America. Suit was filed on June 30, 1969, under the provisions of Section 258a of Title 40, U.S.Code Annotated. The parcels of land in question are owned by The Metropolitan Sanitary District of Greater Chicago. Said land was appropriated by the United States of America, for: 1) relocation of railroa...
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MEMORANDUM OF OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for damages and other relief which plaintiff brings under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which prohibits discrimination in employment on the basis of sex. Plaintiff alleged that she was wrongfully discharged from her office position- at the defendant hospital because she was...
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This is a motion to set aside a judgment of this court rendered on December 28, 1962 in favor of Theodore R. Kupferman, as Receiver of Vickers, Christy & Co., Inc. (hereinafter “Vick-ers Christy”) against defendant, Consolidated Research and Manufacturing Corporation (hereinafter “Consolidated”), in the sum of $149,646.25 on account of Consolidated’s breach of an underwriting agreement for failing...
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OPINION This is a products liability case based on diversity of citizenship of the parties. After a three-day trial, the jury returned a verdict in favor of plaintiff in the amount of $13,471 including $3,850 for loss of use of the tractor and trailer *902 destroyed in the accident. The defendant has filed a Motion for Judgment Notwithstanding the Verdict, Motion for Remittitu...
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OPINION I. This case involves a motion for a protective order in connection with a federal grand jury subpoena. It raises important and difficult questions of: (1) the extent to which the United States Attorney may disclose material subpoenaed before the grand jury to personnel of other government agencies assisting in .the investigation without violating the secrecy of the grand jury, and (2) th...
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342 F. Supp. 837 (1971) ATLANTIC & GULF STEVEDORES, INC., et al., Plaintiffs, v. SKIBS A/S DANMOTOR et al., Defendants. Civ. A. No. 69-G-126. United States District Court, S. D. Texas, Galveston Division. October 14, 1971. *838 *839 Dixie Smith, Fulbright, Crooker & Jaworski, Houston, Tex., for plaintiffs. Ben N. Ramey, of Ramey & Clay, Houston, Tex., Edward W. Watson, of Eastham, Wat...
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This case is presently before me for a determination of a motion to quash the return of service and to dismiss for lack of personal jurisdiction over the defendant. Rule 12(b) of the Federal Rules of Civil Procedure. Plaintiff filed this action for breach of an employment contract on July 24, 1970, alleging that this court has jurisdiction over the subject matter because of diversity of citizenshi...
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OPINION AND ORDER. Plaintiffs have brought this action to recover damages for injuries to certain formerly owned real property, alleging that such property was taken by the City of Detroit without just compensation having first been paid to them in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. Jurisdiction is properly invoked under Title 28, ...
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OPINION AND ORDER The plaintiff is a citizen and resident of the State of Michigan. The defendant is a Michigan Banking corporation organized and operating in and under the laws of the State of Michigan with its principal offices in Wayne County, Michigan. Plaintiff seeks to recover damages allegedly caused to him by reason of loans made to him by the defendant, which loans he alleges wer...
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MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW The pivotal issue is whether labeling or advertising a product as “potato chips” tends falsely to describe or represent the product when it has been fashioned from dried potato granules rather than from sliced raw potatoes. Following five days of extensive presentation of evidence, careful briefing by counsel, and oral argum...
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Defendant moves to suppress for use as evidence 167 counterfeit $20 bills seized pursuant to a search warrant issued by the Acting City Judge of New Rochelle. This case originated on the complaint of Edward Jones, made to Thomas Perrotti, a detective in the New Rochelle Police Department. After the execution of the warrant, defendant was indicted in this court on a charge of violation of 18 U.S.C....
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The petitioner’s application for a writ of habeas corpus, made pursuant to 28 U.S.C. § 2241 et seq., is denied. The petitioner was indicted in 1960 for first degree murder for the killing of a policeman within minutes after the commission of a robbery. He was tried and found guilty of common law murder in the first degree. The New York Court of Appeals affirmed the conviction without opinion. P...
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OPINION and ORDER We are asked to grant a new trial following a jury verdict for defendant, the seller of a used car which became the subject of this controversy. The car, a 1963 Chevrolet was sold to one Donald Karanzas of Pittsburgh, on or about March 19, 1966. He used it for about a year in driving to work in the Pittsburgh vicinity and for other purposes. On March 11, 1967, Donald Karanzas ...
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OPINION and ORDER We are asked to grant a new trial following a verdict of the jury for defendant. David Franklin Horrell was a pedestrian crossing Route 22, a three lane, concrete highway running east and west in Indiana County. He was struck by a car driven by Frank Seminsky and killed outright. The accident happened between 7:30 and 8:00 P.M. on October 13, 1967, on a straight, level stretch of...
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The government, in asking injunctive relief, claims that defendant violated Executive Order No. 11615, 1 and the regulations promulgated pursuant thereto, which imposed a ninety day stabiliza *426 tion period on prices, rents, wages, and salaries, effective August 15, 1971. The Court agrees with the government’s position and has granted the injunction sought. This memora...
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OPINION AND ORDER Before DUFFY, Senior Circuit Judge, REYNOLDS, Chief District Judge, and TEHAN, Senior District Judge. This is an action to enjoin § 38.155 of the Wisconsin Statutes establishing and empowering vocational, technical, and adult education districts within Wisconsin. In addition, a declaratory judgment of unconstitutionality is sought. A cause of action is alleged under Title 42...
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DECISION and ORDER The defendant has moved to join AS-CAP as an indispensable party in this action. The plaintiffs allege that they are the owners of certain copyrighted music, which they claim the defendant has infringed. The latter seeks to have ASCAP added as a party on the ground that a complete determination of the controversy cannot be had without its presence under Rule 19(a), Federal Rule...
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OPINION AND FINAL JUDGMENT Plaintiffs Robert Pugh and Nathaniel Henderson brought this class action, in which plaintiffs Thomas Turner and Gary Faulk have intervened, seeking relief for the alleged deprivation of their rights as secured by the Fourth and Fourteenth Amendments to the Constitution of the United States. Jurisdiction is founded upon 28 U.S.C. § 1343(3), (4) and grows out of a Const...
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*1265 MEMORANDUM DECISION Here plaintiffs school board and superintendent have brought suit against the defendants attacking the legislation first enacted by the Congress in 1950 as Public Law 874, and since amended, and appearing in 20 U.S.C.A. § 236, et seq. Under this legislation Congress provides funds for local school boards to help relieve the strain on local districts for educating fed...
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MEMORANDUM OPINION The narrow question presented in this case is whether an alien’s refusal to testify before the House Un-American Activities Committee (“HUAC”) disqualifies her from naturalized citizenship. Petitioner Mathilde Burke is a native and citizen of the Netherlands. Since 1946, she has resided in this country. On June 8, 1966, she petitioned for naturalized United States citizenship. 8...
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Count 11 of the amended complaint and counterclaim contains a claim captioned : “Counterclaim by the Defendants * * * against plaintiffs for damages on the ground of abuse of process and malicious prosecution.” The text of Count 11 recites that the plaintiffs “wilfully, maliciously and with intent to harass, damage, vex and annoy defendants, filed Civil Action No. 2510 on the docket o...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT Joshua Groupp was found guilty by a jury of refusing to submit to induction into the armed forces of the United States, in violation of 50 U.S.C. App. § 462(a). He has now filed a timely motion for a judgment of acquittal, Fed.R. Crim.P. 29(c), on the ground that his local Selective Service Board, Local Board No. 16, Kennebunk, Maine, was illeg...
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MEMORANDUM AND ORDER This is one of three actions brought by various parties to challenge the constitutional validity of Minnesota’s system of financing public elementary and secondary education. The companion cases are Minnesota Federation of Teachers, et al. vs. Hatfield, et al., 4-71 Civ. 458, and Minnesota Real Estate Taxpayers Association, et al. vs. State of Minnesota, et al., 3-71 Civ. 2...
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MEMORANDUM AND ORDER By this action in admiralty, in personam against Cargo Carriers, Inc. and in rem against the Motor Vessel John H. MacMillan, Jr., Aiple Towing Company, Inc. and Upper Mississippi Towing Corporation seek to recover damages resulting from a casualty on the Mississippi River. A counterclaim seeks damages in personam against plaintiff Aiple Towing Company and in rem against its Mo...
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OPINION Counsel for the Trustee, Joseph M. Nolan, Esq., filed a petition seeking a fourth interim allowance of counsel fees for the period from September 1, 1969, to August 31, 1970, and on April 15, 1971, the Court issued an order to show cause why the fourth interim allowance should not be granted and made the same returnable on May 10, 1971. A hearing was commenced on May 10th and continued on...
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Motion for Recusation Under 28 U.S.C. § 455 Defendants Irving Kahn and Teleprompter have moved for the judge to recuse herself pursuant to 28 U.S.C. § 455. That section provides: “Any justice or judge of the United States shall disqualify himself in any case in which he has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any par...
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Teledyne, Inc., a non-party foreign corporation eoncededly doing business in this judicial district, was properly served by plaintiff with a subpoena commanding it to appear in this district for examination through “Henry E. Singleton, Chairman and Chief Executive Officer and * * * Edmund M. Kaufman, Assistant Secretary.” Kaufman is no longer employed by Teledyne, and plaintiff concedes that his p...
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This Social Security case presents a very specific question of law regarding the interpretation of a statute covering survivor’s benefits. The Hearing Examiner and Appeals Council both held adversely to plaintiff’s contention, and she has appealed to this Court for a review of those determinations. Since there is no factual dispute, our review is directed only to the correctness of the government’...
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OPINION and ORDER This action was commenced on May 15, 1968, by Harry and Edith Deaktor as individual plaintiffs and derivatively on behalf of E. D. Foods, Inc., a Pennsylvania corporation in which the individual plaintiffs are minority shareholders within the comprehension of Rule 23.1 of the Federal Rules of Civil Procedure. 1 Defendants are Fox Grocery Company, a Pennsylvania Corporation a...
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MEMORANDUM DECISION In this action plaintiff seeks a preliminary and final injunction pursuant to 28 U.S.C.A. Secs. 2281, 1343(3) and 42 U.S.C.A. Sec. 1983 to prevent defendant, Commissioner of Motor Vehicles, from revoking plaintiff’s driving permit pursuant to S.D.Code Sec. 44.0302-2 (Supp.1960) now S.D.Comp.Laws Ann. Secs. 32-23-10 to 32-23-17 (1967 and 1971 Supp.). Plaintiff also asks...
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351 F. Supp. 1295 (1971) James D. HODGSON, Secretary of Labor, United States Department of Labor v. GEORGE W. HUBBARD HOSPITAL OF MEHARRY MEDICAL COLLEGE, INC., a corporation. Civ. A. No. 5334. United States District Court, M. D. Tennessee, Nashville Division. October 12, 1971. Edward D. Friedman, Acting Sol., Marvin M. Tincher, Regional Atty., Marne S. Matherne, Atty., U. S. Dept. of Labor, Nash...
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OPINION Defendant Louis Ciancutti has moved to suppress wiretap evidence obtained by the United States government in its investigation of defendant Leta’s alleged gambling activities. For the reasons set forth below, this motion is denied. On May 1, 1970, the Honorable William J. Nealon of this court signed an Order pursuant to 18 U.S.C. § 2518 authorizing the interception of wire communicati...
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OPINION In this proceeding the plaintiffs ask that the defendants be enjoined from enforcing a certain order of the Public Sei’vice Commission of West Virginia entered by that body on August 13, 1971. The defendants have filed a motion to dismiss the complaint, or in the alternative, to grant them summary judgment. From the allegations of the complaint which presently are not controverted, it app...
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MEMORANDUM OF DECISION AND ORDER On September 2, 1971, plaintiffs commenced this action specifically to prevent the detonation of a nuclear device termed CANNIKIN on Amchitka Island. Plaintiffs’ motion for a preliminary injunction was filed on September 13, 1971, and defendants’ motion for summary judgment or alternatively, dismissal,'was filed on September 21, 1971. Hearings were held on...
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MEMORANDUM OPINION As set forth in the Order filed July 27, 1971 by this Court, the United *98 States, upon an application of the United States Attorney and his assistants which was supported by affidavit of Richard G. Kleindienst, Deputy Attorney General of the United States, delivered to the Court a sealed exhibit containing logs of telephone conversations in which defendant Paul Enten was ...
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ORDER Defendants, Factory Insurance Association and its forty-nine member insurance companies (these fifty defendants will hereinafter be referred to as “Factory”), none of which is a Florida corporation, removed, in accordance with 28 U.S.C. § 1446, a suit brought by plaintiff, Unijax, Inc., a Florida corporation, in the Circuit Court of Duval County, Florida, against Factory and an individual, ...
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*1014ORDER Petitioner, a private in the United States Army presently stationed at Fort Gordon, Georgia, brings this habeas corpus proceeding seeking his discharge from the Army as a conscientious objector. Petitioner was inducted into the Army on October 12, 1970. On February 12, 1971, petitioner submitted an application to the Array for a discharge as a conscientious objector. On June 23, 1971, t...
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MEMORANDUM OPINION This is a suit for a refund of income taxes. The facts pertinent to the disposition of this case are as follows: In May of 1962 plaintiff, Eugene L. Rose entered into a contract wherein he agreed to sell his stock in Gene Rose Co., Inc. to-M. S. L. Industries, Inc. (MSL) for a certain sum in cash, a specific number of shares of MSL common stock, for additional consideration cont...
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MEMORANDUM OPINION Plaintiffs, who are recipients of Aid to Families with Dependent Children who *579have failed to receive checks mailed to them are challenging the regulations used by the Illinois Department of Public Aid in reissuing such missing checks. The case is presently before this court on Plaintiffs’ motion to convene a three-judge court to decide the substantive issues involved pursuan...
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OPINION WITH RESPECT TO INDEMNITY ISSUES This diversity case requires a review of Louisiana law to determine the effect to be given a contractual indemnity agreement. Mechanical contracted with Chevron to do welding and cutting work in connection with the construction of an addition to Chevron’s plant. Cole, a Mechanical employee, was injured on the job. Precluded from suing Mechanica...
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OPINION THE ACTION Wheeler J. Witte brings this action against William J. Myers and Local 324, International Union of Operating Engineers pursuant to Title I, Sections 101, 102 and 609 of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 411, 412 and 529. It is plaintiff’s claim that on March 8, 1969, he was discharged as business agent of Local 324 in charge of...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT The facts set forth below having been stipulated by plaintiff, James D. Hodgson, Secretary of Labor, United States Department of Labor, and defendant Schnuck Markets, Inc., and by plaintiff and defendant Allied Supermarkets, Inc., each defendant stipulating to the facts applicable to it, to be true, they are hereby so found by the Court and adopte...
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MEMORANDUM AND ORDER The three defendants in this action were arrested in March 1971 and were charged with concealing and aiding and abetting in the concealment of assets of a business in contemplation of bankruptcy, 18 U.S.C. §§ 2, 152 (1970). Rule 4, Second Circuit Rules Regarding Prompt Disposition of Criminal Cases (Jan. 5, 1971, as amended, May 24, 1971) [hereinafter Criminal Case Rules], pro...
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MEMORANDUM OPINION I. Findings of Fact This case concerns a waterfront structure known as Pier 17 located in Manhattan on the Hudson River, a navigable waterway of the United States. Since 1962 it has been owned by defendant and third-party plaintiff Irving Maidman (Maidman). Pier 17 is located in an area of the Hudson River which is subject to a lease agreement entered ...
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OPINION The defendants, Ted Potash and Robert J. Quigley, are named in two counts of an indictment. The charges are (1) conspiracy to cause the transportation in foreign commerce of stolen securities having a value of more than $5,000, and (2) a substantive violation of 18 U.S.C. sections 2314 and 2, in causing the transportation in foreign commerce between Montreal and New York of such stolen ...
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Discovery in this case has been extensive. There are scores of docket entries, some dozen formal orders and at least a like number of informal orders as a result of numerous undocketed telephone calls to the court and conferences in chambers. Extensive depositions of Monsanto’s former Chairman of the Board and President and of a Vice-President were taken. At a hearing agreed by the parties to be “...
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OPINION AND ORDER This matter is before the Court on plaintiff’s motion for summary judgment, defendant’s cross claim and the briefs and memoranda of the parties. This suit was filed by the New York Central Railroad Company, a Delaware corporation, for declaratory judgment under 28 U.S.C.A. §§ 2201 and 2202. It asked the Court to declare the rights and obligations of the parties unde...
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ORDER, INJUNCTION and CONSENT AGREEMENT And now, this 7th day of October, 1971, the parties having consented through their counsel to certain findings and conclusions and to the relief to be provided to the named plaintiffs and to the members of their class, the provisions of the Consent Agreement between the *1258 parties set out below are hereby approved and adopted and it is hereby so orde...
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OPINION The petitioner’s application for writ of habeas corpus presents issues under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution raised in a State trial resulting in a conviction by a jury of first degree murder. From the trial record and an evidentiary hearing before this Court that was limited to the constitutional issues presented by the petition, I...
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OPINION and JUDGMENT James Coy Richardson, the claimant brings this action under Section 205(g) of the Social Security Act, 42 U.S.C.A. *892§ 405(g), for review of a decision of the Secretary of Health, Education and Welfare, which held that the claimant was not entitled to a period of disability nor disability benefits under the Act, as amended, 42 U.S.C.A. §§ 416(i) and 423. The decision rendere...
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MEMORANDUM OPINION The plaintiffs want this Court to stop further construction of 1-66 through Arlington County. The defendants and intervenors insist that this interstate highway be completed without further delay. The plaintiffs are four residents of Arlington owning land in the corridor selected for the highway and two unincorporated associations interested in the preservation of environme...
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OPINION AND ORDER This is a motion for summary judgment, the only issue being the res judicata effect of a prior state action which was dismissed for failure to replead after a demurrer to the initial complaint was sustained. Jurisdiction of this court is grounded on Title 28 U.S.C. § 1332 — diversity of citizenship. On July 17, 1969, plaintiff commenced an action in the Green Lake C...
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This matter arises upon the Complaint of the California Teachers Assoelation on behalf of all of its members, and particularly the eight teachers named therein, against various school districts in the County of Orange and in the County of Riverside, State of California, seeking injunctive relief restraining the School Districts from imposing any wage and fringe benefit freeze on the salaries an...
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ORDER This cause came before the Court for a pre-trial conference. Counsel have jointly prepared, signed, and filed with the Court a pre-trial stipulation. On the basis of this pre-trial stipulation, stipulations of counsel made at the pre-trial conference, the pleadings, and depositions on file, the Court finds that there is no genuine issue as to any material fact and that, as a matter of law...
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This case is before the court for the second time. Initially, petitioner sought a writ of habeas corpus from this court after having been denied a writ from the state courts. The petition was denied without a hearing because this court was of the opinion that the record established in the state habeas court was adequate to establish that the denial of relief by that court was proper. Furthermore,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause coming on to be heard upon the Complaint of Howard Martin, and the oral Answer of the Defendants John C. Bowers d/b/a John C. Bowers Company and Istvan Harangi, in a Consolidated Hearing held pursuant to Rule 65(a) (2) of the Federal Rules of Civil Procedure, and the Court having heard the testimony of various witnesses duly sworn and examined ...
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MEMORANDUM AND ORDER This is an action by Maryland plaintiffs against New York defendants under the Securities Act of 1933 and the Securities Exchange Act of 1934. Venue jurisdiction and jurisdiction of the person of defendants is invoked under Section 22(a) of the former Act and Section 27 of the latter Act (15 U.S.C. §§ 77v and 78aa). Service was made on defendants in New York under the ...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS David Dee Moore, a member of the United States Army presently on active duty stationed at Fort Devens, Massachusetts, has petitioned the court for a writ of habeas corpus and other appropriate relief, basing his claim upon the asserted invalidity of his enlistment into the Army and upon the alleged application of an improper standa...
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Use-plaintiff M. G. Astleford Co., Inc., a Minnesota corporation, commenced this action against defendant S. J. Groves and Sons Company, a contractor and its two sureties. The complaint alleges that Groves, pursuant to a contract with the Army Corps of Engineers entered into on or about June 30, 1965, agreed to construct a dam on the Eau Galle River near Spring Valley, Wisconsin. Certain portions ...
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MEMORANDUM AND ORDER In an action for damages under the Robinson-Patman Act, 15 U.S.C. § 13a, for alleged price discrimination, a non-party witness has moved by order to show cause to quash a subpoena duces tecum served on it by the defendant. The subpoena duces tecum was directed to Auto Parts of Jamaica, Inc. (APJ) *990(formerly Shapiro Auto Parts of Jamaica, Inc.) and asked for all records of ...
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Memorandum of Decision and Order This is an action for the refund of taxes paid brought pursuant to 26 U.S. C. § 7422. Jurisdiction is alleged to exist under 28 U.S.C. § 1346(a) (1). Defendant has moved for judgment on the pleadings under Rule 12(c) F.R.Civ.P. The essence of defendant’s claim is that the court does not have subject matter jurisdiction of the instant controversy in tha...
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OPINION AND ORDER Defendant vessel owner seeks leave to amend its answer to plaintiff’s complaint to raise the defense of limitation of liability. Plaintiff seaman instituted the present action under the Jones Act, 46 U.S.C. § 688 for injuries sustained aboard a spider barge upon which he was working. Plaintiff filed his complaint on April 22, 1969. After receiving an extension of time, defen...
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OPINION This is an action brought by the United States pursuant to the provisions of Section 15 of the Clayton Act, 15 U.S.C. § 25, for declaratory and injunctive relief to enjoin the proposed acquisition by Falstaff Brewing Corporation (Falstaff) of all the assets of Narragansett Brewing Company (Narragansett) on the ground that the effect of the proposed acquisition may be substantially...
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MEMORANDUM Plaintiff, a retired coal miner, seeks a declaration as to his pension rights under the United Mine Workers of America Retirement and Welfare Fund of 1950. 28 U.S.C. § 2201. Application was filed for fund pension status with the Trustees of the Fund, defendants in this case, on June 5, 1970, and was denied on October 30, 1970. Plaintiff had satisfied all eligibility requirements for ...
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Plaintiffs, adult male laborers, contend that the equal protection clause of the Fourteenth Amendment to the United States Constitution is violated by Section 104.02, Wisconsin Statutes, which provides: “Every wage paid or agreed to be paid by an employer to any woman or minor employe, except as otherwise provided in section 104.07, shall be no less than a living-wage.” Briefs have been submi...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This action was brought by the Secretary of Labor under the Equal Pay Act of 1963, 29 U.S.C. §§ 206(d) (1) 1 and 215(a) (2) 2 against City Stores, Inc., doing business as Loveman’s, to enjoin alleged wage discrimination on the basis of sex and to recover for the female employees of the defendant the difference between t...
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ORDER Petitioner seeks discharge from the Army claiming that he was unlawfully inducted on September 28, 1970 and that he is being illegally held in custody by the Respondents. Private Johnson claims that he was denied procedural due process and that there was a violation of Army Regulations in that (a) he should have been classified I-S(C) 1 by the Local Board instead of I-A; (b) that he was not ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION These consolidated eases came on for trial before the Court and the Court having heard the evidence, considered the briefs and arguments of counsel for the parties and been fully advised in the premises, makes the following narrative, Findings of Fact and Conclusions of Law as part of its opinion. All of the cases are similar in that t...
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MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT These actions were commenced by the various petitioners as petitions for habeas corpus relief, complaints of denial of civil rights and for damages, “Motions to Show Cause,” and “Motions for Writ of Mandamus.” In each case the basic contention was that the petitioner, an inmate of the United States Penitentiary at Leavenworth, was he...
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In this diversity action, the third-party defendant Manufacture de Produits Chimiques Protex (“Protex”) moves to dismiss the third-party complaint of Societe Generale (“Societe”), defendant and third-party plaintiff; and Societe, in the event Protex’s motion is granted, moves to dismiss the complaint as against it. In November 1969, the third-party defendant Protex, a French corporation having ...
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This is a motion pursuant to Rule 25 of the Fed.R.Civ.P. for substitution of certain executors and trustees as parties plaintiff by reason of the death of the named plaintiff in this stockholders’ derivative suit. As will appear clear, some narrative by way of background is necessary. This action was commenced by the filing of the complaint herein on July 25, 1969, the summons and complain...
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This is a petition pro se by a State prisoner for a writ of habeas corpus. Petitioner was convicted of second degree robbery by the New York State Supreme Court and on October 22, 1969 was sentenced to an indeterminate term of imprisonment not to exceed seven years. Assigned counsel handled the appeal to the Appellate Division which affirmed the conviction on February 18, 1971, 318 N.Y.S.2d 668...
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OPINION Seaboard Shipping Corporation (“Seaboard”) instituted an action against Jocharanne Tugboat Corporation (“Jocharanne”) as owner of the barge VAL 51, to recover $7800 for the rental of a Seaboard barge and tug to off-load gasoline from the VAL 51 following her grounding off Oswego, New York, on June 16, 1964. Seaboard obtained a default judgment against insolvent Jocharanne, whose attorneys...
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OPINION and FINDINGS OF FACT In this nonjury trial, the defendant is charged with causing the interstate transportation of stolen securities in violation of 18 U.S.C., sections 2314, 2. The evidence establishes that four $10,-000 United States Treasury Bills, the subject matter of the indictment, originally in the possession of Brown Brothers Harriman & Co., were missing from its vault. The matte...
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OPINION and ORDER This is an action to recover from defendants the rental allegedly due on a lease of bowling equipment. The law of Massachusetts applies. The complaint and amended complaint alleged that on August 17, 1962, the defendants, who then owned a bowling alley in Allegheny County, entered into a lease with a manufacturer of bowling equipment by the name of Bowl-Mor Company, a Delaware Co...
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MEMORANDUM AND ORDER DISMISSING PLAINTIFF’S COMPLAINT This is an action seeking an interlocutory and permanent injunction to prevent the State of Utah or its Department of Motor Vehicles from suspending plaintiff’s driver’s license pursuant to the provisions of the State Financial Responsibility Act. Utah Code Annotated §§ 41-12-1 et seq. (1970). Defendant filed a motion to dismiss. The r...
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MEMORANDUM OPINION This matter came ón again to be heard on the plaintiff’s motion for reconsideration of this Court’s memorandum opinion of October 28, 1969 and order of December 10, 1969, filed herein, and upon the defendants’ counterclaim. The December 30, 1970 minutes in the companion case, Civil Action No. 4667, record the denial of the motion for reconsideration. If that be not sufficient, t...
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MEMORANDUM OPINION This derivative suit was brought by three minority stockholders against the named corporations and individuals for the appointment of a receiver for the defendant corporations on the ground of gross mismanagement, fraud and misapplication of corporate funds — and for an order compelling the individual defendants to repay the corporations all moneys, including excess compensatio...
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This action was brought by the United States against Marietta Manufacturing Company (hereinafter referred to as “Marietta”), a shipbuilder, and The Travelers Indemnity Company (hereinafter referred to as “Travelers”), surety on a performance bond executed by Marietta, for default in the construction of two hydrographic survey ships which Marietta, by contract designated No. MA-3156, agreed to buil...
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MEMORANDUM OPINION AND ORDER Under «the provisions of the District of Columbia Court Reform and Criminal Procedure Act of 1970, the United States Attorney for the District of Columbia is authorized to proceed directly in adult court against persons between the ages of sixteen and eighteen where an indictment charges one of several specified serious felonies. 1 The three defendants named above...
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MEMORANDUM OPINION AND ORDER Before KILEY, Circuit Judge, and LYNCH and NAPOLI, District Judges. This is an action to set aside the findings of the Interstate Commerce Commission that operation by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company [the Milwaukee] of passenger service on its trains Nos. 2 and 3 [the Afternoon Hiawathas], between Chicago, Illinois and Minneapolis, Minnes...
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CORRECTED OPINION This is a class action, brought by purchasers of stock of Insurance Investors Trust Company and its affiliates against certain officers and directors of Insurance Investors Trust Company, an accounting firm which certified a financial statement appearing in a prospectus, and a law firm which rendered an opinion with respect to the same prospectus, and permitted its name to be use...
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MEMORANDUM OF DECISION This action is before the court on two motions, one by the plaintiffs and the other by defendant Frederick E. Thompson. Thompson moves the court to transfer this action to the United States District Court for the Eastern District of Louisiana, Baton Rouge Division. This defendant admits that the action is not subject to transfer under 28 U.S.C.A. § 1404(a) since the action c...
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I. STATEMENT OF FACTS A two count indictment was filed against defendants on January 28, 1971. The first count charges defendants with conspiring to violate 18 U.S.C. § 1952 (the Travel Act) by agreeing to use an interstate facility to intentionally promote, manage, establish or carry on or facilitate the promotion, management, establishment or carrying on of the unlawful activity of bribe...
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OPINION Plaintiff moves to set aside the jury’s verdict in defendant’s favor rendered June 21, 19711 *in his action for damages allegedly sustained as a result of a fall from the gangway of defendant's vessel SS SANTA ROSA on August 20, 1967. We are asked to render judgment notwithstanding the verdict or grant a new trial pursuant to Rules 50(b), (c), and 59 of the Federal Rules of Civil Procedur...
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OPINION These are companion actions in which plaintiffs, S.P.S. Consultants, Inc. in 71 Civ. 2931 (“S.P.S.”) and Martin S. Mitchell, Mitchell Referral Service, Inc. and Sandra King in 71 Civ. 2990 (“Mitchell”) challenge the constitutionality of Article 44 of the New York Public Health Law, McKinney’s Consol. Laws, c. 45, which became effective on July 1, 1971. On July 8, 1971, plaint...
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MEMORANDUM In this action seeking declaratory and injunctive relief under § 101(a) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 411 (a) [“LMDRA”], defendants Raftery and Di Silvestro move to dismiss the complaint on the grounds that (1) the court lacks subject matter jurisdiction, (2) the plaintiff fails to state a claim upon which relief can be granted, (3) plain...
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MEMORANDUM Plaintiffs move, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, to consolidate this action with the pending suit in this Court of Schonfeld v. Raftery, 335 F.Supp. 846 (S.D. N.Y.) (“Sehonfeld”). Of the named defendants only District Council 9 remains, the others having been dropped by stipulation of the parties dated December 4, 1967.1 The background and issues of this ...
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OPINION AND ORDER Defendants are charged with violations of the Federal narcotics laws, 21 U.S.C. § 174, 26 U.S.C. §§ 4704(a), 4705(a), 7237(a), 7237(b). They are allegedly involved in a conspiracy to receive, conceal, transport, and sell heroin. Defendants have filed various pretrial motions which are set out in a complete list attached as Exhibit #1. Since the motions present similar al...
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MEMORANDUM AND ORDER Petitioner, Joe Eddie Gibbs, has filed a request under 28 U.S.C. §§ 2250 and 2255 for a copy of the transcript of his trial for purposes of collateral attack. Petitioner, represented by private counsel at a jury trial before this Court, was found guilty of a violation of 18 U. S.C. § 659, theft from interstate shipment. He was sentenced to ten years imprisonment on March 16, 1...
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MEMORANDUM OPINION AND ORDER The plaintiff filed suit under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq. (1965), alleging numerous theories as the basis for the cause of action. In May of 1971 this Court denied the defendant’s motion for summary judgment holding that the facts as alleged by the plaintiff could establish a cause of action. Toppi v. United States, 327 F.Supp. 127...
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MEMORANDUM AND ORDER Defendants have filed a motion to allow the joinder of third party defendants. The cause of action arose on August 9, 1965 and action was instituted on August 25, 1966. The case was tried before a jury commencing on January 28, 1971; on February 10, 1971, the jury, being unable to reach a verdict, was discharged and a mistrial was declared. This is a medical malpractice actio...
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ORDER On September 17, 1971, a hearing was held in the above entitled case in which, *1085defendant’s attorney, through oral motion and without opposition from the plaintiff, requested that the Motion of July 20, 1971 to dismiss Count One of the Indictment ip the case of Andree Josette Gayraud, Criminal No. 76-71, be considered as being filed also in this case, since both indictments arose princip...
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MEMORANDUM AND ORDER Three individuals and a corporation, all citizens of Texas, bring this action against four Kansas individuals, an Oklahoma individual, a Nebraska individual, and certain Kansas, Michigan and California corporations. In short plaintiffs allege that defendants sold all the outstanding stock of a manufacturing corporation to plaintiffs without disclosing the fact that th...
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DECISION and ORDER The defendant in this action is charged with a violation of 50 U.S.C. App. § 462 as a result of his alleged failure to report for induction into the armed forces. He has filed a motion for discovery and inspection, pursuant to Rule 16, Federal Rules of Criminal Procedure, in which he seeks the production of an extensive list of documents and other materials. The information soug...
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MEMORANDUM OPINION On October 5, 1970, the plaintiff Robert Foy Mitchell, filed complaint against Alma School District No. 30 alleging jurisdiction in the United States District Court under 28 U.S.C. § 1343 (3) and (4); 28 U.S.C. §§ 2201 and 2202; 42 U.S.C. § 1983 and the 1st and 14th Amendments to the Constitution. The complaint alleges that Mr. Mitchell was a school teacher in the Alma System, h...
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To sue and not to be sued — that, insists the Board of Commissioners is the answer. The question in this admiralty case is whether the Board of Commissioners can avoid liability for a maritime tort it is alleged to have committed by pleading sovereign immunity. This question has troubled both the state and federal courts in Louisiana since the Dock Board was created 1 and has led to ...
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The United States of America on behalf of the Small Business Administration brings this action for a declaratory judgment that a tax sale held by the defendant, Sheriff of Washington Parish, at which certain property was purchased by defendant, Commercial Guaranty & Brokerage Corporation, be declared null and void and for an order setting the tax sale aside. La.Rev.Stat. 47:2180 requires t...
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MEMORANDUM OF DECISION AND PROTECTIVE ORDER Dr. Leonard S. Rodberg, a physicist and resident fellow at the Institute for Policy Studies in Washington, D. C., and currently engaged as a staff member of United States Senator Mike Gravel of Alaska, petitioned the court on August 27, 1971 to quash a subpoena ordering him to appear before a federal grand jury ostensibly investigating crimes re...
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*939 MEMORANDUM OF DECISION Petitioner, a prominent professor of international law and critic of the war in Vietnam, seeks to quash a subpoena compelling his appearance before a federal grand jury ostensibly investigating crimes related to the release and dissemination of the much-publicized “Pentagon Papers.” At a hearing on August 20, 1971, the court stayed Professor Falk’s appearance and o...
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In this criminal prosecution for alleged failure to submit to induction into the Armed Forces of the United States as charged in an indictment returned October 16, 1969, defendant originally demanded a jury trial. Court and counsel conferred in chambers prior to the opening of the trial, the substance of which conference later was read into the record in open court in the presence of the defendant...
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OPINION AND ORDER ON DEFENDANT TOWN OF SANBORNTON’S MOTION FOR JUDGMENT ON THE PLEADINGS AND DISMISSAL This case arises as a result of amendments to the zoning ordinance of the defendant town which it is alleged violates the plaintiff’s constitutional rights under the Fifth and Fourteenth Amendments. Jurisdiction is claimed to rest on a federal question and civil rights. 28 U. S.C. §...
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OPINION Plaintiff, a New Jersey corporation, doing business at 378 Jackson Avenue, Jersey City, N. J., was authorized to redeem food stamps by the Department of Agriculture, Food and Nutrition Service, pursuant to the Food Stamp Act of 1964. On or about December 3, 1970 it was advised of certain charges which were to form a basis for disqualification of plaintiff from further participation in t...
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MEMORANDUM OPINION Congress Factors, a Pennsylvania corporation (Congress), sues for alleged breach of its written factoring agreement with American Velour Mills, Inc., a New Jersey corporation (American); and it claims as damages commissions it would have earned had American’s accounts receivable been factored with it between November 30, 1968, and June 29, 1969. 1 Jurisdictio...
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OPINION The plaintiff Pineland State Bank (hereinafter “Pineland”) is a bank organized under the laws of the State of New Jersey. Plaintiff First National Bank of Toms River (hereinafter “Toms River”) is a national banking association organized pursuant to the laws of the United States. The defendant William B. Camp, Comptroller of the Currency of the United States of America (hereinafter “Comp...
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*1303 OPINION The Port of Portland (Port) adopted a comprehensive plan to improve and expand the Portland International Airport (Airport) by enlarging the airport terminal and by constructing industrial, commercial, recreational, and highway facilities. The ultimate cost of these improvements will exceed 100 million dollars. A small but essential part of the work will be to ...
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OPINION AND ORDER Motion to Suppress. According to agents of the FBI, on June 24, 1971, at approximately 3:05 P.M., a lone gunman robbed a branch of the Fidelity Bank in Ridley Township, Pennsylvania, and took $3,000 including $500 in bait ten dollar bills. During the robbery, one of the tellers was shot in the shoulder. About fifteen minutes later, Mr. Burke, the owner of a residence located...
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MEMORANDUM DECISION It is stipulated between the parties to this action that: The Rosebud Sioux Tribe of Indians, pursuant to authority vested in it as a chartered corporation under the Indian Reorganization Act of June 18, 1934, c. 576, 48 Stat. 984, 25 U.S.C. § 461 et seq., enacted a Constitution and By-Laws which were approved by the Department of Interior on December 20,1935. ...
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OPINION This quite technical patent case concerns a circuit used in Philco television receivers sold by Firestone. The court is quite aware that this opinion concerns itself principally with matters of fact and considers this is the proper approach to the questions presented. A television picture tube is a cathode ray tube in which the electron beam impinges on a photo phosphorescent surface at t...
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MEMORANDUM OPINION It is particularly appropriate and fortuitous that this opinion is being handed down today, during the period that the Mayor has proclaimed as Model Cities Week. It is appropriate because it pinpoints who will be responsible for either the continuance or the discontinuance of the Model Cities Program in the City of Chicago. In order to put in proper focus and perspective th...
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MEMORANDUM OPINION In this case the defendant was charged in a two-count indictment under Title 18, U.S.C.A. Sections 2113(a) and (b) with robbery of a branch of the Mary *2 land National Bank in Cambridge, Maryland on December 4, 1970. The case was tried non-jury on September 13 and 14, 1971. The basic facts are not in dispute. In a stipulation signed by government counsel, the defendant a...
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FINDINGS OF FACT, and CONCLUSIONS OF LAW The above-entitled cause came on regularly for hearing on September 27, 1971, at 9:30 o’clock a.m., before the court sitting without a jury. Keith L. Burrowes, Assistant United States Attorney for the District of Montana, appeared as attorney for plaintiff United States, and Joseph P. Hennessey, appeared as attorney for defendant, who appeared in person. Th...
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MEMORANDUM OPINION This matter is before the Court upon plaintiff’s Motion to remand the action to the District Court of Santa Fe County. Because of the unusual circumstances surrounding the case, a rather detailed exposition of what has transpired is necessary. The plaintiff General Foods Corporation had been selling in New Mexico a product called “Thick and Frosty.” Petitioner-defe...
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Memorandum of Decision and Order The court, in a memorandum of decision and order, 330 F.Supp. 401, dated April 28, 1971, declared defendant’s United States Patent No. 2,821,297 and United States Patent No. 2,988,259 invalid and void, and dismissed the defendant’s counterclaims for infringement of both patents and for unfair competition. Plaintiff has filed a bill of costs in the amount of $1,5...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus filed pursuant to the provisions of 28 U.S.C. § 2241. The petitioners are each currently serving sentences of from thirteen and a half to eighteen years pursuant to judgments entered by the Superior Court of Wake County, North Carolina on November 19, 1969 for armed robbery. At their trial, the...
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On August 17, 1971, John Calandra appeared before a Federal Grand Jury. On the same day the United States Attorney requested that John Calandra be granted immunity pursuant to Title 18, Section 2514 of the United States Code. Prior to the granting of the immunity, Calandra filed a “request for postponement of hearing on application for immunity order” in order that he might move to suppress certa...
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ORDER The present case was removed from the Superior Court of Puerto Rico, Bayamón Part, to this Court pursuant to petition for removal filed on April 20, 1971 by United States of America on behalf of the United States Department of Agriculture and Farmers Home Administration. Defendants Jesús Gracia, United States Department of Agriculture and Farmers Home Administration filed on Ju...
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ORDER On June 17, 1971 Aurelio Tió and Zoé Vivoni filed a Motion for Leave to Intervene together with an Intervener’s Answer and Counterclaim in this action. On July 8, 1971 this Court heard oral argument by counsel on behalf of plaintiff and of applicants, both of whom subsequently filed briefs in support of their respective positions. The Court having considered the arguments and the evidence an...
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MEMORANDUM AND ORDER OF DISMISSAL Plaintiff Secretary of Labor by this action seeks to enjoin Defendant 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.S.C. § 201 et seq.), hereinafter referred to as the Act, and to restrain any withholding of payment of minimum wages and overtime compensation found to be due. Jurisdict...
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MEMORANDUM OPINION This is an action under 28 U.S.C. Section 1346(a) (1) for the recovery of federal income taxes and interest allegedly overpaid by the plaintiff in calendar years 1960, 1961, 1962 and 1963, amounting in the aggregate to $13,046.-93.1 Briefly stated, the issues to be determined are what part, if any, of the purchase price paid for a cement block manufacturing business should be al...
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ORDER On July 6, 1971, this court entered an order granting the plaintiff’s motion for a default judgment in the above-entitled action. Shortly afterward, the defendant moved for an order vacating the default judgment; such motion was denied *366by this court on August 31, 1971, 53 F.R.D. 319. The defendant since has moved for an order, pursuant to Rule 4 (a), Federal Rules of Appellate Procedure...
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*967 OPINION By Plaintiffs’ motion for summary judgment this Court is again called upon to reaffirm the principle set out in the First Amendment of the Constitution by which our forefathers prohibited political interference in affairs of the church and reiterated the admonition of Jesus Christ that we should “Render therefore unto Caesar the things that are Caesar’s; and unto God the things t...
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MEMORANDUM AND ORDER This case demonstrates in the strongest terms the glaring need for federal legislation in regard to long-term detention for treatment of mentally incompetent defendants. As the situation exists at present, federal courts face a painful *706 dilemma: either to confine the accused in flagrant violation of certain due process rights, or to release from custody an individual ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for trial before the Court without a jury on September 28 and 29, 1971. The Court having heard and considered the testimony, stipulations, exhibits and all the admissible evidence, the arguments of counsel and being fully advised now makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. In this action the Secret...
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ORDER Plaintiff, a Georgia limited partnership, is the owner of a parcel of land in Gwinnett County, Georgia. A portion of plaintiff’s property is presently zoned R-85 (residential); another portion is zoned C-2 (commercial). In June, 1970, plaintiff applied to the Gwinnett County Planning Commission to have the property rezoned to an RM (apartment) classification. Though the Planning Com...
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ORDER This tax refund case concerns the attempt of plaintiffs to characterize a substantial portion of the purchase price paid for a retail liquor store as the purchase of “goodwill” and to deduct that amount as an ordinary loss in the year the store was allegedly abandoned. The District Director disallowed plaintiffs’ deduction claims and assessed them additional taxes and interest which they pai...
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DECISION AND ORDER Fire broke out during the early morning hours of June 23, 1968 on board the Liberian vessel, S.S. NORTH AMERICA, then bound for Callas, Peru, when about 600 miles East South East of Honolulu, Hawaii, from which port the vessel had sailed on June 20, 1968. The vessel was laden with a cargo of copper concentrates having the stipulated value of $1,850,000. which was the pr...
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MEMORANDUM ORDER The Court has now read and considered the motion of defendant to dismiss the indictment herein, and also in addition thereto defendant’s motion to suppress certain evidence and return certain property seized from the defendant. The Court has heard oral argument of the parties concerning said motions and has considered the same together with the memoranda of the parties. The indic...
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MEMORANDUM OPINION Petitioner is seeking habeas corpus relief under Section 2254 of Title 28 of the United States Code. He is presently on parole from the Illinois State Penitentiary at Pontiac, Illinois, where he had been serving a fifteen-to-thirty year sentence imposed on December 13, 1962, by the Circuit Court of Cook County, Chicago, after he was found guilty by a jury of the offense of mu...
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MEMORANDUM AND ORDER This matter is here on plaintiff’s motion for a preliminary injunction under Rule 65 of the Federal Rules of Civil Procedure. Plaintiff alleges defendant has infringed his registered service marks, engaged in practices constituting unfair competition and violated a covenant not to compete. Plaintiff seeks injunctive relief restraining defendant from using the service ...
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OPINION Plaintiffs bring this action as a class action pursuant to Rule 23 F.R.Civ.P. on behalf of themselves and all others similarly situated in the Township of North Bergen, Hudson County, New Jersey. It is alleged that each of plaintiffs is a residential home owner in the Township of North Bergen and that local tax assessments upon their properties have been discriminatory, arbitrary,...
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MEMORANDUM These are motions in two related cases for orders pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, dismissing the actions on the ground of forum non conveniens. 28 U.S.C. § 1404(a). In the first case (70 Civ. 5564) , the plaintiff brings this action as widow and guardian of the surviving and minor child of the first assistant engineer of the Tanker M/V...
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This is an action brought by seven D’Youville College students and by D’Youville College for a judgment dedaring that their rights under Artide Six, Clause Two, and the First, Ninth, and Fourteenth Amendments of the Constitution of the United States have been abridged by Artide XI, Section 3 1 of the New York State Constitution (Blaine Amendment) in the distribution of state aid to private college...
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MEMORANDUM AND ORDER It is alleged that the defendant, First Federal Savings and Loan Association of Torrington, converted plaintiffs’ personal property, purportedly valued at $110,000, in breach of an oral agreement between the parties and in contravention of plaintiffs’ Fifth and Fourteenth Amendment rights. Plaintiffs are citizens of New York. Defendant is a corporation organized under the law...
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OPINION AND ORDER This matter is before the Court on defendant’s motions, pursuant to Rule 12 (b) (2) and 12(b) (5) of the Federal Rules of Civil Procedure, to dismiss for lack of in personam jurisdiction and to quash service of process. Plaintiff, Air Transport, Inc., an Ohio corporation, brings suit against defendant, Ransom Aircraft Sales and Brokerage, Inc., a Florida corporation, for b...
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OPINION AND ORDER This matter is before the Court on the motion of plaintiff for the entry of summary judgment under the provisions of Rule 56 of the Federal Rules of Civil Procedure. The Court also has before it the memoranda and exhibits of the parties. Rule 56, Fed.R.Civ.P. authorizes “a party seeking to recover upon a claim * * * [to] move with or without supporting affidavits fo...
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OPINION In this case petitioner seeks release from an involuntary call to active duty with the military. Petitioner, Richard E. Keister, Jr., is a member of the U. S. Army Reserve. On July 25, 1970, he reported to Camp Drum, New York, for a two-week period of active duty for training. By his own admission, Private Keister became intoxicated and left Camp Drum on August 1, 1970, six days before his...
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MEMORANDUM Defendants Anthony Farano, James Kermidas, Gerald F. Rohland and Samuel Riviello were tried jointly on separate two-count indictments 1 charging each with (1) knowingly transporting stolen copper wire and conduits from New York City to Hazleton, Pennsylvania, in violation of 18 U.S.C. § 2314 and 18 U.S.C. § 2, and (2) receiving and selling said stolen goods, knowing ...
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MEMORANDUM OPINION In this suit for damages under the anti-trust laws the plaintiffs, as defendants in a counter-claim, issued certain interrogatories against the counter claimant. The interrogatories under fire were objected to on the grounds that the information sought is not relevant to the subject matter of this suit and cannot lead to the discovery of evidence admissable at trial and also obj...
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ADJUDICATION This case comes before the court on a suit by a creditor to require a guarantor to pay the debt of a bankrupt corporation. The parties have stipulated to the following facts: * 1. Plaintiff is a Delaware corporation. 2. Defendant, at all times pertinent hereto, was an officer, director and stockholder of Sun Ray Drug Company (a Pennsylvania corporation), whi...
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MEMORANDUM The Trustees have petitioned for authorization to make certain improvements to the railroad’s major interchange yard at Selkirk, New York. The proposed improvements include the construction of two additional tracks to facilitate westbound departures from the classification yard, a bridge over the departure yard area, an additional lead track, and a conductor’s tower. Substantially all e...
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MEMORANDUM AND ORDER This plaintiff is before the Court seeking review of the decision of the Secretary of Health, Education and Welfare, denying an application for the establishment of a period of disability under Section 216(i) of the Social Security Act, 42 U.S.C. § 416(i), and for disability insurance benefits, as provided by Section 223 of the Act, 42 U.S.C. § 423. Plaintiff asks the Court t...
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OPINION AND ORDER This Court is called upon to rule on plaintiff’s motion to remand the instant action, as well as upon the motion to dismiss filed by defendants ITE Puerto Rico, Inc., R. Durand Associates, Inc. and Carlos A. Diaz. Since the issues involved are interrelated, both the motion to dismiss and the motion to remand are herein considered jointly. This action was originally brought b...
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OPINION This habeas corpus action was brought for the purpose of seeking to vacate petitioner’s judgment of conviction and sentence in Cause Nq. 72364, State of Texas v. Rodney Gene Broadway, in Criminal District Court No. 3, Tarrant County, Texas. In late 1965 and the first month of 1966, Rodney Broadway and a confederate, Burton Tarbell, were engaged in the past time of prowling th...
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OPINION AND ORDER This is a diversity action in which the plaintiffs seek compensatory and punitive damages for impairment of their property rights as a result of the defendant’s alleged pollution of Lake Champlain. The named plaintiffs, allegedly owners of lakefront property in Orwell, Vermont, seek to maintain this suit as a class action under Rule 23(b) (3) of the Federal Rules of Civil Proced...
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*1089 ORDER On March 5, 1969, Otis Lee Reese was indicted by the Grand Jury in the Northern District of Georgia for violation of the Military Selective Service Act of 1967. A non-jury trial was held on January 18, 1971, and the only evidence offered by the government was a copy of defendant’s Selective Service file. No witnesses were called by either party, and no testimony was taken. Defenda...
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ORDER This case is but another chapter in the raging controversy concerning the regulation of hair length and so-called “dress codes” in the public school system. The three named plaintiffs filed their action in this Court after being denied entrance to the Marietta High School because of their failure to comply with the rules concerning the mode of dress promulgated by the Board of Education of M...
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Claimants’ decedent was killed on March 16, 1968, while employed as a seaman aboard the S.S. African Star as a result of a collision between the S.S. African Star, the Tug Midwest Cities, and the barges Intercity No. 11 and Intercity No. 14 in the Mississippi River near the town of Port Sulphur, Louisiana. His father and mother, Mr. Cecil J. Naegele and Mrs. Mary Manning Naegele, make claims in...
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JUDGMENT In this diversity action, the plaintiffs, heirs of one Jules Lapene, seek to remove a cloud on their alleged title to two hundred and thirty-three acres of oil-rich water bottoms, ownership of which is claimed by the State of Louisiana, and on which the Louisiana State Mineral Board has granted mineral leases to Chevron Oil Company. Named defendants are Chevron and the Mineral Board. At ...
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This matter came before the Court on motion of the plaintiff, Avondale Shipyards, Inc. (hereinafter referred to as “Avondale”), to dismiss a counterclaim filed by the defendant, Propulsion Systems, Inc. (hereinafter referred to as “Propulsion”). Avondale’s stated basis for the motion is the contention that Propulsion lacks the capacity to sue or bring any judicial demand in that it is a foreign co...
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351 F.Supp. 1059 (1971) Veeriah V. KOTA, Plaintiff, v. Hal W. LITTLE et al., Defendants. Civ. No. 914. United States District Court, E. D. North Carolina, Fayetteville Division. September 29, 1971. *1060 *1061 Adam Stein, J. LeVonne Chambers, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., for plaintiff. Burley B. Mitchell, Jr., Staff Atty., Department of Justice, Raleigh, N. C., for d...
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*511 MEMORANDUM AND ORDER Before me is the motion of the United States of America on behalf of Pennsylvania Blue Shield (hereinafter PBS) for an order to dismiss garnishment proceedings and quash a writ of execution against PBS as garnishee. The plaintiff, Mrs. Patricia Jane Johnson, pursuant to a support order from the Common Pleas Court of Philadelphia against her husband, Dr. Robert John...
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ORDER OF REMAND In open Court on March 25, 1971, a motion by plaintiff to remand to the Secretary of Health, Education & Welfare was denied without prejudice to reconsideration upon receipt of the entire administrative file. After the filing of the record, the parties filed further memoranda and the plaintiff submitted recent medical reports showing further *546 deterioration...
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MEMORANDUM OPINION AND ORDER On March 24, 1971, Plaintiff filed his complaint in this Court against Mobil Chemical Company, a corporation, alleging that Plaintiff was a citizen of the State of Texas and that the Defendant was a Delaware corporation. The Plaintiff’s cause of action was based upon an injury sustained by Plaintiff while in the employment of Groendyke Trucking Company on July 28, 1...
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MEMORANDUM OPINION AND ORDER Plaintiff is a Texas corporation with its principal place of business in Amarillo, Texas, and is engaged in promotional advertising activities. Defendants are an individual citizen of the State of Kansas and a corporation organized under the laws of the State of Missouri, neither of said defendants having in the State of Texas any office nor any designated age...
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MEMORANDUM ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS On the 10th day of September, 1971, came on for consideration and hearing the above styled and numbered Petition for Writ of Habeas Corpus, and the Court, having considered the Petition, Respondent’s Answer thereto, Petitioner’s Reply and Briefs in support thereof, and comments of counsel, finds and rules as follows: In presenting his cl...
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DECISION and ORDER The defendant in this action is charged with a violation of 50 App. U. S.C. § 462 for his alleged failure to report for induction into the armed forces. Following arraignment, he filed several pretrial motions. In a joint pretrial report, counsel for the government and for the defendant since have stated that they have resolved all of the defendant’s *300motions except for a mot...
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Plaintiff brings this class action challenging the unwritten regulation of the Alabama Department of Public Safety which requires that each married female applicant use her husband’s surname in seeking and obtaining a driver’s license. The thrust of the complaint is that the refusal of the Department to issue plaintiff Forbush a driver’s license in her maiden name because she is married 1...
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*170 FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Plaintiff is a 32 year old citizen of the United States. He is an electronics engineer with a Bachelor of Science degree from the Drexel Institute of Technology and a Master of Science degree from the University of Pennsylvania. 2. Plaintiff was first granted a SECRET clearance for work in private indu...
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OPINION As the result of information obtained from a wiretap authorized by Judge Latchum of this Court, a search warrant was issued authorizing a search of the premises of the movant (Donlon). The search revealed a number of items some of which, at least, tended to indicate evidence of gambling activities on the part of Donlon. Despite this, Donlon has not been arrested, charged, committed or i...
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ORDER Sometime in the Spring of 1970 Mrs. Barbara Jinks was re-elected by the Atlanta Board of Education as a “probationary” teacher for the 1970-71 school year. She was offered a contract which she accepted May 28, 1970. On July 24, 1970 counsel for Mrs. Jinks wrote to the principal of the school in which she had been teaching to inform him that Mrs. Jinks was pregnant and was looking forward ...
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Defendants have brought this rule 12(b) motion to dismiss on the grounds that this court does not have jurisdiction over the subject matter because plaintiff Southeast Louisiana Building and Construction Trades Council is not a “labor organization” within the meaning of § 2(5) of the Labor-Management Relations Act, 1947 (Taft-Hartley Act), 29 U.S.C. § 152(5) (1964).1 *721Southeast Louisiana Buildi...
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*247 FINDINGS OF FACT and CONCLUSIONS OF LAW The plaintiff, SCA International, Inc. (hereinafter referred to as “SCA”), is an Ohio corporation having its principal place of business in Columbus, Ohio. The defendant, Garfield & Rosen, Inc. (hereinafter “G&R”), is a Massachusetts corporation having its principal place of business in Boston, Massachusetts. SCA brings this actio...
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MEMORANDUM and ORDER Plaintiff seeks a declaratory judgment invalidating Part 535 of Title 8 of the Rules and Regulations of the State of New York. Part 535, adopted under Education Law, McKinney’s Consol. Laws, c. 16, § 6450, which authorizes the Trustees of the State University to adopt Rules and Regulations for the maintenance of public order on State College Campuses and to provide a ...
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This is a motion to dismiss the complaint on the dual grounds that this Court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. F.R.Civ.P. Rules 12(b) (1) and (6). Alternatively, defendant moves for summary judgment pursuant to Rule 56 on the ground that there are no triable issues of fact. From the motion papers the facts can be b...
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ADJUDICATION Defendant, Quaker State Coca-Cola Bottling Co. (Quaker State), has moved for an order to satisfy two judgments against it in plaintiffs’ favor upon payment to plaintiffs by the Clerk of this Court of the respective amounts of their judgments, which were heretofore deposited with leave of Court. Plaintiffs, the guardian and the parents of Wendy Coleman, a minor, in their ...
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ORDER There are several motions before the Court in the case at bar. Plaintiff has filed a Motion to Amend the Complaint and a Motion to Remand which was opposed by defendant corporation. The latter has in turn filed a Motion for Issuance of Specific Stay Order and a Motion to File First Amendment to the Answer and Counterclaim. Plaintiff *232 brought a written opposition to the counterclaim ...
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THREE-JUDGE COURT OPINION and ORDER A Democratic primary election was held on June 8, 1971, to select a party nominee for the office of Mayor of Charleston to run in the general election for that office slated on December 14, 1971. The election was subject to the provisions of the general election law of South Carolina. Section 47-57, Code of Laws of South Carolina, 1962. Such general election ...
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JUDGMENT On this the 28th day of September, 1971, came on to be considered Plaintiffs’ Motion for Judgment on the Pleadings and the Court having considered the Answer of Defendant Secretary of State of the State of Texas, and the deposition of the Plaintiffs Ownby and Muncy on file herein, and being further advised that the Defendants, in light of the foregoing matters, have consented to the en...
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OPINION AND ORDER Late in the afternoon of Thursday, September 23, 1971, the Court was advised that the attorneys for W. A. Boyle had issued two subpoenas duces tecum calling for the production of certain documents by Deputy Attorney General Richard G. Kleindienst and departmental attorney Edgar Brown. Upon request of the government the matter was set *1026 down for hearing at 10:00 a. m. on ...
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OPINION AND ORDER This case came before the Court on the Motion of the defendants, by their attorneys, for an Interlocutory Appeal from this Court’s decision handed down on September 27, 1971, in which the Court granted the Government’s Motion to Quash the Subpoenas Duces Tecum. The defendants base their motion on 28 U.S.C. § 1292 (1970). The Court has given full consideration of the law surroundi...
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ORDER Plaintiffs seek injunctive relief and damages against defendant, a former employee, on grounds that he violated and continues to violate portions of a restrictive covenant contained in his employment contract with them. Defendant says the restrictive covenant is illegal because it is in general restraint of trade. This court’s jurisdiction was properly invoked pursuant to 28 U.S.C. § 1332 (...
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MEMORANDUM OF DECISION The action is presently before the Court pursuant to the mandate of the United States Supreme Court, vacating the judgment of the Court of Appeals which had affirmed the judgment here. It is the opinion of this Court that this mandate requires the entry of final *49 judgment for defendant on the plaintiff’s claim. Upon the original trial of this case, this Court concl...
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This cause came on on a former day for trial by jury. The jury returned a verdict in favor of the plaintiff, Richard O. Blackwell, after which the court set aside its previous order granting summary judgment to third-party defendant, Offshore Casing Crews, Inc., and its insurer, Insurance Company of North America. A second non-jury trial was held to determine the issue of Offshore’s and I.N.A.’s ...
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OPINION This is a 42 U.S.C. § 1983 action. Injunctive and declaratory relief is sought against the enforcement of Mass.G.L. c. 31 § 21(2). That sub-section denies to an otherwise qualified veteran a preference in opportunity for permanent appointment in the classified civil service of the Commonwealth if he is not one “(a) whose domicil was in Massachusetts for not less than six months ne...
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RULING ON ISSUE OF SEGREGATION This action was commenced August 18, 1970, by plaintiffs, the Detroit Branch of the National Association for the Advancement of Colored People 1 and individual parents and students, on behalf of a class later defined by order of the Court dated February 16,1971, to include “all school children of the City of Detroit and all Detroit resident parents who have chil...
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ORDER ON REVIEW OF ORDER AND FINDINGS OF REFEREE IN BANKRUPTCY Before the court at Minneapolis, Minnesota, on May 7, 1971, came the petition of Naftalin & Co., Inc. (Naftalin), an alleged bankrupt, to review an order of the Referee in Bankruptcy dated March 29, 1971 .adjudicating it a bankrupt, and finding that it is indebted to each of the six petitioning creditors, all stock brokerage h...
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MEMORANDUM AND ORDER This matter is before the court on plaintiff’s motion under Rule 37(a) of the Federal Rules of Civil Procedure for an order requiring defendants to produce and permit plaintiff to inspect and copy thirty-two identified documents. The main action is one brought under the Declaratory Judgment Act, 28 U.S.C. § 2201. Jurisdiction rests on 28 U.S.C. § 1332. Plaintiff is seeking ju...
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MEMORANDUM This matter comes before the Court on the hearing for the issuance of a temporary injunction. The Court, on its own motion has raised the issue of subject-matter jurisdiction based upon the fact that this case involves no substantial federal question. Dismissal for lack of a substantial federal question is entirely proper. Williams v. Miller, 48 F.Supp. 277 [N.D.Cal.1942], affi...
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MEMORANDUM Defendants, Associated Food Stores, Inc. (“Associated”) and Fedco Foods, Inc. (“Fedco”) brought on separate motions pursuant to Federal Rules of Civil Procedure 12(b) and 56 to dismiss plaintiff’s complaint or, in the alternative, to grant summary judgment to each. As both defendants have submitted “matters outside the pleadings” in support of their respective motions, the Court will co...
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This is an application under Rule 23 of the Federal Rules of Civil Procedure for approval of the settlement of a stockholder’s derivative suit. By court order, and on notice mailed to all stockholders setting forth the terms of settlement, a hearing was held April 10, 1970, at which counsel for the parties and for one objectant were heard. The suit alleges violations of § 10(b) of the Securitie...
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OPINION This cause came to be heard on plaintiff’s motion for a preliminary injunction restraining the defendant, Norfolk & Western Railway Company, its agents, servants, employees' and all persons in active concert and participation with it, pending a final hearing and determination of this action from: (1) violating the terms of the collective job protection agreement entered into on January 10...
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OPINION AND ORDER Plaintiff was a passenger in an automobile which left the road and struck a bridge abutment. The defendant’s answer admitted negligence on the part of the driver; the only defense pleaded *80 was assumption of risk on the part of the plaintiff. Plaintiff moved for summary judgment on the issue of liability. This was at first denied, because the record w...
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OPINION AND ORDER We have before us a petition in a chapter X reorganization proceeding for appointment of counsel for a debtor out of possession. The chapter proceeding is in progress. The petition has been opposed by the secured creditors. It is important to note that we do not have before us a petition for compensation for debtors’ counsel (any such petition would be premature); nor do we know ...
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OPINION AND JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus filed in forma pawperis by Thomas William Thompson, a state prisoner, pursuant to 28 U.S.C. §§ 2241 and 2254. The petition was originally filed in the United States District Court for the Eastern District of Virginia on August *3543, 1971, and, by order dated August 16, 1971, was transferred to this c...
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OPINION and JUDGMENT This case comes before the Court upon a petition for a writ of habeas corpus filed by Paul Timothy Shifflett, a state prisoner, pursuant to 28 U.S.C. §§ 2241 and 2254. The petition was filed with this Court on August 6, 1970. Petitioner was convicted on April 7, 1969, in the Circuit Court of Albemarle County under Section 46.1-387.2 of the Code of Virginia, as an habitual...
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OPINION and JUDGMENT This ease comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis, pursuant to the provisions of 28 U.S.C. § 2241. The petitioner, Julian Wayne Hazzard, is currently serving two consecutive ten-year sentences for malicious wounding pursuant to judgments imposed by the Hustings Court of the City of Roanoke, Virginia on July 29, 1969. The peti...
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MEMORANDUM The cargo owner, Georgia-Pacific Corporation, filed this action to recover damages sustained to cargo stowed in M/V MARILYN L, a vessel owned by Elvapores, Inc., 1 and time-chartered to Evans Products Company (charterer), with the charterer’s operating agent being Retía Steamship Company. In answers to interrogatories, Georgia-Pacific summarized its claim for loss an...
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OPINION AND ORDER This action was instituted by Seymour Hamilton, a seaman, to recover damages from defendant, his employer, under the Jones Act, 1 and general maritime law as a result of an accident which Hamilton sustained on-February 20, 1969. Hamilton contends that defendant is liable to him for personal injuries which he claims were caused by (1) the negligence of the...
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MEMORANDUM OPINION This is a petition directed to the Court for review of the referee’s decision adjudging that respondent was a secured creditor of the bankrupt and that respondent’s lien attached to the proceeds of the sale at public auction of the inventory of the bankrupt. Briefly stated, the facts are as follows. On July 22, 1966, by a written agreement, L. H. J. Enterprises, In...
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OPINION Defendant, Henry P. Gibbons, stands charged under T. 18 U.S.C. § 2232. 1 He has moved to dismiss the information, quash the search warrant and suppress all evidence. The motion will be denied. This charge arose out of a search conducted by F.B.I. agents. On January 13, 1971, the agents obtained search warrants to search both the person and home of the defendant for the purpose of ...
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ORDER On February 3, 1971, the Equal Employment Opportunity Commission [EEOC] served upon H. Kessler & Company [Kessler] a Demand for Access to Evidence pursuant to 42 U.S.C. § 2000e-9. Kessler then filed a petition in this Court, inter alia, to set aside the Demand pursuant to 42 U.S.C. § 2000e-9 (c). The EEOC has filed a cross-petition seeking enforcement of the Demand. The controversy herein be...
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MEMORANDUM DECISION On Thanksgiving night, November 27, 1969, at approximately nine p.m. and while at sea, plaintiff William K. Heath, an able-bodied seaman aboard the S. S. Hawaiian Merchant, while walking up the port, forward side of the ship to as *132 sume his duties as bow lookout, fell over a fire hose which had been left out on the main weather deck. As a result of his fall Heath susta...
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DECISION Petitioner seeks a writ of habeas corpus on the ground that he was inducted into the armed forces after his claim for conscientious objector status was improperly rejected. He contends (a) that his local Selective Service Board in New York and the Appeal Board in Illinois failed to classify him 1-0 (as a conscientious objector), although the evi*954dence adduced by him warranted this, (b...
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OPINION This action proceeds from certain admitted violations of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The government seeks to enjoin numerous irregularities practiced by defendants in violation of the Act, 21 U.S.C.A. § 331(a), (k). This Court has jurisdiction under 21 U.S.C.A. § 332(a). The government filed its complaint for an injunction restraining de...
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MEMORANDUM This is a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241(d). Petitioner, Frederick Johnson, is confined in Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction entered in May 1969 in the Bronx County Supreme Court, New York, on a charge of assault in the first degree and possession of a weapon as a felony. Mr. Johnson was sentenced...
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MEMORANDUM RE: HEARING HELD ON SEPTEMBER 14, 1971, REGARDING SPECIAL MASTER’S REPORT On March 7, 1969, the court decided that Gamble-Skogmo, Inc. (Skogmo) was legally responsible to account and make restitution to the plaintiffs herein for damages suffered, arising out of a false and misleading proxy statement issued by Skogmo to secure the votes of the stockholders of General Outdoor Adve...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION The plaintiffs, The Munehak Corporation and RDG Corporation, a joint venture d/b/a The Carolina Cougars, seek by this action to enjoin the defendant, William John Cunningham, from performing services as a professional basketball player for any professional basketball team other than The Carolina Cougars for the term of alleged contracts he signed...
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*96ORDER This cause originally came on to be heard pursuant to an order issued to the defendants to show cause why a preliminary injunction should not issue pending the final hearing and determination of this action requiring defendant, pursuant to the Railway Labor Act, 45 U.S.C. § 152, paragraph First, to commence immediately good faith negotiations with the plaintiff to make an agreement concer...
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MEMORANDUM OPINION Motions by defendants to dismiss in four related actions have been consolidated for hearing. The principal issue is whether the court has long-arm jurisdiction over California lawyers alleged to have participated in sales of unregistered securities within the district of Oregon. In civil case No. 71-168, the several plaintiffs are Oregon residents who purchased unr...
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MEMORANDUM AND ORDER This present action arises out of a collision occurring September 11, 1967, between a tractor trailer operated by plaintiff’s decedent and another vehicle operated by Leon Hafer and owned by Hafer’s employer, Unger Motor Company (Unger). As a result of this collision, decedent was crushed in the cab of the tractor by steel coils which were being carried on the at...
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OPINION AND ORDER The above-named defendants were charged in a three-count indictment with various criminal acts involving the preparation and subsequent audit of the 1965 individual income tax return of Sue Bruno. Count I charged defendants, Angelo Bruno, Martin A. Coopersmith and Marvin J. Levin, with unlawfully conspiring to defraud the Government by obstructing the Internal Revenue Se...
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*662 MEMORANDUM AND ORDER Petitioner was convicted of voluntary manslaughter in a state trial by a judge without a jury and sentenced to serve from four to 12 years in a correctional institution. Thereafter, he petitioned under Pennsylvania’s Post Conviction Hearing Act for leave to file motions for a new trial or in arrest of judgment nunc pro tunc. Leave was granted, but after argument, the...
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OPINION Stanley Ray Bond is charged with bank robbery under 18 U.S.C. § 2113. A number of motions for discovery have been filed on his behalf under Rule 16, F.R.Crim.P. Most of the motions were resolved at the time of oral argument. Three of the motions (To be Furnished With Evidence Favorable To the Accused; To Inspect Physical Evidence; and To be Furnished With Statements of Promises, Rewards or...
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OPINION Respondent, United States of America, has moved for dismissal of libelant’s action pursuant to Fed.R.Civ.P. 41(b) following presentation of libelant’s case on the issue of liability only before the Court without a jury, on the ground that upon the facts and the law libelant has shown no right to relief. FINDINGS OF FACT 1. On February 15, 1963, John Chestnut was employed by Sun Shipbuildi...
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MEMORANDUM OPINION AND ORDER Plaintiffs, five members of Ice Machinery Independent Employees’ Association, hereinafter called “Union,” and all of them delegates representing various units of the Union have brought this action against the Union and against Arthur Rider, Jr., Financial Secretary, James Raub, Treasurer, Irwin Swartzbaugh, Recording Secretary, and thirteen named delegates alleging1 a...
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MEMORANDUM AND ORDER This plaintiff is before the Court seeking review of the decision of the Secretary of Health, Education and Welfare, denying an application for disability benefits under the provisions of the Social Security Act, as amended, under 42 U.S.C.A. §§ 416(i) and 423. Plaintiff asks the Court to decide whether, from the record as a whole, the decision of the Secretary o...
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MEMORANDUM AND ORDER This plaintiff is before the Court seeking review of the decision of the Secretary of Health, Education and Welfare, denying an application for disability benefits under the provisions of the Social Security Act, as amended, under 42 U.S.C.A. 216(i) and 223. Plaintiff asks the Court to decide whether, from the record as a whole, the decision of the Secretary of Health, Ed...
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DECISION AND ORDER GRANTING PRELIMINARY INJUNCTION This cause came to be heard upon a verified complaint requesting the issuance of a temporary restraining order prohibiting defendant union from proceeding with an action in the courts of Puerto Rico wherein said defendant had, on August 17, 1971, obtained without notice a temporary restraining order enjoining the Wackenhut Corporation, a ...
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OPINION and JUDGMENT The court by tentative views rendered August 27, 1971 outlined its decision in this case. Since that date, counsel have submitted further memoranda (filed September 1, 1971) urging their respective positions on the issues involved. Upon mature consideration it is adjudged and decided as follows: The plaintiff in the case at bar is an unincorporated labor organiza...
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The Southern Christian Leadership Conference (SCLC) brings this action against the Small Business Administration (SBA) and John Connolly as a class action on behalf of itself and all black businessmen in metropolitan Detroit. They allege violations of the Aid to Small Business Act and the Civil Rights Act of 1964. Plaintiffs allege that certain corporations — all interrelated: All Pro Ente...
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MEMORANDUM In this action, plaintiff, a Delaware corporation having its principal place of business in Chesapeake, Virginia, seeks to recover from defendant, a Missouri corporation having its principal place of business in St. Louis, Missouri, for goods, wares and merchandise sold and delivered by plaintiff to defendant. By counterclaim, defendant seeks to recover for missing and below-grade items...
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*933 MEMORANDUM OPINION Plaintiff, Essex County State Bank (Bank), a New Jersey banking corporation, sues Fireman’s Fund Insurance Company (Fireman’s), a California corporation, and The Aetna Casualty and Surety Company (Aetna), a Connecticut corporation, on a “Bankers Blanket Bond.” Originally brought in state court, this diversity action was removed to this Court. 28 U.S.C. § 1...
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*649MEMORANDUM and ORDER This order to show cause arises from an action denominated a rule 23 class action seeking damages and injunctive relief for defendant’s alleged violations of § 1 of the Sherman Act, 15 U.S.C. § 1 (1970). This action, Weight Watchers of Philadelphia, Inc. v. Weight Watchers Int’l, Inc., 71-C-1089 (E.D.N.Y., filed Aug. 13, 1971), has been assigned to Judge Walter Bruch-haus...
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OPINION and ORDER This suit for refund of federal estate taxes involves one of the more abstruse and obscure branches of the Pennsylvania law of decedent’s estates. The rule formerly was that where under a will, personal property was awarded directly to a life tenant for life with remainder over, the life tenant was treated as a debtor to the remainder man in the amount of the personal pr...
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OPINION The defendant was convicted of selling stolen motor vehicles. His motions for a new trial and for judgment of acquittal now bring the matter before the court. A review of the record reveals the following facts. On seven separate occasions defendant went to various junk dealers and bought automobiles of recent vintage which had been wrecked ostensibly beyond repair. At the same time, h...
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OPINION AND ORDER In this case the issue of liability was tried to a jury which returned a verdict in favor of the plaintiff. Judgment was entered in his favor for $7,500, the agreed amount of his damages. The defendant moved for judgment n. o. v. and alternatively for a new trial. We think both motions should be denied. MOTION FOR JUDGMENT N. O. Y. At the close of all the evide...
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MEMORANDUM OPINION AND ORDER Plaintiffs are former County employees, hired “at will” as juvenile detention officers, who claim they were discharged in violation of their constitutional rights. As public employees, hired at will, they assert that they were entitled, under the Fourteenth Amendment of the Constitution of the United States, to a notice with a specification of reasons for disc...
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MEMORANDUM AND ORDER Defendant-movant Samuel Orrin Hutchins has been indicted1 for four counts of bank robbery, 18 U.S.C.A. § 2113(a), (b), and (d). The United States Attorney has informed counsel for the defendant-movant that no witness at the bank identified the defendant as participating in the robbery, but that the Government has available a witness able to place the defendant at the scene of ...
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MEMORANDUM AND ORDER This matter is before the Court on the application of Kawasaki Kisen KK, third-party defendant in Civil Action No. 70-919, for production of documents pursuant to Rule 34 of the Federal Rules of Civil Procedure. The documents sought were ordered produced for the benefit of defendant Hartford Fire Insurance Company by the Court on July 22, 1971, when plaintiff filed no answer o...
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OPINION The defendant is charged in an indictment with refusing to submit to induction into the United States Army in violation of 50 U.S.C. App. § 462(a). He waived his right to a trial by jury and was tried to the Court. At the conclusion of said trial I reserved decision pending the filing of memoranda by counsel for the Government and for the defendant which have been carefully considered by m...
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OPINION The defendant, John Ernest Fargnoli, was indicted for refusing to submit to induction into the United States Army in violation of 50 U.S.C.. App. § 462(a). He waived his right to a trial by a jury and was tried to the Court. At the conclusion of said trial I reserved decision pending the filing of memoranda by counsel for the Government and for the defendant which have been carefully consi...
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MEMORANDUM OPINION This is a suit for injunctive relief against defendants for alleged violations of 12 U.S.C. § 1701u and the regulations *723 of the United States Department of Housing and Urban Development. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331, which provides for federal court jurisdiction of all civil actions arising under federal law wh...
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OPINION Plaintiffs, Helco, Inc., and James Potter have brought suit against First National City Bank, defendant, on an *284 account and for damages. The dispute grows out of an undertaking by the corporate plaintiff to construct a dwelling house for defendant. Potter is president of Helco, Inc. In its present posture, the cause is before the Court on defendant’s motion to...
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DECISION and ORDER The defendant, Boris R. Nick, has moved for an order dismissing the complaint as to him. The complaint seeks the sum of $1225.16, representing additional services and materials furnished by the plaintiff in connection with the construction of a post office in Elm Grove, Wisconsin. The complaint avers that Mr. Nick is the postmaster of the post office at Elm Grove a...
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MEMORANDUM OF DECISION The petitioner, presently incarcerated in the Federal Correctional Institution at Danbury, Connecticut, has filed a petition for a writ of habeas corpus, seeking to expunge detainers filed against him by the State of Florida. Petitioner, relying on Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969) and Dickey v. Florida, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed....
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OPINION-ORDER Before RONEY, Circuit Judge, and ARNOW and MIDDLEBROOKS, District Judges. This cause is before this duly constituted Three-Judge Court in which plaintiffs seek declaratory and injunctive relief pursuant to Title 28, United States Code, Sections 2201 and 2281, to have § 797.01 and § 797.02, Florida Statutes, F.S.A. declared unconstitutional as applied to plaintiffs as being viola...
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ORDER OF COURT This is a civil action instituted by the plaintiff to obtain court review of the Appeal Council’s dismissal of her petition to reopen a prior hearing denying her claim for social security disability benefits. Defendant has filed Motion for Summary Judgement based upon the administrative record and has supported his motion by a brief. The plaintiff has not filed a brief in oppositio...
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ORDER Plaintiffs have filed a motion under Rule 60(b) F.R.C.P. for relief from the summary judgment granted defendants by this Court on June 29,1970. The motion is directed to what plaintiffs consider error of law in the Court’s Order of 1970 and requests relief from same. • Plaintiffs move under Rule 60(b) (6) which empowers the Court to grant relief to a party from a final judgment for any reas...
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ORDER This action presents a claim under the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq. (1970), in which plaintiff seeks to recover the statutory penalty, plus allowable costs and reasonable attorney’s fees, provided by the Act. Jurisdiction exists under 15 U.S.C. § 1640(e) (1970). Plaintiff has brought this as a class action and the matter is now before the court on defendant’s motion to te...
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MEMORANDUM OPINION This is an action to recover federal income taxes. The record in this case consists of the pleadings, a stipulation filed June 16, 1971, and the depositions of John R. Thompson and Theodore P. Parker submitted to the Court in lieu of a trial. The basic issue in this case is whether plaintiff sustained a loss which is deductible from ordinary income in computing its fede...
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I. FACTS On March 4, 1967, special agents of the Internal Revenue Service seized $22,-993.00 in currency and one 1967 Chevrolet, Caprice station wagon, 8 cylinder, Motor No. 1664557D106199, its tools and appurtenances. The United States filed a complaint on June 14, 1967, against the seized property for its forfeiture because of violations of various sections of the internal revenue laws. ...
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OPINION AND ORDER By this action the plaintiff, Dolly Cusker Akers, widow of John J. Akers, seeks to review the action of the Secretary of the Interior in distributing the trust estate of John J. Akers. The action of the Secretary is subject to judicial review under the Administrative Procedure Act, 5 U.S.C. § 701 et seq. Tooahnippah v. Hickel, 397 U.S. 598, 90 S.Ct. 1316, 25 L.Ed.2d 600 (1970). ...
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This is an action by Fred Cherry (Cherry) and Alan Charmatz (Charmatz) to convene a three-judge-court pursuant to 28 U.S.C. §§ 2282 and 2284 to enjoin the Postmaster General from seizing, detaining, impounding, forfeiting, destroying, or otherwise impeding the delivery of certain post cards which will be more fully described below. 1 Plaintiffs also request a declaratory judgment tha...
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This action was brought under the Federal Torts Claim Act (28 U.S.C. 2671-80; 1346(b)) by the decedent’s widow as Administratrix. The deceased, Raymond Walter Gillman, was a mental patient in the Northport Hospital maintained by the Government. On May 10, 1967 Gillman committed suicide by immolating himself, after dousing himself with turpentine, in the courtyard of the Hospital. The plaintiff cha...
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OPINION AND ORDER K. W. Owens, an inmate of the State Correctional Institution at Dallas, Luzerne County, Pennsylvania, presents to this court a “Criminal Complaint” charging the above named state officials with conspiracy to violate §§ 1703 and 1708, Title 18 U.S.C., 1 between August 11th and August 17th, 1971, and “Currently Practicing; Committing; said Offenses As of the Date of this Writi...
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MEMORANDUM AND ORDER. The Debtor’s contract with Consolidated Edison Company of New York, Inc., in effect since June 25, 1957, requires the Debtor to take or pay for a minimum of 40,000,000 kilowatt hours of electricity per year. On July 20, 1970, by Order No. 18 in these proceedings, the Debtor was directed to pay to various utility companies, including Con Ed, “all charges and accounts due for s...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner filed on June 18, 1971, a Petition for Writ of Habeas Corpus seeking his release or discharge from the custody of the respondents. In the alternative, the petitioner seeked that he be not removed from the jurisdiction of this Court, pending the final determination of his petition and that upon a f...
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DECISION and ORDER The defendant has moved to dismiss the complaint because the indictment was not returned by the grand jury until almost two full years after the alleged crime. The defendant is charged with failure to report for induction on June 2, 1969. The indictment was returned on May 26, 1971. The defendant has filed an affidavit which asserts that the pre-indictment delay has prejudiced h...
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MEMORANDUM AND ORDER Petitioner has filed herein a petition for writ of habeas corpus. Pursuant to an order of this Court, respondent has filed a response together with a complete record of petitioner’s trial and the hearings held in connection therewith. Petitioner has also filed a reply to the response. Petitioner alleges two' procedural infirmities of constitutional dimension. They are: (1...
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MEMORANDUM OPINION This diversity case which is a suit on the uninsured motorist endorsement appearing in a policy of automobile insurance issued by the defendant, Pilot Fire & Casualty Insurance Co., was tried to a jury on September 7, 1971. The jury returned a verdict in favor of the plaintiff, Lois Alexander; 1 the jury found that Mrs. Alexander’s damages amounted to $25,000...
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MEMORANDUM AND ORDER OF DISMISSAL On motion of plaintiff, filed after issue joined, to dismiss the complaint in subject diversity case without prejudice, which motion is resisted by defendant. The suit arises out of an automobile accident that occurred in close proximity to the tracks of the defendant, Missouri Pacific Railroad Company, in Faulkner County, Arkansas. It is the theory of the plainti...
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In this action plaintiffs have moved for a preliminary injunction upon the basis of the record filed in support of plaintiffs’ application for a temporary restraining order. The defendants and plaintiffs have stipulated that the application for preliminary injunction may now be submitted upon all of the records and files in this action. Plaintiffs seek a preliminary injunction enjoining defendant...
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*926 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This cause having come on for hearing on plaintiffs’ Motion for Preliminary Injunction on September 15 and 16, 1971, and upon consideration of the motion, defendants’ opposition thereto, evidence adduced at the hearing and arguments of counsel, the Court, in accordance with Rules 52 and 65 of the Federal Rules of Civil Procedure, makes the f...
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MEMORANDUM OF DECISION The petitioner, presently incarcerated in the Federal Correctional Institution at Danbury, Connecticut, has filed a petition for a declaratory judgment and injunctive relief, seeking to expunge a detainer filed against him by the State of Louisiana. Petitioner, relying on Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969) and Dickey v. Florida, 398 U.S. 30, 90...
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Billy Wayne Sinclair, an inmate of the Louisiana State Penitentiary incarcerated on “Death Row”, brought this suit for a declaratory judgment, a preliminary injunction, and a permanent injunction against Louis Sowers, individually and in his official capacity as Director of the Louisiana Department of Corrections; against A. J. Lyons, Douglas L. Manship, H. C. Peck, and J. L. Walker, individually...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF THIS COURT’S ORDER GRANTING THE MOTION OF CRESCENT RIVER PORT PILOTS ASSOCIATION, DEFENDANT, AND THE INDIVIDUAL MOTIONS FOR SUMMARY JUDGMENT OF PILOTS GLENN F. ADAMS THROUGH JAMES D. WINSTON, INDIVIDUAL DEFENDANTS On April 6, 1969, the S/S UNION FAITH was in collision with the tow of the Tug WARREN DOUCET in the Mississippi River at Ne...
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The issue in this case is whether a hotel may lawfully discharge a bellman because, previous to his employment by the hotel, he had been convicted of theft and of receiving stolen goods. The argument that raises the issue is based on the thesis that it can be shown that more black persons than white have been convicted of serious crimes, and hence that the discharge of persons based solely on the...
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On May 11, 1970, Chesapeake National Bank, of Towson, Baltimore County, Maryland, applied to the Comptroller of the Currency for permission to establish a branch bank at 209 Main Street, Annapolis, Anne Arundel County, Maryland. A detailed summary of economic and financial information was submitted by Chesapeake in support of its application. Competing banks in the area and the Maryland St...
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Defendant registered with his Local Board No. 89 Ramsey County on September 9, 1965. He was variously classified as II-S and I-A until September 18, 1969, on which date he received his last classification of I-A. On October 28, 1969 he was mailed a notice to report for induction on November 24, 1969. His file was subsequently sent to State Headquarters and his induction was postponed until June 1...
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MEMORANDUM AND ORDER This matter is before the court on cross motions for summary judgment. The action, brought under the Labor-Management Relations Act, with jurisdiction based on 29 U.S.C. § 185, alleges violations of the collective bargaining agreement between the parties.1 The issue involved is whether the dispute between the parties is or is not one subject to arbitration. A secondary issue ...
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MEMORANDUM This cause came to be heard upon defendant’s motion to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Several exhibits and an affidavit were submitted by the defendant and thus, *1056 this motion to dismiss will be treated as a motion for summary judgment under Rule 56 as provided for in Rule 12(...
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OPINION and ORDER We are asked to grant a new trial in the within ease following the entry of a directed verdict for the defendants at the close of plaintiff’s testimony. The complaint alleged that Wilmer 0. Parker traveling alone on July 4, 1966, at about 8:30 P.M. was operating his Ford car on Interstate 70 east of Belle Vernon in Westmoreland County, Pennsylvania, when he reached a dip in ...
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MEMORANDUM AND ORDER Plaintiff, Ernest Jordan, commenced this action against defendant, United States of America, under the Federal Tort Claims Act, as amended, 28 U.S.C. §§ 1346(b), 2671 et seq. Defendant has now moved to dismiss the complaint averring that the claim is barred by the statute of limitations and, therefore, this Court lacks jurisdiction over the subject matter of the complaint. ...
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MEMORANDUM AND ORDER The Debtor is the corporate successor to the New York Central Railroad which, in turn, was the corporate successor of, inter alia, the Mohawk and Malone Railway Company. The petitioner, Irving Trust Company, is the successor indenture trustee of the first mortgage of the Mohawk and Malone Railway Company, dated July 1, 1892, securing an issue of $2,500,000 ...
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MEMORANDUM AND OPINION This matter is before the Court on “defendant’s motion for an order excluding plaintiff from using certain of defendant’s answers to interrogatories at trial.” The answers sought to be excluded are answers which admit the presence of a rug at the time and place where the injury to plaintiff occurred. Said answers were seasonably amended to deny the presence of the rug. Whil...
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MEMORANDUM DECISION The plaintiffs in this cause of action filed suit against the Commissioners’ Court of Hardin County, Texas, and others, alleging that the Commissioners’ Precincts were not divided on a geographic basis to give proportionate representation to the people of Hardin County, Texas. The case was duly heard, briefs submitted to the Court and oral argument was held before the Court....
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MEMORANDUM OF DECISION This is a civil action under Title VII of the Civil Rights Act of 1964, 42 U.S. C. § 2000e et seq. Both sides have moved for Summary Judgment on the issue of violation, and the Court, having considered the pleadings, motions, briefs in support thereof, and comments of counsel, finds and rules as follows: The material facts are undisputed. Named plaintiff is a l...
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OPINION AND ORDER GRANTING MOTION BY GOVERNMENT FOR PHYSICAL EXAMINATION OF DEFENDANT This motion came on regularly for hearing on September 13, 1971, at 2:00 P.M., having been brought by the plaintiff seeking an order for physical examination of defendant Lawrence Alan Bender. Lawrence Alan Bender has been indicted on charges that he confederated and conspired together with his co-defend...
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OPINION This matter is before the Court on defendant Enten’s motion for an order permitting defendant to comment upon co-defendant Lemonakis’ failure to testify. Defendant Enten relies heavily upon the “De Luna rule” enunciated in De Luna v. United States, 308 F.2d 140 (5th Cir. 1962). The facts of De Luna are not complicated but a brief outline of them will be helpful in understanding the ...
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MEMORANDUM AND ORDER Defendant Lena Glimco moves that the complaint, in this action to reduce to judgment federal tax assessments outstanding against her and her husband, be dismissed as to her. For the reasons discussed below, the motion will be denied. Pursuant to a decision of the United States Tax Court, an assessment was made against Joseph P. Glimco and the movant, Lena Glimco,...
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MEMORANDUM OPINION AND ORDER This is an action for damages by plaintiff, Walter T. Thompson, suing on his own behalf, against both Major Enterprises, Inc., of the District of Columbia, and Major Enterprises, Inc.,.of the State of Delaware, and several of said corporations’ directors and officers, based on alleged violations of federal securities laws. The claim purportedly arises out of transacti...
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MEMORANDUM OPINION AND ORDER This is an action by Local 7-210, Oil, Chemical and Atomic Workers International Union, AFL-CIO (OCAW) against Union Tank Car Company (Company) to enforce the damages portion of a labor arbitration decision. Jurisdiction is based on Section 301 of the Labor Management Relations Act, 29 U. S.C. § 185. Both parties moved the Court to dismiss and/or for summary judgment....
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MEMORANDUM AND ORDER This is an action instituted against the defendant for the recovery of federal excise wagering taxes assessed and collected by the defendant from the plaintiff pursuant to 26 U.S.C. Section 4411 and 4401. The principal cause of the assessment was the failure of the plaintiff to file the required excise wagering tax returns for the period January 1, 1968, through August 31, 196...
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This matter came on for hearing on a prior day on the motion of the United States of America, intervenor herein, for supplemental relief when, after hearing the evidence and arguments of counsel, the Court took time to consider. Now, after due consideration, the motion of the United States of America for supplemental relief is denied. REASONS The evidence in this case shows that this Court is...
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OPINION PRELIMINARY STATEMENT Our jurisdiction in this action rests upon 28 U.S.C. § 1343(3). Plaintiffs, under Rule 23 F.R.Civ.P., bring this as a class action 1 under the Civil Rights Act (42 U.S.C. § 1983) to temporarily restrain and preliminarily and permanently enjoin defendants from interfering with the peaceful use of public parks of Shreveport. Additionally, declaratory relief (28 U...
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OPINION AND ORDER On July 19, 1971, plaintiff herein filed in this Court a “Complaint for Injunctive Relief Under Civil Rights Act of April 20, 1871 (42 USCA 1983 and 28 USCA 1343, Sec. 3)” praying us to issue both a temporary and final injunction against the defendant, a judge of the Superior Court.of Puerto Rico, prohibiting him to try the petitioner in Criminal Case No. G70-2599 on July 20, 197...
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MEMORANDUM OPINION AND ORDER The petitioner, William L. Meadows, pleaded guilty to a charge of robbery by assault, had his punishment determined by a jury, and.is now serving the resulting fifty year sentence imposed on March 25, 1959, by the District Court of Tyler County, 88th Judicial District of Texas. He did not appeal the judgment of conviction and sentence. He now seeks relief from his inc...
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JUDGMENT Plaintiffs herein sue, challenging the constitutionality of a provision of Section 175 of the Charter of the City and County of San Francisco which provides that any candidate who desires to have his name placed in nomination and on the ballot for municipal office must pay to the Registrar of Voters a fee amounting to two percent of the current annual salary of the position he seeks. ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT By information, the defendant was charged with a violation of the Selective Service Act, in that he failed to comply with an order of his local board to perform civilian work. The charge was tried to the court without a jury on June 29, 1971. The matter was then continued for the filing of briefs. The Court has considered the evidence and the brief...
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CONSOLIDATED OPINION On November 10, 1970, this Court denied the plaintiffs’ and the defendants’ *984 motions for summary judgment without prejudice to their respective rights to renew said motions. 1 This ease is presently before the Court upon the plaintiffs’ renewed motion for partial summary judgment on the issue of liability under the Securities Act of 1934, S...
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MEMORANDUM OPINION Motion to Dismiss This is a petition for a writ of habeas corpus by a prisoner presently incarcerated at Illinois State Penitentiary, Stateville, Joliet, Illinois, pursuant to a lawful conviction for armed robbery from the Circuit Court of Cook County. Prisoner is seeking release from “B” house lock-up (a mode of segregation designated for more difficult to handle prisoners...
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MEMORANDUM ORDER The defendant’s motion to transfer this action is the second chapter in what promises to be a multi-volumed history of a controversy surrounding the validity of two patents in the cardiac pacemaker field. A summary of the facts of this dispute is not necessary in view of the publication of the introductory chapter, Medtronic, Inc. v. American Optical Corp., 327 F.Supp. 13...
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MEMORANDUM AND ORDER I. Petitioner, a prisoner in the Missouri State Penitentiary, has filed a petition for a writ of habeas corpus attacking the constitutional validity of his five year sentence for robbery in the first degree. The sentence was imposed on November 8, 1968, after a plea of guilty in the Circuit Court of Jackson County, Missouri. The Supreme Court of Missouri in Robin...
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MEMORANDUM OPINION and ORDER These matters come on by way of motions by the defendant to dismiss the amended complaint of one of the plaintiffs, United Textile Corporation. Plaintiffs sue for damages, direct and consequential, allegedly sustained by them, resulting from defective machinery and equipment purchased by them from the defendant, and thereafter used by them in their business. ...
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FACTS The amended complaint names thirteen defendants whose alleged acts and omissions deprived the plaintiff of his rights in a copyrighted program designed to encourage private enterprise to invest in underdeveloped Latin American countries. Plaintiff allegedly gave his program to various defendants but never with the intention of relinquishing his rights therein. In 1967 plaintiff commenced an ...
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OPINION and ORDER The instant suit for personal injuries was initiated in April of 1967. Jurisdiction is predicated on 28 U.S.C.A. § 1346(b), the Federal Tort Claims Act. From then until March of 1971, the proceedings were stayed on motion of the plaintiff pending administrative disposition of plaintiff’s claim under The Military Claims Act, 10 U.S.C.A. § 2733. 1 Following denial of that clai...
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MEMORANDUM and ORDER National Research Bureau (NRB) commenced this action against defendant Bartholomew for trade mark infringement, unfair competition and other related claims. Defendant has answered and counterclaimed charging NRB with violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1, 2. We are now confronted with NRB’s motion to dismiss the counterclaim for failure to state ...
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ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS On the 27th day of August, 1971, came on for consideration and hearing the above styled and numbered Petition for Writ of Habeas Corpus, and the Court, having considered the Petition, Respondent’s Answer thereto, Petitioner’s Reply and Briefs in support thereof, comments of counsel, and evidence adduced at the hearing, finds and rules as follows: ...
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MEMORANDUM AND ORDER This is a suit in admiralty brought by the widow of a deceased employee against her late husband’s employer, seeking punitive damages and alleging that defendant was grossly negligent in causing the *1094 employee’s death. Plaintiff’s decedent, William Garibay, was employed by and was working for Harry Decker, doing business as Western Marine, on the barg...
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MEMORANDUM AND OPINION: This suit was instituted by the United States against the Armco Steel Corporation to permanently enjoin it from discharging certain effluent wastes into the Houston Ship Channel, Harris County, Texas. With subject matter jurisdiction predicated on Title 28, U.S.C.A., Section 1345 in the original complaint, the United States charges Armco with violation of Title 33,...
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OPINION Plaintiff shipowner (Cosmos) having been held liable without fault to a longshoreman for injuries sustained during the process of loading, and having failed to exact indemnity from the stevedore now seeks indemnity from the United States as time charterer. The facts are set forth in Allison v. Cosmos Steamship Corp., 433 F.2d 840, (9th Cir. 1970), and will not be repeated. Resolutio...
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DECISION and ORDER In this action, the defendant is charged in a two-count indictment. In the first count, he is accused of knowingly possessing certain firearms after having previously been convicted of a felony, in violation of 18 U.S.C. App. 1202(a); in the second count, he is charged with the possession of a machine gun not registered to him, in violation of 26 U.S.C. §§ 5861(d) and 5871. The...
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OPINION AND ORDER This is an action pursuant to Title 28 U.S.C. §§ 1331, 1361, and 2241 for permanent injunctive relief. Plaintiff is a member of the United States Army Reserves assigned, since May 25, 1966, to Company C, 961st Engineer Battalion, Milwaukee, Wisconsin. On October 30, 1968, active duty orders were issued ordering plaintiff to report for active duty on December 3, 1968. The act...
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ORDER ON MOTION FOR SUMMARY JUDGMENT The facts of this case are not in dispute. The defendant, claiming that the plaintiff was indebted to him, filed suit in the Mobile County Court of General Sessions. Contemporaneously, pursuant to Code of Alabama, Tit. 7, § 996 et seq. (1958), a prejudgment garnishment was taken on plaintiff’s wages. The plaintiff, arguing that his fourteenth amendment rig...
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MEMORANDUM OF DECISION The plaintiff is seeking injunctive relief and treble damages, because of the alleged infringement of its registered trade and service marks in violation of the Lanham Trade-Mark Act of 1946, 15 U.S.C. § 1051 et seq. The pre-trial order expressly reserved for subsequent proceedings an accounting of the profits or other damages in the event the plaintiff prevailed an...
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ORDER FINDINGS AND CONCLUSIONS OUTLINE OF CASE This is a taxpayer suit against the United States to recover the sum of $11,861.05, consisting of $2,454.60 in federal income taxes; $303.29 as the 5% addition to such tax; $8,137.53 in federal wagering excise taxes, and $965.63 as the addition thereto. Statutory interest from dates of payment are sought. The taxable periods involve...
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ORDER OF REMAND On July 6, 1971, I granted Mr. Mc-Lendon’s petition for writ of habeas corpus on the ground that he was denied his Sixth Amendment right to effective counsel at his trial for forgery in the Superior Court of Wilkes County in that his attorney was not afforded adequate time to prepare a defense. I ordered Petitioner’s discharge if he was not brought to trial within ninety days. He h...
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MEMORANDUM DECISION Before this Court are three motions. Plaintiff and defendant both seek summary judgment and, in the alternative, defendant asks for a change of venue. Each party in moving for summary judgment claims that there are no fact issues to be resolved. The instant case is a rematch between these two parties, the first bout having been a protracted five week affair in State court,...
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Plaintiffs were invovled on May 24, 1969 in an automobile accident with a Chevrolet pickup truck owned by Duluth Heating and Sheet Metal Supply Company and being driven by defendant William Murdock Ohnsted with its permission and consent. Plaintiff Betty B. Schiek was driving a Pontiac car and was in the process of passing defendant’s car on a rural highway, traveling at approximately 70 to 75 mil...
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MEMORANDUM AND ORDER The Debtor owns 1,045,593 shares of the common stock of Madison Square Garden Corp. (MSG).1 Of this, 902.-690 shares are pledged as security for the Debtor’s obligations under a Guaranty and Subordination Agreement dated December 1, 1964, pursuant to which the Debtor guaranteed the payment of principal and interest on certain notes, aggregating $50,000,000, of the Pennsylvani...
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MEMORANDUM This controversy involves a collision between the RUTH LAKE, owned and operated by Iron Ore Transport Co., Ltd., and the FLYING FOAM, owned and operated by American Export Isbrandtsen Lines, Inc., which occurred on May 7, 1967, at approximately 0246 E. D.S.T. in the international waters off the coast of Virginia. The RUTH LAKE departed Baltimore in ballast on the afternoon of M...
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OPINION This is a suit commenced by plaintiff on May 10, 1971, for a declaration of rights and other legal remedies of the parties under and pursuant to 28 U.S.C. § 2201. The plaintiff, Providence Washington Insurance Company (hereinafter referred to as Providence), is a corporation and citizen of the State of Rhode Island and has no principal place of business or office in the State...
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This is an action for declaratory relief brought by Provident Securities Company, a dissolved California corporation, to determine its nonliability to ForemostMcKesson, Inc. for short-swing profits under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b). Foremost has filed a counterclaim seeking a declaration of such liability. The matter is before the Court on cross mot...
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ORDER This cause is before the Court on the motion of the defendant, James J. DeOrr, to dismiss an indictment against him because of the government’s alleged delay in securing that indictment and bringing him to trial. Defendant complains that the alleged offenses charged in the indictment occurred from April through December of 1969, that a complaint charging mail fraud was filed in May 21, 1970,...
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MEMORANDUM OPINION AND ORDER Defendant, Jerome S. Garland, moves this Court to dismiss a May 1970 indictment for violations of 18 U.S.C. §§ 1341 and 1343 essentially on the grounds that the indictment is: (1) non-informative; (2) vague and insufficient in detail and definition; (3) misleading; and (4) deficient in vital factual allegations. In addition, defendant asserts two defenses: (1) Statu...
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MEMORANDUM (Immunity Hearing) The Government here seeks an order granting immunity to the witness, Eugene S. Reno, with respect to testimony the Government seeks to elicit from him before the Special Grand Jury for the Eastern District of Michigan, presently in session. The immunity sought is pursuant to 18 U.S.C. § 2514. Reno, a sergeant in the Detroit Police Department, through his counsel,...
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MEMORANDUM The Interstate. Commerce Commission, by virtue of Sections 1(18), 1(19), 1(20) and 1(22) of the Interstate Commerce Act, 49 U.S.C. §§ 1(18), 1(19), 1(20) and 1(22), has exclusive and plenary jurisdiction to regulate interstate com*1060merce, including the abandonment of railroad lines transporting intrastate traffic as part of a larger interstate railroad system. Colorado v. United Stat...
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MEMORANDUM OPINION AND ORDER Petitioner, charged with the unlawful sale of a narcotic drug on January 7, 1963, was convicted of that offense in the Circuit Court of the City of St. Louis, Missouri, and thereafter on June 14, 1963, sentenced under the Missouri Habitual Criminal Statute to a term of 15 years imprisonment. Under that statute, when applicable, punishment is assessed by the Court rathe...
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MEMORANDUM This matter is before the Court on a motion by defendant First National City Bank to dismiss the complaint as to the said defendant, and on a motion of defendant Action-Age, Inc. to dismiss the claim as against it, or, in the alternative, for an order striking the prayer for punitive damages from the complaint. Plaintiffs base their causes of action upon alleged violations of Sections ...
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OPINION AND ORDER On August 21, 1971, plaintiff, Transamerican Trailer Transport, Inc. (hereinafter “TTT”), instituted the instant action for injunctive relief together with a Motion for Temporary Restraining Order and Preliminary Injunction. This Court issued a Temporary Restraining Order against all the defendants 1 for a period of 10 days, setting down the hearing upon the preliminary inju...
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*827MEMORANDUM These consolidated actions were instituted by plaintiffs to recover the amounts of $5,190.22 and $5,590.61 respectively, paid as income taxes and interest for the calendar years 1965, 1966 and 1967. Plaintiff, Hippodrome Oldsmobile, Inc., filed its corporate income tax returns for the calendar years 1965, 1966 and 1967 with the District Director of Internal Revenue at Nashville, Te...
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MEMORANDUM AND ORDER This is an action for breach of an insurance contract brought by the insureds to recover damages in excess of $9 million. Although originally commenced in a state tribunal, it was removed to this Court on the basis of diversity of citizenship. See 28 U.S.C. §§ 1332, 1441. The question now to be decided is whether the following “service of suit” clause in the policy re...
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MEMORANDUM OPINION AND ORDER DETERMINING PRIORITIES This case presents consolidated in rem admiralty proceedings against the Motor Vessel Gypsy. Pursuant to Order of this Court entered August 2, 1971, the ship was sold to the highest bidder at a public auction. That sale having been confirmed, the Court must now determine the priorities of the claims of the libelants. As i...
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DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT In this case the plaintiff, The Employers’ Fire Insurance Company, seeks to recover from the defendant, John Thomas Lowman, an authorized agent of plaintiff, a loss of some $81,000 which plaintiff has incurred through an automobile insurance policy it had issued to the insured, one Homer E. Richard. The theory is breach of fiduciary duty alleged t...
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MEMORANDUM OPINION AND ORDER This is an action by the administrator of the estate of Jesse B. Redmond under the Federal Tort Claims Act. The United States has moved to dismiss, or alternatively, for summary judgment claiming the lack of jurisdiction and a failure to state a claim for relief. The factual situation underlying this controversy is undisputed and relatively simple. As charged in t...
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MEMORANDUM OPINION ON MOTION TO DISMISS In this diversity action, plaintiff, J. C. Breedlove, Sr., a Mississippi citizen, sues Beech Aircraft Corporation (Beech), a foreign corporation chartered under Delaware laws and having its principal place of business at Wichita, Kansas, for bodily injuries arising out of a products liability claim. The accident on which the claim is based occurred ...
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OPINION OF THE COURT On original hearing of this suit to enjoin the enforcement of a New Jersey statute, N.J.S. 2A:170-1, which has been authoritatively interpreted as making it criminal to go to or be in a place for an unlawful purpose, this court ruled that the statute violates the Fourteenth Amendment, and we enjoined its enforcement. 1970, 310 F.Supp. 627. However, the Supreme Court vacated...
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MEMORANDUM OPINION Petitioners bring this action under 26 U.S.C. § 7402(b) and § 7604(a) to obtain judicial enforcement of an Internal Revenue Service (IRS) summons issued to the Respondent pursuant to 26 U.S.C. § 7602. As the Respondent has refused to respond to the summons the Petitioners request the Court to enforce the same. Respondent asserts that the IRS was without legal authority to iss...
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MEMORANDUM OPINION The Plaintiff, James D. Hodgson, Secretary of Labor, in his official capacity, brings this action to permanently enjoin Defendants, University Club Tower, Incorporated, Mansion House, Incorporated, and Kin-Ark Company, Incorporated from violating certain provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. The specific violations dea...
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ORDER Defendants seek to compel Plaintiffs to further answer Interrogatories concerning the nature of certain reports of FDIC examiners and the names of persons having information concerning the cause of death of James W. Boone and any doctor or other expert with whom any Plaintiff has discussed such matters. Plaintiff Federal Deposit Insurance Corporation (FDIC), in response to Defendants’ Inter...
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MEMORANDUM The instant litigation involves a suit on an insurance contract by an insured (Jiffy Foods, Inc.) against its insurance carrier (Hartford Accident) with the carrier suing its agent (Wagner) for breach of the agent’s contract. Hartford’s contention is that if it is liable to Jiffy, Wagner is liable to Hartford for a like amount. The contention presently before us relates to the allowa...
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MEMORANDUM OPINION This is a removed action, 28 U.S.C. § 1441(b), involving a federal question, 29 U.S.C. § 185(a). The plaintiff union seeks the processing of its grievance against the defendant employer under the pertinent terms of a collective bargaining agreement of the parties of February 28, 1967, as supplemented and extended by the written consent of the parties of April 20, 1970. Both par...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis, pursuant to the provisions of 28 U.S.C. § 2241. The petitioner is currently serving a twenty-five year sentence for first degree murder. This sentence was imposed by the Hustings Court of the City of Roanoke, Virginia on September 23, 1969 following the petitioner’s plea of g...
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OPINION and JUDGMENT This action involves the plaintiff’s effort to set aside the Secretary’s denial of her claim for children’s insurance benefits under Section 202(d) of the Social Security Act, 42 U.S.C.A. § 402(d). Initially the plaintiff applied for children’s insurance benefits on April 8, 1966; however, this application was denied, and the plaintiff took no further action in regard to ...
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DECISION and ORDER The plaintiffs in this action seek damages allegedly incurred as a result of the defendants’ wrongful conduct in connection with the foreclosure of a mortgage held by the defendant bank on the plaintiffs’ laundry and dry cleaning business and the subsequent sale of the property to the defendants Roland and Shirley Holtz. A motion for a change of venue accompanied the plaintiffs...
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OPINION AND ORDER OF THREE-JUDGE COURT DISMISSING ACTIONS Before ELY, Circuit Judge, and CURTIS and HILL, District Judges. In each of the three instant cases Plaintiffs invoke the aid of the federal court under the Civil Rights Act, 42 *173U.S.C. § 1983, and the Federal Declaratory Judgments Act, 28 U.S.C. § 2201. All plaintiffs seek to restrain the further prosecution of criminal cases filed agai...
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MEMORANDUM OPINION AND ORDER On February 9, 1971, the defendant, Jose C. Pollard was charged in a two-count indictment with first degree burglary and grand larceny. A motion was filed seeking to dismiss the indictment or, in the alternative, to “re-open” a preliminary hearing. 1 Upon consideration of the facts of this case and the memoranda of points and authorities submitted by the Governmen...
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*49 MEMORANDUM AND ORDER The Chicago and North Western Railway Company brought this action (1-71-Civ-144) against the City of Rochester, seeking to enjoin it from taking possession of a portion of the railroad right-of-way located in the city of Rochester. 1 Civil Action 1-71-194 originated in April of 1971 as a condemnation proceeding before the Rochester Common Counc...
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OPINION After the filing of an amended complaint, the Murchison defendants and defendant Harrington move for summary judgment. The plaintiff moves for summary judgment only against these defendants. The original complaint in a single count was dismissed by Judge Bryan (Smith v. Murchison, 310 F.Supp. 1079 [1970]) as stating no claim for relief over which this Court has jurisdiction u...
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OPINION This is a motion by the defendants for judgment on the pleadings under Rule 12(c) F.R.Civ.P. and, alternatively, a motion for summary judgment under Rule 56 in that the complaint fails to state a cause of action and there is no triable issue of fact. In the complaint American Cyanamid Company (Cyanamid) charges with breach of contract and unjust enrichment the defendant Elizabeth ...
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DECISION AND ORDER The petitioner moves for leave to file his petition in bankruptcy and proceed without prepayment of any of the filing fees 1 as a condition precedent to a discharge in bankruptcy. The motion comes directly to the Court before being referred to a Referee by the Clerk of the Court. Under the Individual Assignment System presently operating in this District...
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Plaintiff Rosenberg, the owner of a patent, brings this suit against Standard Food Products Corporation (“Standard”), a wholesale liquor dealer, for infringement.1 The patent in question (United States Patent 3,304,371) was filed on September 25, 1963 and granted on February 14,1967. The claimed invention is an “Information Processing System” which, in essence, outlines a method for recording info...
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MEMORANDUM OPINION Plaintiff here moves pursuant to Rule 37(a) (2)-(4) of Fed.R.Civ.P. for an order compelling defendant to answer interrogatories one through twelve; to provide plaintiff with copies of documents requested in interrogatories three through twelve; and to pay plaintiff $100.00 for expenses incurred in' bringing this motion as a result of defendant’s prior refusal to answer adequatel...
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OPINION AND ORDER This matter is before the Court on a motion to transfer the above action to the Northern District of Texas, Amarillo Division. The litigation involves a claim for damages arising out of a death in Texas from an alleged malfunction of industrial machinery manufactured by defendant. While this action is properly brought in the Southern District of Ohio, defendant urges transfer ...
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ORDER Defendant moves to dismiss Plaintiff’s action for the reason the same was not filed within sixty days of the final decision of the Defendant, as required by 42 U.S.C.A. § 405(g) and (h). Plaintiff refers to Rule 6(e), F.R.Civ.P., 28 U.S. C.A. and asserts that as the notice of the Appeals Council denying his claim was served by mail, three days must be added to the pei’iod of sixty days and t...
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OPINION AND ORDER In this diversity contract case, tried to a jury, judgment was entered on the verdict in favor of the plaintiff, Vernon G. Frey, in the amount of $11,275, with interest from September 11, 1967. The defendant, Security Insurance Company of Hartford, moved for a judgment notwithstanding the verdict, and, in the alternative, for a new trial. It is our opinion that the defendant’s...
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MEMORANDUM and ORDER In this personal injury action, two of the defendants, Lowe and Nolan, have moved for summary judgment pursuant to Rule 56. Their motion to strike service set forth in their answer also requires action. 1 Discovery has been completed and the parties have filed their pretrial narratives. Plaintiff sustained injury when an auto operated by defendant Frieday struck the veh...
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OPINION Plaintiff, Sophie Sylk, instituted this suit seeking to enjoin the United States from exposing to sale her sole property levied upon pursuant to a tax assessment rendered against her and her husband, Albert Sylk, by the Commissioner of Internal Revenue, and seeking further to compel defendant to withdraw all levies on her property. The United States has moved to dismiss the compla...
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MEMORANDUM AND ORDER Plaintiff, York Lumber Company, Inc. (“York”), commenced this action against defendant, Fidelity and Deposit Company of Maryland (“Fidelity”), upon a fidelity bond executed in March, 1964, under which Fidelity insured York up to a maximum of $25,000.00 against losses caused by the fraud or dishonesty of York’s employees. Fidelity has moved for summary judgment averrin...
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MEMORANDUM OPINION AND ORDER This is a diversity action, 28 U.S.C. § 1332(a)(1),* for damages for personal injuries, arising from an automobile accident. It is undisputed that the defendant Mrs. Crownover admitted on deposition taken for purposes of discovery the existence of an insurance agreement under which the Continental Insurance Companies may be liable to satisfy part or all of a judgment ...
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OPINION AND ORDER Plaintiff, Annette Linnane, is a resident of Burlington in the State and District of Vermont. Plaintiff brings this action on behalf of herself, her four minor children and all persons similarly situated. On August 19, 1970, plaintiff applied for ANFC benefits (Aid to Needy Families with Dependent Children) for herself and her children because of the estrangement of her husban...
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OPINION and JUDGMENT Pursuant to 28 U.S.C. § 2241, Robert Early Patterson petitions this court for a writ of habeas corpus to terminate his confinement in the Virginia State Penitentiary. By order dated June 4, 1971 this court granted a transfer of the petition from the United States District Court for the Eastern District of Virginia to be filed herein. Leave to proceed in forma pauperis has been...
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OPINION This case was submitted for decision upon the agreed facts and exhibits set forth and described in the pretrial order on file herein. Both parties were subcontractors of Howard S. Wright Construction Company (Wright), general contractor for the construction of the Seattle-First National Bank Building. Defendant Westinghouse Electric Corporation (Westinghouse) agreed to indemnify Wright fr...
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FINAL JUDGMENT Whereas the plaintiff, the United States of America, has filed a complaint and an amended complaint in the above-captioned matter, and the defendant, the Florida Power and Light Company, has appeared and denied the allegations of the complaint, and has filed affirmative defenses and a counterclaim and the plaintiff and the defendant, by their respective attorneys, have each consente...
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ORDER By reason of its jurisdiction over bankruptcy proceedings in this district, this Court must now decide a question of state commercial law which has never *95 been decided by the Georgia courts. At issue is the construction of the filing provisions of the Georgia Uniform Commercial Code, Ga.Code Ann. § 109A-9-401. As the statutory provision involved is part of a uniform ...
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OPINION Petitioners, Franklin Carioscia, Fred Coduto, and Louis Guido, all in the custody of the United States Marshal pursuant to revocation of their mandatory releases by the United States Board of Parole, have applied for writs of habeas corpus pursuant to Title 28 of the United States Code, Sec. 2241 et seq. The central question presented by each of the petitions is whether the petiti...
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OPINION OF THE COURT Plaintiff commenced this action to obtain federal declaratory and injunctive relief from the collection of the last one-half of 1970 Kansas ad valorem taxes due June 20, 1971, and for the return of sums previously paid under tax protest for tax year 1969 and the first one-half of 1970. A three-judge court was impaneled pursuant to 28 U.S.C. § 2284 upon the order of Ch...
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BACKGROUND In 1966 a suit was filed in this Court involving “the right of Louisiana citizens not to be shortchanged in their vote for members of the state legislature.” See Bannister v. Davis, 263 F.Supp. 202 (1966). As a result of that suit, which was heard by a statutory three judge court, a special session of the Louisiana Legislature was convened and Acts 3 and 4 of the Extra Ordinary Sessi...
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MEMORANDUM Plaintiff filed this action, pro se, pursuant to 42 U.S.C. § 1983, 28 U.S.C. §§ 1343, 1915, 28 U.S.C. §§ 2201 and 2202 seeking declaratory judgment, injunctive relief and damages. Plaintiff has demanded a jury trial on all issues except the prayer for injunctive relief. ■Plaintiff charges that on December 3, 1970, the defendants, under color of state law, committed perjury in the civil ...
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MEMORANDUM AND ORDER This matter comes before the Court upon defendant’s motion to dismiss [Filing #6] or in lieu thereof to quash the return of service of summons on the grounds that the defendant is not subject to service of process 'within the District of Nebraska and that the defendant has not been properly served with process. According to the affidavit of Mark L. Laughlin [Fili...
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*417MEMORANDUM This is an action on a market agency bond written under the Packers and Stockyards Act, as amended, 7 U.S.C. § 181 et seq., against the surety, Universal Surety Company, for the face value of the bond, $85,000.00. The principal, Lawrence G. Koza, also a party to the lawsuit, was sued for sums due on checks he gave to the plaintiff in payment for hogs purchased, but the cheeks were ...
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Petitioner claimed in a post conviction proceeding in the Supreme Court of New York, Columbia County (Christiana, J.), that the plea of guilty which he entered on March 23, 1964, to murder in the second degree had been the result of coercion on the part of his court appointed counsel.1 Petitioner and his codefendant, Nathan Giles, had been charged with first degree murder in connection with the de...
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OPINION AND ORDER This is a three-count civil action brought by plaintiff Robert Fredericks (“Fredericks”) against Georgia-Pacific Corporation (“Georgia-Pacific”), his former employer. The first count seeks damages for Georgia-Pacific’s failure to permit Fredericks to exercise options under a written stock option contract. The second count seeks recovery of Fredericks’ forfeited distribut...
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OPINION AND ORDER Safeguard Mutual Insurance Company and C. M. Clark Insurance Agency, Inc., have filed separate suits against the above-named defendants, 1 all of whom *824 were at the relevant times discussed, infra, attorneys or employees of the Insurance Department of Pennsylvania. The above-captioned cases are but two of several suits between the plaintiffs and the Insurance Department...
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OPINION AND ORDER I. Preliminary Statement The regulations of the Pennsylvania Department of Public Welfare (“DPW”) require applicants for Aid to Families with Dependent Children (“AFDC”) who own certain types of real or personal property to agree, as a condition of receiving assistance, to reimburse the Commonwealth of Pennsylvania for assistance received, and to give the Co...
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OPINION AND ORDER I. Preliminary Statement On December 12, 1969, plaintiff, Catherine Leslie (“Leslie”), was hired by defendant The Philadelphia 1976 Bicentennial Corporation (“Bicentennial Corp.”) as its Coordinator of Community Development.1 Leslie’s complaint alleges that it was agreed that her employment was to be through the year 1976, during which it is contemplated that an international exp...
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OPINION AND ORDER The Court has been called upon by plaintiffs, self-styled dissident members of the defendant union, to enjoin a nominating meeting scheduled for September 8, 1971, 1 at which business agent candidates may be nominated; to enjoin the enforcement of certain articles and sections of Union bylaws; and other declaratory and injunctive relief. The thrust of plaintiffs’ complaint i...
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*454MEMORANDUM AND ORDER Plaintiff, Melvin Tucker, was injured in the course of his employment with defendant Reading Company, and brought suit under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. Reading sought to obtain indemnity under the contract from Royce Kershaw, manufacturer of the equipment involved, as well as contribution for concurrent negligence. The F.E.L.A. action wa...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION The Producers Supply & Tool Company instituted this lawsuit against the United States for a tax refund. In its answer the Government asserted a setoff to Producers’ claim. The setoff challenged the validity of an ABC oil and gas transaction entered into by Northwest Oil Company, a subdsidiary of Producers. The parties have since disposed of the issues ...
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Positing jurisdiction and venue upon the provisions of 49 U.S.C.A. §§ 305(g), 306(a) and 307(a), 5 U.S.C.A. §§ 701 et seq., and 28 U.S.C.A. §§ 1336, 1398, 2284, and 2321 to 2325, inclusive, plaintiff, Eagle Motor Lines, Inc., brought this action to enjoin, annul and set aside in part a report and orders of the Interstate Commerce Commission in Docket No. MC-73165 (Sub-No. 264), Eagle Motor Lines, ...
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Kreihs contracted with the United States on July 30, 1965, to recondition vessels in the New Orleans area. Article 41 of the contract imposed a ten per cent profit limitation. Pursuant to this contract, eight job orders were issued in 1966, and the work done in that year amounted to $1,871,826.50. Thereafter the United States through the Maritime Administration, audited Kreihs’ books and billed it...
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MEMORANDUM AND ORDER In this action brought under Section 2 of the Sherman Act the basic issue is whether the acts of Otter Tail Power Company, a Minnesota public utility, in refusing to sell electric power at wholesale, and refusing to wheel electric power to municipalities it formerly served at retail, constitute a monopolization of commerce in violation of the Act. The Sherman Act...
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ORDER DENYING PETITION FOR HABEAS CORPUS AND DISSOLVING RESTRAINING ORDER Kemp, presently on active duty with the United States Army, stationed at Fort Leonard Wood, Missouri, has filed a petition for habeas corpus, seeking to be discharged from the custody of the armed services. The parties have stipulated the facts and have agreed to the genuineness of the Army records concerning Kemp’s applicat...
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MEMORANDUM AND ORDER In this proceeding to review a final decision of the Secretary of Health, Education, and Welfare, both parties have moved for summary judgment. On January 6, 1969, plaintiff filed her application to establish a period of disability as provided in Section 416(i), 42 U.S.C. and to obtain disability insurance benefits as provided in Section 423. Plaintiff last met the earnings r...
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MEMORANDUM This matter came before this Court on remand from the three judge court convened to hear the case [Filing #70]. The following motions have been filed and are pending at this time: defendants’ motion to dismiss for failure to state a claim or that the Court lacks subject matter jurisdiction [Filing #46]; defendants’ motion to dismiss as to their individual' ’capacities”'[Filing #47]; ...
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OPINION This is an action to declare the title to Lot 5, Section 31, T. 33 N, R. 49 E., M. D. M. Nevada, consisting of approximately 12.57 acres of land. Plaintiff, United States, claims the tract is now and always has been public domain. Defendants Dorothe Macmillan, Administratrix, and Day Cattle Co. defend on the basis of mesne conveyances originating from a patent issued to the Central Pacific...
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MEMORANDUM AND ORDER The plaintiff, George Canty, filed an action against the defendant shipowner for injuries sustained while loading cargo on defendant’s vessel, especially denoting his claim as an admiralty or maritime claim under Rule 9(h) of the Federal Rules of Civil Procedure. The defendant shipowner impleaded the stevedoring company pursuant to Rule 14(c), likewise denoting his third-party...
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OPINION AND ORDER This is a products liability case arising out of personal injuries suffered by the plaintiff, James T. Dorsey, when his right hand and arm were almost severed by the blades of a metal slitter machine which was manufactured by The Yoder Company (hereinafter referred to as Yoder) and owned by his employer, General Copper and Brass Company (hereinafter referred to as Genera...
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OPINION This matter is before the Court on the Third-Party Defendants’ Motions to Dismiss the complaints1 joining them. The Third-Party Defendants, Borough of Mifflinburg (“Mifflinburg”) and the Mifflinburg Power and Light Company (“Power and Light Company”) challenge *240the propriety of their joinder under Fed. R.Civ.P. 14(a) which provides in part: “At any time after commencement of the action ...
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*1032 ORDER This matter comes before the Court pursuant to Defendants’ Motion to Dismiss Plaintiff’s Complaint based on the grounds that Plaintiff, E. B. Mitchell, an individual, has no standing to bring a civil action for enforcement of alleged violations of the Rivers and Harbors Act of 1899, that the complaint fails to state a cause of action upon which relief can be granted, and that the ...
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ORDER The facts in this case are practically identical to those in Bistrick v. University of South Carolina, 324 F.Supp. 942 (D.C.S.C.1971). Plaintiff was permanently suspended as a student from the University of South Carolina by action of its Board of Trustees on August 25, 1970, and has brought this action against the University of South Carolina, its trustees, individually and as members of...
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ORDER DENYING PRELIMINARY INJUNCTION On March 30, 1971, the Board of County Commissioners of Dade County, Florida, passed Section 24-44 of the Code of Metropolitan Dade County, as adopted by Ordinance No. 71-31, regulating the sale and use of phosphate detergents in the county. In rapid succession, the plaintiffs in this controversy, the Soap and Detergent Association, a 115-member industry group...
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ORDER Plaintiffs own the Buccaneer Inn whose liquor license was revoked by defendants. Plaintiffs contend that the revocation deprived them of their property without due process of law, in violation of the Constitution, and they bring suit pursuant to 42 U.S.C. § 1983 (1964) and seek an order declaring that the revocation is null and void and must be set aside. During the pendency of this suit ...
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MEMORANDUM OPINION This action was instituted by Sammy Glorioso, plaintiff, under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq., seeking damages upon the claim that through negligent certification by defendant’s examining physician or physicians he was found physically fit for induction into the Armed Forces despite a disqualifying pre-existing head injury. Plaintiff alleges ...
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OPINION AND ORDER This matter is before the Court on the motion of the defendant, Holland M. Gary, to dismiss the complaint as it relates to him for the reason that it fails to state a claim upon which relief can be granted. The motion is made pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure. Matters outside the pleading have been presented to the Court and will be consid...
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OPINION The defendant, Robert Leroy Hern, has been charged with the unlawful sale and distribution of narcotic drugs, 26 U.S.C. § 4704(a); 26 U.S.C. § 4705(a), and conspiracy, 18 U.S.C. § 371. Although the defendant has posted bail for the federal charges, he remains in the custody of state authorities on unrelated charges. No federal detainer has been filed. Presented before the court is defendan...
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OPINION AND ORDER Plaintiffs, residents and registered voters of the City of Chester, Pennsylvania, instituted the instant class action to enjoin and to obtain declaratory relief against partisan political activity by members of the Chester Police Department. 1 Plaintiffs allege that approximately twelve to fourteen members of the Police Department serve in the capacity of Republican Party co...
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DECISION and ORDER The defendant has filed several motions in connection with the indictment against him in the above-entitled action. The indictment charges that the defendant transported obscene materials from California to Wisconsin via a common carrier, in violation of 18 U.S.C. § 1462. After the parties submitted their briefs in connection with these motions, the United States S...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Plaintiffs in this case comprise a class of individuals who were fined on or after January 13, 1969, by Alabama Justices of the Peace for violations of Alabama’s highway laws. Pursuant to Rule 23, Federal Rules of Civil Procedure, plaintiffs have brought this class action against all Justices of the Peace of Alabama, all sheriffs of Alabam...
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MEMORANDUM OPINION These cases were consolidated for trial for the convenience of the plaintiffs and of some witnesses. Although there are certain differences in the facts of the two lawsuits, there are many similarities, and it is not inappropriate to deal with both of them in the same memorandum. The plaintiff doctors were resident physicians of the University of Arkansas Medical Center in ...
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OPINION Plaintiff, a national and resident of the Philippines, filed a complaint on May 13, 1968, seeking gratuitous National Service Life Insurance. The action came on for hearing on plaintiff’s motion for summary judgment or, alternatively, for judgment on the pleadings, and defendant’s cross-motion for judgment on the pleadings. The undisputed facts reveal that a typewritten letter, dated June ...
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This diversity suit was instituted to satisfy damages allegedly arising from an automobile accident that occurred in *668 Jefferson Parish, Louisiana, on the night of February 11, 1970. The subject of this ruling is a motion brought under rule 12(b) of the Federal Rules of Civil Procedure by State Farm Mutual Automobile Insurance Co., codefendant, to dismiss all claims against said...
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MEMORANDUM OPINION This case involves a review of the decision of the Secretary of Health, Education and Welfare that one Joseph D. Gillums, an infant, is not entitled to a child’s insurance benefit under the provisions of Title 42 U.S.C. Section 402(d). Jurisdiction is under 42 U.S.C. Section 405(g). The court’s original opinion in this case was an oral one delivered from the bench. At the reques...
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OPINION FACTS Plaintiffs Donald Folgueras, Violadelle Valdez, George Gutierrez and Alicia Gutierrez brought Civil Action No. 252 to recover damages for the denial of equal protection and the deprivation of their privileges and immunities of citizenship under color of law. 42 U.S.C. § 1983. The plaintiffs likewise allege a conspiracy to deprive them of equal protection of the laws und...
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MEMORANDUM This matter is pending on motion of the petitioner to set aside a plea of guilty heretofore entered in this Court on May 20, 1971, in case No. 70 Cr 168(1). Petitioner seeks to set aside this sentence under the provisions of 28 U.S.C. § 2255 on the grounds that (a) he had ineffective counsel; (b) petitioner was incompetent before and after being charged in the indictment and was unable ...
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This is a suit brought before a three-judge court to challenge the constitutionality of an inartfully drawn state criminal statute purporting to forbid “indecent exposure,” 1 and another state *84statute, quite vague in language, purporting to control conduct and entertainment on premises where alcoholic beverages are served.2 Aware of the vagueness of the second statute, the Mecklenburg County Al...
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ORDER REMANDING CASE In this case, removed from State Court, the Court has under consideration the Motion of the Defendant J. K. Archer (Archer) to dismiss and the Motion of the Defendant The Chicago, Rock Island and Pacific Railroad Company (Railroad Company) to dismiss. The Court finds that the Motion of Defendant Archer to dismiss should be overruled, the Court on its own Motion should remand ...
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OPINION This is an action instituted by the plaintiffs under the provisions of Section 301(a) of the National Labor Relations Act of 1947, as amended, 29 U.S.C. § 185(a), against Local 251 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter called “Local 251”) and against their employer, Johnson Motor Lines, Inc., a corporation organ...
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OPINION Plaintiffs in the above cause are licensed optometrists under the state law, Code of Alabama, Title 46, § 190 et seq. In October, 1965, each of the Plaintiffs was employed by Lee Optical Company or was working on the premises of said corporation in fitting glasses and doing related optometry work in association with the sale by Lee Optical Company, of glasses to the public. In October, ...
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FINDINGS AND CONCLUSIONS This cause is now submitted upon the merits of the petition for habeas corpus filed herein on August 27, 1970, by Rex Douglas Champ. Upon this submission, the Court makes the following findings and conclusions: That this Court has jurisdiction of this matter is not controverted. 28 U. S.C. § 2241. This Court further has jurisdiction of the parties. 28 U.S.C. § 81. The evid...
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OPINION Before KOELSCH, Circuit Judge, and COPPLE and EAST, District Judges. * STATEMENT OF CASE The Mountain States Telephone and Telegraph Company (Company) is a corporation organized and existing under the laws of the State of Colorado, authorized to do business, but not having a principal place of business, as an intrastate and interstate telephone company, within th...
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ORDER DENYING PETITION FOR HABEAS CORPUS In June of 1966, petitioner was committed for narcotics addiction under California Welfare and Institutions Code, Section 3100.6, after trial by jury and verdict of guilty in Los Angeles Superi- or Court. Thereafter he filed a Petition for Writ of Habeas Corpus in the Superior Court, which was denied April 17, 1970. Petitioner’s appeal of the denial of this...
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ORDER DENYING PETITION FOR HABEAS CORPUS Petitioner, a California State Prisoner is presently incarcerated in San Quentin State Prison, Tamal, California. Here he now seeks to attack a sentence of six months to life imposed on him June 22, 1967, in Los Angeles Superior Court following his plea of guilty to violating Penal Code § 211 (Robbery, 2nd Degree). Petitioner did not appeal this conviction ...
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ORDER This cause came before the Court upon motions for summary judgment filed by the defendant/third party plaintiff, Western Ventures, Inc., and by the third party defendant, Dade Drydock Corporation. The issue is whether the defendant/third party plaintiff is entitled to indemnification from the third party defendant for the expenses of defending this action. This was an action in admiralt...
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ORDER This cause came before the Court upon motions to dismiss and for more definite statement filed by defendants Lehigh Acres Development, Inc., Land Resources Corporation, Scientific Resources Corporation, Gerald Gould, Don Mayerson, Jerome Cohen, and J. L. Wol-gin. This is an action under the Securities Act of 1933 and the Securities & Exchange Act of 1934, specifically, 15 U.S.C. §§ 77q and ...
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This is a petition to review an order of the Referee in Bankruptcy, denying objections to a discharge in bankruptcy in which William M. Dye filed his petition on February 8, 1971, and was discharged on April 5, 1971 pursuant to order of the Referee in Bankruptcy. There is much ado in the record concerning the questions of: (1) whether the finance company relied on the statement of the bank...
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MEMORANDUM OPINION Plaintiff, Kimberly Knitwear, Inc., brings this action against the defendants, Kimberley Stores Incorporated of Michigan; Homer Hayden’s Inc.; and Herman Grossman, alleging trademark infringement and unfair competition. Plaintiff, organized in 1946 in New York, is a manufacturer and wholesaler of women’s high-quality knitwear and operates nationally. It has expende...
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Defendant registered under the Selective Service Act at Local Board No. 13-128, Des Moines, Iowa on March 29, 1965. He received variously I-A and II-S (Student) classifications until August 14, 1969 when he was last classified I-A. October 10, 1969 he was mailed an order to report for induction on November 12, 1969. The induction date was subsequently postponed and on June 5, 1970 he received an o...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS This matter is presently before the Court upon the motion of defendants, filed pursuant to Rule 12, F.R.Civ.P., to dismiss plaintiff’s complaint for lack of federal jurisdiction. Plaintiff has filed suggestions in opposition to this motion. This is a civil action for declaratory judgment in which plaintiff seeks a judicial d...
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MEMORANDUM AND ORDER SUSTAINING TRUSTEE’S PETITION FOR REVIEW The parties, pursuant to Local Rule 29, have stipulated that the Trustee’s pending petition for review shall be considered upon the evidence and record adduced before the Referee and that no party wished to adduce any further evidence in this Court. We have considered the briefs of the parties submitted pursuant to the schedule agree...
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MEMORANDUM and ORDER Having exhausted his state remedies, petitioner applies for a writ of habeas corpus to set aside his conviction after jury trial in Suffolk County Court of the crimes of robbery in the third degree, grand larceny in the first degree and grand larceny in the second degree. Upon conviction for robbery in the third degree and grand larceny in the first degree, the petitioner was ...
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OPINION Leicester F. Caruso, a private in the Army National Guard, brings this suit seeking injunctive relief from an order of the Department of the Army directing him to report for active duty in the United States Army for 18 months and 17 days. Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1361. After a hearing and argument, we deny the application for a preliminary injunction. 10 U...
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*824 MEMORANDUM OPINION AND ORDER Plaintiff filed action in Pennsylvania State Courts. One of the defendants, a non-resident of Pennsylvania, filed a petition to remove to Federal Court pursuant to 28 U.S.C.A. 1441(c) (1950). Plaintiff has moved to remand to State Court pursuant to 28 U.S.C.A. 1447(c) (1950) for lack of jurisdiction. The Motion to Remand will be granted. LAT...
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OPINION Presently before me for consideration is the motion of the third-party defendants, Roy Tressler, Joseph Rellick and the United States of America, to dismiss or in the alternative for judgment on the pleadings. This suit was originally commenced in the Court of Common Pleas of Westmoreland County, Pennsylvania, at No. 612 October Term, *1347 1967. The defendant Derry T...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS This is a habeas corpus action by William G. Jackson who alleges that he is being unconstitutionally detained and restricted within this District by the respondent, Department of Justice, Office of United States Marshall, Western District of Tennessee. An indictment was returned by the Grand Jury, Northern District of Illinois styled “Unite...
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MEMORANDUM OF DECISION On the 27th day of August, 1971, came on for final hearing the above styled and numbered cause, and the Court, having considered the pleadings, memoranda of authorities, comments of counsel, and evidence adduced at both this and the hearing on jurisdiction June 30, 1971, finds and rules as follows : I Since graduation from the United States Military Academy, West Point, N. ...
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MEMORANDUM OPINION Before the court is the application of petitioner, National Labor Relations Board, for a temporary injunction to require respondent-employer, R. G. LeTourneau, Inc., to reinstate certain discharged employees and to restrain respondent from engaging in certain activities alleged to be unfair labor practices. This court has jurisdiction under Section 10(j) of the National Labor R...
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MEMORANDUM OPINION Ryland S. Felts instituted this action against Seaboard Coast Line Railroad Company (Seaboard) to recover damages for injuries alleged to have been sustained. He asserts that, while an employee of The Pullman Company (Pull-man Company) he was performing services for Seaboard and was also an employee of Seaboard. He grounds his recovery under the Federal Employers’ Liability Act...
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MEMORANDUM OF DECISION AND ORDER The Barge or Vessel Sonya was arrested by the U. S. Marshal on February 7, 1968, following institution of proceedings by New England Fish Company and Seattle Seafoods, Inc., to foreclose a preferred ship mortgage. The United States intervened as assignee of the first preferred mortgage, Kodiak Island Borough intervened alleging a lien for unpaid property taxes, ...
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MEMORANDUM OF DECISION AND ORDER Plaintiff, Sandra J. Douglas, instituted this class action on December 10,1970, alleging that defendants Beneficial Fi *1169 nance Company of Anchorage, Beneficial Finance Company of Fairbanks, Beneficial Finance Company of Juneau, Beneficial Finance Company of Kenai, Beneficial Finance Company of Ketchikan, Beneficial Finance Company of Kodia...
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MEMORANDUM OPINION The defendant, Rudolph D. Preston, was indicted in one count for first degree burglary1 in connection with a burglary which allegedly took place on June 27, 1970, in the first floor apartment of Everett and Jewl Dodd. Defendant is alleged to have entered the window of the bedroom of the apartment of Mr. and Mrs. Jewl Dodd. At the close of the government’s case, the defendant mov...
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OPINION This case came before the Court in a criminal proceeding pursuant to an indictment returned by the Grand Jury charging the defendant corporation, Georgetown University, with discharging large quantities of No. 6 fuel oil into the Potomac River in violation of the Rivers and Harbors Appropriation Act § 13, 33 U.S.C. § 407 (1964) and 22 D.C.Code § 1703 (1967). The case was tried before th...
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OPINION The defendants in four criminal actions have moved to suppress certain evidence, i. e., telephone calls and other materials, obtained pursuant to Title 18 U.S.C. §§ 2510-2520 1 upon the ground that said statute, pursuant to which the evidence was seized, is unconstitutional. Defendants’ motion is based upon two wiretaps and pen registers (mechanical devices which record numbers dial...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come before this Honorable Court on the motion of the Petition, United States Attorney, for the United States of America, and after considering of pleadings in this matter, evidence presented at a hearing before this Court on July 30, 1971 where testimony was taken and a preliminary injunction entered against the defendants, Joseph...
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ORDER The grand jury indictment charges that defendant received, concealed, and facilitated the transportation and concealment of marijuana “on or about the 22nd day of December, 1970 in the Northern District of Georgia,” in violation of 21 U.S.C. § 176a (1964). Section 176a was repealed October 27, 1970, but the repealing act specifically states the prosecutions for any violation of § 176a occurr...
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Defendant registered with his local draft board No. 49 on August 22, 1966. He was subsequently classified I-A and ordered to report for induction on August 6, 1970. The court finds that he willfully and knowingly failed and *850refused to submit to induction. He appeared at the induction center, was dulycounselled, informed of the punishment that could be meted out and made out and signed a statem...
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*465 Memorandum of Decision and Order This is an action based on 42 U.S.C. § 1983. The complaint states four claims, only the first of which is a federal claim. 1 Jurisdiction over the federal claim is alleged under 28 U.S.C. § 1331. The court, in a Memorandum of Decision and Order dated June 8, 1970, found subject matter jurisdiction since the claim could not “ ...
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Plaintiffs are welfare recipients residing in the City of Yonkers, New York. They move (1) for determination of this action as a class action and (2) for a preliminary injunction against the Municipal Housing Authority (“MHA”) of Yonkers to restrain it from refusing to rent to them (and the class they propose to represent) apartments in MHA projects solely because their leases are not co-signed by...
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MEMORANDUM AND ORDER Plaintiff, a state prisoner, has filed a complaint under the Civil Rights Act, 42 U.S.C.A. § 1983, and has paid the requisite filing fee. Defendants have moved to dismiss for failure to state a claim upon which relief can be granted. For reasons set forth within the opinion, we grant these motions. The gravamen of plaintiff’s complaint is that the defendant detectives brought ...
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OPINION AND ORDER On April 21, 1971, an indictment was returned against the defendant charging him with failing to submit to induction into the Armed Forces, a duty required of him by the Military Selective Service Act of 1967. 50 App.U.S.C. § 462(a) (1967). The violation is alleged to have occurred on June 12, 1967. Defendant has moved to dismiss the indictment on the ground that the governm...
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OPINION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW A seaman-plaintiff seeks damages for personal injuries sustained while employed by the defendant shipowner. Recovery is sought under maritime law for unseaworthiness and the Jones Act for negligence. The issue of liability was tried by the Court without a jury by agreement of counsel. Although many of the facts are not in disp...
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MEMORANDUM OPINION AND ORDER This is a removed diversity action, 28 U.S.C. §§ 1441(a), 1332(a)(1), (c), in which a municipal corporation and two private corporations claim damages for pecuniary loss arising from breaches of contract, expressed and implied warranties, and material misrepresentations relating to a defective product utilized in the construction of a school building. The defendants ha...
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OPINION AND JUDGMENT This case comes before this court upon a petition for a writ of habeas corpus filed in forma pauperis by Harry Alex Tolliver, a state prisoner, pursuant to 28 U.S.C. § 2241. The petition was filed with this court on June 4,1971. Petitioner is currently serving a twenty year sentence in the Virginia State Penitentiary, pursuant to a judgment of the Hustings Court of the ...
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OPINION This is an action brought by plaintiffs, Ecedro Thomas and Margarita Thomas, to recover damages for the wrongful death of their 7 year old daughter, Arlene Thomas. In their complaint, plaintiffs allege that the public school authorities negligently released their daughter from school on a day of heavy rains and flooding without taking the necessary and proper precautions for her sa...
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342 F. Supp. 286 (1971) Aaron KATZ, on behalf of himself and all other persons similarly situated, Plaintiff, v. Nolan C. ASPINWALL et al., Defendants. Civ. A. No. 64-612. United States District Court, N. D. Alabama, S. D. September 1, 1971. Robert S. Vance of Jenkins, Cole, Callaway & Vance, Birmingham, Ala., and Kramer, Bandler & Labaton, New York City, for plaintiff. Winston B. McCall,...
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OPINION STATEMENT OF FACTS Wayne Fratieelli (Plaintiff), then a thirteen year old enrolled student, in good academic standing, was excluded from the Rancho Milpitas Junior High School on October 26, 1970 by the authorities of that school acting under the provisions of California Education Code (Code) Section 10552, viz: The governing body of any school district may exclude children of filthy or *3...
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MEMORANDUM OPINION This case is now before the court on plaintiff’s motion for further relief filed on July 16 of this year. On July 19, this court entered an order calling upon the defendants to file their plan of operation for the coming year, including what changes, in the opinion of the defendants, should be made as to any details or provisions of the plan now in effect in light of any rece...
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ORDER This ease comes on to be heard on the plaintiff’s Complaint filed June 18, 1971 for an injunction and for a declaratory judgment. He alleges that he was about to be improperly inducted into the armed forces on June 25, 1971, two days after his 26th birthday. In order to understand how this came about, it is necessary to review some of the uncontested facts. Initially, in 1969, plaintiff...
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This matter comes before the Court on defendant’s motion to dismiss complaint or, in the alternative, motion for judgment on the pleadings. 1 Plaintiff, Brinkley & West, Inc. (hereinafter referred to as “Brinkley & West”), a Louisiana corporation domiciled in New Orleans, has brought this action for injunctive relief and damages against the defendant, Foremost Insurance Company (here...
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MEMORANDUM AND ORDER Richard Chandler, petitioner, has filed a motion herein under 28 U.S.C. § 2255, seeking to vacate the judgment entered and sentence imposed in this Court following his trial and conviction in 1968 of a violation of the Selective Service law. Petitioner was indicted on February 20, 1968 and was charged with failing and neglecting to comply with an order of his local draft bo...
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MEMORANDUM OF DECISION Plaintiff, the mother of an infant son, seeks to regain his custody from the defendant officials of the state Department of Public Welfare and its Division of Child Guardianship (“DCG”) and challenges the constitutionality of the statute, Mass.G.L. c. 119, § 23, subd. E, 1 under which the defendants have been *1196 acting. Her complaint seeks preliminary and permanent...
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MEMORANDUM OF DECISION THAT PRELIMINARY INJUNCTION ISSUE This matter comes before the court on plaintiff’s motion for preliminary injunction. Plaintiff’s complaint presents two tort claims and alleges violations by defendant of Section 7 of the Clayton Act, 15 U.S.C. § 18, and Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. Jurisdiction is founded upon diversity of citizenship under 28 U.S...
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MEMORANDUM AND ORDER This case pends on defendants’ motion to dismiss this Court’s recent order to show cause why they should not be held in contempt of this Court’s earlier order dated August 25, 1970, 317 F.Supp. 1108. The latter order, for reasons fully stated, directed defendants to comply with Internal Revenue summons served on each of them on April 25, 1969. Defendants’ motion will ...
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After a history of some length and complexity, this action comes down to an attack on the constitutionality of the $2000 limitation in Section 4407 of the New York Education Law, McKinney’s ConsoLLaws, c. 16. That section, enacted in 1957, is benevolent and progressive legislation. It authorizes the State Department of Education, under certain circumstances, to contract with private schools for...
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MEMORANDUM AS TO REMEDY WITH RESPECT TO DEFENDANT HAROLD B. KLINE On February 20, 1964, the Stock Option Committee of the Board of Directors of Texas Gulf Sulphur Company (TGS) authorized the giving of a stock option to defendant Harold B. Kline to purchase 4300 shares of TGS common stock at a price of $23.8125 a share, which stock option was later issued to Mr. Kline. Mr. Kline was prese...
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OPINION This is a motion by plaintiffs for an order pursuant to Rule 23(c) (1) of the Federal Rules of Civil Procedure (1) determining that the first, second, fourth and fifth claims in the amended complaint can be maintained as a class action and (2) providing for the requisite notice at the expense of defendant Talley Industries, Inc. (Industries). The background of this action and the essence o...
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OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Plaintiffs have moved for a preliminary injunction. Hearing has been held, briefs filed, and oral argument heard on the motion. Plaintiffs seek a preliminary and thereafter a permanent injunction until a final decision is rendered by the Federal Maritime Commission on a complaint filed before it by plaintiffs against defendants alleg...
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MEMORANDUM AND ORDER This suit was originally filed as a civil action, No. 7127 in the District Court for Calhoun County, 135th Judicial District of Texas, on June 22, 1971, by Melvin F. Garrett against Sun Oil Company, Suntide Pipeline Company, Bankers Life & Casualty Company, and Atlas Life Insurance Company. Sun Oil Company and Suntide Pipeline Company were served with citation on June...
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MEMORANDUM OPINION AND ORDER Plaintiff, Mrs. Elizabeth Anna Duke, seeks a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P., reinstating her as a teaching assistant at North Texas State University. During the academic years of 1967-68 and 1969-70, plaintiff was employed as a teaching assistant in the English department of North Texas State University. Prior to July 30, 1970, plaintiff ...
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OPINION and JUDGMENT This case comes before the. court upon a petition for a writ of habeas corpus filed in forma pauperis by Emilio Reyes, a state prisoner, pursuant to 28 U.S.C. § 2241. The petition was filed in the United States District Court for the Eastern District of Virginia, and by order dated June 29, 1971 was transferred to this court. Petitioner is currently serving a sentence o...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on regularly for decision on the Plaintiff’s Motion for Summary Judgment on July 7, 1971, both parties having filed affidavits and legal briefs. *257 HISTORY Plaintiffs have previously filed a Notice of Request for the Convening Of A Three-Judge Court, OR In The Alternative, A Declaration That The Federal Question Is Insubstantial T...
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ORDER James C. Garner and J. D. Anderson petitioned this court to review a May 5, 1971 order entered by the Honorable Claud D. Hughes, Referee in Bankruptcy, denying the claim of the petitioners. The facts surrounding the transaction giving rise to the claim are not in dispute. A summary of the facts is as follows : On January 12, 1967, the petitioners sold a parcel of land in C...
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This is an action in which various persons, all of whom profess to enjoy a degree of relationship to the deceased, a serviceman killed in action on March 5, 1968, claim the proceeds (since paid into court) of a $10,000 term policy written by The Prudential as contract insurer under the Serviceman’s Group Life Insurance Act, 38 U.S.C. § 765 et seq. After tracing the kinship of the claimants through...
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MEMORANDUM and ORDER This action arises out of the Economic Opportunity Act of 1964, as amended (the Act) (42 U.S.C. § 2701, et seq.). Monmouth Community Action Program (MCAP) is a community action agency organized and designated as such pursuant to Title II of the Act, and as such operates a legal services program administered by Monmouth Legal Service Organization (MLSO) in accordance w...
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OPINION Defendant moves to dismiss this action for attorneys fees for services rendered in connection with a violation of section 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78p(b), on the ground of lack of venue or, in the alternative, to transfer this action to the *1375Southerh District of California pursuant to 28 U.S.C. § 1404(a). Both motions are denied. Plaintiffs assert ...
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OPINION Petitioner, Simcha Felsenberg and SIF Gems, Inc., pursuant to Section 39, sub. c of the Bankruptcy Act, seek review of the April 26, 1971 order of Referee Herzog reducing their claims as against the debtor, Max Greenblatt Inc., respectively to $100. Greenblatt, on April 16, 1970, filed a petition for arrangement pursuant to Chapter XI of the Bankruptcy Act. Both petitioners were duly noti...
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PALMIERI, District Judge. This is an action by a corporation for damages allegedly sustained as a result of material misrepresentations in a prospectus and omissions to state material facts required to be stated therein or necessary to make statements therein not misleading in violation of various sections of the federal securities laws. Defendants include Brunswick Corporation, several o...
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ORDER REMANDING CASE The Plaintiff Mid-State Homes, Inc. (Mid-State) sued Defendants Swain in State Court seeking foreclosure of a mortgage which Plaintiff held on the Swains’ home. Defendants Swain in the State case Cross-Petitioned against Plaintiff and Jim Walter Corporation, requesting that Jim Walter Corporation be made a party defendant in the case. The State Court so ordered. ...
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MEMORANDUM AND ORDER Before this Court is the request of Algylee Bobbe Wilson for a writ of habeas corpus which we treat as a motion to vacate sentence under 28 U.S.C. § 2255. Petitioner was convicted of a violation of the Dyer Act, 18 U.S.C. § 2312, in this Court on January 30, 1970 and was sentenced on the same day to a term of imprisonment of three years and a fine of $500.00. He is presently ...
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*1055 OPINION Dennis M. Nazarok was found guilty-after trial by jury on a four count indictment charging him with bank robbery in violation of 18 U.S.C. § 2113(a), (b), and (d). Before me is Nazarok’s motion for judgment of acquittal on the ground that the evidence is insufficient as a matter of law to sustain conviction. In the alternative, the motion seeks a new trial on the ground that the...
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IN PROCEEDINGS FOR REORGANIZATION OF A CORPORATION UNDER CHAPTER X THE BANKRUPTCY ACT OPINION I. On May 1, 1968, the Spectrum Arena, Inc. (hereinafter referred to as the “Debtor” or the “Spectrum”) was involuntarily placed in reorganization under the Bankruptcy Act of July 1, 1898, Chapter X (11 U.S.C. 501, et seq.). Now three years later, after having handled more than $13,000,000.00 in gross re...
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OPINION and ORDER The Court is asked in this diversity suit to construe a local statutory provision tolling the statute of limitations during the absence of a defendant from the Commonwealth of Puerto Rico, 32 L.P.R.A. § 253, 1 and to consider the man *861 ner, if any, in which such suspensory provision is affected by the fact that service of process upon a non-resident is available pursuan...
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MEMORANDUM ORDER Interesting questions involving the statute of limitations are presented by the defendant’s motion for summary judgment. The facts are not in dispute. On October 8, 1954, the plaintiff’s employer, Dixie Jute Manufacturing Company, formerly Dixie Jute Bagging Corporation, ordered a No. 616 Super Jute Picker, weighing 4,500 pounds, 48 inches in width with a 24-bar cylinder and five...
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*1090MEMORANDUM This is a tort action brought by the plaintiff, Paul E. Kline, against Margaret 0. McCorkle and Wheels By Kinney, Inc. and Kinney National Services, Inc., defendants. Wheels By Kinney, Inc. and Kinney National Services, Inc., are hereafter referred to as Kinney. Federal jurisdiction in this case is based upon diversity of citizenship and the amount in controversy. The complaint was...
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DECISION and ORDER On June 14, 1971, this court ordered that the answer and counterclaim of the defendant, John Mohr & Sons, Inc., be stricken and default judgment be awarded to the plaintiff, 52 F.R.D. 508. Subsequently, this court awarded damages to the plaintiff following an ex parte hearing. The sanctions authorized by Rule 37(d), Federal Rules of Civil Procedure, were deemed appropriate due ...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS This is an action by Chinese residents of the United States, seeking to overturn regulations of the United States Civil Service Commission (“Commission”) which exclude these non-citizens from the competitive civil service. 5 C. F.R. § 338.101 (1971). The Commission is authorized to establish standards with respect to citizenship ...
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MEMORANDUM AND ORDER AFFIRMING PRIOR ORDERS GRANTING DEFENDANT COUNTY OF ALAMEDA’S MOTION TO DISMISS This case is one of several related civil rights actions stemming from what has become known - as the “People’s Park” controversy. Plaintiff claims that his federal civil rights were violated by a conspiracy among the defendants — the Sheriff and various deputies of Alameda County — to uti...
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OPINION AND ORDER CHARLES R. SCOTT, District Judge. Plaintiff, HMH Publishing Co., Inc. (hereinafter “HMH”) is a corporation organized and existing under the laws of the State of Delaware, with its principal offices and place of business in Chicago, Illinois. The individual defendants are resident citizens of the State of Florida and the corporate defendants were organized and exist under its laws...
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MEMORANDUM Plaintiff is a tenant in premises owned and managed by the Housing and Redevelopment Authority of Duluth,. Minnesota. July 1, 1971 by certified letter plaintiff was notified of a hearing to be held on Tuesday, July 20, 1971 in the offices of the Housing and Redevelopment Authority. The notice read in part as follows: “The purpose of the hearing is to give you an opportunit...
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This case presents the basic question of whether Mississippi’s four-month registration requirement for voting in state and local elections as provided by its state constitution,1 and statute,2 violates the Equal Protection Clause of the Fourteenth Amendment. A second issue raised is whether this registration requirement abridges the right to vote of 18 to 20 year old Mississippi citizens in contra...
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MEMORANDUM This matter is pending on motion of the petitioner to vacate judgment and sentence under the provisions of 28 U.S. C. § 2255 in criminal ease No. 69 Cr 192. Petitioner was indicted on September 18, 1969, under the provisions of 26 U. S.C. § 5861. He was represented by retained counsel. Thereafter, he was released on $1,000 bond, and was tried and convicted on January 5, 1970, and on Jan...
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OPINION This patent infringement suit involves a variation of the familiar “backyard”, above-ground swimming pool. Plaintiffs charge that similar pools manufactured and sold by defendant are an infringement of Claims 11, 12 and 15 of plaintiffs’ United States Letters Patent No. 3,317,926 (hereinafter “’926”). The application was filed on October 26, 1964, and the patent issued on May 9, 1967 to R...
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Esther Gesicki, Marion Johnson and Dominica Morelli have all been committed to terms in custody 1 under the Wayward Minor statute, New York Code of Criminal Procedure, §§ 913-a through 913-dd. 2 They sue under the Civil Rights Act and the Habeas Corpus Act to set aside their convictions, for a declaration that the statute is unconstitutional, and for injunctive relief, and...
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MEMORANDUM OPINION This is an action in the nature of a mandamus, 28 U.S.C. § 1361 seeking to enjoin an election for council members in a Model Cities Neighborhood Council #3 scheduled for September 2, 1971. In response, the Department of Housing and Urban Development (HUD) and the Administrator of Model Cities Program for the City of Philadelphia have moved to dismiss on the ground that ...
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ORDER HEMPHILL, District Judge. Petitioner, presently detained under supervision of the South Carolina Department of Corrections, seeks bail in this forum, pending a determination of his plea for a writ of habeas corpus. On August 5, 1971, he filed his petition for the Great Writ, and simultaneously therein asked “That he be dismissed outright or on bail and that bail be granted forthwith, pe...
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MEMORANDUM OPINION Quality Chekd Dairy Products Association, a Wisconsin cooperative, is the owner of the Quality Chekd trademark. The trademark is duly registered with the United States Patent Office under the Lanham Act. The trademark is used on various dairy products. Brown Swiss Milk Company, Inc., is a South Dakota corporation which distributes dairy products primarily throughou...
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MEMORANDUM AND ORDER In this action plaintiffs seek the recovery of damages which allegedly resulted from the withdrawal of a commitment for mortgage insurance by the Federal Housing Administration (FHA). Plaintiffs, as sellers, entered into a contract to sell three lots and the structures located thereon in Daytona Beach, Florida. The contract was conditioned upon the purchaser receiving...
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MEMORANDUM AND ORDER Petitioner’s application for a writ of habeas corpus was denied on May 24, 1971. Now, Petitioner’s motion for issuance of a certificate of probable cause, pursuant to 28 U.S.C. § 2253, and his motion for leave to proceed in forma pauperis are before this Court. In order to clarify the reasons for the Court’s previous action and that taken today, an expanded discussion of th...
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OPINION and JUDGMENT Clinton B. Britton, the claimant, brings this action under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review in part a final decision of the Secretary of Health, Education and Welfare. The decision holds that the claimant was entitled to a closed period of disability beginning on October 2, 1968, and ending January 5, 1970, and to disability insurance ...
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ORDER This cause came before the Court upon plaintiff Dorothy Lee Anderson’s motion for temporary restraining order and preliminary injunction. Plaintiff Dorothy Lee Anderson is alleged to be a fully qualified candidate for the Belle Glade City Commission in all respects except that she is not a Belle Glade freeholder. She seeks to enjoin the enforcement of Sections 6-8 and 6-9 of the Charter...
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MEMORANDUM AND ORDER This is an action in interpleader which was originally filed in the Superior Court of the State of California, in and for the County of Marin. The case is presently before the court on individual motions for partial summary judgment by defendants United States of America, Oliver De Silva, Inc., General Tire and Rubber Co., and Braddock, Logan & Valley Co. The undisputed facts...
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DECISION AND ORDER ON MOTION TO STAY PROCEEDINGS The complaint herein is for damages for alleged violation by defendant of a collective bargaining agreement in an industry affecting commerce, as specifically authorized by Section 301 of the Labor-Management Relations Act (Title 29 U. S.C. § 185). Defendant, without filing an answer, has moved for a stay of proceedings in this suit to perm...
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MEMORANDUM This is a declaratory judgment action between two insurance companies, brought for the purpose of determining their respective duties in connection with the defense of a personal injury action now pending in this court.1 The material facts have been stipulated, and the case is now before the court on cross-motions for summary judgment. On October 28, 1970, Walter Colsmann was involved i...
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MEMORANDUM AND ORDER DISMISSING CAUSE WITHOUT PREJUDICE This matter is presently before the Court upon the motion of the defendant, Dow Chemical of Canada, Limited (Dow), pursuant to Rule 12, F.R.Civ.P., to quash service of process and to dismiss this cause for lack of personal jurisdiction. Alternatively, defendant Dow seeks a dismissal based upon the doctrine of forum non convenie...
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This is the decision, after a hearing, of a motion by Miranda to vacate and set aside a sentence imposed on him on September 26, 1968. 28 U.S.C. § 2255. The sentence was imposed after a plea of guilty to a one count indictment charging movant and Antonio Rivera with the receipt, concealment, etc. of some 64 grams of heroin. The sentence was imprisonment for 6 years. The ground for this motion is t...
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MEMORANDUM OPINION AND ORDER The issue presented by this motion to suppress is whether .the government has the right to seize one’s personal papers, pursuant to a search warrant, when the effect of such seizure would be to compel one to testify against himself. The defendant acknowledges that the search pursuant to which the papers were taken was in no way violative of the strictures of the Fourth...
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OPINION This suit, which names 1250 persons, among others, as plaintiffs, was brought as a class action and attempts to set up a dozen or more classes or subclasses pursuant to Rule 23, Fed.R.Civ.Proc., 28 U.S.C., and presents difficult and puzzling questions of procedural and substantive law. Oh June 22, 1971, in a memorandum opinion, 321 F.Supp. 1109, 1110, we decided that we would not then appl...
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MEMORANDUM OPINION On October 27, 1970, defendant Richard Day was operating a motor vehicle in Philadelphia which lacked the required Pennsylvania inspection sticker. Two passengers were in the car. A Philadelphia police officer noticed that the ear lacked an inspection sticker. The officer directed his spotlight on defendant’s ear, and defendant stopped his car. As the officer approached the c...
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MEMORANDUM OPINION Plaintiff, who is currently pursuing administrative remedies within the Veterans Administration (hereinafter V. A.), brings this suit under the general mandamus provisions of the Judicial Code, 28 U.S.C. § 1361. His suit is for the following items: “1. Intire (sic) army medical records, beginning of October 13, 1944 to May 25, 1945. 2. Intire (sic) rating sheets of 1945, & of 1...
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The facts are that the petitioners, Charles W. Hale, Steven Long and Jack B. Tisdale, are citizens of the United States and are presently restrained of their liberty by reason of a Judgment and Sentence of the Circuit Court in and for the County of Lawrence, South Dakota, rendered on October 14,1968. The petitioners were tried in said Circuit Court on a charge of burglary in the third degree and p...
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MEMORANDUM AND ORDER The government has brought an action in rem against the T/B NMS #40 for alleged violations of 33 U.S.C. § 407 and § 412, and penalties as provided for in § 411 not exceeding $2,500 nor less than $500. Seeking to intervene is R. L. Mil*782ler, area manager for National Marine Services, Inc., claimant herein and owner of the NMS #40. The motion to intervene is based upon the pro...
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MEMORANDUM AND ORDER The United States of America entered into a contract with Hydro-Tech, Inc., plaintiff’s principal, for the construction of an oxygen distribution control panel and ESC system piping. Pursuant to the Miller Act, 40 U.S.C. § 270a et seq., United States Fidelity & Guaranty Company [hereinafter referred to as U.S.F. & G.] issued its payment bond as well as its performance...
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OPINION and JUDGMENT This action involves the plaintiffs’ claim for a refund of taxes which they assert were erroneously and illegally assessed and collected by the defendant. Jurisdiction is conferred upon this court by 28 U.S.C. § 1346(a) (1). The facts pertinent to this case are as follows. The plaintiffs, Mr. and Mrs. Robert L. Shuff, filed a joint return for *808 the calendar year of 1...
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This is a class action in which plaintiffs seek declaratory and injunctive relief against enforcement of Georgia’s indecent exposure statute. Ga.Code Ann. § 26-2105; Ga.L.1971, p. 344. 1 The action is said to arise under the First, Fifth, Sixth, Ninth and Fourteenth Amendments to the Constitution and Title 42 U.S.C.A. §§ 1981, 1983 and 1988. *17 The Court’s jurisdiction is invoked pursuant to...
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332 F.Supp. 324 (1971) Burl Gene MARET, Petitioner, v. UNITED STATES of America, Respondent. No. 71 C 426(1). United States District Court, E. D. Missouri, E. D. August 26, 1971. *325 Burl Gene Maret, pro se. Daniel Bartlett, Jr., U. S. Atty., for respondent. MEMORANDUM MEREDITH, Chief Judge. This matter is pending on motion of petitioner, Burl Gene Maret, to set aside his sentence and judgment,...
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MEMORANDUM and ORDER There is no essential dispute of fact on the present motion for an injunction against the eviction of the plaintiff tenants from foreclosed properties the mortgages on which have been insured by the Secretary of Housing and Urban Development under the provisions of 12 U.S.C. § 1709. Plaintiffs contend, and argue on behalf of all other tenants similarly situated, that they c...
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OPINION This proceeding originally came before this court on a pro se application for relief under 42 U.S.C. § 1983. Petitioner, at that time, claimed that he was being denied his constitutional rights by New York State in that he was being held in custody by the warden of Green Haven Prison although he had already served his maximum term of five years or 60 months imprisonment. To be sure of obta...
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MEMORANDUM AND ORDER This case raises the question of the degree of candor required of issuers of securities who offer their shares in exchange for those of other companies in take-over operations. Defendants’ registration statement was, we find, misleading in a material way. While disclosing masses of facts and figures, it failed to reveal one critical consideration that weighed heavily ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs seek a preliminary injunction enjoining defendants from performing and advertising performances of a copyrighted work entitled “JESUS CHRIST SUPERSTAR, a Rock Opera”, or any portion thereof. In addition, plaintiffs request that defendants be enjoined from utilizing the name “The Original American Touring Company” in conjunction with their...
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MEMORANDUM Presently before the Court is defendant’s motion to dismiss on the grounds that a private citizen cannot initiate a criminal prosecution in his own name in Federal Court. The motion to dismiss was filed with this Court on July 19, 1971. Plaintiff filed his reply on August 12,1971. The above entitled civil complaint was filed on October 9, 1969, the allegations of jurisdict...
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OPINION On September 16, 1962, Jake Arnold, an employee of The Coast and Geodetic Survey fell from a Bilby Steel Tower while in the course of his employment. As a result of the fall, Arnold was permanently disabled and subsequently died as a result of these injuries. Thereafter, Patricia Arnold, wife of the decedent and executrix of his estate, brought both a wrongful death and a survival...
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OPINION Plaintiff, a surety writing company, has requested the Court to grant inter-pleader among the parties, pursuant to 28 U.S.C.A. § 1335, in order that a number of conflicts concerning $22,211.82 may be resolved. For reasons set forth within the opinion, we refuse the motion. National Surety Corporation (hereinafter National) executed Performance Bonds and Labor and Material Bon...
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OPINION This matter is presently before me on the motion of the defendant for leave to bring in third-party defendants. This suit is a claim under the Jones Act, 46 U.S.C. § 688 alleging that the plaintiff suffered injury to or destruction of his auditory system as a consequence of his employ on defendant’s vessel. The defendant now seeks leave to join James E. Webeck, Catherine Ponds and Robert ...
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MEMORANDUM AND ORDER The instant controversy originated when a divorce action was commenced in the Court of Domestic Relations of Brazoria County, Texas, wherein Mary Francis Arnold was plaintiff and Gerald Eugene Arnold was defendant. Subsequently plaintiff amended her original petition naming the United States of America as one of the defendants. In such pleading plaintiff alleged that ...
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MEMORANDUM AND ORDER Plaintiff, a Texas resident, was seriously injured in an automobile collision in Arkansas when his ear was struck from the rear by a cattle truck driven by one of the defendants, Robert J. Irvin. At the time of the accident, Irvin was acting as the agent of defendant C. R. Thomas, d/b/a S & R Cattle Company, all of whom are residents of the State of Alabama. Defendant...
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MEMORANDUM OPINION This is an admiralty collision action for damages resulting from three separate incidents, all of which occurred when a barge in the tow of the tug, DOW HUSTLER, collided with a railroad bridge’s fender system at a point where the bridge crosses diagonally over a privately owned barge canal. The tug was owned and demise chartered by Dow Chemical Company (Dow) to Dixie Carriers, ...
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MEMORANDUM AND ORDER Bessie Grammer brought this action to reverse the ruling of a Hearing Examiner of the Social Security Administration which denied her application for disability insurance benefits. 42 U.S.C.A. § 405(g). On September 25, 1970, the Bureau of Hearing and Appeals denied Mrs. Grammer’s request to review that decision. She filed suit on December 2, 1970, which was more than sixty da...
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The above-styled case was regularly set down for trial on June 15, 1971, and after hearing and considering the evidence and arguments of counsel, the *789 Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Plaintiffs have brought this suit to recover damages from the defendant for breach of its implied warranty in the sale of a vessel a...
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ORDER This cause came before the Court upon the following motions filed by the defendant: 1. Motion to dismiss the indictment. 2. Motion to compel disclosure of confidential informant. 3. Motion to suppress evidence. Defendant is indicted for violation of Section 1202(a), Title 18, Appendix of the United States Code, to wit: being a previously convicted felon in possession of a firearm....
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OPINION Plaintiff, a certified but non-tenured teacher, seeks damages and injunctive relief under 42 U.S.C. § 1983 for an allegedly unconstitutional termination. The defendants include the Board of Education of the City of Chicago, the principal of the high school where plaintiff was teaching on and before May 21,1971, and certain other officials of the Board of Education. The case was tried by t...
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MEMORANDUM This action for libel arises out of an article published in Life Magazine which dealt with the appointment by plaintiff of attorney Morris Shenker as head of the Commission on Crime and Law Enforcement. Plaintiff is the Mayor of the City of St. Louis, Missouri. The case is before the Court on defendants’ motion for summary judgment and plaintiff’s motion to compel defendant Denny Walsh ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause coming on to be heard on the 25th day of August, 1971, and the Court having heard and considered the evidence and being fully advised, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. That on or about the 2nd day of November, 1970, Dennis Moriarity, an agent of the Bureau of Narcotics and Dangerous Drugs, Department...
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OPINION AND ORDER This multidistrict air disaster litigation is being considered for transfer under 28 U.S.C. § 1407 pursuant to a show cause order entered on December 16, 1970. A hearing was first set for January 22, 1971, in San Francisco, California but was later vacated at the request of counsel for all parties. The hearing was rescheduled for February 26, 1971, in Washington, D. C. but c...
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FINDINGS AND OPINION This is one of a series of cases in this Court arising out of a contest between Bangor Punta Corporation (“Bangor Punta”) and Chris-Craft Industries, Inc. for control of Piper Aircraft Company (“Piper”) — a struggle from which Bang- or Punta emerged, in September, 1969, with control of Piper. 1 In this action the Securities and Exchange Commission (“Commi...
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This longshoreman’s action for personal injuries was tried twice to a jury. In March, 1971, the trial resulted in a disagreement. The trial in June, 1971, resulted in a verdict of $6,000.00 in favor of the plaintiff. The third-party action against the stevedoring company was settled by agreement after trial. To this date plaintiff has neglected to tax his costs and has refrained from entering a f...
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OPINION The factual background to the present application for the writ of habeas corpus may be summarized as follows: The relator, Edwin Blaine Chalfonte, was indicted by the Philadelphia County Grand Jury, Indictments Nos. 20-29, November Sessions, 1937, and No. 421, May Sessions, 1932. He was tried before the Honorable Harry S. McDevitt and a Jury on November 5, 1937, and was convicted on all in...
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MEMORANDUM AND ORDER This is an action under the Social Security Act, as amended, 42 U. S.C. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare denying her widow’s insurance benefits pursuant to 42 U.S.C. § 402(e) for any time prior to March, 1965. Defendant has moved the Court to affirm the hearing examiner’s findings in a summary judgment. Plaintiff’s husband...
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MEMORANDUM OPINION AND ORDER The plaintiff, William J. Sando, asks this Court to declare the so-called “K-*7746-2-2-2” plan adopted by the Alexandria School Board on May 19, 1971, void and unconstitutional on the ground that the plan significantly impinges upon the educational process and risks the health and safety of his children. The facts are not in dispute — most were stipulated. Briefly stat...
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IN PROCEEDINGS FOR AN ARRANGEMENT UNDER CHAPTER XII OF THE BANKRUPTCY ACT. This action is before the court on the petition of Samson Construction Company, Inc. for review of the Referee’s order of April 2, 1971. The facts of the case are essentially as follows. The Rubicon, Ltd., debtor herein, was engaged in the ownership and operation of real property investments. On December 17, 1969, petition...
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Plaintiff Davis filed this suit on April 7, 1971, asking that a three-judge court be convened to hear the case, as required by 28 U.S.C. §§ 2281 and 2284. This three-judge court was convened, answers and briefs filed, an amendment to the complaint allowed, and a hearing held on June 18, 1971. The Court allowed post-hearing briefs filed, and the case is now submitted for decision. I. STATEMENT OF T...
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*979OPINION AND ORDER This case is before the court on plaintiff’s motion for partial summary judgment. By its motion, plaintiff requests that claim 3 of United States Letters Patent No. 3,118,151 be declared invalid, and that claim 4 of said patent be held not infringed by plaintiff’s accused product. Both defendants subsequently moved for a stay of all proceedings in the case to allow defendant...
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MEMORANDUM AND ORDER Petitioner, Troy Victor, proceeding pro se, seeks issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq., attacking the legality of his confinement in New Jersey State Prison. Upon the filing of respondent’s answer, the cause was referred to the Honorable John W. Devine, United States Magistrate, pursuant to 28 U.S.C. § 636(b) (3) and General Rule 40E(3), for...
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MEMORANDUM OPINION The defendants in this case are charged with conspiracy to misapply *483bank funds and with five substantive acts of misapplication of bank funds, in violation of 18 U.S.C. Secs. 2, 371, 656 (1964). Pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure, defendant John Iannelli moved for a bill of particulars. The defendant requested eight items, six of which the Gover...
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OPINION AND ORDER The petitioner, Leroy Padgett, after a June, 1965 jury trial, was convicted of second degree murder. Post-trial motions were filed and denied, but no appeal was taken. Padgett subsequently filed a petition under the Post Conviction Hearing Act alleging only that the trial court erred in allowing the introduction into evidence of a statement obtained in the absence of counsel a...
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MEMORANDUM In Criminal Action No. 8006-R, Gar-nett Gilliam Webster was indicted for theft from the mails, unlawful possession of a United States Treasury check which had been stolen, and forging an endorsement on the same check. On June 13, 1968,1 he was brought before District Judge Hoffman, an attorney was appointed under the Criminal Justice Act, and defendant was released under a $1,-000 bond,...
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MEMORANDUM OPINION This proceeding raises a question of first impression in this circuit: whether the court may in an appropriate case look behind an otherwise acceptable corporate surety appearance bond to ascertain the source of the collateral and determine whether there is some personal moral compulsion assuring the presence of the defendant at further proceedings. This memorandum opinion em...
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ORDER Petitioner, a state prisoner incarcerated in the Georgia Diagnostic and Classification Center, was given leave to file in forma pauperis a petition for the writ of habeas corpus. Petitioner has amended twice and the State has filed in response a brief, several affidavits, and transcripts of the criminal trial and the state court habeas corpus hearing. Petitioner alleges exhaustion of stat...
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MEMORANDUM AND ORDER This Petition for Review arises out of an order of the Referee in Bankruptcy denying the reclamation petition of Mid-Plains Finance Co., Inc., seeking recovery of the bankrupt’s business stock of merchandise and fixtures. The issue concerns the legal sufficiency of a financing statement filed by Mid-Plains in 1967 under applicable sections of the Uniform Commercial Co...
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MEMORANDUM Plaintiffs have brought this action on behalf of themselves and others similarly situated, seeking declaratory and injunctive relief, to prevent defendants, Merritt S. Dietz, Commissioner of the Kentucky Department of Economic Security, and others, from effectuating an amendment to the Public Assistance Manual of Operation for the Medical Assistance Program of Kentucky which classifi...
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In this civil action, eight black residents of the City of Baltimore seek to enjoin the holding of certain impending elections for City Council, namely, a primary election scheduled for September 14, 1971 and a general election scheduled for November 2, 1971. 1 In their complaint, plaintiffs assert the unconstitutionality of a recent redistricting Ordinance, No. 1023, of the Mayor an...
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RULING ON PETITION FOR REVIEW This is a petition for review of the decision of the Referee in Bankruptcy in the above entitled matter concluding, as a matter of law, that a payroll deduction authorization, or wage assignment, is a lien “obtained by attachment, judgment, levy or other legal or equitable process or proceeding” within the purview of § 67a(l) of the Bankruptcy Act, and that the credit...
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MEMORANDUM OF DECISION This action has been instituted by Mrs. Ora Lee Saddler (plaintiff), in her own behalf and on behalf of her dependent grandchildren, Tommy Lee Davis, age fifteen years, and Sammy Lee Davis, age thirteen years, (children), the children of Mrs. Saddler’s daughter and her husband. The action is filed as a class action on behalf of all others similarly situated. Plaintiff h...
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OPINION AND ORDER Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM * , EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III * , and STANLEY A. WEIGEL, Judges of the Panel. On April 11, 1969, a DeHavilland U-1A aircraft owned and operated by the United States Army crashed near San Antonio, Venezuela. Of the six persons on board, three were killed and two were se...
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OPINION AND ORDER The common plaintiffs 1 in ten patent infringement suits in seven districts have moved the Panel for transfer under Section 1407 to the Northern District of Illinois. Each of the actions is for infringement of the Suess patent, which plaintiffs assert covers the basic oxygen process of refining steel. Although the plaintiffs urge that common questions of fact ...
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OPINION AND ORDER This multidistriet antitrust litigation encompasses nine actions pending in three different districts: four in the Western District of Missouri, three in the Northern District of California, and two in the Eastern District of Pennsylvania. 1 See Schedule A. All of these actions are brought by current or former franchisees of the International House of Pancakes...
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OPINION Two New York State prisoners have brought this class action seeking a declaratory judgment that Section 230(3) of the New York Correction Law, McKinney’s Consol.Laws, c. 43, under which their “good time” was computed, is unconstitutional and an injunction against the alleged discriminatory practices pursued by defendants in application of that statute. Plaintiffs attack the constitutionali...
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MEMORANDUM AND ORDER Industrial Equipment and • Marine Services, Inc., has sued here to enforce, in rem, a preferred ship mortgage dated August 15, 1967, against M/V MR. GUS. It was properly brought in admiralty under Rule 9(h). Detroit Trust Co. v. The Thomas Barium, 293 U.S. 21, 55 S.Ct. 31, 79 L.Ed. 176. The indebtedness secured by such vessel was evidenced by a promissory note of even...
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MEMORANDUM AND ORDER The Plaintiff in this suit, Centex Construction Company, Inc., brought this interpleader action and deposited in the Registry of this Court the sum of $9,-929.23. *1214 The first named Defendant, David M. Kennedy, Secretary of Treasury (hereafter referred to as “the Government”) claims a first and prior lien on the money deposited with this Court to the ...
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*309MEMORANDUM Plaintiffs herein seek a declaratory judgment as to their rights and injunctive relief to prohibit certain police practices in the City of Richmond, Virginia. Specifically, they seek redress, as members of an alleged class, for deprivation of rights secured by the First, Ninth and Fourteenth Amendments to the United States Constitution. For reasons that are obvious from the facts pr...
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OPINION This case has been the subject of a previous opinion of this court as to its jurisdiction dated May 15, 1968 (not published) and of the Fourth Circuit, published as Stone v. Stone, 405 F.2d 94 (1968). This court, in the trial of the case, it not having been before heard on the merits, heard the evidence ore tenus without a jury at two separate sittings, aggregating four days. The de...
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MEMORANDUM This is an action under the Miller Act, 40 U.S.C. § 270a et seq., in which the plaintiffs were awarded contract, evidenced by a purchase order issued by Old Dominion Repair Corporation 1 on June 11, 1968, for “Engineering Service not to exceed $2500.00” in connection with the construction of a water tower at the Northwestern Radio Station in Chesapeake, Virginia. Bro...
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ORDER DENYING RELIEF AND DISMISSING ACTION Petitioner brings this action pursuant to 28 U.S.C. § 2255 to vacate a sentence imposed upon him on September 12, 1969. On May 5th of that year he pled guilty to one count of a two count indictment. The indictment charged uttering counterfeit currency (18 U.S.C. § *409472) in one count and possession of such currency (18 U.S.C. § 472) in another. The peti...
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ORDER This action was heard by the Court sitting without a jury. Having considered the evidence as presented by both parties, the Court makes the following findings of fact: (1) The plaintiffs Copeland and Bennett are recipients of “Aid to Families with Dependent Children” (AFDC) welfare benefits which are funded jointly by the Federal and State governments. (2) Plaintiffs did not receive t...
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MEMORANDUM OPINION The defendant, Neal Richard Peters, has filed a motion to dismiss an indictment charging him with refusing to submit to induction as ordered, in violation of the Military Selective Service Act of 1967. 50 U.S.C.App. Sec. 462. The induction order is challenged by the defendant on the ground that there was no basis in fact for his 1-A classification and for the rejection of his re...
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MEMORANDUM OPINION FACTS Plaintiff, Floyd Smith, brings this action against the Government under the Federal Tort Claims Act. The accident complained of occurred during the Detroit riots of the summer of 1967. The Michigan National Guard had been federalized pursuant to Executive Order dated July 24, 1967, providing that the Secretary of Defense was authorized: 1. To take all appropriate step...
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MEMORANDUM & ORDER This is an action brought by the United States Secretary of Labor to enjoin Stokely-Van Camp from continuing claimed violations of § 7(a) and § 15(a) of the Fair Labor Standards Act.1 The case was submitted on the pleadings, briefs, and a stipulation of facts. The court heard oral argument. At issue is whether defendant is entitled to claim a partial overtime exemption for cert...
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On the night of August 17 and the early morning of August 18, 1969, the most intense storm ever recorded in the western hemisphere, Hurricane Camille, struck the Mississippi and Louisiana Gulf Coast with winds, attaining a velocity approximating 200 miles per hour and tides ranging from 15 to 30 feet above normal. The obvious aftermath of this freak of nature which claimed many lives and totally ...
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JUDGMENT REVERSING JUDGMENT OF DEFENDANT DENYING DISABILITY BENEFITS TO PLAINTIFF AND AWARDING BENEFITS FROM JUNE 30, 1968 This is an action under Section 405 (g), Title 42, United States Code, for review of a disability determination made by defendant on January 28, 1971, denying plaintiff’s claim for disability benefits under §§ 416 and 423, Title 42, United States Code. Plaintiff’s petition fo...
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MEMORANDUM This is an action to recover rent allegedly owed the plaintiff by the defendant. Plaintiff, Provident Life & Accident Insurance Company is a corporation organized and existing under the laws of Tennessee with its principal place of business in Chattanooga, Tennessee. Defendant C. F. Knight Drug Co. is a Missouri corporation with its principal place of business in St. Louis, Missouri. T...
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JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of habeas corpus ordering his discharge from the Missouri State Penitentiary as having completed his state sentences. Leave to proceed in forma pauperis has previously been granted. In his petition herein, petitioner stated that h...
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*21JUDGMENT DISMISSING COMPLAINT FOR WANT OF JURISDICTION This is an action, according to the allegations of the complaint herein, under the provisions of Section 1337, Title 28, United States Code, by the plaintiff railroad (on appeal, the trustees were substituted as parties plaintiff) to collect “storage and detention charges in the amount of One Thousand Eight Hundred Forty-Eight Dollars” all...
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ORDER Defendant moves the court to dismiss the indictment against her on the ground that the indictment will place her in double jeopardy, contrary to the Fifth Amendment to the United States Constitution. To properly consider this motion, an examination of the relevant facts is essential. An indictment charging defendant, an Indian, with the murder of one Matthew E. Black Dog, Jr., an Indian...
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MEMORANDUM AND ORDER This matter comes before the Court upon defendant’s [Kawaguchi, Ltd] motion to dismiss or in lieu thereof to quash the return of service of summons. [Filing #11], According to the pleadings and defendants’ answers and interrogatories a Kawaguchi KS 350-27 Plastic Injection Molding Machine, Serial No. 3392 was manufactured by defendant Kawaguchi, Ltd. and shipped ...
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MEMORANDUM OPINION The plaintiff seeks judicial review, pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405 (g), of the final decision of the Secretary of Health, Education, and Welfare, denying her the establishment of a period of disability and for disability insurance benefits. The plaintiff first filed her application for disability insurance benefits on December 15, ...
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MEMORANDUM OPINION AND ORDER The Court is confronted here with three petitions for habeas corpus relief from persons confined under state custody in Ohio. Two of the petitioners, Klotz and Holland, are in the Ohio Penitentiary, and the third, Smedley, is in the Ohio State Reformatory at Mansfield. Since all three petitions are concerned with the same basic issue, they will be considered together b...
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OPINION AND ORDER Presently before the court are defendant’s motions for new trial and judgment of acquittal. On October 30, 1970, the defendant was convicted by a jury of bank robbery in violation of 18 U.S.C. § 2113(a), (b) and (d). Very able and skillful defense counsel has advanced numerous reasons in support of the motions. The court has reviewed the entire record and will address itself only...
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MEMORANDUM OPINION AND ORDER This is an action brought under the Federal Employers’ Liability Act, 45 U.S. C. §§ 51-60 (1964), to recover damages for personal injuries allegedly sustained by the plaintiff on three separate occasions while working for the defendant railroad. Presently before us is defendant’s motion to transfer the action to the' United States District Court for the Distri...
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OPINION In this Federal Tort Claims action, jurisdiction exists pursuant to 28 U.S.C.A. § 1346(b). This proceeding arises as a result of a vehicular accident on September 10, 1968 involving the plaintiff and one Frederick W. Gilg, who was an employee of the Rural Electrification Administration, U. S. Department of Agriculture. Counsel have stipulated that at the time of the accident Gilg was negl...
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MEMORANDUM AND ORDER Before the Court is plaintiff employee’s motion to remand pursuant to the authority of 28 U.S.C. § 1447 1 Plaintiff originally instituted this suit in equity against her employer (Employer) and her union (Union) in the Court of Common Pleas of Philadelphia County. She alleged that as a result of a work-related injury and consequent leave of absence, her E...
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OPINION The defendants were convicted by a jury of conspiring to violate and violating, in four counts, the Labor-Management Reporting and Disclosure Act of 1959. They now move for a new trial, judgment of acquittal, and arrest of judgment. Count I of the information charged a conspiracy to violate 29 U.S.C. § 439(c) 1 in violation of 18 U.S.C. § 371. 2 Counts II, II...
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MEMORANDUM AND ORDER On December 31, 19,70, an order was entered denying plaintiff’s motion for summary judgment without prejudice to permit further discovery pursuant to Fed.R.Civ.P. 56(f).1 Plaintiff commenced this diversity action against defendant to recover damages arising from defendant’s default upon his endorsement and guarantee of a series of thirteen promissory notes made between the pla...
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OPINION Plaintiffs are the husband and daughter of deceased claimant, Valentine Assadourian. They bring this action under 42 U.S.C. § 405(g) to review the final determination of the Secretary of Health, Education and Welfare, who denied claimant supplementary medical insurance benefits under 42 U.S.C. § 1395j. Claimant registered for social security in August, 1955, and showed that she was born in...
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R. BLAKE WEST, District Judge. Plaintiff, allegedly injured while working as a motorman on a jack-up type drilling rig or motor vessel designated the M/V JUBILEE, off the coast of Australia, seeks damages for personal injury under the Jones Act and the General Maritime Law. Presently before the Court is a motion on behalf of defendant, plaintiff’s employer, Offshore Drilling (W.A.) Pty. Ltd., t...
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RULING Brodie B. Davis has applied here for issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Davis was convicted of murder November 21, 1958, in the Fourth Judicial District Court, Ouachita Parish, Louisiana, and was sentenced to death February 6, 1959. On appeal, the Louisiana Supreme Court affirmed the conviction and sentence, State v. Davis, 237 La. 577, 111 So.2d 778 (1959)...
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In a trial which began March 14, 1966, Russell Alexander was convicted of the murder of Mrs. Aline Buillard Carter and sentenced to death. He has petitioned for a writ of habeas corpus in this court, alleging that his conviction and sentence are unlawful for two reasons: (1) his conviction was based on confessions which should not have been received in evidence, and (2) veniremen were excluded fr...
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OPINION On August 11, 1971 we granted a preliminary injunction (with direction to settle order on three (3) days notice) restraining and enjoining defendants from selling, transferring for profit, advertising, offering for sale and shipping cigarettes in interstate commerce in violation of the Jenkins Act, 15 U.S.C. § 375 et seq. At that time we expressed our *1097 intention ...
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This is an action by Kurt Schmieder, a citizen of the Federal Republic of Germany, against Helen B. Dwyer, a former New York resident, now deceased, to recover certain properties transferred to her in 1938 pursuant to an alleged “irrevocable and unconditional” gift which plaintiff now seeks to have the court look behind. The essence of plaintiff’s claim is that the gift was made to prevent the Naz...
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MEMORANDUM OF DECISION This matter is before the court upon a Motion for Summary Judgment filed by the defendants, Volkswagenwerk Aktiengesel-Schaft, a corporation (VWAG), and Volkswagen of America, Inc., a corporation (VWOA). After careful consideration of the pleadings, depositions, answers to interrogatories, affidavits, briefs and argument of counsel, the court enters its finding...
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MEMORANDUM OPINION AND ORDER This action was commenced initially by William L. Marsh, Jr., a former seaman on the steamer James E. Ferris, to recover damages for personal injuries allegedly sustained on October 21, 1967, when the Ferris was in collision with the steamer Ernest T. Weir in the St. Clair River in Canadian waters. Defendants named in Marsh’s complaint were his employer, Bucke...
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OPINION I. INTRODUCTION In November, 1965, the plaintiff, E. David Keiser, was re-elected as Magistrate of the City of Philadelphia, having first been elected to that office in 1941 and continuously re-elected between 1941 and 1965. Plaintiff was a part of what in Philadelphia has now become an extinct specie of the Judiciary; for though neither a lawyer nor formally trained in ...
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OPINION This action is brought under § 201(c) of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 431(c), which provides, in pertinent part, that, “[E]very 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 every such labor organization and its office...
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OPINION AND ORDER Plaintiffs, a Pennsylvania corporation having its principal place of business in the City of Pittsburgh, and two individuals, residents of that city, who are the sole owners of the stock of the corporation and the managing directors and officers thereof, have brought suit for damages, compensatory and punitive, against the defendant under the Civil Rights Act, 42 U.S.C. ...
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OPINION AND ORDER This is an action pursuant to Section 60, sub. b of the Bankruptcy Act brought *1181by Norbert A. J. Conway, Trustee in Bankruptcy, again Edward Neff to recover an alleged preferential payment made by the bankrupt two weeks before the filing of the petition in bankruptcy. During the course of pretrial discussions, counsel agreed to submit the matter to the court for its decision ...
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OPINION AND ORDER Plaintiff, a member of the crew of the SS PORT ARTHUR, owned and operated by D. M. Picton Company, asserts he was injured aboard the defendant’s ves*640sel on or about August 11, 1970. Service of process was obtained by serving the State Corporation Commission of Virginia. Defendant moves to quash and vacate such service upon the ground that defendant is a foreign corporation wi...
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FINDINGS OF FACT 1. The plaintiff, Arnold J. Auerbach, is a citizen of the United States and is a resident of Northridge, County of Los Angeles, State of California. 2. The defendant Trustees of the California State Colleges (hereafter “Trustees”) are members of a legislatively created board authorized to govern and manage the system of public higher education in the State of California known...
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ORDER In 1968 several inmates of certain prisons and jails brought a class action in the Northern District of Georgia seeking declaratory and injunctive relief in connection with the desegregation of all such institutions in this State. The defendants in the suit were the Director of the Board of Corrections of Georgia and several sheriffs, jailors and other penal officials. The three-judge c...
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MEMORANDUM OF DECISION This action, filed May 31, 1968, was tried by the Court on July 12-21, 1971. The Court has considered the voluminous testimony, the more than 200 exhibits, the post-trial briefs, has taken judicial notice of certain historical facts believed to be matters of common knowledge, and now .files its findings of fact and conclusions of law in the form of this memorandum. ...
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RULING The Court carefully has considered the motion made for a preliminary injunction and temporary restraining order filed herein in behalf of Sammy Davis, Jr., Cleveland Watts, Eddie Coleman, Clarence Hymon, and Odeal Montgomery, which was presented to it during the late afternoon of August 16th, 1971. Upon its receipt, we immediately contacted Honorable W. C. Falkenheiner, District Attorn...
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The defendants are charged in one joint indictment with five counts of possessing illegal firearms as previously convicted felons in violation of 18 U.S.C. App. § 1202 and in four counts with unlawfully dealing in firearms without a license so to do in violation of 18 U.S.C. § 922(a) (1). Defendants have moved to dismiss as to Counts I, III, V and VII of the indictment, the so-called “poss...
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MEMORANDUM Petitioner, currently serving a maximum term of 25 years at the Great Meadow Correctional Facility following his conviction after trial by jury of manslaughter in the first degree, seeks his release upon a writ of habeas corpus. He charges that the trial court erred in excluding friends and relatives from the courtroom, that he was deprived of a fair trial because of the Court’s ex...
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OPINION This action is brought by a trustee in bankruptcy to set aside a chattel mortgage as in fraud of creditors, to recover the amount collected thereunder and to preserve the lien of the mortgage for the benefit of the estate. Jurisdiction is conferred by 11 U.S.C. § 11 et seq. Judgment for the plaintiff in the amount of $31,468.48. This opinion 1 constitutes our findings of fact and conc...
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OPINION Plaintiffs, pursuant to 17 U.S.C. § 112, seek a preliminary injunction restraining defendants’ imminent off-Broadway presentation of the play “Georgie Porgie, A Fairy Tale” alleging an infringement of their copyrighted dramatic work “Georgie Porgie.” Grec Affidavit, July 8, 1971, p. 1; Birimisa Affidavit, July 15, 1971, p. 1. *639The play “Georgia Porgie” authored by George Birimisa was pu...
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OPINION and JUDGMENT This matter comes before the Court on cross motions of plaintiff, United States of America, and defendant, Government Employees Insurance Company, for summary judgment. The sole issue is whether the plaintiff may recover for medical expenses from the defendant insurance company, the insurance carrier of the person to whom the medical services were rendered, under the medical p...
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ORDER On September 16, 1968, petitioners were convicted of the crime of attempted robbery with firearms by the District Court of Cherokee County, Oklahoma after trial before a jury. They appealed their convictions and sentences (the latter being imposed in the second part of a two-stage proceeding) to the Oklahoma Court of Criminal Appeals. That Court affirmed their convictions and sentences. Pott...
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MEMORANDUM AND ORDER Defendant, United States of America, has filed a Motion to Dismiss the instant complaint for failure to state a claim upon which relief can be granted. The action arises from the crash of a Navy airplane piloted by a member of the United States Armed Forces on July 7, 1963 at the Greenhill Day Camp in Horsham, Pennsylvania. Plaintiff, Keystone Insurance Co., insured a vehicle ...
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*700 OPINION In his petition under 28 U.S.C. § 2255, John Jacob Welty seeks a re-computation of sentence which he contends would entitle him to his immediate release from imprisonment. The factual background to the present petition may be summarized as follows: The defendant Welty was convicted on four counts under the Federal Bank Robbery Act (18 U.S.C. § 2113) and a count for conspiracy, ...
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OPINION AND ORDER DENYING MOTION TO DISMISS In this civil action the plaintiff seeks to recover damages for injuries sustained on October 6, 1968, while working at a construction project near Huff, Pennsylvania. It is alleged that the injuries were caused by a defective crane, which crane was manufactured in France by Societe de Construtiones Mecaniques du Bugey (Societe) and sold F. O. B. France ...
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OPINION In this proceeding in which a preliminary injunction is sought for the purpose of compelling arbitration, jurisdiction exists pursuant to 28 U.S.C.A. § 1337 and 29 U.S.C.A. § 141 et seq. The Court has conducted a full and complete hearing. Before discussing any facts pertinent to this proceeding, this Court desires to emphasize its awareness that the function of a court in ma...
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MEMORANDUM Presently before this court is defendants’ motion to vacate our Order of May *24814, 1971 compelling discovery in the above captioned matter. On January 27, 1971 the complaint was filed in the above captioned matter. On the same day, plaintiffs filed a motion for immediate discovery which was subsequently denied by us on February 3, 1971. Also on the same day, plaintiffs served interro...
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MEMORANDUM On July 13, 1970 this court denied defendants’ and the intervenor’s motion to dismiss the above-captioned matter and deferred decision on plaintiffs’ mo*406tion to dismiss certain affirmative defenses raised by the defendants and intervenor pending filing of additional briefs and oral argument (see, 315 F.Supp. 7 1970). Delay was incurred by reason of the dissolution of the law firm re...
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OPINION and JUDGMENT This ease comes before the Court upon a petition for a writ of habeas corpus filed in forma, pauperis by Alvin *763Junior Chittum, a state prisoner, pursuant to 28 U.S.C. Section 2241. The petition was filed with this Court on June 11, 1971. Petitioner is currently serving sentences totalling thirteen years in the Virginia state prison system pursuant to judgment of the Circui...
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MEMORANDUM DECISION Ben-Tom Supply Company, Inc., (hereinafter referred to as “Ben-Tom”) instituted this suit against V. N. Green & Company, Inc. (hereinafter referred to as “Green Company”), Central Asphalt Paving Co. (hereinafter referred to as “Central Asphalt”) and Great American Insurance Company (hereinafter referred to as “Great Amercan”), claiming money due and owing from Green Co...
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OPINION AND ORDER This is an action pursuant to the Social Security Act, Title 42 U.S.C. § 405(g),1 for a review of a final order of the Secretary of Health, Education, and Welfare to the effect that the plaintiff was entitled to old age insurance benefits under Title 42 U.S.C. § 402(a) 2 but that because of plaintiffs age those benefits were to be reduced in accordance with Title 42 U.S.C. § 402(...
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MEMORANDUM OPINION On June 21, 1971, this court granted the motion to dismiss of defendant Eastern Freight Ways, Inc. (hereinafter *1288“Eastern”), filed June 1, 1970. Thereafter, it came to the attention of the court that the other defendant, Local Union No. 557, Freight Drivers and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (hereinafter “the Un...
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MEMORANDUM This matter is before the Court on defendant’s motion to quash service of summons or to dismiss. This action was commenced by plaintiffs as representatives of a certain class of employees of the defendant, a “carrier” engaged in commerce within the definition of the Railway Labor Act, 45 U.S.C. § 151 et seq. Plaintiffs allege that an agreement entered into by the defendant and labor or...
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*820 MEMORANDUM OPINION AND ORDER This petition was brought by the United States for an order to show cause why the respondent, Mark D. Acuff, should not be held in criminal contempt for an alleged violation of Local Rule 17 of this court. Two questions are raised by the petition: First, whether Rule 17 is over-broad so as to violate rights guaranteed to the respondent ...
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MEMORANDUM OPINION Plaintiff, First Lieutenant Robert E. Gerber, an Air Force officer attached to a reserve component, moves for a temporary restraining order staying the Air Force from requiring him to comply with orders to report to Wright-Patterson Air Force Base in Ohio to commence his term of active duty. This motion was brought on originally in the form of an order to show cause why a pre...
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This is yet another admiralty action involving the use of scows by the Con *1315 solidated Iron & Metal Company, Ine. [hereinafter “Consolidated”] for the transportation of its scrap. In this particular case, Consolidated had contacted the Zeller Marine Corporation [hereinafter “Zeller”] on November 29, 1965 and asked that an empty scow be delivered the next day to the Consolidated...
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OPINION AND ORDER Presently before the court is plaintiff Archie Williams’ motion for new trial on the issue of damages. This action arose as a result of personal injuries sustained by plaintiff while working as a longshoreman for J. A. McCarthy, Inc. aboard a vessel belonging to Jade Co., Inc. Jade Co., Inc. thereafter instituted a separate action against J. A. McCarthy, Inc., Civil Action No. 68...
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OPINION and ORDER Plaintiff Maria Martis filed this action under 42 U.S.C. § 405(g) seeking judicial review of the adverse decision rendered by the Secretary of Health, Education and Welfare on her claim for disability insurance benefits. This is a young woman with neurological ailments who worked for several years as a machine operator in a factory. She described her condition as “congenital bone...
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329 F.Supp. 1302 (1971) F. W. PITTS et al., Plaintiffs, v. William B. CAMP, Comptroller of the Currency of the United States, Defendant. Civ. A. No. 69-979. United States District Court, D. South Carolina, Florence Division. Heard June 2, 1971. Decided August 17, 1971. *1303 Benny R. Greer, of Greer & Chandler, Darlington, S. C., for plaintiffs. Joseph O. Rogers, Jr., U. S. Atty. for the Dist...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Plaintiff in the above-styled cause filed suit in the Circuit Court of Autauga County, Alabama, against John F. Corbin, Jr., Harry A. Lauderdale, and fictitious persons causing seizure of a certain red pick-up truck automobile, stating counts in detinue for the truck and in damages to the extent of $10,-000.00 for conversion thereof. Defend...
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MEMORANDUM OF DECISION AND ORDER On October 28, 1966, defendant airlines and plaintiff as the certified bargaining agent of certain employees of defendant, entered into a contract covering rates of pay, rules, and working conditions for mechanics and certain other personnel. The contract contained the following provision: “This Agreement shall become effective November 1, 1966 and shall continue ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on the motion of the defendants to dismiss for failure to state a claim upon which relief can be granted. The plaintiff is the trustee in bankruptcy of Sudler, Hart & Co. (Bankrupt), a firm which was adjudicated bankrupt in 1969. The defendants are the individual members of the Securities and Exchange Commission and the Securities Inves...
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OPINION Petition to the United States District Court for the District of Delaware by defendant in a Delaware State Court prosecution to produce by way of a writ of habeas corpus ad testificandum an inmate of the federal prison at Lewisburg, Pennsylvania, to testify on defendant’s behalf in such State Court proceeding. Petition denied. The form of order accompanying the petition for the issuan...
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ORDER Upon petition of the United States Attorney, this action was removed to this court from the Superior Court of Fulton County.1 The suit pertains to a dispute between plaintiff and the Internal Revenue Service with respect to plaintiff’s 1969 income tax. The complaint recites a series of allegedly erroneous tax refunds, credits, and deficiencies, and requests that the court (a) enjoin IRS agen...
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ORDER FOR DISMISSAL In this criminal prosecution, the defendant, Robert Beckham, is charged with wilful and knowing failure to perform civilian work duties required of him under the authority of the Military Selective Service Act of 1967, 50 U.S.C.App. § 462. Defendant, a Jehovah’s Witness, has consistently maintained that he is entitled to a IV-D Selective Service classification in that he is a r...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING “PETITION FOR INJUNCTIVE RELIEF” WITHOUT PREJUDICE TO ADEQUATE STATE REMEDIES Petitioner, a state convict confined in the Missouri State Penitentiary, has submitted in this Court a “petition for injunctive relief and other appropriate relief” in which he founds jurisdiction of the federal court on the Federal C...
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ORDER GRANTING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT OF DISMISSAL In a prior complaint, sought to be filed under the provisions of the Federal Civil Rights Act, § 1983, Title 42, United States Code, plaintiff, who then alleged that he was an inmate of the Fulton State Hospital, sought to sue the “administrator” and “staff” of the hospital for his allegedly having been ...
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MEMORANDUM OPINION AND ORDER Defendant moves the court to grant summary judgment on his behalf. In order for defendant to be successful in this motion, there can be no genuine issues of fact in the litigation. Alaniz v. United States, 257 F.2d 108, 110 (10th Cir. 1958). Plaintiff alleges that he was foreman for Daniel Oilfield Construction, Inc. Daniel was employed by the defendant to do general ...
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In this action Vincent Lynch prays for an adjudication that 39 U.S.C. Section 3005 is unconstitutional on its face and as applied to plaintiff in an administrative proceeding initiated by the Postmaster General of the United States. In this proceeding the Postmaster General seeks to obtain a stop order in connection with what is claimed to be a scheme to defraud the public by mailing large quantit...
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OPINION The defendant, Louis Salerno, was charged in a four-count indictment with certain illegal transactions at Pocono Downs Race Track, Luzerne County, Pennsylvania. The case was tried by the court sitting without a jury. The defendant was found guilty of committing the offenses charged in Counts 1 and 3 of the indictment. Before the court is the defendant’s motions for judgment of acquittal...
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OPINION This is a civil rights action brought by a resident and taxpayer of the Wyoming Valley West School District seeking injunctive relief with respect to the composition of the Wyoming Valley West School Board. Plaintiff alleges that the District has been divided into nine regions, with each region electing one member of the Board, and that the regions are grossly disproportionate in populatio...
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OPINION AND JUDGMENT Rufus B. Silcox brings this action under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain review of a decision of the Secretary of Health, Education and Welfare, which held that the claimant was not entitled to the establishment of a period of disability nor disability insurance benefits under sections 216(i) and 223 of the Act, 42 U.S.C.A. § 416(i...
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MEMORANDUM OPINION In response to this Court’s order of June 20, 1970 for the respondent to show cause why the federal writ of habeas corpus should not be granted herein, he filed on July 23, 1970 a series of exhibited documents from the office of the clerk of the Criminal Court of Sullivan County, Tennessee in the case of State v. Tilman Eugene Phillips, Jr., no. 4940BL. The petitioner Mr. Phill...
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OPINION This is an action for summary judgment pursuant to Rule 56, Fed.R.Civ.P. The plaintiff is a citizen and resident of Washington County, Arkansas. The defendant Midwest Mutual Insurance Company, hereinafter referred to as Midwest, is a foreign corporation organized under the laws of a state other than the State of Arkansas and doing business in the State of Arkansas. The defendant Northwest...
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ORDER This is an action brought by the Attorney General on behalf of the United States pursuant to Section 407 of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6, and the Fourteenth Amendment. Defendants are the Board of Education of Clayton County, Georgia (hereinafter referred to as the “Board”); the Board’s individual members; and the Superintendent of the Clayton County School System. The c...
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ORDER FOR TEMPORARY INJUNCTION Plaintiff has filed in this Court its verified complaint, alleging trademark infringement and unfair competition, Motion for Preliminary Injunction, Memorandum in Support of said motion and Affidavits of Fact made by officers and associates of plaintiff in support of said Motion. Due notice was given to defendant, and defendant appearing through its attorney...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This cause comes on for final judgment; and the Court, having heard the evidence and considered the briefs and arguments of counsel, hereby makes its findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiff Chicago and North Western Railway Company is a corporation engaged in the transportation by rail of passengers and freig...
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MEMORANDUM OPINION This case, filed on March 5, 1965, is before the court for the fifth time on motion by plaintiffs for further relief, following decision by the Supreme Court of the cases of Swann, et al. v. Charlotte-Meeklenburg Board of Education, et al., 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554, and Davis, et al. v. Board of School Commissioners of Mobile County, et al., 402 U.S. 33, 91 S.Ct...
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MEMORANDUM AND ORDER OF THE COURT Presently before the Court in these consolidated actions are the Second and Fourth Affirmative Defenses set forth in defendants’ answers, by which defendants seek dismissal of the actions for lack of jurisdiction over the person and for insufficiency of service of process. Fed.R.Civ.P. 12(b) (2) and (5). Plaintiffs Dufour are Maine citizens; plaintiffs Ma...
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OPINION AND ORDER OF THE COURT This is a petition for review of an award of attorneys’ fees made by respondent in a compensation order awarding benefits under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. The matter is before the Court on cross-motions for summary judgment, with supporting affidavits. Petitioners, a law firm in Auburn, Maine, repres...
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MEMORANDUM DECISION Defendants are charged with possession of narcotics with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). This action is now before the Court on a motion by the defendants to suppress certain evidence. On May 14, 1971, a special agent for the Bureau of Narcotics and Dangerous Drugs obtained from a Federal Magistrate a warrant to search the apartment occupied by...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a prisoner in the United States Medical Center for Federal Prisoners, has had prior petitions for habeas corpus filed in this Court. See Horton v. Ciccone (W.D.Mo.) Civil Action No. 16240-3, dismissed without prejudice on January 5, 1967, in which petitioner...
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JUDGMENT OF DISMISSAL FOR FAILURE TO STATE A CLAIM UNDER THE FEDERAL CIVIL RIGHTS ACT In his complaint herein under the Federal Civil Rights Act, plaintiff, a state convict confined in the Missouri State Penitentiary, states that he was placed in maximum security confinement by defendants because of a charge which resulted in a “felony complaint” being filed against him in the Magistrate ...
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ORDER TRANSFERRING CAUSE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS This is an action seeking to enforce an order for refund of rates made by the Interstate Commerce Commission in Increased Rates and Charges, From, to and Between Middlewest Territory, Docket No. 34971, 335 I.C.C. 397. In the complaint herein, it is alleged: “The defendants, as members o...
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MEMORANDUM This action was instituted on August 14, 1970, to recover damages suffered as a result of defendant’s alleged breach of a contract to repair plaintiff’s ship. Breach of warranty and the right to indemnification are also asserted. The present motion by defendant seeks summary judgment and dismissal of the complaint. It will be denied, for the reasons indicated below. The fac...
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OPINION AND ORDER Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3). This matter is before the Court on the petition, re*647turn of writ, petitioner’s memorandum in opposition to the return of writ, exhibits and briefs of the parties, and the bill of exceptions in State v. Clyde Jones, No. 19944 (B...
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*594MEMORANDUM OPINION AND ORDER Petitioner seeks discharge from state custody by a writ of habeas corpus. He has been held in jail since August 13, 1970, awaiting trial on charges of burglary of an Esso station and stealing approximately $30 from the cigarette vending machine in the station. The offense is charged to have occurred during the night of August 12-13, 1970. Trial had been fixed for J...
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OPINION AND ORDER Petitioner, Daniel Cleveland Patterson, applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking discharge from the United States Army Reserve. A resident of Stowe, Vermont, petitioner is an enlisted member of the United States Army Reserve and is attached to the 344th Transportation Battalion (Truck), located at Montpelier in the State and District of Vermont. ...
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The above-styled ease was regularly set down for trial on June 16, 1971, and after hearing and considering the evidence, exhibits and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDING OF FACTS 1. This is an in rem action by the Louisville and Nashville Railroad Company (L&N) against the M/V Ciudad De Turbo1 for damages suffered by the *770fender s...
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MEMORANDUM OPINION The plaintiff, Willie Eugene Roberts, brings this action against the defendant, St. Louis Southwestern Railway Company, a corporation, seeking injunctive *974relief restraining the Defendant Railway from maintaining and pursuing a policy of racial discrimination and otherwise interfering with rights of the plaintiff to employment on the basis of race and color or to equal employ...
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This is an action to review a determination by the Secretary of Health, Education and Welfare that plaintiff is not entitled to the establishment of a period of disability or to disability insurance benefits under Section 216 (i) and 223(d) of the Social Security Act. 42 U.S.C. §§ 416(i), 423(d). The Court’s jurisdiction is invoked pursuant to Section 205(g) of the Act. 42 U.S.C. § 405(g). Plainti...
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*1284ORDER This is an action in one count for the alleged unpaid and due balance on insurance contracts.1 Jurisdiction is alleged on the basis of diversity of citizenship. 28 U.S.C. § 1332(a). The case has been submitted to the court on plaintiff’s motion for summary judgment, defendant’s motion to dismiss and defendant’s motion for summary judgment. As the granting of the motion to dismiss would...
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DECISION AND ORDER This action for review of the final order of the Secretary of Health, Education and Welfare, denying Mrs. Schnurr’s application for disability benefits, is before the Court on the Secretary’s Motion for Summary Judgment. Mrs. Schnurr filed her application for disability benefits under the Social Security Act on October 28, 1968, alleging that she became unable to work on Februar...
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MEMORANDUM AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS The captioned ease is presently before the Court on defendants’ motion to dismiss for the reason that plaintiff’s complaint fails to state a claim for which relief can be granted. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C., the Court will treat the motion as one for summary judgment and dispose of the same...
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JUDGMENT FOR PLAINTIFF ON ISSUE OF LIABILITY This is an action on a contract of insurance under the diversity statute, § 1332, Title 28, United States Code. 1 Plaintiff’s complaint is in two counts. In the first count, it is alleged that *1273 $120,448.97 worth of plaintiff’s property which was in the possession of defendant’s insured Ar-Ka-Mo Sporting Goods, Inc.,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause coming on to be heard on the 6th day of August, 1971, and the Court having heard and considered the evidence and being fully advised, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. That on or about the 15th day of September, 1970, Fritz J. Engelking, an agent of the Bureau of Narcotics and Dangerous Drugs, Departm...
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OPINION AND ORDER Based on a stipulation of facts by both parties, defendant moves the court to dismiss the complaint for failure to state a criminal charge against defendant. Defendant was indicted on 37 counts. Each count involved an expense, alleged to have been for defendant’s personal activities. All counts charged a violation of 18 U.S.C. § 656. 1 *644 After dismissal without object...
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OPINION Plaintiffs seek the extraordinary remedy of a preliminary injunction to block a state exercise of the eminent domain *1288 power where the particular takings have been authorized by the state legislature to meet projected needs for airport facilities. The papers are lengthy and learned on both sides. For reasons outlined below, the motion of plaintiffs and a cross-mot...
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MEMORANDUM Plaintiff Sonia Alland moves the Court ex parte for an order directing entry of final judgment against defendant Consumers Credit Corporation, a finance company located in Cleveland, Ohio, on the ground that entry of such judgment and jurisdiction of this Court were expressly agreed to by the defendant in each of the two promissory notes sued upon herein. In 1951, the defendant corpora...
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OPINION The defendant has confessed liability for damages caused to a shipment of *864nursery stock in transit. The only remaining question presented under the agreed statement of facts is the shipper’s claim for interest. The purpose of the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), was to shift from the shipper to certain carriers the burden of going forward with the i...
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ORDER This case is before me upon motion of the plaintiff to require the defendant to furnish her with a copy of the administrative record in the above case and that the case be remanded to the Secretary “for the taking of testimony so that the plaintiff can be given an opportunity to be heard”. Defendant had previously filed a motion to dismiss plaintiff’s complaint on the grounds that the court ...
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MEMORANDUM One phase of this case involves Section 20-235, T.C.A., commonly referred to as the long-arm statute of Tennessee. Helen Lawson, plaintiff, filed her action against U-Haul Company, Amerco, Inc., John H. Godsey, and Willie D. Lawson, III, as defendants. Amenco, Inc. and Willie D. Lawson, III were later voluntarily dismissed. It is alleged in the complaint that Willie D. Lawson, III,...
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ORDER This cause came on for consideration upon a petition for writ of habeas corpus filed by Richard C. Davis, in for-ma pauperis. The petitioner is in state custody pursuant to a state court judgment. Petitioner raises two separate grounds for relief: (1) That petitioner was immune from prosecution for the crime for which he was convicted because he was compelled to incriminate himself in vio...
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MEMORANDUM ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW “(T)he rains had come! * * * The lightning came brilliant and white, flash after flash * * *. Then the first big drops were followed faster and faster, by others until the whole sky seemed to pour forth water in one enormous cataract.” 1 Monsoon season in India had arrived. These two actions involve a claim for...
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MEMORANDUM AND ORDER Plaintiff brought this malpractice action against her attending physicians and St. Joseph Hospital. She dismissed her action against the hospital during the course of the trial. The case was tried and submitted to a jury which returned a verdict in favor of the plaintiff and against the defendant physicians in the sum of $150,000. The matter is now before the Court upon the...
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INTERIM JUDGMENT After conference held between all counsel, and upon consideration of all memoranda and statistical data and other matters submitted to the Court by counsel, and for the reasons set forth in the detailed REASONS FOR INTERIM JUDGMENT, the Court rules as follows: 1. It is the judgment of this Court that the election of July 31, 1971 to amend the Home Rule Charter of Jef...
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MEMORANDUM OPINION I. The Issues Plaintiffs bring this class action on behalf of residents of Ouachita Parish, Louisiana, residing outside the City of Monroe, claiming that the manner in which members of the Ouachita Parish School Board are elected, as provided by the applicable State statute, as interpreted by the Louisiana Supreme Court, is violative of their rights under the Fourteenth Amendm...
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The matter before the court is a timely motion under Rule 54(d) of the Federal Rules of Civil Procedure to review taxation of costs by the Clerk of Court. Plaintiff sued defendants for personal injuries suffered as a result of medical treatment obtained by plaintiff wife from defendant doctor working at defendant clinic. Plaintiff alleged she suffered severe burns from the immersion of her hand in...
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ORDER This is an application for writ of habeas corpus. Petitioner, a state prisoner, was sentenced to life imprisonment upon his conviction by a jury of the crime of rape at the September 1963 Criminal Term of the Columbus County Superior Court. Two previous applications for writ of habeas corpus have been denied by this court.1 Petitioner bases his allegation that he is being held in custody in ...
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MEMORANDUM OPINION The plaintiff seeks judicial review, pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405 (g), of the final decision of the Secretary of Health, Education, and Welfare, denying her the establishment of a period of disability and for disability insurance benefits. The plaintiff first filed her application for disability insurance benefits on March 17, 196...
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329 F.Supp. 1400 (1971) Carl Lynton PARKER, v. Mr. V. Lee BOUNDS, Commissioner, North Carolina Department of Correction, and State of North Carolina. Civ. No. 2801. United States District Court, E. D. North Carolina, Raleigh Division. August 11, 1971. Carl Lynton Parker, per se. Robert Morgan, Atty. Gen., Jacob L. Safron, Asst. Atty. Gen., Raleigh, N. C., for respondent. ORDER BUTLER, Chief Judg...
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OPINION 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, in which disability benefits were denied. The only issue before the Court is whether -the aforementioned final decision of the Secretary is supported by substantial evidence. To qualify for disability insurance benefits under...
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OPINION AND JUDGMENT The trial of this case was held on July 28, 1971. Plaintiffs were represented by attorneys Pedro J. Varela and Samuel Gracia and defendant was represented by attorney Ricardo Rodriguez. At the outset of trial, plaintiffs requested the Court’s leave to waive the right of trial by jury, which was granted with the consent of the defendant. Defendant, on the other hand, accepted n...
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OPINION AND ORDER This cause came to be heard on the motion of Condominium Development Corp. to expunge certain notices of lis pendens filed by plaintiffs for recordation at the Registry of Property of Puerto Rico. The parties have filed memoranda in support of their respective positions. (1) As judgment dismissing the complaint in this case was entered on June 18, 1971 and an appeal was taken on ...
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MEMORANDUM OPINION This is a suit to enjoin the continued execution of a system of inspection of packages and briefcases carried into the United States Courthouse at Nashville, Tennessee by the security force of General Services Administration. The original plaintiffs consisted of attorneys, a client, and a spectator. The Tennessee Bar Association was permitted to intervene as a plai...
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DECISION and ORDER The complaints in the above-entitled actions seek damages for the alleged interference with a contract between the plaintiff U-Profit, Inc., and the defendant Bromley Ltd., Inc., and for the purported infringement of a patent mark issued to the plaintiff Truck-O-Matic, Inc. Motions have been filed in both cases by four of the defendants. In addition, the plaintiffs have submitt...
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OPINION This is an action by plaintiffs, Communications Workers of America, AFL-CIO, and its Local Union No. 6572, hereinafter referred to as the Union, to enforce an Arbitrator’s award in a dispute with defendant, Arkansas Western Gas Company, hereinafter referred to as Arkansas Western. A brief review of the events leading up to this action is necessary. On June 17, 1969, a collective bargainin...
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ORDER GRANTING TEMPORARY RESTRAINING ORDER This cause came on to be heard upon complainants’ complaint seeking a temporary restraining order and other injunctive relief and for a permanent injunction upon final adjudication hereof; and the file reflecting service of the complaint and a notice of hearing having been made on the defendant on August 6, 1971, and counsel for the respective parties bei...
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On Trial as to Liability FINDINGS OF FACT AND CONCLUSIONS OF LAW General Findings of Fact 1. Plaintiff, Sidney Rosen, is a resident of the State of Maryland. 2. Defendant, James F. Kahlenberg, is a resident of the State of Florida, and does business in the State of Florida as Kahlenberg-Globe Equipment Company. 3. Plaintiff is the owner of United States Patent 2,90...
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MEMORANDUM AND ORDER Elliott Charles Ricehill seeks the issuance of a writ of habeas corpus. Rice-hill was given an indeterminate sentence not to exceed 75 years following his conviction by a jury of the murder of Mabel Bigley. His conviction on appeal was affirmed by the Supreme Court of Iowa. State v. Ricehill, 178 N.W.2d 288 (Iowa 1970), cert. denied, March 11, 1971. There is no question t...
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MEMORANDUM Plaintiffs move herein for an order pursuant to Rule 23(c) of the Federal Rules of Civil Procedure and Rule 11A of the Civil Rules of this court: 1) allowing this action to be maintained as a class action pursuant to Rules 23(a) and 23(b) (2) of the Federal Rules of Civil Procedure; and 2) defining the class represented by plaintiffs to include all Negro and Spanish sur-named Americans ...
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*1313OPINION In this action, plaintiff Michael P. Grace II sues individually, and derivatively on behalf of the stockholders of the former Grace National Bank of New York (“Grace National Bank”), to recover damages for alleged breach of fiduciary duty by W. R. Grace & Co. in connection with the sale of the assets of the Grace National Bank to The Marine Midland Trust Company of New York (“Marine ...
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ORDER This is an application for a writ of habeas corpus by Charles Lee Parker, a state prisoner. Petitioner is confined pursuant to a sentence of life imprisonment imposed at the August 1964 Term of the Superior Court of Halifax County upon his plea of guilty to an indictment for first-degree burglary. Parker, a Negro, alleges as his sole ground for relief that his custody violates the Const...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a civil action instituted by white students for injunctive relief alleging that the defendant, Board of Education, has assigned them on the basis of their race from a racially integrated school to a segregated school, and that as a result of such reassignment, plaintiffs will be required to travel over dan-' gerous bridges and roads. Other claims all...
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329 F.Supp. 953 (1971) John E. HART et al., Plaintiffs, v. COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA, et al., Defendants. Civ. A. No. 193-70-A. United States District Court, E. D. Virginia, Alexandria Division. August 10, 1971. S. W. Tucker, Henry L. Marsh, III, Hill, Tucker & Marsh, Richmond, Va., Robert M. Alexander, Arlington, Va., Larry Latto, Allison W. Brown, Jr., Washington, D....
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MEMORANDUM AND ORDER The defendants in these cases have been indicted for violation of the Military Selective Service Act of 1967 (“The *728 Act”). 1 These cases are not factually related, but are decided together because substantially identical pretrial motions have been presented in each case. These are but three of approximately 150 cases which have been assigne...
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The issue presented for determination is whether or not the Franklinton Elementary School can assign students in the recently desegregated school on the basis of standardized ability and achievement tests. Without determining the per se validity of the use of such tests, the Court holds that testing, as presently used in Franklinton Elementary denies plaintiffs equal educational opportunity and...
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ORDER GRANTING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT OF DISMISSAL Plaintiff, an inmate of Missouri State Hospital No. 1, in Fulton, has filed in this Court a pleading purporting to be a complaint for $1 million damages under the Federal Civil Rights Act, § 1983, Title 42, United States Code. Jurisdiction is invoked pursuant to § 1343(3) and (4), Title 28, United States Code....
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Fordland Honor Camp, Fordland, Missouri, petitions this Court for a writ of habeas corpus, claiming that this state conviction of second degree murder was secured in violation of his federal rights. Petitioner also requests...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict currently confined in the Missouri State Penitentiary, petitions this Court for a writ of habeas corpus, claiming that a sentence which he has yet to serve under a Kansas conviction is unlawful and was secured in violation of his federal righ...
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OPINION The chief and least bearable costs of war are paid in human lives. The young doctors who bring this suit, together with the communities they serve, present one aspect of that reckoning. It is claimed that plaintiff physicians and their “class,” unquestionably subject to statutory draft obligations, must be deferred because of assertedly gross flaws in the standards and procedures for allo...
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MEMORANDUM In this consolidated action, which has been determined conditionally to be a class action on behalf of “all former shareholders of the common stock of Texas Gulf Sulphur Company who claim they sold their stock between April 12, 1964 and 10:55 A.M. on April 16, 1964 in reliance upon the April 12, 1964 press release, issued by Texas Gulf Sulphur Company, relating to exploratory activities...
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Presently under consideration are Yamaha Motor Company Limited’s Motion to Dismiss and plaintiffs’ Motion for Authorization to Make Service. Plaintiffs, Pennsylvania residents, allege that their son’s death was caused by the malfunctioning in Levittown, Pennsylvania, 1 of a motorcycle manufactured by Yamaha Motor Company Limited (Yamaha Lim.) and distributed by Yamaha Internatio...
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OPINION AND ORDER Relator has filed a petition for a writ of habeas corpus attacking his 1969 convictions for assault and battery and aggravated assault and battery with intent to kill in the Court of Common Pleas of Philadelphia County. He is now serving a prison term of three to seven years. In the instant petition, relator raises the same issues which were the basis of his direct appeal in the ...
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OPINION AND ORDER This is a civil rights case in which the plaintiff asserts that the defendants, both of whom are members of the Lancaster City Police Department, directed and/or conducted an unlawful search of his premises and unlawfully seized $329.-00 belonging to him. Plaintiff premises jurisdiction upon 28 U.S.C. §§ 13311 and 1343(3),2 and his cause of action essentially upon 42 U.S.C. § 19...
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OPINION On May 1, 1968, the Spectrum Arena, Inc. (hereafter referred to as the “Debt- or Corporation”), was involuntarily placed in reorganization under the Bankruptcy Act of July 1, 1898, Chapter 10 (11 U.S.C. § 501 et seq.). The land and building in which the Debtor Corporation holds a leasehold interest (hereafter referred to as the “Spectrum”), are owned by the City of Philadelphia; the Debtor...
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MEMORANDUM DECISION On August 12, 1965, petitioner was convicted in the Circuit Court of the *2County of Dewey, State of South Dakota, pursuant to his plea of guilty to the charge of first degree rape in violation of S.D.C.L. 22-22-4 (1967). Petitioner filed an application for habeas corpus relief in Circuit Court for the County of Minnehaha, State of South Dakota, on July 14, 1969. The applicatio...
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This matter came before this Court on a petition by Iowa State University Research Foundation (hereinafter ISURF) to intervene in the lawsuit currently in progress involving Honeywell, Inc. v. Sperry Rand Corporation and Illinois Scientific Developments, Inc., for purposes of obtaining a certificate naming John V. Atanasoff as a joint inventor in United States Patent 3,120,606. ISURF is assignee o...
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ADMINISTRATIVE ORDER NO. 71-11 ORDER TRANSFERRING “FARM CASES” TO THE DISTRICT OF MINNESOTA UNDER 28 USC SECTION 1404(a) (By Assignment). On July 16 this court directed the parties in the actions listed on the attached Appendix A to show cause in writing on or before July 26, 1971, why said actions should or should not be transferred to the District of Minnesota pursuant to 28 U...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This suit for refund of income taxes was tried before the court, a jury having been waived, on December 15, 16, 17, *985 and 23, 1970. The matter stands submitted following submission of post-trial briefs by both sides. Having considered the pleadings, evidence, briefs, and relevant authorities, the Court now makes its Findings of Fact and Conclusions o...
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ORDER Plaintiff, an owner of land adjacent to the Roaring Fork River, in Pitkin County, Colorado, alleges that, by various illegal acts, the defendants have caused erosion damage to his land. He seeks injunctive relief, money damages, and one-half of any fines which may be assessed against the defendants for various alleged violations of the Rivers and Harbors Act of 1899 (as amended), 33 U.S.C. ...
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MEMORANDUM DECISION The plaintiffs originally brought this action seeking injunctive and declaratory relief in regard to the durational residency requirement contained in the definition of veteran found in the definition subdivision of. the Minnesota veterans preference statute. Minn.Stat. § 197.45(1). Plaintiffs brought the action as a class suit. They maintained that the State and local durat...
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*1001OPINION Our Circuit on January 13, 1971 set aside defendant’s adjudication of juvenile delinquency upon the finding that “oral admissions made to an Assistant United States Attorney after his arrest and prior to his arraignment were unconstitutionally obtained [in contravention of 18 U.S.C. § 5035 i1 ] and that the introduction of these admissions into evidence against him at trial, over his ...
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MEMORANDUM OPINION This is a proceeding for preliminary injunction to have an assessment for excise taxes incident to alleged gambling operations declared invalid and to enjoin an execution that has been issued against realty and personalty of the husband and wife, who own said interests as tenants by the entireties. The Court has conducted full and complete hearings and it appears that it is not ...
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OPINION ON MOTIONS TO DISMISS This is an action brought by twenty-eight labor unions against an association of construction contractors, the United Contractors Association, Inc. of Pittsburgh, Pennsylvania, and a labor union, the Associated Trades and Crafts Union. It alleges that United Contractors has created Associated Trades for the purposes of representing the employees of and execut...
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MEMORANDUM AND ORDER Plaintiff Regina Concepción Cancel is before the Court seeking review under 42 U.S.C. § 405(g) of the decision of the Secretary of Health, Education and Welfare denying an application filed June 6, 1968 seeking to establish a claim for disability insurance benefits under the provisions of the Social Security Act. Plaintiff asks the Court to decide whether from the record as a...
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MEMORANDUM AND ORDER Plaintiff was a seaman on the shrimping vessel “BILL H,” which was owned by Bill H., Inc. The sole stockholder was Harry Moore. The master of the vessel was Earl Thompson, sometimes referred to as “Shaler.” At the time Plaintiff was injured, the “BILL H” and several other vessels were at anchor and tied together in the waters off Campeche, Mexico. The Plaintiff, who did the co...
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DECISION and ORDER The defendants have moved to dismiss the complaint. The court established a briefing schedule pursuant to which the movants’ brief was due on June 28,1971; it was timely filed. Mr. Bresette’s brief was to have been submitted by July 19, 1971, but it has not been received by the court. The complaint in this case seeks preinduction judicial review of Mr. Bresette’s order from his ...
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Plaintiff, Kittridge Troxler, filed this lawsuit on behalf of himself and other residents of St. John the Baptist Parish similarly situated to compel the parish police jury to redistrict or reapportion itself based on the 1970 federal census. The complaint recited population figures which were not disputed by the police jury showing existing population deviations in excess of 80%, deviations cert...
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This ease was tried to the Court. We enter findings and conclusions: FINDINGS OF FACT 1. Terrebonne Welders employed Paul LeBlanc, deceased, as a welder and general construction worker. Terrebonne performs welding as a contract welding organization and also furnishes welders on an hourly basis to perform welding services for customers in the oil field and offshore drilling industry. ...
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This cause came on for hearing on a previous day on the motion of defendants, W. W. Morris and American Motorists Insurance Company, to dismiss for failure to state a claim and alternatively for summary judgment. The Court, having studied the legal memoranda, depositions and affidavits, is now fully advised in the premises and ready to rule. The undisputed facts show that' the plaintiff wa...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq. The petitioner, Robert H. Mottram, was originally convicted, following jury trial, at the January 1958 term of the Cumberland County, Maine Superior Court on both counts of an indictment charging him, in the first count, with larceny of an automobile, Me.Rev.Stat. ch....
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329 F. Supp. 391 (1971) David Michael LIPMAN, on behalf of all others similarly situated, Plaintiff, v. George VAN ZANT, Secretary of the Mississippi Board of Bar Admissions, et al., Defendants. No. GC 7091-K. United States District Court, N. D. Mississippi, Greenville Division. August 5, 1971. *392 James A. Lewis, Oxford, Miss., for plaintiffs. Jesse Adams, Asst. Atty. Gen., Jackson, Miss., for ...
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MEMORANDUM and ORDER The relator seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq. Tried in Superior Court of New Jersey, Law Division, Essex County, he was found guilty by a jury on three separate indictments for (1) official misconduct in violation of N.J.S.A. 2A:-85-1, (2) a conspiracy to extort in violation of N.J.S.A. 2A:98-1, and (3) extortion in violation of N.J.S.A. 2A:-1...
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OPINION Plaintiffs, pursuant to 28 U.S.C. § 1447(c), seek to remand this litigation to the New York State Supreme Court. Four plaintiffs are American oil companies: ARCO Exploration, Inc., Murphy Middle East Oil Co., Iranian Sun Oil Co., (Delaware corporations), and Union Oil Company of Iran (a California corporation)^ — the “citizen corporations.” The remaining two plaintiffs, Lavan Petr...
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OPINION Defendants Jerome Allen, Emil Y. Hegyi and Sidney Stein move, pursuant to the Sixth Amendment to the United States Constitution and Fed.R.Crim.P. 48(b), to dismiss the within indictment on the grounds that they have been de *1386 nied their right to a speedy trial and because the Government has unnecessarily delayed prosecution of this case. From the papers before me, the salient an...
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Plaintiffs move for an order, pursuant to Rule 23(c) (1) of the Federal Rules of Civil Procedure, determining that the action may be maintained as a class action. The complaint in seven counts is brought on behalf of plaintiffs and all other persons who sustained damages as the result of purchases of the common stock of Dekeraft Corporation (Dekeraft) and of the stock of its subsidiaries or affili...
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OPINION Defendants Storer Broadcasting Company and Northeast Airlines, Inc. move for a protective order pursuant to Rule 26(c), F.R.Civ.P. directing that the deposition and discovery of Chase Manhattan Bank, N.A., a non-party, not be had by plaintiffs. The motion is denied. The major claim presently at issue is whether concealment by the defendants of allegedly adverse information imparted to Cha...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The above-entitled civil rights case was tried by this Court sitting without a jury on July 27, 1971. The Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The plaintiff filed the above-entitled civil rights complaint on October 15, 1969 alleging that the above named defendants conspired to falsely imprison plaint...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER This litigation arises out of the collision between the SS HAROLD H. JACQUET and the BARGE JAMES SHERIDAN, which was being towed by the TUG D. T. SHERIDAN, on the evening of December 15, 1965. *489After a ten day trial to the Court without a jury, briefs and replies were submitted by counsel, and the Court makes the following: FINDINGS OF...
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ORDER Plaintiff in this action seeks review of a final decision of the Secretary of Agriculture denying plaintiff’s application for the service of an additional set of inspectors for the 1970 selling season for flue-cured tobacco in the auction warehouse in Mullins, South Carolina. The court’s jurisdiction of the controversy is provided by the Administrative Procedure Act (5 U.S.C. § 701 et seq.) ...
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MEMORANDUM DECISION Petitioner has filed a petition in this court seeking federal habeas corpus relief from a state court conviction of second degree burglary. Petitioner has exhausted his state court remedies in accordance with the requirements of 28 U.S.C.A. § 2254. See, State v. Orricer, 80 S.D. 126, 120 N.W.2d 528 (1963) (direct appeal from conviction); Orricer v. State, S.D., 181 N.W.2d 461 (...
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ORDER DENYING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT WITHOUT PREJUDICE Pursuant to policy of this Court, the Amended Complaint herein was permitted to be filed without prepayment of fees, subject to subsequent order by this Court as to the suitability of further prosecution of the action in forma pauperis. 28 U.S.C. § 1915(a). Plaintiff alleges that he, as a Ca...
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ORDER GRANTING WRIT OF HABEAS CORPUS Petitioner Albert Frisby was inducted into the United States Army on June 8, 1970. After basic training at Fort Leonard Wood, Missouri, he was sent to Fort Ord, California, for advanced infantry training. He then applied for conscientious objector status with the provision that he would continue in the Army as a non-combatant. This application was approved in ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on a petition for writ of habeas corpus filed by Lt. Lloyd D. Ptak, contesting the disapproval by the Army of his request for an honorable discharge as a conscientious objector. Ptak joined the Army ROTC program while an undergraduate at Texas A & M, and was commissioned a second lieutenant upon graduation in 1966. He went to Stanford t...
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OPINION This case is presently before the Court on the plaintiff’s motion to strike three affirmative defenses asserted in the defendants’ amended answer. The relevant background may be summarized as follows: The plaintiff, Ethel C. Deakyne (“Mrs. Deakyne”), is the record title owner in fee simple of a certain tract of land in the Town of Lewes, Sussex County, Delaware, generally located on the n...
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This is a civil action for refund of a 1967 gift tax in the amount of $282.80, plus assessed interest of $28.61, which plaintiff contends was erroneously and illegally assessed and collected by defendant. The case has been submitted for decision, based upon a stipulation between the parties, which sets forth the following agreed facts: Plaintiff, Rosalind F. Kaufman, is a resident of the City of L...
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OPINION AND ORDER OF THE COURT This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, to recover damages for personal injuries sustained by the plaintiff Kerri Lynn Elliott as the result of the negligent care, diagnosis and treatment of Kerri Lynn, then an 18 months old baby girl, by United States Navy medical personnel at the U. S. Naval Dispensary at Norfolk, Virg...
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MEMORANDUM OPINION Plaintiff, Citizens National Bank in Gastonia (Citizens Bank), and Intervenor, Carolina State Bank (Carolina State), seek by this action to have declared invalid the approval of William B. Camp, Comptroller of the Currency of the United States (Comptroller), of an application of the defendant, Wachovia Bank and Trust Company, N. A. (Wachovia), of Winston-Salem, North Carolina, ...
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MEMORANDUM OF DECISION This is a suit for refund of income taxes, the outcome of which depends on whether an IRS order that the taxpayer change his method of accounting for inventory was arbitrary. The taxpayer is a “pure” tool and die manufacturer, as distinguished from a precision manufacturer. The particular taxpayer, since its incorporation in 1956 (when it succeeded a partnershi...
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MEMORANDUM AND ORDER Before the Court is the petition of Henry David Hayes for a writ of habeas corpus. Relator was indicted by a Philadelphia County Grand Jury (No. 1291, December Sessions, 1968) on charges of burglary of an automobile, larceny, and receiving stolen goods. He was tried before the Honorable Herbert S. Levin, after waiver of a jury trial, on February 7, 1969, and was adjudged guilt...
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OPINION AND ORDER Steven Louis Shelly was indicted on April 16, 1970 for refusing to report for induction into the armed forces in violation of the Selective Service Act, 50 App. U.S.C. § 462. Defendant has filed three motions with this Court; we will dispose of them in the following order: (1) Motion to dismiss the indictment (2) Motion for a bill of particulars (3) Motion for discovery ...
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MEMORANDUM On June 21, 1971 sentence under the Federal Juvenile Delinquency Act, 18 U. S.C. § 5031 et seq. was imposed on these three defendants. Minor and Prater were committed until they become twenty-one years of age. Robinson was committed for five years. Counsel appointed for defendants has moved that sentence be corrected under F.R.Cr.P. 35. He points out that 18 U. S.C. § 5034 authorizes th...
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OPINION ON MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION TO DISMISS NATURE OF THE ACTION John Paul Schuster, who has been classified a conscientious objector by his local board, seeks a judicial review, prior to the time he is to report for civilian work, of the civilian work assignment made by the local board. Injunctive and declaratory relief are sought. Jurisdiction is asserted under 28 U.S...
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ORDER In compliance with the Fifth Circuit Court of Appeals’ remanding of this cause to the District Court with special instructions dated June 28,1971, 446 F.2d 57, this court has made a study of the court record and sets out the results hereinafter for the purpose of considering “whether the student assignment provisions of the plan [in effect] comply with the principles established in the recen...
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MEMORANDUM AND ORDER DENYING MOTION TO VACATE OR REDUCE SENTENCE (28 U.S.C. § 2255) Defendant was found guilty in a court trial following his plea of not guilty of concealment and transportation of marijuana after illegal importation in violation of 21 U.S.C. § 176a in Case No. 1421-Cr. Upon a finding that a prior conviction was true, Defendant was thereupon sentenced to the statutory minimum of t...
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MEMORANDUM OF DECISION This action involves a habeas corpus proceeding filed by petitioner, an inmate of the Mississippi State Penitentiary, Parchman, Mississippi: Petitioner is presently serving two consecutive sentences, one for seven (7) years imposed upon him by the Circuit Court of Grenada County, Mississippi on a burglary conviction, the other an eight (8) year sentence imposed upon him by t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was tried before the Court without a jury and pursuant to Rule 52 F.R.Civ.P. ; 1 this Court is undertaking herein to make the required findings of fact and conclusions of law. It must be noted, however, that this case is by no means an ordinary one. The technology of the art relative to the patent in suit is founded upon or...
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MEMORANDUM By notice of motion dated March 9, 1971, plaintiff moves pursuant to Fed. R.Civ.P. 15 to “amend” the within complaint by “substituting” two other persons as named plaintiffs. Alleging various prospectus misrepresentations and deficiencies in violation of the federal securities laws, plaintiff, on behalf of himself and all others similarly situated, seeks recovery of over $2,000,000 in ...
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MEMORANDUM It appears to this Court, after due consideration, that it is without jurisdiction to temporarily restrain the June 28, 1971 order of the Interstate Commerce Commission, which order vacated its prior order suspending increased tariffs of Penn Central for its lighterage service in the Port of New York. Clearly, the reasons for the vacating of the Commission’s prior order are exc...
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*355 ORDER Plaintiff seeks injunctive relief and an equitable accounting against the Defendants. Injunctive relief is sought for an alleged infringement of Plaintiff’s registered trademarks “Coca-Cola” and “Coke” and unfair competition by selling customers another product when Plaintiff’s product is specifically called for. The equitable accounting is based on the alleged infringement and unf...
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OPINION This two count action was brought on behalf of the United Mine Workers of America Welfare and Retirement Fund of 1950, to recover royalty payments alleged to be due and owing the Fund by the defendant, North Atlantic Coal Corporation. Underlying the action are two National Bituminous Coal Wage Agreements between the United Mine Workers of America and the defendant. Count I alleges that ...
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MEMORANDUM OPINION Tried to the Court, without a jury, were Civil Action Nos. 70-1699, 70-1744, 70-1880 and 70-2661. All four cases are analogous as the litigation centers around claims for damages predicated upon the shipment of fresh hams by a packing company, located in the Midwest, via the defendant’s railroad to the Philadelphia plant of plaintiff. It is undisputed that the hams arrived in a...
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ORDER This matter is before the court on the cross motions of the plaintiff and Aetna Insurance Company regarding the fourth defense pled in Aetna’s answer. Plaintiff has moved to strike the defense and Aetna for summary judgment upon it. For the purposes of this motion, the facts are these. J. W. Bateson, Inc. entered a contract with the United States for construction of military barracks. J. W....
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MEMORANDUM OPINION AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS Raymond Hamilton brings this habeas corpus petition pursuant to 28 U.S.C. § 2241 et seq., to secure his release from an allegedly unconstitutional confinement. On September 4 and 16, 1970, this court held an evidentiary hearing. The facts surrounding petitioner’s conviction, and the substance of the testimony at his two tr...
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MEMORANDUM OPINION AND ORDER Alleging discrimination because of race, plaintiff brought suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (1969) and Section 1 of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (1969), for declaratory and injunctive relief, and money damages, on behalf of himself and the class of Negro persons who are employed, have been emp...
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OPINION This matter is before the Court on defendant Fletcher’s motion seeking an order permitting defendant’s counsel and psychiatrist to attend a mental examination staff conference. The staff conference is to be conducted in the course of a mental examination which defendant is now undergoing at Saint Elizabeths Hospital. Reasoning by analogy to United States v. Wade, 388 U.S. 218, 87 S.Ct. 192...
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MEMORANDUM OPINION Plaintiff, a savings and loan association headquartered in Milwaukee, Wisconsin, brings this action for the entry of a preliminary injunction to restrain the defendant Federal Home Loan Bank Board (FHLBB) from approving the exact location of the branch of the Milwaukee Federal Savings and Loan Association, Milwaukee, Wisconsin, pursuant to . the Federal Home Loan Bank Board Res...
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MEMORANDUM OF DECISION These consolidated cases come before the Court on what may be treated as cross motions for summary judgment. The defendant moved to dismiss, supporting that motion with affidavits, Federal Rule of Civil Procedure 12(b), while plaintiffs moved for summary judgment. The Court has determined, with the concurrence of the parties, that the case can be advanced by a resol...
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MEMORANDUM This action is before the court on a petition for review of an order of the Referee in Bankruptcy entered on April 16, 1971, denying the petition of General Motors Acceptance Corporation for reclamation of a 1970 Rambler automobile purchased by the debtor, Carl Thomas Teegarden. The basic issues raised by the petition for review are whether a wage earner’s plan may be confirmed des...
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.MEMORANDUM The plaintiff, Aelrid J. Bartlett, brings this action under the provisions of 42 U.S.C. 405(g). On March 21, 1969, he filed an application for disability benefits alleging that he became unable to work on December 5, 1967, (later changed to December 1, 1967, at the request of the plaintiff (Tr-103)) because of “back ailment”. The application was denied initially and upon review. The...
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This is an action for the recovery of Internal Revenue taxes pursuant to 28 U.S.C. § 1346(a) (1). This action has been considerably expedited by the stipulation entered into by the parties. The operative facts are as follows. The plaintiff, Baltimore Aircoil Company, Inc. (Aircoil), is a Delaware corporation with its principal place of business in Howard County, Maryland; the defendant is ...
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329 F.Supp. 1067 (1971) In the Matter of Elijah DAVIS, Bankrupt. In the Matter of Catherine DAVIS, Bankrupt. Nos. 70467P, 70784B. United States District Court, E. D. Michigan, S. D. August 2, 1971. *1068 Stephen Shefman, Radner & Radner, P. C., Southfield, Mich., for petitioner. Alphonso F. Harper, Detroit, Mich., for respondents. OPINION KENNEDY, District Judge. The Michigan Bank, a credito...
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OPINION . This action was brought by the United States under the Medical Care Recovery Act1 to recover the value of medical services rendered to Jimmy Keys, a United States soldier injured while on leave. The complaint shows that Keys, employed by the defendant, was in the course of his employment when injured by the negligent act of his employer. The employer had elected to be bound2 *579by the W...
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ORDER Third-Party Defendant Redmond has filed a pleading entitled “Cross-Claim of Third-Party Defendants,” 1 in which he seeks to assert a claim against Plaintiff Grace. Independent federal jurisdictional facts under 28 U.S.C.A. § 1332 are pleaded. Plaintiff Grace has moved to dismiss Third-Party Defendant Redmond’s claim against him on the grounds that (1), no claim is stated on which relief may...
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*362 OPINION AND ORDER The defendant, Albert N. Dukow, and three codefendants were charged on March 7, 1968, in an indictment with four counts of violating 15 U.S.C. § 77q(a), securities fraud; four counts of violating 18 U.S.C. § 1341, mail fraud; 18 U.S.C. § 2(a), aiding and abetting; and one count of violating 18 U.S.C. § 371, conspiracy to commit the substantive offenses of s...
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OPINION In this proceeding for preliminary injunction, the immediate matter before the Court is a Motion to Dismiss. For present purposes, therefore, all facts well pleaded are accepted as true. Gardner v. Toilet Goods Ass’n, Inc., 387 U.S. 167, 87 S.Ct. 1526, 18 L.Ed.2d 704 (1966). Jurisdiction is premised on diversity of citizenship; additionally, violations of the Sherman Anti-Trust Act, 15 U....
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MEMORANDUM OPINION AND ORDER The indictment concerning which a Bill of Particulars is sought is a document consisting of 15 legal-size pages, plus several pages of exhibits. It is divided into 10 counts. Count No. I, the conspiracy count, charges that the eight named defendants, on or about January 1, 1970, the exact date being unknown to the Grand Jury, and continuing to on or about January 7, 19...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis, pursuant to the provisions of 28 U.S.C. § 2241. The petitioner is currently serving four consecutive two-year sentences pursuant to judgments entered by the Circuit Court of Halifax County, Virginia, on January 15, 1968 for four counts of breaking and entering. At his trial, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The following is statement of the ease as set out in the Pretrial Conference of July 13,1971 and contains facts material to the case that were agreed to by the parties. Some of the facts are reiterated in the Findings of Fact which follow this statement. On May 15, 1969, nine (9) packages of General Electric transformer radiators were delivered to the Gulf O...
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MEMORANDUM OPINION This is an action by the United States seeking nationwide condemnation of a gadget known as an E-meter and related writings, by libel of information under the Food, Drug & Cosmetic Act, 21 U.S.C. § 301 et seq. The E-meter is claimed to be a device within the meaning of the *359 Act. Misbranding and lack of adequate directions for use are alleged. Claimants a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter is before the court on the agreement of the parties that the Court shall determine the remaining issues between the parties. All issues have been resolved but for the question of whether Harbor Insurance Co. is responsible for certain costs of defense, including attorneys’ fees, incurred in defending certain State Court actions and the amount, if...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come on for trial without a jury and the Court being fully advised in the premises, after careful consideration of the evidence and testimony submitted at the time of trial, in addition to the records, files and memoranda submitted, now makes its Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT (1) This is a Civil Action...
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Plaintiff employer (the Company) seeks an injunction against defendants, IBEW Local Union 1644 (Local 1644) and its officers, restraining them and all those in active concert or participation with them from ordering, sanctioning, authorizing or participating . in a strike at its Baltimore plant (known as the Clifton Conduit Company Division). The Company also seeks an order (a) requiring the of...
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MEMORANDUM This case was tried to the Court without a jury. Plaintiff brings this action under 42 U.S.C. § 1983, alleging that defendants assaulted and beat him while he was in their custody. This Court has jurisdiction under 28 U.S.C. § 1343. This is a companion case tp the case of Oliver Lyons v. Parks, No. 70 C 62(1), decided by this Court on February 23, 1971, in a memorandum opinion. On Augus...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for a declaratory judgment brought by plaintiff, Bituminous Casualty Corporation, against defendants Aetna Insurance Company and Helen L. Kletzker in order to determine (1) whether Bituminous fire insurance policy #F773 468, covering the apartment dwelling located at 2281-83 Yale Avenue, Maplewood, Missouri had been effectively voided or c...
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OPINION Pursuant to the Federal Copyright Act, 17 U.S.C. § 101 et seq., plaintiffs seek injunctive and monetary relief from the alleged infringement of their copyrighted play, “Stalag 17”, by the TV series “Hogan’s Heroes” of which defendants are producers and sponsors. In addition, plaintiffs seek relief under the common law of copyright, reserved by 17 U.S.C. § 2, based upon the alleged...
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This is a diversity action for damage to person and property arising from an incident that occurred at approximately 2:45 p. m. on the 25th day of October 1967, at Milepost No. 54 of the Indiana E-W Toll Road. Plaintiff Delano Orsini was a passenger in a motor vehicle being operated in a general easterly direction of the Indiana E-W Toll Road by plaintiff John Orsini. As plaintiff John Orsini’s m...
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MEMORANDUM OPINION For many years, Taxpayer had followed the practice of capitalizing sales and use taxes it paid on equipment purchased by it as a part of the depreciable cost of the equipment. During the course of litigating a refund suit involving taxable years other than those in question here, it developed that this practice was erroneous because of the failure of the Taxpayer to file formal...
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FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER Presently before the court is plaintiff’s action for damages for personal injuries sustained in an automobile accident. After trial and due consideration in this matter, the court makes the following: FINDINGS OF FACT 1. The plaintiff is Kathleen E. Titus 1 who is a citizen of the Commonwealth of Pennsylvania. 2. The defendants are Howard T. Smith and...
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MEMORANDUM AND ORDER Petitioner, a prisoner in state custody, has filed a motion to vacate sentence, 28 U.S.C. § 2255, in which he attacks a federal conviction. As the sentencing Judge now sits on the United States Court of Appeals for the Fifth Circuit, the petition was assigned to the docket of this Court. It appearing that petitioner is indigent, leave to proceed in forma pauperis is granted, ...
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MEMORANDUM OPINION AND ORDER OF DISMISSAL Plaintiffs seek recovery for breach of warranty. Defendant has moved to dismiss, claiming the statute of limitations has run. About August 13, 1965, plaintiff Geraldine Burleson began taking Oracon birth control pills. She took the pills approximately six weeks, terminating their usage at the end of September. On May 31, 1966, eight mont...
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OPINION AND ORDER Defendant has been indicted and tried for willfully and knowingly refusing to report for induction into the armed services of the United States in violation of 50 U.S.C. App. § 462. The case was tried to this court without a jury on July 16,1971.. Before trial, defendant moved to dismiss the indictment and the court reserved a ruling on this motion. At the conclusion of the Gover...
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329 F. Supp. 554 (1971) Minerva RIVERA, individually and on behalf of her minor children and on behalf of all others similarly situated, Plaintiffs, v. Daniel DUNN, Director of Welfare, City of New Haven, and Henry C. White, Commissioner of Welfare, State of Connecticut, Defendants. Civ. No. 14517. United States District Court, D. Connecticut. July 29, 1971. David M. Lesser, William H. Clendenen,...
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ORDER On May 10, 1971, petitioners submitted their petitions for writs of habeas corpus attacking their convictions and detention as unlawful due to the unconstitutionality of the vagrancy ordinance under which they were arrested alleging it to be so vague, indefinite and over-broad as to constitute a denial of due process. The particular ordinance in question reads: “It shall be unl...
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MEMORANDUM OPINION This is a pro se action apparently brought against the Railroad Retirement Board 1 to review a decision of a referee of the Board’s Office of Hearings and Appeals, an intermediate appellate unit within the Board, who held that plaintiff was not entitled to a greater annuity under the Railroad Retirement Act, 45 U.S. C. §§ 228a-228z-l than that which he is currently receiving. Th...
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329 F.Supp. 936 (1971) Frank A. GARZA, for himself and, as a member and representative of the Class described in the Complaint, on behalf of all members of the Class described in the Complaint, Plaintiff, v. CHICAGO HEALTH CLUBS, INC., a corporation, et al., Defendants. No. 71 C 643. United States District Court, N. D. Illinois, E. D. July 29, 1971. *937 Albert Koretzky, Chicago, Ill., for plaint...
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OPINION The plaintiffs in this suit attack the constitutionality of the divorce laws of the State of Illinois. They contend that certain aspects of these laws are so vague *100on their face as to be unconstitutional and that other provisions, albeit fair on their face, are applied by the “public authority” with an unequal hand so as to violate the Equal Protection Clause of the Fourteenth Amendme...
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ORDER REMANDING CAUSE TO CIRCUIT COURT OF COLE COUNTY The “petition for writ of mandamus” herein was originally filed in the Circuit Court of Cole County. In it, petitioner stated that he enlisted in the Missouri National Guard on or about September 20, 1965; that respondent is the Adjutant General of the Missouri National Guard; that on or about March 8, 1971, he received a notice “that he had b...
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MEMORANDUM AND ORDER This puzzling case arises out of the crash of a privately owned and piloted aircraft in which the owner-pilot Emanuel Costas, died and three passengers, his daughter, Carol, and two additional passengers, both of whom apparently were pilots themselves, McCabe and Porzio, were injured. The present case is a sequel to the two lawsuits which followed upon the crash, both...
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329 F. Supp. 163 (1971) Charles LaROCCA, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. Civ. A. No. 105-68 Erie. United States District Court, W. D. Pennsylvania. July 29, 1971. *164 MacDonald, Illig, Jones & Britton, Erie, Pa., for plaintiff. Knox, Graham, Pearson & McLaughlin, Erie, Pa., for defendant. FINDINGS AND OPINION WEBER, District Judge. This is a dive...
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OPINION AND ORDER Presently before the court is a complaint which seeks injunctive and declaratory relief to prevent defendants from inducting the plaintiff into the armed forces. The plaintiff, Peter Blosenski, claims that his induction order is invalid because he never received his Notice of Classification (SSS Form 110), and was therefore not advised of his right to a personal appearance and to...
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329 F. Supp. 563 (1971) Joanne GLUS et al., Plaintiffs, v. The G. C. MURPHY COMPANY et al., Defendants. Civ. A. No. 71-264. United States District Court, W. D. Pennsylvania. July 29, 1971. *564 Rosenberg & Lubow, Pittsburgh, Pa., for plaintiffs. Griggs, Moreland, Blair & Anderson, Pittsburgh, Pa., for G. C. Murphy. Suto, Power, Balzarini & Walsh, Pittsburgh, Pa., for Unions. OPINION ...
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MEMORANDUM AND ORDER: The Three Judge District Court, Title 28, U.S.C.A., Sections 2281 et seq.; Jackson v. Choate, 5 Cir., 404 F.2d 910, 913, convened in this case on April 3, 1970, has by its order entered July 26, 1971, been dissolved in light of the United States Supreme Court decision of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (February 23, 1971) and related cases. By th...
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OPINION AND ORDER This action evolves out of a construction contract allegedly entered into between plaintiff and defendants. Plaintiff asserts diversity jurisdiction of this court under Title 28 U.S.C. § 1332, alleging that it is a Michigan corporation with its principal place of business and office in Michigan. Plaintiff further alleges $270,534.39 actual damages and $100,000 punitive damages. ...
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ORDER The attorneys for the Plaintiffs and Defendant appearing in open Court and having made known to the Court that by agreement and consent they respectfully request the Court to vacate its previous opinion, order, judgment and decree in this cause and upon consideration of this and the other representations made to the Court; it is, therefore, the Order, judgment and decree of this Court that i...
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The above-styled case was regularly set down for trial on March 5, 1971, and after hearing and considering the evidence and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Harry Grayson, the plaintiff, was a longshoreman employed by Cooper Stevedoring Company, Inc. He was injured aboard the SS ELDORADO on November 22, 19...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner was originally charged in Los Angeles County Superior Court by an Information with 3 counts. After a non-jury trial, he was found not guilty of Burglary (Penal Code § 459) on Count I, and guilty of Receiving Stolen Property (Penal Code § 496), on Counts II and III. Proceedings were suspended March 6, 1967, and he was granted probation, wh...
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*413MEMORANDUM OPINION AND ORDER This is an action brought pursuant to 42 U.S.C. § 2000e et seq., Title VII of the 1964 Civil Rights Act. The plaintiff was discharged by the defendant Gates Rubber Company (Gates), and filed a charge with the EEOC alleging racial discrimination as the reason for the discharge. The plaintiff was notified on December 10, 1970, that voluntary compliance had not been ...
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MEMORANDUM AND ORDER The defendant, Jerome T. Bland, is charged with armed robbery of a post office and related offenses, alleged to have occurred on February 8, 1971, at a time when he was sixteen years old. Defense counsel has moved to dismiss the indictment in this case for lack of jurisdiction over this sixteen-year-old defendant contending that the statutory basis for charging this defendant ...
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RULING ON MOTIONS OF DEFENDANTS UNITED STATES OF AMERICA AND UNITED ILLUMINATING COMPANY TO DISMISS THE COMPLAINT The plaintiffs, having filed a complaint in which they seek to recover $500,000,000 damages allegedly incurred as a result of the construction of a power generating station in the area where they had previously moored their boats; and Defendants United States of America a...
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This case is on remand from the Fifth Circuit, 443 F.2d 1174, with directions to require implementation of a pupil assignment plan in compliance with the principles of Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 91 S.Ct. 1267, 28 L.Ed.2d 554 (April 20, 1971). Specifically, it directs only two changes: (1) The provision for majority-to-minority transfer with transportation and spac...
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329 F. Supp. 144 (1971) John J. McDONOUGH v. William E. KELLY et al. Civ. A. No. 3105. United States District Court, D. New Hampshire. July 28, 1971. *145 Jack B. Middleton, McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., for plaintiff. J. Francis Roche, City Sol., Manchester, N. H., for defendants. OPINION BOWNES, District Judge. This action, brought pursuant to 28 U.S.C. § 1343,...
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OPINION Donald R. Chase brought this action relying on 42 U.S.C. § 1983 (1964) against the Fall Mountain Regional School District, and individually against the superintendent, assistant superintendent, and members of the School Board. Plaintiff alleges that the failure of the School District to renew his contract for the 1970-1971 school year is: (1) a denial of his constitutional rights ...
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OPINION As local residents, citizens, voters, and taxpayers dependent upon mass transportation facilities, plaintiffs seek a declaration pursuant to 28 U.S.C. § 2201 1 that a 1962 amendment to The Port of New York Authority Compact, 2 which restricts the power of the subject bi-state agency to devote its revenues to nonself-supporting rail facilities, is unconstituti...
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OPINION Plaintiff, Margot Newmark, a security holder in Frontier Airlines, Inc. (“Frontier”), instituted this action on behalf of Frontier under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) to recover short swing profits allegedly made by defendant RKO General, Inc. (“RKO”) at the time of the merger of Central Airlines, Inc. into Frontier. Plaintiff recovered a...
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In this action arising under the federal Civil Rights Law, 42 U.S.C. § 1983, plaintiff, Martin Sostre, seeks an order enjoining the supervisory personnel at Wallkill Correctional Facility, where Sostre is incarcerated pursuant to a 30 to 40-year sentence for a narcotics offense, from interfering with his receipt of literature which he has ordered through the mails. Sostre commenced the action in M...
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OPINION This is a motion for a preliminary injunction, pursuant to Fed.R.Civ.P. 65(a), on behalf of plaintiff Joseph A. Dussich and three corporations, each of which he owns and controls as sole stockholder. The complaint in the action sets forth various violations of the antitrust and patent laws by the defendants. Plaintiff and his'companies are in the business of installing waste compactors. T...
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ORDER Plaintiff seeks damages for personal injuries resulting from the alleged negligent injection of a hypodermic needle into his arm by the defendant, Gurganus, a nurse employed by the defendant, Johnston County Memorial Hospital. Plaintiff further alleges that the defendant, Johnston County Hospital, is an agency of the defendant, Johnston County. The other defendants are Trustees of s...
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OPINION AND ORDER Relator has petitioned the Court for a writ of habeas corpus. He was arrested on November 7, 1967 and charged in Bills of Indictment Nos. 2107 to 2115. On May 28, 1968 in the Court of Common Pleas of Montgomery County he pleaded guilty to all the Bills of Indictment except Bill No. 2110 to which he entered a plea of not guilty. He was sentenced to a term of 4% to 12 years in pris...
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MEMORANDUM OPINION The movant, in custody under the sentence of this Court in United States of America, plaintiff, v. Robert Darst Smith, defendant, criminal action no. 7107, this district and division, claims the right to be released on the ground, inter alia, that such sentence is subject to collateral attack, 28 U.S.C. § 2255, in that his plea of guilty to the indictment therein was not volunta...
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OPINION AND ORDER The issue posed by defendants’ and intervenor’s motion for summary judgment is whether the proposed merger of the Catamount National Bank (Catamount) and the County National Bank (County National) both of Bennington County, Vermont, considered solely from an antitrust viewpoint, violates the Clayton Act standard (15 U.S.C. § 18) embodied in the Bank Merger Act of 1966. (...
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OPINION AND ORDER Plaintiffs in these two actions are operators and employees of two Racine, Wisconsin, taverns and are engaged in, among other things, the exhibition of nude and semi-nude dancing. Defendants in McCue are City of Racine officials and the City of Racine; defendants in Ruetz are City of Racine officials, the District Attorney, and the County Judge of Racine County (the latter...
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*811 DECISION and ORDER The defendant has moved to dismiss the complaint for want of jurisdiction and, alternatively, to obtain a change of venue. The complaint seeks damages of approximately $14,000 based on the defendant’s alleged failure to pay for materials which it had ordered from the plaintiff. The defendant urges that the court is without jurisdiction on the ground that the defendan...
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DECISION and ORDER Mr. Lowe has petitioned for a writ of habeas corpus, alleging that his probation was terminated after a hearing held on June 1, 1971, at which hearing his attorney was not allowed to participate. The respondent’s return does not specifically deny the allegation of the petition in which it is averred that Mr. Lowe’s attorney “was refused standing or presence at that hearing.” The...
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MEMORANDUM OPINION The case is before the Court on stipulated facts, and the parties have agreed that the Court shall “decide this litigation on the basis of the facts enumerated in this stipulation without other testimony or documentary exhibits.” Accordingly, the Court incorporates by reference and finds all of the stipulated facts. In summary terms, the stipulation recites that defendant is en...
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Plaintiff (corporate-taxpayer) brings this action pursuant to 28 U.S.C.A. § 1346(a) (1), for a refund of income taxes paid, claiming that the Commissioner erroneously determined that property transferred to plaintiff by its incorporators-sole stockholders constituted a contribution to capital rather than a sale. The controlling facts are undisputed. On March 2, 1964, Mr. Country Johnston p...
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OPINION Plaintiffs have filed a civil rights action, pursuant to 42 U.S.C. § 1983, on behalf of themselves and others similarly situated, Fed.R.Civ.P. 23(b) (2), seeking injunctive relief, damages, and a declaratory judgment, pursuant to 28 U.S. C. § 2201. Jurisdiction is invoked under 28 U.S.C. §§ 1331, 1340, 1343(3), and a three-judge district court has been convened, pursuant to 28 U.S.C. § ...
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MEMORANDUM OPINION AND ORDER The petitioner, Eddie White, Sr., was tried and convicted of first degree murder in a one-day trial on June 13, 1961, before Judge Joseph L. Carter, sitting without a jury in the Criminal Court of Baltimore City. He was sentenced to life imprisonment in the Maryland Penitentiary. No motion for a new trial was entered and no appeal was taken from this conviction and ...
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MEMORANDUM OPINION This action is before the court on motion to dismiss filed by defendant, Dr. *344 Roy F. Harmon, asserting lack of jurisdiction over the person of said defendant. Rule 12(b) (2) Fed.R.Civ.P. The incident giving rise to this litigation occurred on or about May 7, 1968, in Houston, Chickasaw County, Mississippi at a time when Dr. Harmon was a resident and citizen of said co...
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ORDER This is an action filed pursuant to 42 U.S.C. § 405(g) of the Social Security *1364Act, wherein plaintiff seeks judicial review of the decision of the Secretary of Health, Education and Welfare denying her application, filed on August 8, 1968, for disability insurance benefits under 42 U.S.C. §§ 416(i) and 423. Both parties have moved for summary judgment, have waived oral argument and have ...
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MEMORANDUM AND ORDER Before the Court is the request of Robert Benjamin Brown for a writ of habeas corpus. Relator entered a plea of guilty on a charge of larceny of an automobile, No. 179 May Sessions 1957 in Philadelphia County. He was committed to Camp Hill on an indeterminate sentence In May Sessions 1960 in Philadelphia County, relator was indicted on several different charges: aggravated rob...
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OPINION AND ORDER Defendant has moved to dismiss plaintiff’s cause of action brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983 et seq. Plaintiff seeks to enjoin the Commonwealth and its agents from acting pursuant to the provisions of the Pennsylvania Uniform Firearms Act, 18 P.S. § 4628, which he alleges are violative of the Second Amendment of the United States Constitution. Plaintiff c...
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329 F.Supp. 860 (1971) The RHODE ISLAND FAIR WELFARE RIGHTS ORGANIZATION et al., Plaintiffs, v. The DEPARTMENT OF SOCIAL AND REHABILITATIVE SERVICES et al., Defendants. Civ. A. No. 4567. United States District Court, D. Rhode Island. July 27, 1971. *861 Cary J. Coen, John M. Roney, R. I. Legal Services, Inc., Providence, R. I., Adele M. Blong, Steven J. Cole, Center on Social Welfare Policy and L...
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MEMORANDUM OPINION In this cause of action Plaintiff seeks to recover proceeds under a life insurance policy which the Metropolitan Life Insurance Company issued to the United States Civil Service Commission pursuant to federal statute.1 The Court has jurisdiction of both the parties and subject matter involved by reason of the fact that complete diversity of citizenship exists, and the amount in ...
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MEMORANDUM AND ORDER The seeds of this lawsuit were sown in 1956, when two groups of cotenants, each owning an undivided one-half interest *581in a single tract of land, made differing and partially inconsistent pipeline right-of-way grants or easements to the same third party. The courts of the State of Texas have not been confronted with this exact situation and therefore have not passed upon t...
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DECISION and ORDER The defendant has moved for dismissal ; alternatively, it seeks an order staying the proceedings. Several of the issues discussed by counsel in their briefs were considered by this court in a written decision denying the plaintiff’s motion for a temporary restraining order. Since the contents of that decision, dated June 8, 1971, 327 F.Supp. 990, are germane to the present motio...
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DECISION ON DEFENDANTS’ MOTION FOR A JURY TRIAL The defendants have moved for a trial by jury in these two actions brought by two inmates of the Wisconsin State Prison against certain employees of the prison for redress of certain alleged violations of their civil rights. Plaintiffs originally named John C. Burke, Harvey Winans, and Edward Shaw as defendants. None of the parties within ten days of...
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MEMORANDUM OPINION AND ORDER DENYING MOTION FOR NEW TRIAL Plaintiffs were the driver, passengers, and representatives of deceased passengers, who were injured or killed in an automobile accident. There was evidence for the Plaintiffs which tended to show that, though the car was but a few weeks old, the steering gear on the car was defective because of sand therein and that the accident was the pr...
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*51 MEMORANDUM OF DECISION This is an action for alleged libel brought by plaintiffs, Kirby Hensley and Universal Life Church, Inc., against defendants Time, Inc., its president and its managing editor and one of its reporters, Bill Bruns. The case is now before the court on motions for summary judgment by both plaintiffs and defendants. The action arises out of an article entitled “Prais...
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MEMORANDUM OPINION AND ORDER Plaintiff commenced this action under 5 U.S.C. §§ 701-706 (1967) for judicial review of a final determination of the United States Civil Service Commission Board of Appeals and Review upholding his removal by the Federal Aviation Administration. On the basis of the undisputed facts in the record, both sides have moved for summary judgment. Plaintiff is a ...
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MEMORANDUM OPINION AND ORDER This matter came on for hearing on plaintiff’s motion for a preliminary injunction and defendants’ motion to dismiss for want of subject-matter jurisdiction. The complaint sought declaratory and injunctive relief premised upon the asserted unconstitutionality under Fifth Amendment due process of 40 D.C. Code § 437 (1967 ed.), which is part of the Motor Safety Respon...
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MEMORANDUM OPINION AND ORDER The defendant, William H. Robinson (“Robinson”), pursuant to Rule 33, F. R.Crim.P., has filed a motion for a new trial on the ground of newly discovered evidence. Robinson1 was convicted in this Court on May 8, 1969 after a three-week jury trial on all counts of a four-count indictment which charged him with (1) assault, or aiding and abetting an assault, with a danger...
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MEMORANDUM AND ORDERS SUR POST-TRIAL MOTIONS Upon a verdict in favor of plaintiff Steven J. Beverly, defendants E. C. Williams and William H. Morris have filed their timely motions. Defendant Morris moves the Court to set aside the verdict of the jury, and the judgment entered thereon, and for the grant of a new trial. The Court cannot grant defendants' motion. The evidence presented by the plain...
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329 F. Supp. 787 (1971) Claude E. HENSLEY, Individually, a citizen, voter, resident and taxpayer of Kenton County, Ky., et al., Plaintiffs, v. Albert T. WOOD, Kenton County Clerk, Commonwealth of Kentucky, Defendants, Legislative Research Commission of the Commonwealth of Kentucky, Intervening Defendant. No. 1581. United States District Court, E. D. Kentucky, Covington Division. July 26, 1971. *7...
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JUDGMENT REMANDING AWARDS TO THE SPECIAL BOARD OF ADJUSTMENT NO. 570 These are actions to enforce awards of the Special Board of Adjustment No. 570 issued pursuant to the provisions of the Railway Labor Act, Section 151 et seq., Title 45, United States Code. Civil Action No. 19374-3 has recently been transferred to this division after having been originally filed in Division 1 of this District. I...
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OPINION AND ORDER Relator has filed a petition for a writ of habeas corpus attacking his 1969 conviction for larceny of auto, aggravated assault and battery, and fornication. He is now serving the first of two consecutive one and one-half to three year sentences. In the instant petition, relator raises the same issues which were the basis of his direct appeal in the state courts: (a) there was ins...
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OPINION AND ORDER Relator has filed in this Court a petition for a writ of habeas corpus. In 1961, relator pleaded guilty to two bills charging burglary, larceny and receiving stolen goods, and was sentenced to consecutive one to five year prison terms. Since 1962, relator was returned to prison twice as a parole violator, and is now on parole for a third time. Relator contends that his plea of gu...
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OPINION AND ORDER The relator, James Broadnax, has filed with this Court a petition for writ of habeas corpus. On May 10, 1957 relator pleaded guilty to Bill Nos. 230-235 involving several armed robberies, and was sentenced to serve a term of not less than seven and a half years nor more than twenty years. Although no other post trial motions or direct appeal were filed, relator’s attorney moved f...
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MEMORANDUM AND ORDER Relator has filed a petition for writ of habeas corpus raising the same issues which he had presented in a petition pursuant to Pennsylvania’s Post-Conviction Hearing Act, 19 P.S. § 1180-1 et seq: (1) That the arresting officer did not have probable cause to arrest; (2) That, because the arrest was invalid, the evidence that was seized incident to it should have been suppresse...
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329 F.Supp. 845 (1971) Charles F. ECKERT v. CITY OF PHILADELPHIA. Civ. A. No. 70-2825. United States District Court, E. D. Pennsylvania. July 26, 1971. Charles F. Eckert, pro se. John Mattioni, Asst. City Solicitor, for defendant. MEMORANDUM AND ORDER MASTERSON, District Judge. Plaintiff has petitioned that this Court enjoin the City of Philadelphia from continuing to enforce various sections of...
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MEMORANDUM AND ORDER This is an action brought by a former employee of defendant United Aircraft Corporation seeking various forms of relief under Section 301 of the Labor Management Relations Act of 1947, 29 *736U.S.C.A. § 185. Plaintiff claims that she was subjected to hostile discrimination by supervisory employees during her employment by defendant which resulted in her “constructive discharg...
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329 F. Supp. 1118 (1971) UNITED STATES of America v. PENNSYLVANIA INDUSTRIAL CHEMICAL CORPORATION, a Corporation. Crim. No. 71-75. United States District Court, W. D. Pennsylvania. July 26, 1971. *1119 Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for plaintiff. Harold Gondelman, Pittsburgh, Pa., for defendant. MEMORANDUM OPINION TEITELBAUM, District Judge. The defendant, Pennsylvania Ind...
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ORDER Petitioner, presently a member of the United States Army, and stationed at Fort Jackson, S. C., claims, in his petition for a writ of habeas corpus, that a cut achilles tendon on the right leg disables him for duty. He asserts he should be discharged. Respondents have answered, now seek decision of this court on a motion for summary judgment. The medical records of the United States Army Hos...
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OPINION This case is presently before the Court for settlement upon a plan that will accomplish full and final desegregation of the Chattanooga, Tennessee public schools in accordance with recent deci*1377sions of the United States Supreme Court and of the United States Court of Appeals for this Circuit. The case has a lengthy history. A recitation of that history is set forth in an opinion of thi...
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DECISION and ORDER This decision will consider various pretrial motions of the defendants. Mr. Magro has moved for severance and a separate trial. Mr. Mills has moved for a bill of particulars, a disclosure of wiretap recordings, a disclosure of “inducements, promises and payments” made to a prospective government witness, a disclosure of the record of convictions of any witnesses who testified be...
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MEMORANDUM OPINION The Hulbert-West Memphis School District No. 4 of Crittenden County, Arkansas, comprises about 105 square miles of that county, including West Memphis, a city having a population of some 25,000. The area outside West Memphis but within the district has characteristics varying from rural to semi-suburban. This litigation was initiated in 1965 in an effort to disestablish the dual...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, in Folsom Prison, was charged in Los Angeles County Superior Court with violation of Penal Code, § 187 (Murder). He originally pleaded not guilty, and was subsequently examined by 3 psychiatrists. On the day set for trial, he withdrew his plea and entered a plea of guilty to murder in the second degree. No appeal was taken, but he filed ...
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MEMORANDUM AND ORDER After a verdict of $273,020.00 for plaintiff in a personal injury suit, defendant, Penn Central Company, moves the court to grant a new trial or in the alternative to order a substantial remittitur. Defendant alleges four grounds in support of this motion: (1) the jury flagrantly disregarded the court’s instructions; (2) The verdict is against the weight of the evidence; (3) T...
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*760MEMORANDUM AND ORDER This matter comes before the Court upon defendant’s motion for new trial. [Filing # 64]. Defendant was charged with violating Int.Rev.Code of 1954, § 7201 which provides : “Attempt to Evade or Defeat Tax. Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided b...
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MEMORANDUM OPINION The defendant is charged with knowingly making a false statement with respect to a material fact as to the lawfulness of the sale of a firearm to him which was intended or likely to deceive the firearm dealer in violation of 18 U. S.C. § 922(a) (6) (National Gun Control Act). 18 U.S.C. § 922(a) (6) provides in pertinent part: § 922. Unlawful acts (a) It shall be unlawful— * * * ...
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OPINION . These two actions, consolidated for purposes of trial, were tried before me without a jury. Both concern an inventory of Caterpillar tractor parts purchased from the Sierra Leone Development Company, Ltd. (SLDC), a British corporation, consigned aboard the S. S. Pegu to Groban Supply Company (Groban), an Illinois partnership, 1 at the Port of New York. One of the...
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MEMORANDUM AND ORDER On August 2, 1968, following the decisions of the Supreme Court in Green v. County School Board of New Kent County, 391 U.S. 430, 88 S.Ct. 1689, 20 20 L.Ed.2d 716 (1968); Monroe v. Board of Commissioners, 391 U.S. 450, 88 S.Ct. 1700, 20 L.Ed.2d 733 (1968), and Raney v. Board of Education, 391 U.S. 443, 88 S.Ct. 1697, 20 L.Ed.2d 727 (1968), this court found that the New Hano...
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MEMORANDUM AND ORDER Plaintiffs, P. H. Welder and Katie Welder, are husband and wife and, since 1957, have resided on their Green Lake Ranch in Calhoun County, Texas. They are cash basis taxpayers. Joint federal income tax returns for each of the years 1958 through 1964 were timely filed by the taxpayers, and any tax shown to be due was timely paid each year. In 1965, a government audit of the ta...
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OPINION and JUDGMENT This action involves the plaintiff’s effort to set aside the defendant’s denial of Social Security benefits. On June 10, 1969, the claimant filed an application for disability insurance benefits pursuant to Sections 216 (i) and 223(a) of the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423(a). This claim was denied on August 1, 1969 by the Bureau of Disability Insurance, and...
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MEMORANDUM OPINION Plaintiffs, former employees of the Macon County, Alabama Board of Education, proceeding under 42 U.S.C.A. § 1983, charge that their employment was wrongfully terminated in violation of their constitutional rights under the Ninth and Fourteenth Amendments to the United States Constitution, and seek reinstatement to their former positions of employment and compensatory and pun...
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MEMORANDUM OPINION Defendant was charged in a two count indictment. Count I charged a sale of heroin in violation of 26 U.S.C. §§ 4705 (a) and 7237. A jury convicted him of this offense. Count II of the indictment charged: “That on or about January 27, 1971, in the vicinity of Denver, State and District of Colorado, DALE EDWARD SUDDUTH willfully and knowingly carried a firearm unlawfully during th...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO COUNT ONE This is a suit in two counts under 28 U.S.C.A. § 1346(a) (1) to recover income taxes and interest. Defendant’s motion for summary judgment (and this memorandum) relates only to Count One. Under Count One the problem which must be considered and resolved is whether the Commissioner of Internal Revenue properly determine...
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ORDER On June 11, 1971, 327 F.Supp. 905, this Court entered an Order dismissing the third-party defendant, Drasco, Inc., on jurisdictional grounds. On June 21, the defendant filed a motion for reconsideration of that order. Since that time, the Court has held a hearing and the parties have thoroughly briefed and re-briefed the issue of jurisdiction of the third-party defendant. The parties have ca...
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The target of Supreme Court and Fifth Circuit cases from Brown I to the present has been the dual system. Jefferson Davis Parish has uprooted that system “root and branch”. Concededly the system is unitary.1 There has been no abandonment, no fragmentation. The case was remanded on June 28, 1971, 5 Cir., 446 F.2d 266: “ * * * with directions for the district court to promptly conduct hearings, and ...
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Plaintiff, a resident of Virginia, was a passenger in an automobile driven by Bennie Chavis, which was struck by a vehicle operated by Karl Wells, on the Baltimore-Washington Parkway, in Prince George’s County, Maryland, on May 5, 1968. Plaintiff alleges in her complaint that as a result of the accident caused by Wells, a resident of Maryland, she has suffered extensive injuries and thereby claims...
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This action was originally instituted as an action for injunctive relief under Title 42 U.S.C. Section 1983 and Title 28 U.S.C. Section 1343(3) and (4). Pursuant to Title 28 U.S.C. Sections 2281 and 2284 a three judge-court was convened. Plaintiff Mogk attempted to register as a candidate for the City of Detroit Charter Commission but was rejected by the defendant Edwards, City Clerk of the Cit...
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329 F.Supp. 630 (1971) UNITED STATES of America, Plaintiff, v. John R. FISHER, Defendant. No. 4-71 Cr. 45. United States District Court, D. Minnesota, Fourth Division. July 22, 1971. *631 Robert G. Renner, U. S. Atty., by Thorwald H. Anderson, Asst. U. S. Atty., for plaintiff. Katz, Taube, Lange & Frommelt, by Steven Z. Lange, Minneapolis, Minn., for defendant. NEVILLE, District Judge. On thi...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS ' This is an action in which plaintiffs seek damages for an alleged “taking” of property and of their rights to “ingress *40and egress to Route 152” from Beaman Drive, on a plot of ground owned and developed by the plaintiffs. Jurisdiction of this Court is invoked on the theory that there is a “federal question” involved in this litigation so that feder...
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OPINION This case adds another chapter to the continuing saga of Suez Canal closings and resultant litigations. Plaintiff, American Trading and Production Corporation (“owner”), sues for extra monies expended by Cape of Good Hope passage after closure of the canal in June, 1967. Defendant charterer, Shell International Marine, Limited (“Shell”) denies liability for such extra charges and ...
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MEMORANDUM OPINION and ORDER This cause is now before the court on a Motion to Dismiss filed by Defendants pursuant to Rule 12(b) of the Federal Rules of Civil Procedure in a civil rights action brought by Plaintiff under Title 42, United States Code, Section 1983. Plaintiff, Robert Lai, until the Spring Quarter, 1970, was a full-time student at East Carolina University, enrolled in an education d...
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*338OPINION Plaintiff’s Complaint alleges his improper removal from office in a Local Union affiliate of defendant International Union and asserts jurisdiction under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 411 et seq.). Defendants have moved for summary judgment as a matter of law on the grounds that the allegations of Plaintiff’s Complaint show that he has no sta...
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*491MEMORANDUM OPINION AND ORDER This is a diversity action for wrongful death. 28 U.S.C. § 1332(a) (1), (e). It is stipulated that at all pertinent times the plaintiff Mr. Lamar, Jr.* was the duly qualified and acting administrator of the estate of his decedent Minnie Lamar. The defendants have interposed a motion to dismiss the action, on the ground that the plaintiff lacks the legal capacity to...
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MEMORANDUM AND ORDER This is a cargo claim asserted by a shipper to recover from a carrier for alleged rusting and bending damage to a transatlantic shipment of steel beams. The cause was tried as to liability on June 10, 1971, and the Court now enters its findings of fact and conclusions of law, Rule 52, Fed.R.Civ.P., which supersede in all respects its previous oral ruling. Findings of Fact (1...
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OPINION and JUDGMENT This action involves the plaintiff’s effort to set aside the defendant’s denial of Social Security benefits. The claimant applied initially for a period of disability and for disability insurance benefits on August 15, 1967. His claim was denied by letter dated December 13, 1967. Subsequently the claimant filed a second application to establish a period of disability and for d...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Elmer Dorris Abbott, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241. Petitioner is currently serving a ten year sentence pursuant to a judgment of the Hustings Court of the City of Roanoke imposed on July 13, 1964 for malicious wounding with intent to maim...
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MEMORANDUM OPINION Plaintiffs sue the government for wrongful deaths of their respective in-testates who were killed in a helicopter crash. Plaintiffs’ intestates were passengers on a military aircraft piloted by one Goss, an Army Reserve pilot who had no authority to take aboard civilian passengers, at the time of the accident resulting in the death of all three. A log entry was introduced in ev...
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329 F. Supp. 367 (1971) Georgia I. RHOADS, Plaintiff, v. SERVICE MACHINE COMPANY, Inc., Defendant. No. B-70-C-9. United States District Court, E. D. Arkansas, N. D. July 21, 1971. *368 *369 John T. Lavey, of Walker, Kaplan, Lavey & Mays, Little Rock, Ark., for plaintiff. Jeff Davis, Jr., of Teague, Bramhall, Davis & Plegge, Little Rock, Ark., for defendant. Memorandum Opinion HENLEY, Chi...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS On March 28, 1966, Petitioner was sentenced to an indeterminate term under the Youth Corrections Act by the United States District Court for the District of Idaho. He was committed on April 5, 1966, to the Federal Correctional Institution at Lompoc, California. On or about July 23, 1968, Petitioner was granted parole by order of the Y...
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*1303 ORDER OF TRANSFER UNDER 28 U.S.C. § 1408(a). Plaintiffs herein ask this Court to compel the Secretary of Agriculture to consider the relationship of certain forms of environmental pollution to the federal farm subsidy program. They cite the National Environmental Protection Act, 42 U.S.C. §§ 4321-27, and the Federal Water Quality Improvement Act of 1970, 33 U.S.C. § 1151 et seq. These a...
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RULING ON DEFENDANTS’ MOTION TO DISMISS The defendants, having moved to dismiss the indictment charging them in *713 15 counts with mailing obscene books and advertisements in violation of 18 U.S.C. § 1461; and The Court having heard the arguments of counsel, having considered all the moving papers, briefs and exhibits; and The Court being of the opinion that the motion should be denied f...
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MEMORANDUM OPINION AND ORDER The defendant, Robert Ford Hamilton (“Hamilton”), stands indicted in this *1220Court for having had in his possession on March 13, 1971 a sawed-off shotgun 1 which had not been registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S. C. § 5861(d). Hamilton has moved, pursuant to Rule 41(e), F.R.Crim.P., to suppress the use of...
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OPINION AND FINAL JUDGMENT Plaintiff, a resident and citizen of Nassau County, Florida, seeks assess *310 ment of fines against defendant, a sulfite manufacturer, who allegedly discharges refuse into the Amelia River in that county. Plaintiff bases his claim for relief upon 33 U.S.C. §§ 407 and 411, and purports to sue both for himself and on behalf of the United States of America through a ...
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MEMORANDUM OPINION On February 8, 1971, the jury returned a verdict in this cause in favor of plaintiff, Federal Savings and Loan Insurance Corporation (“FSLIC”), and against various defendants. Under Count I, defendants Vernon V. Sherman, Jerome S. Morris and Joseph W. Nowak were found liable in the sum of $150,000 for fraud in the so-called Riverwoods transaction; defendant Quinn Hogan ...
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MEMORANDUM OPINION AND ORDER In June of 1969 the plaintiffs sued ■the governing authority of St. Tammany Parish to force reapportionment based on the “one man, one vote” principle. In July of that year the plaintiffs and defendants entered into a consent judgment which, although not reapportioning *254 the members, put into effect a weighted vote system based on the 1960 census. In May of 1...
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MEMORANDUM-DECISION and ORDER This foreclosure action is of ancient vintage. The complaint was filed in the Clerk’s office September 20, 1960, when the late Theodore F. Bowes was United States Attorney for the District. The mortgage was on a large apartment complex, Dunn Garden Apartments in Troy, New York. The mortgage and note were executed August 9, 1950. The original amount of the mort...
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In this action alleging violation of Section 10(b) of the Securities Exchange Act of 1934, plaintiff moves under Rules 15 and 21, F.R.Civ.P., to add new parties defendant and to amend the complaint to reflect the addition of such parties and other incidental matters, such as a substitution of attorneys. The suit was filed April 30, 1969. It charges misrepresentation by defendants as to the...
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MEMORANDUM OPINION AND ORDER Petitioner seeks a writ of habeas corpus. Convicted on May 8, 1969 of aggravated robbery by Honorable G. Fred DiBona, Judge, Court of Common Pleas, Criminal Division, Philadelphia County, Pennsylvania, on a waiver of a jury trial, he was sentenced to serve a minimum of two and a maximum of ten years in prison. Petitioner filed appeal to the Pennsylvania Superior Court...
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MEMORANDUM AND ORDER Safeguard Mutual Insurance Co. and C. M. Clark Insurance Agency, Inc., have brought separate actions under the Civil Rights Act, 42 U.S.C1A. § 1983 et seq., against the same above-named defendants. These separate actions are but two of several cases involving the plaintiffs and the Insurance Department of Pennsylvania. Presently before the Court are motions to dismiss the Civi...
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MEMORANDUM AND ORDER Petitioner, an enlisted member of the United States Coast Guard, has filed a *385petition for the writ of habeas corpus wherein he moves this Court to cause a pending court martial proceeding against him to be terminated and to cause him to be discharged from the service. Petitioner asserts that he was scheduled to be released from duty on July 9, 1971. However, shortly prior ...
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OPINION and JUDGMENT On April 20, 1971, the Supreme Court handed down its long-awaited decisions in Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971), and Davis v. Board of School Commissioners of Mobile County, 402 U.S. 33, 91 S.Ct. 1289, 28 L.Ed.2d 577 (1971). On the basis of these decisions the United States Court of Appeals for the Fourth Ci...
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The above-styled case was regularly set down for trial on June 4, 1971, and after hearing and considering the evidence and arguments of counsel, the *66 Court makes the following Findings of Facts and Conclusions of Law: FINDINGS OF FACT 1. This is an in rem proceeding against the Motorsailer, CHANDRA, and in personam against her owner, Larry Smith, ...
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ORDER This cause is submitted upon motions to dismiss by the two individual Defendants, motion to substitute Mrs. Patsey W. Blankenship, as the duly appointed administratrix of the Estate of James R. Blankenship, deceased, for an administrator ad litem appointed by the Court, and the motion of the Defendant, Patsey W. Blankenship, that the Court enter an order directing the Clerk to pay over to h...
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MEMORANDUM OF DECISION In this action the plaintiffs seek to recover money damages from the United States and certain of its officers and agents in the Armed Forces for the death of their son in Vietnam. The complaint alleges that the plaintiffs’ decedent, Russell J. Rotko, Jr., enlisted in the Marines on March 14, 1967. In February of 1968 he was wounded in Vietnam, transferred to Japan for ...
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OPINION The indictment in this action charged Charles Patrick Carney in four counts. Counts I and II alleged that he caused two forged and falsely made checks to be transported in interstate commerce in violation of 18 U.S.C. § 2314. Count III alleged that Carney received and concealed a stolen automobile which was moving as interstate commerce in violation of 18 U.S.C. § 2313. Count VI charged th...
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OPINION Plaintiff in this case is the State of Florida, Department of Citrus. The defendant, Real Juices, Inc., is a corporation organized under the laws of the State of Florida and the defendant, John C. Youngblood, is the president of the defendant, Real Juices, Inc., and is a resident of Florida. Under the Lanham Trademark Act (15 U.S.C. § 1125 et seq.) plaintiff seeks to enjoin defendants’ us...
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*1151MEMORANDUM OPINION AND ORDER The facts giving rise to this cause are as follows. On August 12, 1970, there was filed with the Recorder of Deeds of DeKalb County, Illinois, a notice of federal tax lien as to all property belonging to plaintiff Dennis Starr, reciting an unpaid assessment of $15,300. This assessment arises under 26 U.S.C. Section 4741 as an excise tax on a marihuana transfer. O...
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ORDER The defendants have moved for reconsideration of the Court’s order of June 11, 1969, denying their motion to dismiss the complaint herein and for summary judgment in their behalf. Subsequent to the order denying defendants’ motion, there were filed with this Court excerpts of published material issued by the Church of Scientology, one of the plaintiffs herein, and its founder, L. Ron Hubbard...
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MEMORANDUM AND ORDER This matter is before the Court upon defendant’s motion (filing #7) under Rule 30 of the Federal Rules of Civil Procedure to take a deposition of the plaintiff by stenographic and photographic (video tape) means. Defendant has previously taken plaintiff’s deposition by stenographic means. The accident from which this action arose occurred in the blacksmith shop of the defenda...
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329 F. Supp. 765 (1971) UNITED LIFE AND ACCIDENT INSURANCE CO. v. UNITED STATES of America. Civ. A. Nos. 3007, 3236. United States District Court, D. New Hampshire. July 20, 1971. Robert H. Reno, Orr & Reno, Concord, N. H., for plaintiff. *766 David A. Brock, U. S. Atty., Concord, N. H., Herbert Grossman, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant. OPINION BOWN...
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On August 21, 1970, seven-count indictment number 70 Cr. 677 was filed in this District Court, charging the above-named residents of the Republic of the Philippines with violations of 21 U.S.C. *297 §§ 173,174. The indictment was ordered sealed, and bench warrants were issued. On or about October 28, 1970, a complaint for the provisional arrest of defendant Benito Lee was duly...
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On May 7, 1971, the court granted defendant’s motion to remand the above-captioned action to the State Supreme Court, Nassau County, in open court, whereupon the Government moved for reargument. After due consideration, the court adheres to its original decision for the reasons set forth below. 1 This is an action for damages arising out of an alleged defamation of character, which...
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This is a condemnation proceeding originally commenced by the City of New York [“City”] in the New York State Supreme Court, Kings County, and subsequently removed to this court by the United States. The City moves for an order remanding the proceeding to the State Supreme Court, upon the grounds that (1) the petition for removal was not timely filed; (2) insufficient papers have been subm...
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This interpleader action was instituted by The Prudential Insurance Company of America under 28 U.S.C., §§ 1335 and 1397. The controversy involves proceeds paid into court from a life insurance policy issued by Prudential on the life of a serviceman, Richard Thomas Warner, which policy was issued pursuant to 38 U.S.C., subchapter III, §§ 765 et seq., entitled Servicemen’s Group Life Insurance. Pri...
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OPINION AND ORDER Defendants have moved for the dissolution of the temporary restraining order entered herein on December 4, 1970. That order prohibited plaintiff’s induction into the Armed Services, and was based entirely on a judgment entered in Gregory v. Hershey, 51 F.R.D. 188 (E.D.Mich., Feb. 27, 1970). For the opinion which underlay this judgment and order, see Gregory v. Hershey, 311 F.Supp...
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OPINION AND ORDER Plaintiffs, representing classes of students, residents, taxpayers, parents and others concerned, have brought this action under Section 1983 of Title 42 U.S. C. for the avowed purpose of remedying the deprivation of rights guaranteed by the Fourteenth Amendment to the Constitution of the United States and Title Six of the Civil Rights Act of 1964. It is their basic complaint tha...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW After consideration of the entire record herein, the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The plaintiff, International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America, Local Union No. 542, hereinafter “the Union,” is a labor organization as defined in Section 2(5) ...
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OPINION This action under Section 16(b) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq., was removed from the Common Pleas Branch, Jefferson Circuit Court, Jefferson County, Kentucky. Plaintiffs claim from defendant, General Electric Company, overtime pay under Section 7 of the Act for a scheduled 18 minute meal period. They also demand liquidated damages...
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This case was originally decided by this court on June 26, 1970. Wellford v. Hardin, 315 F.Supp. 175 (D.Md.1970). The Government took an appeal. In the decision rendered by this court, the Government was required to present for in camera inspection two types of documents, namely, a document known as the Biweekly Reports of the Director, Slaughter Inspection Division, to the Admi...
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MEMORANDUM OPINION This is an action to vacate, enjoin, annul and set aside orders of the Interstate Commerce Commission made February 4, May 27, and June 24, 1971; Docket No. MC-134194 (Sub No. 3), Norman C. Emerson. These orders scheduled the application of Norman C. Emerson for handling under the Commission’s modified procedure rules which provide for the submission of evidence in the form of v...
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MEMORANDUM AND ORDER This is an action to overturn a 1944 court-martial conviction for automobile theft and to compel the correction of military records from a dishonorable discharge to a general discharge under honorable conditions. Both parties have moved for summary judgment. Since the crime was not service related, the court-martial had no jurisdiction, the conviction was void, and the discha...
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OPINION The defendants, convicted after trial to a jury for violation of 26 U.S.C. section 4705(a) (selling or giving away cocaine without an order form), were sentenced on June 4, 1971 to the minimum mandatory term of five years, authorized under 26 U.S.C. section 7237(b). They now move for a correction of sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure, based upon a claim...
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OPINION This is an action brought pursuant to 28 U.S.C. § 1343(3). The plaintiff, a school district, seeks redress for what it alleges was a denial of due process of law in violation of the 14th Amendment. Specifically, the plaintiff claims that the proceedings of the defendants, county and state school boards, pursuant to a Pennsylvania state statute regarding the reorganization of school distric...
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OPINION Plaintiffs, two colleges and twelve college or university students, seek a declaratory judgment that two Pennsylvania statutes, 24 Pa.Stat.Ann. §§ 5104.1, 5158.2 (1971),1 are unconstitutional and an injunction restraining officials of the Pennsylvania Higher Education Assistance Agency (PHEAA) from enforcing or otherwise acting under those statutes. This court has jurisdiction of the cont...
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329 F.Supp. 216 (1971) John G. SWINNEY and R. S. Dickson and Company, a North Carolina Corporation, on behalf of themselves and all others similarly situated, Plaintiffs, v. KEEBLER COMPANY et al., Defendants. Civ. A. No. 68-616. United States District Court, D. South Carolina, Greenville Division. July 19, 1971. David L. Freeman, C. Thomas Wyche, and William W. Kehl, of Wyche, Burgess, Freeman &...
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OPINION Pursuant to the provisions of 28 U.S. C. § 2241, Marvin K. Cook, a state convict, has filed a petition in forma pauperis requesting relief by way of habeas corpus from his imprisonment. On July 10, 1969, in the Corporation Court of the City of Lynchburg, petitioner was convicted of feloniously altering a motor vehicle registration card, and as a result thereof, was sentenced by a jury...
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ORDER This proceeding is before the court upon petitioner’s motion to vacate his sentence under the Federal Youth Corrections Act, 18 U.S.C. § 5010(b), imposed upon petitioner’s plea of guilty of interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312, as charged in a criminal information. Petitioner alleges as grounds for relief that he did not understand the nature and length- of t...
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*1064 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION Plaintiff filed a complaint on June 30, 1971, seeking a temporary restraining order prohibiting the defendants, their agents, servants and other persons acting upon their orders or authority from enforcing orders to plaintiff to report to active duty in the U. S. Army and from removing him from the ...
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MEMORANDUM OPINION This litigation which involves the racial integration of the public schools of the City of Little Rock, Arkansas, and which has been in the courts for some sixteen years is again before the Court pursuant to an order of the Court of Appeals entered on May 4, 1971, remanding the case for further consideration. 1 The Court was directed to call upon the defendants to submit a ...
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OPINION Howard W. Denny (“Denny”), a state prisoner, has petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was permitted to proceed in forma pauperis. Denny was convicted by a jury in the Superior Court of Delaware of assault with intent to commit robbery and assault with intent to commit murder. He was sentenced to a term of twenty years on each charge, to run concurrently. ...
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MEMORANDUM OF DECISION This is a personal injury action based upon negligence brought by the plaintiffs in the U.S. District Court for the District of Kansas. The plaintiffs allege the court has jurisdiction because of diversity of citizenship under 28 U.S. C.A. 1332. In plaintiffs’ original complaint they alleged only that they were citizens of Kansas and that defendant was incorporated ...
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MEMORANDUM ORDER GRANTING MOTIONS FOR DIRECTED VERDICTS Plaintiff sued defendant on a promissory note in the amount of $28,750.00, plus interest. Defendant admits liability but asserts counterclaims against plaintiff. The case was tried to a jury. At the conclusion of defendant’s evidence in support of his counterclaims, plaintiff moved for directed verdicts in his favor on the promissory...
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MEMORANDUM This matter is before the Court on petition of the Trustee in Bankruptcy for i*eview of an order of the Referee, filed on August 4, 1970, which allowed the proof of claim of Estey Musical Instrument Corporation, the major creditor (hereinafter Estey), for $50,473.28 and dismissed the objections of the bankrupt, Gross Mfg. & Importing Co.', Inc. (hereinafter the bankrupt or Gros...
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OPINION Petitioner is serving a term of ten to twelve years imposed in January of 1963 for the crime of armed robbery in the first degree. His conviction was unanimously affirmed by the Appellate Division, 23 A.D.2d 720, 257 N.Y.S.2d 907 (1965), and Judge Fuld denied leave to appeal to the State Court of Appeals. His main basis for claiming a right to release on federal habeas is the contention th...
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CBS moves, pursuant to Rule 26(c), F.R.Civ.P., for a protective order extending its time to answer and object to the interrogatories of ASCAP, dated February 11, 1971, “to the extent such answers and objections relate exclusively to issues presented by the ASCAP counterclaims and affirmative defenses -x- * Before reaching the merits of the application it is in order to recite the tangled procedura...
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ORDER The Plaintiff filed this interpleader suit, under authority of 28 U.S.C. § 1335, naming as Defendants Connie Jean Cooper, hereinafter referred to as Cooper, and Sarah Kathryn Bell, hereinafter referred to as Bell. The suit involves the proceeds of an insurance policy issued by Plaintiff and which of the two Defendants is entitled to the proceeds. The Plaintiff requests a permanent injunction...
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329 F.Supp. 1242 (1971) John J. JOYCE v. UNITED STATES of America. Civ. A. No. 70-226. United States District Court, W. D. Pennsylvania. July 16, 1971. *1243 *1244 Bagley, Kennedy, Sydor & Heck, Pittsburgh, Pa., for plaintiff. Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for defendant. OPINION GOURLEY, Senior District Judge. This is an action under the Federal Tort Claims Act. After ...
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OPINION AND ORDER On September 18, 1964, plaintiff, Andrew J. Kosnosky, filed with the Social Security Administration, Bureau of Old-Age and Survivors Insurance, an “Application for Insurance Benefits for Child of Living Wage Earner * * * ” (Tr., pp. 74-77) under § 202(d) of the Social Security Act, as amended, 42 U.S.C.A. § 402(d), alleging that he was under a disability, as defined in § 223(c) ...
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MEMORANDUM and ORDER We have before us a motion of the defendant (hereinafter referred to as BMW) to dismiss the complaint for lack of jurisdiction. Initially the motion was addressed to the issue whether the defendant is or ever was doing business in *258Pennsylvania. Subsequently, a question was raised as to whether defendant was properly served under the applicable rules. We will deal with eac...
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Memorandum and Order: Plaintiff Chrysler Credit Corporation (herein Chrysler), a Delaware corporation, commenced this suit in the 189th District Court of Harris County, Texas, against Ralph Williams Gulfgate Chrysler-Plymouth (herein Gulfgate), a Texas corporation. The purpose of the state court suit was to recover a debt allegedly owed by Gulfgate to Chrysler of approximately $1,350,000, attorn...
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ORDER The facts of this controversy arise out of a 1964 licensing agreement entered into between the Petitioner, Schokbeton Products, Inc., as licensor, and the Respondent, Schokbeton Industries, Inc., as licensee. Under the agreement Respondent, Schokbeton Industries, Inc., in exchange for a stipulated royalty, obtained the exclusive right to manufacture and distribute Petitioner’s dry concrete p...
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OPINION On an afternoon late in February, 1963, Mrs. Waltine Hoover and her mother, Mrs. E. M. Snow, were stabbed to death in their home near Double Toll Gate in Frederick County, Virginia. Seven months later, Luther Durham, Jr., petitioner, was arrested in King George County, Virginia on a charge of breaking and entering. In the weeks following his arrest, Durham implicated himself and others in ...
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Plaintiffs brought this action in the United States District Court for the Southern District of West Virginia seeking a declaratory judgment of unconstitutionality, and an injunction against the enforcement, of certain specified portions of the “Policies, Rules, and Regulations Regarding Student Rights, Responsibilities, and Conduct in West Virginia State Universities and Colleges” (hereafter Stud...
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OPINION AND ORDER Plaintiff is presently a prisoner at the Wisconsin State Prison, at Waupun, and was formerly a prisoner at the Wisconsin Correctional Institution at Fox Lake, Wisconsin. Defendant Schmidt is secretary of the Wisconsin Department of Health and Social Services, and defendant Ritscher is a cashier at the Fox Lake Institution. Plaintiff alleges that certain actions of defendants hav...
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OPINION AND ORDER This is a civil action brought by the Government charging the defendant, Standard Oil Company of California, with violations of Section 3 of the Sherman Act (15 U.S.C. § 3). The complaint alleges that the defendant has violated said Act by combining to unreasonably restrain and monopolize the distribution and sale of petroleum products in the Territory of American Samoa, and by ...
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MEMORANDUM-DECISION and ORDER The complaint in this action contains seven separate claims described as causes of action. It is very detailed and I would not classify the pleading as one in good accord with the spirit of Federal Rule of Procedure 8(a) and (e). Short and plain statements of claims, and simple, concise and direct averments of claims are directed therein. Jurisdiction is base...
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OPINION Defendant Thomas W. Doran is charged in a 1964 indictment with conspiring to defraud the Government and with making a false claim for payment in connection with certain contracts for mail carriage over ten years ago. The question before the court is whether this 57-year old defendant’s medical problems render him unfit to stand trial. The evidence bearing on this subject comes from ph...
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MEMORANDUM This action, brought under 46 U.S.C. §§ 741-752, asserts a claim for damages allegedly incurred through the negligence of the defendant. Three parties are involved; the United States (“the Government”), States Marine Corporation of Delaware (“States Marine”), and Moore-McCormack Lines, Inc. (“Moore”). The controversy arises out of damage to a vessel, SS ROBIN HOOD, owned by Moore and ti...
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OPINION AND ORDER Plaintiff, having obtained a judgment against the defendant Kowalick for an amount in excess of the limit of coverage of his liability insurance policy, seeks in these garnishment proceedings to recover the excess from the insurance company on the theory that the company’s failure to settle within the policy limits amounted to bad faith. The parties have stipulated the under...
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329 F. Supp. 207 (1971) Joseph BROWN, Plaintiff, v. Robert DUGGAN et al., Defendants. Misc. No. 5239. United States District Court, W. D. Pennsylvania. July 15, 1971. *208 MEMORANDUM AND ORDER McCUNE, District Judge. Joseph Brown, an inmate of the State Correctional Institution at Graterford, Pennsylvania,[1] has addressed two documents to this Court. One is captioned "Criminal Complaint" and t...
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*316OPINION AND ORDER Presently before the Court is plaintiff’s motion to have a three-judge court convened pursuant to 28 U.S.C.A. § 2281, and defendants’1 motion to dismiss. A short recitation of a previous action between the plaintiff and the Insurance Department may be helpful. On April 12, 1967, the Insurance Department of Pennsylvania, acting pursuant to Section 502 of the Insurance Departm...
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MEMORANDUM OPINION This is a tax refund suit brought by a Memphis neurosurgeon, a member of a well-known medical group which was reorganized in 1961 from a partnership into a professional association. The facts have been stipulated and, essentially, are as follows: 1. Plaintiffs are husband and wife. Mrs. Simmons is a party to this action only because joint income tax returns were fi...
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MEMORANDUM OPINION This matter is before the Court on motion of the defendant, United States of America, to dismiss the complaint of the plaintiff on the basis that the injured party, Lawrence Waters, was an employee of the Pine Bluff Arsenal at the time of the alleged injury pursuant to Vocational Education Act of 1963, as amended, and as such employee, he has been awarded compensation by the Bur...
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329 F. Supp. 433 (1971) In the Matter of Grand Jury Subpoena for Gordon VERPLANK. In the Matter of Grand Jury Subpoena for Martin S. WEG. Misc. Nos. 2814, 2815. United States District Court, C. D. California. July 14, 1971. *434 Robert L. Meyer, U. S. Atty., David R. Nissen, Asst. U. S. Atty., Chief, Crim. Div., Los Angeles, Cal., for United States. Allen D. Lenard, Los Angeles, Cal., Michael Som...
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OPINION In this action the plaintiff seeks to recover pilotage fees allegedly owed him by defendant. The parties stipulated most of the facts in the case, and a trial was had on the remaining factual issues. Findings of Fact 1. Plaintiff Robert E. Blair is a licensed and duly qualified pilot in the harbor of the City of Gloucester, within the District of Massachusetts. 2. The M/V BLUE SPRUCE is ...
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*69OPINION The defendant is charged with willful failure to report for induction into the Armed Forces of the United States as ordered on June 19, 1970, in violation of Title 50 U.S.C.App. § 462(a). The issue is whether or not the defendant was entitled as a matter of law to a I-S deferment from January, 1970 to January, 1971. THE FACTS The defendant was born on February 19, 1945, and registered w...
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MEMORANDUM and ORDER Defendant Lucerne has moved under Rule 12(b) to dismiss the action against it on the ground that personal jurisdiction has not been and cannot be obtained over it in the Eastern District of New York. The action is for a declaratory judgment. While the parties have mentioned the venue under 28 U.S.C. § 1391, they have not specifically discussed it and they appear to as...
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India Supply Mission, defendant in the first of the above actions, moves pursuant to Rule 42(a), Fed.R.Civ.P., for an order consolidating that action with nine other actions for all purposes. Each of the ten actions presents a similar admiralty claim arising out of a similar set of facts. At various times during 1966 the India Supply Mission entered into a charter party contract with each claimant...
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The fairness and validity of competitive examinations, once described by Gilbert and Sullivan as the means of attaining “a Duke’s exalted station,”1 have *205frequently been challenged in courts and elsewhere. E. g., Griggs v. Duke Power Company, 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971); Louisiana v. United States, 380 U.S. 145, 85 S.Ct. 817, 13 L.Ed.2d 709 (1965); Willner v. Committee on...
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MEMORANDUM OPINION In this reorganization bankruptcy case under Chapter X, the State of Ohio has filed a claim or Petition for Reclamation' for the sum of $4,000,000. The petitioner hereinafter referred to as “Ohio” claims preference right to the sum of $4,000,000 which it alleges is due it because of certain loans made by petitioner to Four Seasons Nursing Centers of America, Inc., the debtor co...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for personal injuries which arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. On October 9, 1970 plaintiff filed a complaint whereby he alleges that a Mr. Charles T. Ward, on April 4, 1969, was a member of the U. S. Navy and while driving a motor vehicle property of the U. S. Navy, in a reckless and negligent mann...
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MEMORANDUM OPINION The movant Mr. Mauney, in custody under sentence of this Court in United States of America, plaintiff, v. Sidney A. Mauney, defendant, criminal action no. 7150, this district and division, claims the right to be released upon the grounds that he was deprived therein of his right to a fair trial under the Constitution, Fifth and Fourteenth Amendments, and to the effective assi...
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MEMORANDUM AND ORDER The plaintiff, Ruben E. Minton, has filed this action under the Social Security Act, Section 205(g), 42 U.S.C.A. § 405(g), requesting this Court to review and reverse a decision of the Secretary of Health, Education and Welfare denying disability insurance benefits to the plaintiff. The Secretary’s motion to dismiss was denied by Memorandum and Order of December 24, 1970, whic...
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OPINION Before THORNBERRY, Circuit Judge, and ROBERTS and WOOD, District Judges. This is an action by plaintiff to annul, vacate, void, enjoin and set aside an Order of The Interstate Commerce Commission (Commission) required to be heard by a three-Judge Court under 28 U.S.C., Sec.. 2325. Plaintiff Towne, a motor common carrier of household goods, filed an application with the Commission for a Ce...
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DECISION and ORDER There are motions before the court for dismissal, discovery and inspection, and also for a bill of particulars. In this action, the three defendants are charged in a two-count indictment involving the alleged sale of LSD, lysergic acid diethyl-amide. The first count charges the defendants Hope and Flynn with the sale, delivery, and disposal of LSD on March 12, 1971, and the seco...
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MEMORANDUM OPINION AND ORDER Before McWILLIAMS, Circuit Judge, and ARRAJ and WINNER, District Judges. In his complaint plaintiff alleges that he is a qualified elector of the state of Colorado who owns no realty within the Moffat Tunnel Improvement District. Predicating jurisdiction upon 28 U.S.C. § 1343(3) (1962), he contends that portion of Colo.Rev.Stat.Ann. § 93-1-4(3) (1963) whi...
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MEMORANDUM AND ORDER The defendant, David J. Tucker, is before the Court on a motion to vacate sentence pursuant to 28 U.S.C. § 2255 (1964). He had been convicted of first degree murder and related offenses in 1962 and sentenced to life imprisonment. This present 2255 motion is before the Court on remand from the United States Court of Appeals for the District of Columbia Circuit, Tucker v. United...
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MEMORANDUM OPINION AND ORDER This is a securities action involving an alleged violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. 240.10b-5. Jurisdiction is predicated upon section 27 of the ’34 Act, 15 U.S.C. § 78aa. The case is presently before the court on motions for summary judgment of both ...
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OPINION Three overlapping classes have been presented in these price-fixing antitrust actions for certification pursuant to Rule 23 of the Federal Rules of Civil Procedure. The guidelines established in Pretrial Order Number One and its subsequent amendments for the filing of briefs and affidavits have been complied with by all parties. Extensive and able oral argument has been presented on the i...
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MEMORANDUM and ORDER The relator was tried and convicted in the County Court, Suffolk County, of criminally selling a dangerous drug, second degree (Count 1), and of possession of a dangerous drug, second degree (Count 2). He contends, as he did in the County Court (except when the alleged indictment was amended during the arraignment) that he has been denied due process because he was never in fa...
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MEMORANDUM By notice of motion dated April 26, 1971, defendants move pursuant to Fed.R.Civ.P. 12(b) (1) and (6) to dismiss the within amended complaint for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and because certain of plaintiffs' claims were previously considered and rejected by another judge of this court. On December 10, 1970, Art...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. This is an action for personal injuries allegedly sustained by the above-named plaintiff, Jeanne D. Jackson (“Jackson”) against the above-named defendant, Sidney S. Coggan (“Coggan”). Jurisdiction is based on diversity. Trial was before the court. Plaintiff, born January 4, 1931 and who resided in New York, although not a citizen of t...
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MEMORANDUM—DECISION and ORDER The action is one under Section 205 (g) of the Social Security Act to review a final decision of the Secretary denying the plaintiff, Angelina V. Cammarota, widow’s benefits under 202(e) of the Act, 42 U.S.C. § 402(e). In separate motions the defendant Secretary moves for summary judgment dismissing the complaint and affirming the decision, and the plaintiff requests ...
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In this action the plaintiffs are the inventor and exclusive American licensee of a certain folding baby stroller which folds into a “stick” under patent No. 3,-390,893 issued by the United States Patent Office on July 2, 1968. They claim that the defendant has infringed the patent. The defendant denies the material allegations of the complaint and counterclaims for a declaratory judgment of paten...
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OPINION and JUDGMENT In his petition for a writ of habeas corpus, which has been filed in forma pauperis, William Charles Mourning attacks the conviction rendered against him for the crime of armed robbery by the Superior Court of Beaufort County on August 16, 1968. At this trial Mourning was represented by court-appointed counsel, pleaded not guilty, and was tried before a jury. The court imposed...
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OPINION This is a civil action to collect the proceeds of a commercial crime coverage insurance policy covering employee embezzlement, issued to plaintiff John B. White, Inc. (“White”) by defendant Providence Washington Insurance Co. (“Prov-Wash”). on October 1, 1966.1 Prov-Wash has denied liability under the policy and has joined White’s auditor and treasurer, Jules Boymel, as a third-party defe...
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OPINION AND ORDER This is a suit by plaintiff unions to compel arbitration in accordance with the contract with the employer of alleged grievances concerning the discharge or indefinite layoff of an employee, one John Beningo. The employer in its answer denies that the grievance is subject to arbitration for the reason that no grievance was ever properly filed within the time limits as provided b...
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MEMORANDUM DECISION. On January 4, 1968, petitioner was convicted by a jury of interstate transportation of a firearm by a convicted felon in violation of 15 U.S.C. Sec. 902(e). At the time of his trial in federal court petitioner was serving a ten year state sentence for armed robbery. Upon his conviction of violating 15 U.S. C. See. 902(e), petitioner received a four year sentence which is to ru...
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C. E. Lizza, Inc. (Lizza), the intervening defendant and applicant, is a contract motor carrier of Greensburg, Pennsylvania, which has hauled explosives for American Cyanamid and its predecessors for more than 32 years. It has hauled for no other shipper than American Cyanamid, and presently hauls more than 95% of the explosives shipped by American Cyanamid. During the 32-year period it had no acc...
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330 F.Supp. 159 (1971) Jane DOE, individually and on behalf of her minor dependent child, and on behalf of all others similarly situated, Plaintiffs, Henrietta Roe, individually and on behalf of her minor dependent children, Intervenors, v. Wilbur J. SCHMIDT, individually and as Secretary of the Wisconsin Department of Health and Social Services, and his Agents, Employees, Successors in Office, A...
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329 F. Supp. 1003 (1971) UNITED STATES of America, Plaintiff, v. FIRST NATIONAL BANCORPORATION, INC., and the First National Bank of Greeley, Defendants. Civ. A. No. C-2413. United States District Court, D. Colorado. July 12, 1971. *1004 *1005 Herbert G. Schoepke, Kevin D. Brenan, Alan R. Malasky, Eugene V. Lipkowitz, Attys., Dept. of Justice, Antitrust Div., Washington, D. C., James L. Treece, U...
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MEMORANDUM This matter comes before the Court on a petition for a writ of habeas corpus filed by counsel on behalf of Jerome Bland. Petitioner, a sixteen year old youth, who under provisions of the District of Columbia Code, Title 16, Section 2301(3) (A), has been charged as an adult, 1 in the United States District Court, under an indictment alleging the federal offense of armed postal rob...
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OPINION AND ORDER The complaint in this case seeks review of allegedly final agency action in the form of a letter written by defendant Gibson, Maritime Administrator, to the Commander of the Military Sea Transportation Service (hereinafter “MSTS”) stating that the Maritime Administration (hereinafter “MARAD”) would not oppose the charter to MSTS by intervenor—defendant United States Lines (herei...
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329 F. Supp. 422 (1971) In the Matter of Douglas Wayne BROWN. Misc. 1-59. United States District Court, S. D. Iowa. July 12, 1971. *423 Allen L. Donielson, U. S. Atty., John B. Grier, Asst. U. S. Atty., Des Moines, Iowa, for the Government. Raymond Rosenberg, Des Moines, Iowa, for the witness-respondent. MEMORANDUM OPINION. HANSON, District Judge. On June 24, 1971, the United States Attorney app...
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DECISION OF THE COURT In January, 1971, the plaintiff, Prentiss T. Rowe, was a second-semester senior at the College of Emporia. He was pursuing a full course of study, majoring in Political Science and History, with a minor in Secondary Education. The College of Emporia, located at Emporia, Kansas, is a private, liberal arts college with recognized national accreditation. It is also accr...
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MEMORANDUM AND ORDER Petitioner was heretofore granted leave to proceed in forma pauperis, his application for writ of habeas corpus was filed, and a Rule to Show Cause was issued under the Order of this court. The respondent has since filed his Answer and Return, petitioner has filed his Traverse. Upon examination of the documents so filed, together with the exhibits attached thereto, the cour...
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OPINION On July 1, 1971, plaintiff requested this court to issue a temporary restraining order enjoining defendants from removing plaintiff from his present position with the Postal Service. On the same date, this court entered an order restraining plaintiff’s removal and requiring defendants to show cause on or before July 7, 1971 why they should not be permanently enjoined from removing...
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MEMORANDUM OPINION Plaintiffs in this proceeding are the Lake Carriers’ Association and 19 of its 21 member companies who own and operate Great Lakes cargo vessels. Defendants are the Attorney General of the State of Michigan, the Michigan Department of Natural Resources and its Director and the Michigan Water Resources Commission and its Executive Secretary. The complaint seeks a de...
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MEMORANDUM This matter comes before the Court after its trial to this Court. Briefs have been submitted by both parties and the Court is now prepared to announce its findings of fact and conclusions of law in accordance with Rule 52 of the Federal Rules of Civil Procedure. Jurisdiction exists under 28 U.S.C.A. § 1346, more commonly known as the Federal Tort Claims Act. This action was brought on b...
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This is an action challenging the constitutionality of the recently enacted New York welfare residency statute, Chapter 606 of the Laws of New York (1971), 1 on the grounds that it is violative of the *485 First, Fifth, and Fourteenth Amendments to the United States Constitution. Plaintiff seeks an order that this action be maintained as a class action pursuant to Rules ...
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OPINION Plaintiff 1 was the consignee of cargo of steel coils loaded aboard the S. S. Rio Grande on October 11, 1963 at Baltimore, Maryland for carriage to Madras, India. The vessel was under time charter to American Asia Lines (American) from her owner Rio Grande Transport, Inc. (Transport). (Deft.Ex. A). Clause 8 of the charter, essentially the standard agreement approved by ...
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ORDER This wrongful death action is before the court upon plaintiff’s motions for leave to amend the complaint and for substitution of a party plaintiff and for ratification of the complaint. Also before the court are motions to dismiss the complaint filed by all parties defendant alleging plaintiff’s lack of capacity to sue, and a motion to dismiss as to defendant, Metal Equipment Company, allegi...
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SUPPLEMENTAL OPINION The Secretary of Labor instituted this action against the defendant seeking, inter alia, an injunction under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, enjoining and restraining the withholding of payment of minimum wage compensation found to be due defendant’s employees. Defendant answered the Secretary’s complaint and made a demand for a jury trial. The S...
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(concurring and dissenting): I concur in the majority opinion, with the exception of the holding that recoupment from current assistance grants violates the spirit and intent of the statute establishing Aid to Families with Dependent Children and consequently, I would not permanently, or otherwise, enjoin the state of Oregon from attempting in the future to recoup overpayment of welfare funds by r...
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OPINION AND ORDER The complaint in this case seeks a declaratory judgment that the intake process in the Philadelphia Juvenile Court for juveniles charged with delinquency is not constitutionally adequate because standards have not been established to test the propriety of referring the juvenile to the Juvenile Court for adjudication. Injunctive relief against continuation of the present system is...
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OPINION AND ORDER Relator and two co-defendants, Arthur Ashkenase and Salvatore Rispo, were convicted after a non-jury trial on Bills Nos. 261, 363, 364, 365, 366 and 368, Philadelphia County, February Sessions, 1967, charging blackmail and conspiracy. Relator was sentenced to a total of four and one-half to nine years imprisonment. The conviction and sentence were affirmed in the state courts, Co...
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This is an action to review a final decision of the Secretary of Health, Education and Welfare, pursuant to section 205(g) of the Social Security Act, 42 U. S.C. § 405(g), holding that plaintiff is not disabled so as to entitle him to disability insurance benefits and to establish a period of disability pursuant to sections 216(i) and 223 of the Act, 42 U.S.C. §§ 416(i) and 423. The plaintiff file...
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MEMORANDUM OPINION This action was originally filed in the Circuit Court of Hot Spring County, Arkansas, and subsequently removed to this Court as a diversity action between citizens of different states and the amount in controversy exceeding the sum of $10,000, exclusive of interest and costs. At the time of the commencement of this case and at all times since the plaintiff, Wallace Almond, was ...
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MEMORANDUM OF DECISION, JUDGMENT AND DECREE Governing Legal Principles More than seventeen years ago, a unanimous decision of the United States Supreme Court made it clear that racial discrimination in public education violates the Constitution of the United States. Today it is established beyond all question that any law, ordinance or regulation of any governmental agency (whether federal, s...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT These actions were consolidated for trial, because of their presenting a common legal issue; each seeks the refund of federal estate taxes assessed on the proceeds received from the settlement of a wrongful death action. The Government’s position was that the money damages recovered should be included in the gross estate of the decedents under § 2033 of...
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OPINION and ORDER Cleveland Reed (“Reed”), a State prisoner, has petitioned this Court for a writ of habeas corpus pursuant to 28 U. S.C. § 2254. He was permitted to proceed in forma pauperis. Reed and a co-defendant1 were convicted by a jury in the Superior Court of the State of Delaware for armed robbery upon a Wilmington merchant. On May 23, 1969 Reed was sentenced to ten years imprisonment and...
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DECISION OF THE COURT The First National Bank of Howard, one of the creditors of the bankrupt in the captioned cause, has petitioned this Court for review of an order previously entered by the Honorable Robert B. Morton, Referee in Bankruptcy. The effect of this order was to deny petitioner the status of a secured creditor, as more fully set forth below. The Court notes that the question is prope...
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OPINION This is an action brought by Eugene R. Bolanowski, a potential candidate for the office of Mayor of the City of Warren, Michigan, on behalf of himself and all registered electors of the City. Plaintiff claims that Section 7.2 of the City Charter unreasonably burdens his right to run for office and the right of the electors to vote for the candidate of their choice, in violation of the E...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This is the story of “The Lord Amherst,” a Stradivarius violin once owned and played by Fritz Kreisler. 1 Dr. Ber *832 nard Mortimer, a physician, a music lover, although not a musician, bought the violin in 1958, paying $20,000 for it, loaned it to Benno Rabinof, a concert violinist, to play. Later, Mortimer became i...
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OPINION On January 28, 1971, the defendant pled guilty to a charge of acquiring marihuana without having paid the transfer tax imposed by 26 U.S.C. § 4741 (a), thus violating 26 U.S.C. §§ 4744(a) and 7237(a). The factors pertinent to sentencing weighed strongly against imprisonment, although the court thought a fine would be appropriate. Pointing out that the defendant was (as he still is) only 23...
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OPINION This was originally a malpractice action with jurisdiction founded upon the diversity of citizenship among the parties. Plaintiff filed an amended complaint joining as defendants eight pharmaceutical companies, three of which are New York corporations. The plaintiff is a resident of New York. Motions to dismiss have been filed by all the defendants except Dr. Kull, Reid-Provident Laborato...
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OPINION AND ORDER This is an action in which plaintiff, Donald Kirk, Jr., seeks to recover shares of stock allegedly due him under an employment contract into which he entered with defendant Jerrold Corporation. Plaintiff entered into the contract on October 7, 1963. It provided, in relevant part, as follows: “3. The term of this Agreement shall be two years and six months from the date hereof and...
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MEMORANDUM OPINION AND ORDER An “Order to Show Cause” has been filed with the court seeking (1) a dismissal of the above-captioned actions; (2) an injunction enjoining the government from discussing, releasing, or publicizing any alleged correspondence, documents, or evidence relating to the defendants in these actions; (3) a finding of contempt of court of the respondents, S. John Cottone, Esqui...
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OPINION AND ORDER This habeas corpus relator seeks his release from prison where he is serving a sentence for burglary following his conviction in June, 1968. He argues that evidence introduced against him at trial was seized by the government in violation of his Fourth Amendment rights. From the state record, which we have carefully reviewed, the following facts appear: The victim of the burglary...
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MEMORANDUM OPINION AND ORDER This habeas corpus relator, a state prisoner, seeks his release from custody under a 10-20 year sentence imposed after he pleaded guilty to Bills of Indictment Nos. 190(a), 190(b) and 191 in the Lancaster County Court of Quarter Sessions, September Term, 1967. He alleges that his guilty plea was not voluntary in that it was induced by the conditions of his incarceratio...
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*1110 OPINION Gerald M. Mickey, a member of the Marine Corps Reserve, instituted this suit against his commanding officer, Lt. Colonel Lee B. Barkley (incorrectly named Barclay in the caption), and the Commandant of the Marine Corps seeking to void an order issued pursuant to 10 U.S.C. § 673a 1 ordering him to report for involuntary active duty for 16 months. The ...
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*1125OPINION AND ORDER Plaintiff, North City Area Wide Council, Inc. (AWC), is a non-profit corporation with its principal place of business in Philadelphia, Pennsylvania. AWC’s principal function was to represent the residents of the Model Cities target area during the planning of the Philadelphia Model Cities Program, and to provide citizen participation in the Program. The individual plaintiffs...
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OPINION The Secretary of Labor seeks by this action to enjoin Food Fair from violating the Equal Pay Provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. Jurisdiction is conferred on this Court by 29 U.S.C. § 217. Section 29 U.S.C. § 206 provides in part, as follows: No employer having employees subject to any provisions of this section shall discriminate, within any establishment ...
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OPINION Petitioner seeks a writ of habeas corpus ordering his release from the Armed Forces, into which he was inducted in December, 1970, pursuant to an allegedly unlawful induction order. We held a brief hearing, at which petitioner’s Selective Service file was offered in evidence and at which Lett was the only witness. Lett was reclassified I-A by his Local Board in July, 1969, when his studen...
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MEMORANDUM DECISION On February 13, 1969, petitioner, Charles Roland Thunderhorse, was convicted by a jury of the crime of robbery in the first degree. Petitioner received a five year sentence which he is currently serving. On May 12, 1970, petitioner’s appeal from his conviction was denied by the South Dakota Supreme Court. State v. Thunder Horse, 177 N.W.2d 19 (1970). Petitioner has now filed a ...
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Findings of Fact 1. This is an action for infringement of U. S. patent No. 3,332,327, hereinafter referred to as the ’327 patent relating to a pavement marker. The complaint charges that defendants, Highway Safety Devices, Inc., and G. D. Morris, with having infringed by making, or causing to be made, and by selling, offering to sell, or causing to be sold, pavement markers embodying the pate...
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MEMORANDUM OPINION This civil forfeiture proceeding brought by the United States under provisions of 28 U.S.C. § 1345 and § 222(h) of the Interstate Commerce Act (the Act), 49 U.S.C. § 322(h), in five counts, *1074charges the defendant, Chartered Bus Service, Inc. (Chartered)- of Norfolk, Virginia, with failing and refusing to comply with Section 203(c)1 of the Act. There being no factual dispute...
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OPINION AND ORDER Plaintiffs have moved for a preliminary injunction in broad terms, but have orally limited the prayer, so that the interim restraint sought would correspond approximately to the terms of a brief moratorium upon which counsel agreed for the period prior to the hearing on the motion for a preliminary injunction. Basically, the narrower preliminary injunction now sought would preven...
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MEMORANDUM & ORDER In this action for declaratory and injunctive relief under the Civil Rights *405Act, 42 U.S.C.A. § 1983, defendant moves to dismiss on the grounds that the court lacks jurisdiction over the subject matter and that the complaint, as amended, fails to state a claim upon which relief can be granted. Inasmuch as this is a motion to dismiss, the court must look to the plaintiffs’ “w...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT FOR DEFENDANT This is an action under the Federal Civil Rights Act, Section 1983, Title 42, United States Code. Jurisdiction is founded on § 1343, Title 28, United States Code. In his original complaint, plaintiff, currently a federal prisoner in Leavenworth Penitentiary, sought declaratory relief and damages of $100,000.00. 1 In his amended comp...
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Petitioners, state convicts confined in the Missouri State Penitentiary, have submitted a complaint for declaratory judgment and incidental damages under Section 2201, Title 28, United States Code, invoking federal jurisdiction under the Federal Civil Rights Act, Section 1983, Title 42, United States Code, and Section 1343, Title 28, United States Code. Petitioners state that they have been, on...
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ORDER Plaintiff has moved this court for a preliminary injunction. He asks this court to order defendant to reinstate his Star Route contract with the United States Postal Service pending an administrative hearing to determine the validity of defendant’s termination of the contract, allegedly for cause. In support of his motion, plaintiff alleges irreparable injury through loss of income, which w...
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MEMORANDUM In these companion actions plaintiffs seek the convening of a Three-Judge Court pursuant to 28 U.S.C. §§ 2281, 2284, and for a temporary restraining order pending decision by the Three-Judge Court. Plaintiffs S. P. S. Consultants, Inc. (“SPS”) and Mitchell Re*1371ferral Service, Inc. (“Mitchell”) are corporations organized for profit, having as their purpose the dissemination of informa...
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Blue Bird Coach Lines, Inc. (Blue Bird), into which Chautauqua Transit, Inc. (Chautauqua) has now been merged, here asks us to enjoin, suspend, annul, and set aside orders of the Interstate Commerce Commission approving the issuance of a certificate for bus transportation to M. I. Loker and Pauline Loker, a partnership doing business as Seaway Coach Lines (Seaway). Because of the Commission’s refu...
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The debtor, Hudson & Manhattan Corporation (H&M), has petitioned for an Order authorizing and directing it to pay an initial liquidating dividend to its shareholders of approximately $40,998,-923.71. I have concluded that the entry of such an order is required by the terms of the plan of reorganization and is a step in the consummation of its provisions. An involuntary petition for reorgan...
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*243MEMORANDUM AND ORDER The petitioner, Judson Brown, filed a petition for a writ of habeas corpus, seeking (1) discharge from the Army-Reserves; and (2) an injunction against an order directing him to report for active duty training. For several months prior to January, 1970, petitioner made strenuous efforts to enlist in a specialized reserve unit, the 416th Civil Affairs Company, U.S. A.R.C., ...
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OPINION AND ORDER Presently before the court are defendant’s motions for new trial and judg*537ment of acquittal pursuant to Fed.R.Crim.P. 33 and 29 respectively. Defendant was convicted by a jury of perjury in violation of 18 U.S.C. § 1621. The grounds upon which he challenges the validity of his conviction are: (1) that the government failed to prove that the testimony constituting the basis for...
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*857MEMORANDUM OPINION AND ORDER This is an action in tort for damages resulting from an alleged conspiracy. The facts are of utmost importance in the determination to be reached by the Court of the controversy raised. The questions are: (1) whether a cause of action is spelled out in the complaint and (2) whether the action is barred by the applicable statute of limitations. Accordingly, those f...
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ORDER DENYING WRIT IN THE NATURE OF A MANDAMUS This cause came on to be heard on July 2, 1971 at 2:00 P.M. on plaintiff Golden West Airlines Inc.’s motion filed on June 25, 1971 under the All Writs Act, 28 U.S.C. § 1651, requesting the issuance of an order in the nature of a mandamus directed to Honorable Rafael A. Rivera Cruz, Referee in Bankruptcy of this Court, for the immediate hearing of plai...
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OPINION AS RENDERED FROM THE BENCH Plaintiff, CSI/Communication Systems, Inc., seeks damages and an injunction against the defendants enjoining them from interfering, harassing, or preventing the distribution of a conference call device distributed by the plaintiff, and that the defendants be further enjoined from threatening and intimidating any customer or prospective customer of plaint...
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MEMORANDUM This action was filed by the Tennessean Newspapers, Inc., the publishing corporation of the Nashville Tennessean, to obtain an appraisal report made by an appraiser for the Federal Housing Administration, hereinafter referred to as “FHA.” The Tennessean alleged that the reports are available for public inspection under 5 U.S.C. § 552. This Court has jurisdiction under 28 U.S.C. § 129...
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MEMORANDUM DECISION The questions before me arise upon the motion of the third party defendant, Securities and Exchange Commission, to dismiss the third party complaint or, in the alternative, for summary judgment; motions of the defendants to dismiss the plaintiff’s complaint; and motion of the plaintiff, informally entertained by the court at the hearing on June 7, 1971, to remand the action ag...
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MEMORANDUM OPINION AND ORDER Plaintiff’s complaint charges a violation of Title VII of the Civil Rights Act. He says that he was discharged from his employment because “he was a member of the Negro race.” After an arbitration held under a union contract (to be discussed later herein) he filed an appropriate complaint with the Equal Employment Opportunity Commission, and, on July 25, 1970,...
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MEMORANDUM OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW. Plaintiff instituted this action in this court on June 3, 1969, pursuant to Title 42 Section 2000e-5 United States Code, the Civil Rights Act of 1964, alleging that the defendant had violated his civil rights by terminating his employment for the reason that he refused to work from sun-down on Friday until sun-down on Saturday of each we...
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MEMORANDUM OF DECISION The plaintiffs, Rene Nawodylo and Leo Weintraub, filed the complaint in No. 70 C 1235 seeking declaratory and injunctive relief from this Court. The relief requested contemplated an attack on constitutional grounds of a statute of statewide application. Accordingly, pursuant to 28 U.S.C. § 2281 and 28 U.S.C. § 2284, a three-judge Court was requested and subsequently...
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DECISION AND ORDER Plaintiff, a shareholder of defendant, Peoria Service Company, filed this suit on behalf of Peoria and all Peoria shareholders who are similarly situated, praying injunctive and other relief based upon allegations that violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and fraud affected a plan of corporate reorganization which led to the sale ...
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Michael Lawrence Fine seeks an injunction and an order in the nature of a writ of mandamus directing respondents to reclassify him I-S(c) pursuant to the Universal Military Training and Service Act. 50 App. U.S.C. § 456(i) (2). Petitioner graduated from the University of Maryland in June 1967. He then enrolled in the graduate program in oceanography at the School of Marine Science at the College o...
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OPINION FINDINGS OF FACT This action was instituted by North-way Lanes, a co-partnership consisting of Ralph G. Kuris and Bessie Shull, and Marshull, Inc., a Michigan Corporation, as plaintiffs, against the Hackley Union National Bank and Trust Company, a National Banking Association, under the provisions of Sections 85 and 86, Title 12, United States Code. Plaintiffs sue to recover the sum o...
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MEMORANDUM OF DECISION This action was tried to the court and a jury at the United States Courthouse in Greenville, Mississippi in April, 1971. The trial was concluded with the verdict of the jury on April 19, 1971. The action involves the claim by plaintiff against defendant for reimbursement of money paid by plaintiff to its insured, Stanley 0. Ingram (Ingram), under a trip accident and bag...
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MEMORANDUM AND ORDER The ease is before the court on (1) a motion by plaintiff to remand to the Supreme Court, Suffolk County, (2) a motion by plaintiff for a preliminary injunction to keep in effect certain marketing agreements for Ford cars and *693 trucks, and (3) a motion by defendants Ford Marketing Corporation and Obringer to dissolve the ex parte temporary restraining ...
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OPINION By order dated May 27, 1971, this statutory court was duly designated to hear and determine plaintiffs’1 constitutional challenge to Section 131-a of the New York Social Services Law, McKinney’s Consol.Laws, c. 55, as amended by Chapter 133 of the Laws of 1971. Urging that amended Section 131-a is violative of the Equal Protection Clause of the Fourteenth Amendment to the United States Con...
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OPINION In an earlier memorandum in these cases filed on April 22, 1971, the parties were directed to undergo discovery on the issue of personal jurisdiction of the defendant Guerdon Industries, Inc. (“Guerdon”) under CPLR 302 and Rule 4, F.R.Civ.P. In the same memorandum, the court indicated that decision on the *1350plaintiffs’ motion for summary judgment would be reserved pending resolution of...
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*1010OPINION AND ORDER This is a pi’oceeding seeking habeas corpus and mandamus relief. The petitioner was and is a member of the United States Army who on or about December 4, 1970, submitted his request for discharge under Army Regulation 635-20 which was subsequently disapproved by the Department of the Army. On January 25, 1971, the petitioner while stationed on the military reservation at For...
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ORDER Both sides of the above case filed Motions for the Court to review the action of the Clerk in taxing the costs herein. Upon consideration of the Motions, the Court allowed Plaintiff to amend his Bill of Costs with reference to “Fees of the Marshal” and “Fees for Witnesses” and remanded the taxation of costs to the Clerk as to only these two items of costs. These amendments were timely effec...
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OPINION ON MOTION FOR JUDGMENT OF ACQUITTAL AND MOTION FOR NEW TRIAL The defendants, Kelley Davis, a/k/a Tee and Inez Davis, were convicted on eight counts and six counts, respectively, of violations of receiving and concealing a narcotic drug in violation of 21 U.S.C. § 174 and of possessing a narcotic drug not in or from the original stamped package in violation of 26 U.S.C. § 4704(a). At the co...
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OPINION AND ORDER Before the Court is the request of Thomas J. X. Moore for a writ of habeas corpus. On May 20, 1965, relator was found guilty after jury trial on charges of aggravated robbery (Philadelphia County, Bills of Indictment Nos. 1195-96, January Sessions 1965). He was sentenced to four to ten years imprisonment and is presently confined at the State Correctional Institutio...
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MEMORANDUM AND ORDER This action was commenced by the plaintiffs, Jerald M. Richardson, and Pauline K. Richardson, husband and wife, Bernard C. Richardson and Jean Hollis Richardson, husband and wife; Mrs. T. Delma Richardson and the Estate of Leo D. Richardson, under 28 U.S. C. § 1346(a) (1) against the defendant for the refund of income taxes in the amount of $71,953.35, plus assessed and statu...
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MEMORANDUM OPINION AND ORDER This is an action brought by Ann H. Bintliff, widow of the decedent Doctor Charles Victor Bintliff, as executrix of his estate, against the United States of America, for the refund of an alleged overpayment of Federal estate taxes in the amount of $2,803.17 plus interest. The matter is before the Court on the Motions of both Plaintiff and Defendant for Summary Judgment...
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DECISION Before KILEY, Circuit Judge, and TEHAN and REYNOLDS, District Judges. On February 26, 1970, the plaintiff, Alice Schaak, individually and on behalf of her minor children and all others similarly situated, filed her complaint in this action against Wilbur J. Schmidt, Secretary of the Wisconsin Department of Health and Social Services, alleging that § 49.47(4) (b), Wis.Stats., as amend...
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*320MEMORANDUM AND ORDER Plaintiffs, recipients of Aid to Families with Dependent Children benefits,1 bring this class action2 to challenge Minnesota’s public welfare regulation relating to stepfathers. Plaintiffs contend that Section VII — 2224.04 of the Minnesota Public Welfare Manual, the “stepfather” regulation, is inconsistent with Part A of Subchapter IV of the Social Security Act, 42 U.S.C...
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MEMORANDUM AND ORDER Plaintiffs are members of the class represented in Kostohryz, et al v. Hursh, 329 F.Supp. 319 (D. Minn. July 6, 1971), and their challenge to reductions of AFDC benefits under Section VII— 2224.04 of the Minnesota Public Welfare Manual, the “stepfather” regulation, as being inconsistent with federal law is identical to that presented in Kostohryz. Our decision today in Kostoh...
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MEMORANDUM This is a motion for an order pursuant to Title 28 U.S.C. Section 1404 transferring the matter to the United States District Court, Central District of California, located in Los Angeles, California. This is a ease of cargo loss and damage and is an admiralty and maritime claim within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure. The plaintiff and the defendant corpo...
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ORDER By its verdict a jury in this Court convicted the above Defendant of violating 18 U.S.C. § 2312 (Dyer Act). Defendant now moves for a Judgment of Acquittal pursuant to Rule 29, F.R. Cr.P., asserting in the Motion, (1) that the Government failed to prove Defendant’s guilt beyond a reasonable doubt, and (2) that no direct evidence of the interstate transportation of the vehicle by the Defenda...
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OPINION Plaintiffs, Andrew J. Kaelin, Elsa Suplee and Lucille Trench, are all qualified voters and registered members of the Democratic Party in Bucks County, Pennsylvania. They have brought this action for declaratory and injunctive relief, seeking a declaration that appointment of one of three Commissioners of Bucks County was pursuant to an unconstitutional state statute, and seeking removal of...
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334 F.Supp. 602 (1971) Andrew J. KAELIN et al., Plaintiffs, v. William B. WARDEN et al. Civ. A. No. 70-2341. United States District Court, E. D. Pennsylvania. July 6, 1971. *603 Before SEITZ, Chief Circuit Judge and KRAFT and LUONGO, District Judges. OPINION SEITZ, Chief Circuit Judge. Plaintiffs, qualified voters and registered members of the Democratic Party in Bucks County, Pennsylvania, brin...
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OPINION Before the Court is Plaintiff’s Motion for a New Trial on certain issues and Judgment in favor of the Plaintiff as to other issues. This action arose from an airplane accident on January 13, 1966, near Green River, Wyoming, 1 and the only issues at trial concerned the locus of ultimate liability for the aircraft damaged in the crash. Defendant McDermott Brothe...
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MEMORANDUM AND ORDER This is an action under the Social Security Act, 42 U.S.C. § 405(g), to review a decision of the Secretary of Health, Education and Welfare holding that the claimant, Linn J. McCleery, had engaged in substantial gainful self-employment as owner of a welding shop and was therefore ineligible for further disability benefits, and that the claimant was at fault and liable for over...
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ORDER Plaintiff, a Mexican-American, brought suit in this Court under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., claiming he was discriminated against because Defendant (employer) maintains a policy of not employing Mexican-Americans as pipe fitters. Defendant has moved for summary judgment. Plaintiff was promoted about March 24, 1969, to the position of m...
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MEMORANDUM Petitioner Linda C. Roman was convicted, after a jury trial in the Circuit Court of Fairfax County, Virginia, of robbery, and sentenced to five years imprisonment. An appeal to the Supreme Court of Virginia was denied. She then filed a petition for a writ of habeas corpus in this Court. Since the same matters as those presented in the petition were presented on appeal, no exhaustion is ...
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OPINION and JUDGMENT By his petition for a writ of habeas corpus, which has been filed in forma pauperis, Lawrence E. Tweedy complains of certain convictions imposed upon him by the Corporation Court of the City of Lynchburg. On December 15, 1965 he was convicted in that court upon his pleas of guilty to two counts of statutory burglary and four counts of unauthorized use of an automobile. The cou...
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MEMORANDUM OF DECISION Defendant was indicted for his unlawful, knowing and wilful failure to comply with an order of his local draft board to report to his local board at Worcester, Massachusetts, for instructions to proceed to the Massachusetts General Hospital in Boston, Massachusetts, for employment in civilian work contributing to the maintenance of the national health, safety and interest o...
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Counts I and II of plaintiff’s complaint set forth plaintiff’s claims under Section 1 of the Sherman Act, 15 U.S.C. § 1 and Section 3 of the Clayton Act, 15 U.S.C. § 14. Plaintiff alleges that defendants violated the antitrust laws by including an illegal tying agreement in the sale of the Dunkin’ Donut franchise. More specifically, plaintiff claims that as an express condition to obtaining a D...
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The plaintiffs institute and seek to maintain this class action for themselves and (in effect) for the ultimate use and benefit of the larger and wealthier of the eighty-two counties in the state of Mississippi who are allegedly discriminated against by three statutes of the state of Mississippi which provide for the allocation and distribution among the counties of excise tax funds collected by a...
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*1245 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND OPINION The plaintiff, Stella Horton, alleges that the defendant, Orange County-Board of Education, terminated her employment as a school teacher at the close of the 1968-1969 school year because of her race, and without according her due process of law. Reinstatement in the same or comparable position is sought. The plaintiff furth...
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MEMORANDUM OPINION AND ORDER This diversity declaratory judgment action to interpret an automobile liability insurance policy issued by the plaintiff arises out of an automobile collision in which three persons were killed and three minor children were injured. The vehicles were being driven by Edward Lee Beard and Harold Roy Hawkins. Both were killed. Betty Lee Hawkins, wife of Harold Roy Hawkin...
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OPINION AND ORDER Relator, a state prisoner, is currently serving a seven and one-half to fifteen-year sentence following his conviction in. the Court of Quarter Sessions of Philadelphia County for assault with intent to maim, aggravated robbery, rape, assault and battery with intent to ravish, and conspiracy. He has filed a petition for writ of habeas corpus alleging that: (1) his identification ...
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OPINION Relator, a state prisoner serving a life sentence following his conviction for murder in the first degree in the Court of Quarter Sessions of Philadelphia County, seeks a writ of habeas corpus alleging that he was denied due process of law for the following reasons: (1) the use of an involuntary confession at trial; (2) ineffective assistance of counsel; (3) improper voir dire; (4) introdu...
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MEMORANDUM On June 29, 1970, the Supreme Court of the United States handed down its opinion in the New Haven Inclusion Cases, 399 U.S. 392, 90 S.Ct. 2054, 26 L.Ed.2d 691 (1970), remanding certain aspects of the New Haven reorganization case to the reorganization court (United States District Court for the District of Connecticut), for further proceedings before the Interstate Commerce Commission a...
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MEMORANDUM OPINION I. Background of this Litigation Plaintiffs brought this action against the Corpus Christi Independent School *1378 District to require the District to comply with guidelines promulgated by the Supreme Court for the creation of unitary school systems wherever dual school systems have been found to exist. Plaintiffs contended (1) that Brown v. Board of Educa...
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The Constitution of Virginia, Article II, Section 6 directs, inter alia, that “members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established by the General Assembly [the legislature]” and that “[e]very electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is ...
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MEMORANDUM OF DECISION Plaintiffs, on behalf of themselves and others similarly situated, invoke the jurisdiction of this Court under 28 U.S.C. § 1343(3) and (4), and bring this suit under 42 U.S.C. § 1983, alleging the deprivation, under color of a municipal ordinance of their constitutional right to free speech. Plaintiffs seek a preliminary injunction against the enforcement of Ordinance No. 17...
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*308MEMORANDUM OPINION During the trial of the above matter, defendants Enten and Lemonakis have renewed their motion to suppress their monitored, tape-recorded out-of-court statements. Defendants’ similar motion at the pre-trial stage was denied by this court on the basis of United States v. White, 401 U.S. 745, 91 S.Ct. 1122, 28 L.Ed.2d 453 (1971) and Monroe v. United States, 98 U.S.App.D.C. 228...
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ORDER AWARDING COUNSEL FEES This suit involved a claim for injunctive relief and damages based on alleged discrimination in employment against plaintiff by reason of her sex. 42 U.S. C.A. § 2000e-2(a). The order of this court denying the claim was reversed on appeal. Weeks v. Southern Bell Telephone and Telegraph Company, 5 Cir., 1969, 408 F.2d 228, with direction that appropriate relief be deter...
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This case was tried on its merits before this court on May 5, 1971. The parties are in agreement as to the facts, but are in disagreement as to the applicable law. The facts, as set forth in the plaintiff’s and defendant’s “Agreed Statement of Facts” and as stated at trial, are as follows: By an agreement dated December 29, 1961, Edward M. and Evelyn F. Perkins, husband and wife, leased to the ...
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329 F. Supp. 678 (1971) Zebediah SIMS, a minor, on behalf of himself and all other persons similarly situated, through his parents and general guardians Charlie Sims and Helen Sims, Plaintiffs, v. BOARD OF EDUCATION OF the INDEPENDENT SCHOOL DISTRICT NO. 22 et al., Defendants. Civ. No. 8756. United States District Court, D. New Mexico. July 1, 1971. *679 *680 Donald Juneau and John Whitehouse Cob...
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ORDER Upon consideration of the Motion to Dismiss filed herein by the Defendant Lenna Christine Harris and the response thereto of the Plaintiff and the briefs of the parties, the Court finds that the Motion to Dismiss should . be overruled. The Motion of said Defendant is partially based on her being the wife of her Co-Defendant at the time of the alleged offense and a presumption of coercion by ...
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The above entitled action was tried on November 30, December 1, 2, 3, and 4, 1970. The Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The plaintiff is Harvey Smith, a citizen of the United States and the Commonwealth of Pennsylvania. The plaintiff originally filed this action pro se alleging, inter alia, that defendants Walter Rosenbaum, Vernon Marks, a...
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MEMORANDUM OPINION AND ORDER This suit was instituted in the Eastern District of Virginia by Gulf-Caribbean Navigation Company, Inc. against Sea Bird Navigation, Inc. As the basis for admiralty jurisdiction within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure, it is asserted that Sea Bird, on another date, wrongfully attached funds belonging to Gulf-Caribbean in the hands of a ...
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OPINION and JUDGMENT This Court has jurisdiction of this Social Security disability claim pursuant to 42 U.S.C. § 405(g). The claimant, Charles S. Fugate, was born October 14, 1910 (age 60), and is single. His work experience has been factory work and truck driving. He last met the earnings requirements as of June 30, 1961. This instant application was filed September 15, 1968. The claimant has pr...
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OPINION and JUDGMENT This Court has jurisdiction of this Social Security disability claim pursuant to 42 U.S.C. § 405(g). The claimant, Kenneth E. Boles, was born October 2, 1915 and is 55 years of age. He has an eighth grade education and most of his work experience has been coal mining. The claimant last meets the earnings requirements of the Social Security Act as of June 30, 1952. The claimant...
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329 F.Supp. 196 (1971) Richard E. LAKE, Jr., an inmate of Atmore State Prison, on behalf of himself and others similarly situated, Plaintiffs, v. Frank LEE, Commissioner of the Alabama State Board of Corrections, et al., Defendants. Richard E. LAKE, Jr., Petitioner, v. A. Frank LEE, etc., Respondent. Lee Henry COMER, Petitioner, v. ALABAMA PENAL SYSTEM, etc., Respondent. Enoch DICKINSON, Jr., Pet...
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This matter comes on to be heard on the motions for reconsideration of the Court’s ruling of August 26, 1970, filed by the defendant, Alabama State Docks & Terminals (Docks), on March 10, 1971. The motions were taken under submission by the Court on briefs on April 16,1971. The issue presented by these motions is whether the Docks waived its sovereign immunity by operating Anchorage Number...
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MEMORANDUM-ORDER Plaintiffs, retired District of Columbia Firemen, instituted this action against defendants and third-party plaintiffs, Thelma T. and Cleophus Nor-fleet, to recover damages for personal injuries sustained by them when a District of Columbia Fire Department truck, operated by plaintiff Ercole M. Viana in which plaintiff Joseph P. Anthony was a passenger, collided with an automob...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER FOR DECLARATORY RELIEF AND PERMANENT INJUNCTION Plaintiffs, Negro Federal taxpayers and their minor children attending public schools in Mississippi, brought this class action on May 21, 1969, seeking to enjoin the Secretary of the Treasury and Commissioner of Internal Revenue from according tax exempt status to private ...
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The parties have submitted proposed forms of judgment to conform to the Supreme Court’s opinion 401 U.S. 371, 91 S.Ct. 781, 28 L.Ed.2d 113 in this case. On consideration thereof the court has entered judgment as filed herewith. We do not attempt to set any time schedule for the state courts to act in individual cases. We have no reason to believe that they will not act in regular course without un...
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MEMORANDUM DECISION AND ORDER STRIKING COMPLAINT AND DENYING TEMPORARY RESTRAINING ORDER At the conclusion of oral argument on April 23, 1971, the following matters were presented for determination by the Court: (1) plaintiffs’ application for temporary restraining order; (2) plaintiffs’ demand for three-judge court certification; and (3) defendants’ motion to strike plaintiffs’ Complaint. Follow...
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Plaintiff is the manager of the Studio Cinema theatre, located in New Orleans, Louisiana. He brought suit under 28 U.S.C. § 1443 and 42 U.S.C. § 1983, charging defendants, who are members of the New Orleans Police Department, with having wrongfully seized three films, two of which had been exhibited to plaintiff’s theater patrons. Plaintiff seeks an injunction ordering the return of the fi...
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This action arises out of plaintiff’s claim to recover hospital insurance benefits for emergency inpatient hospital services rendered to his wife, now deceased, under the Social Security Act of 1965 and the Social Security Amendments of 1967, Section 1801 et seq., 42 U.S.C. § 1395 et seq., the Medicare provisions. There is no dispute as to any of the material facts surrounding Mrs. Malina Johnson’...
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On August 15, 1960, defendant established a trust fund pursuant to an Employees’ Profit Sharing Savings & Retirement Plan and Trust, pursuant to which defendant and its employees have since made contributions, and pursuant to which management and control of the fund is said to be vested in three trustees, who are appointed by, and serve at the pleasure of, defendant’s board of directors. Plaintiff...
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329 F. Supp. 113 (1971) UNITED STATES of America, Plaintiff, v. Harold Latham HATCHEL, Defendant. Crim. A. No. 70-110. United States District Court, D. Massachusetts. June 30, 1971. *114 Herbert F. Travers, Jr., U. S. Atty., Henry H. Hammond, Asst. U. S. Atty., for plaintiff. Herbert N. Goodwin, Boston, Mass., for defendant. MEMORANDUM JULIAN, District Judge. Defendant Harold Latham Hatchel was ...
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MEMORANDUM This is an action in the nature of mandamus under 28 U.S.C. § 1361 by plaintiff who was discharged from the Army as undesirable after being reduced in rank from Private, pay grade E-2 to Private, pay grade E-l. He seeks to have defendant ordered to reconsider his application for correction of his military record. He also seeks to have his discharge and reduction in grade declared invali...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried to the court without a jury at the United States Courthouse in Greenville, Mississippi on April 12 and 13, 1971. At the conclusion of the trial the court took the case under advisement for decision at a later date and requested briefs from counsel. Briefs having been received, the action is now ripe for decision. The court’s findin...
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OPINION AND ORDER The previously transferred Alsco-Harvard Fraud Litigation, involves common questions of fact concerning an alleged fraud on the United States by prime contractors in the production of rocket launchers. Andrew L. Stone and Francis N. Rosenbaum are alleged to have carried out this fraud through controlled corporations, Chromcraft Corp. and its successor Alsco, Inc. Alsco was later ...
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The plaintiffs purportedly acting on their own behalf and on behalf of all others similarly situated are four Rabbis who wish to protest the treatment by the Soviet Union of Jews in that country by dramatizing “plaintiffs’ request that the United States Government utilize its good offices to attempt to mitigate the harshness of the current wave of anti-Jewish activity sweeping the Soviet Union.” ...
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Memorandum Opinion Plaintiff moves for a preliminary injunction restraining defendant from selling or otherwise transferring shares of stock of Robotguard, Inc. which have heretofore been issued to defendant and shares of Telecommunications Corporation of America which are about to be distributed as a dividend on the Robot-guard stock. *470 I. Plaintiff is the successor of Robot-guard, In...
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MEMORANDUM OF DECISION By this action, First-Citizens Bank and Trust Company (First-Citizens) seeks a judgment declaring a certificate issued by the defendant William B. Camp, Comptroller of the Currency of the United States (the Comptroller), evidencing his approval and authorization for the establishment and operation by the defendant, Southern National Bank of North Carolina (Southern National...
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329 F. Supp. 1251 (1971) UNITED STATES of America, Plaintiff, v. The FIRST NATIONAL BANK OF CINCINNATI, Defendant. Crim. No. 9473. United States District Court, S. D. Ohio, E. D. June 30, 1971. *1252 William W. Milligan, U. S. Atty., Robert D. Zitko, Asst. U. S. Atty., and Ray Jahn and Edgar Brown, Dept. of Justice, for plaintiff. Robert G. Stachler and James R. Bridgeland of Taft, Stettinius &am...
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329 F. Supp. 663 (1971) In the Matter of DEAN AND JEAN FASHIONS, INC., Bankrupt. No. 70-430. United States District Court, W. D. Oklahoma. June 30, 1971. *664 Thomas J. Lee, Paul G. Darrough, Oklahoma City, Okl., for Hugh and Willa Jean Lawson. Norman E. Reynolds, Robert C. Bailey, Oklahoma City, Okl., for trustees. MEMORANDUM DAUGHERTY, District Judge. The trustee applied to the Referee in Bank...
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OPINION This judicial odyssey had its genesis in the attempt of the township of Perry, in Greene County, Pennsylvania, to extract an earned income and occupational privilege tax (collectible through withholding by their employer) from the miners (residents of West Virginia) who extract coal from the bituminous deposits underlying said township. On January 27, 1968, Perry Township levied a $5 tax ...
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MEMORANDUM AND ORDER Plaintiff alleges he was wrongfully discharged from the postal service and brings this suit for reinstatement and money damages. It is presently before the court on defendant's motion for summary judgment. The facts of record come to us from a certified copy of the post office department’s file and an affidavit by plaintiff, Joseph R. Endres. They show that on July 5, 1969, he...
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329 F.Supp. 919 (1971) UNITED STATES of America, Plaintiff, v. SYBRON CORPORATION, Defendant. Civ. A. No. 41254. United States District Court, E. D. Pennsylvania. June 30, 1971. Donald F. Melchior, Roy E. Green, Roy L. Ferree, Dept. of Justice, Washington, D. C., for plaintiff. Robert A. Bicks, David S. Patterson, Charles Kadish, Paul E. Arneson, Edwin P. Rome, Blank, Rome, Klaus & Comisky, P...
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MEMORANDUM AND ORDER This matter is before the court on a motion to dismiss a survival and wrongful death action on the ground that diversity of citizenship has been “manufactured.” Plaintiff, a New Jersey resident, is the administratrix of the estate of her brother-in-law, who was a resident of Pennsylvania. Third party defendant, Horn A. Song, who filed the instant motion, is a Pennsylvania res...
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329 F.Supp. 959 (1971) CONTINENTAL-WIRT ELECTRONICS CORPORATION, a Pennsylvania corporation, Plaintiff, v. SPRAGUE ELECTRIC COMPANY, a Massachusetts corporation, Defendant. Civ. A. No. 43743. United States District Court, E. D. Pennsylvania. June 30, 1971. *960 *961 Thomas J. Mullaney, Philadelphia, Pa., for plaintiff. Arthur G. Connolly, Jr., Wilmington, Del., for defendant. ADJUDICATION DITTER...
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OPINION Plaintiffs, an unincorporated community association interested in local mental health programs, and individual residents of the North Philadelphia area, have brought this action for monetary, injunctive and declaratory relief against defendants. Plaintiffs seek to rectify alleged misconduct and irregularities in the operation and administration of the Temple Community Mental Healt...
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MEMORANDUM Following the return of a jury verdict of guilty on two counts of interstate transportation of falsely made and forged checks, William Edward Beard moved for a new trial, challenging the identification of him by the Government’s witnesses. Beard was indicted on September 16, 1969, together with Harold Garrison, for offenses occurring in York, Pennsylvania, on or about October 18 and Oct...
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MEMORANDUM AND ORDER Before the Court is the request of Charles Vanderhost for a writ of habeas corpus. Relator was charged with unlawful possession of drugs, No. 885 July Sessions 1959 (Philadelphia County). On October 16, 1959 relator, who was represented by Leon Sobel, Esquire, entered a plea of guilty before Judge Byron Milner. The Commonwealth also made an averment of prior conviction in an a...
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MEMORANDUM Before the Court is the request of Harvey Taylor for a writ of habeas corpus. Relator was indicted in Philadelphia County on a charge of aggravated robbery (No. 594 February Sessions 1966). After trial on March 17, 1966, he was convicted of the charge and sentenced to a term of one to two years imprisonment. Relator filed a petition under the Pennsylvania Post-Conviction Hearing Act [PC...
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329 F.Supp. 892 (1971) Teresa Anna GOLABEK v. REGIONAL MANPOWER ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. Civ. A. No. 70-2231. United States District Court, E. D. Pennsylvania. June 30, 1971. *893 Faith R. Whittlesey, Asst. U. S. Atty., on briefs for plaintiff. Franklin Abrams, New York City (Jerome Zaleski, Philadelphia, Pa., with him on brief), for defendant. MEMORANDUM AND ORDER DITT...
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MEMORANDUM AND ORDER This is a complaint, whereby it is in dispute the payment of $5,000.00 to Herminia Diaz Perez, as widow of the intes*44tate insured Maximino Rosario Perez, under a National Service Life Insurance Policy. On March 21, 1967, the insured committed suicide, while a resident of Mount Holly, County of Burlington, New Jersey. Subsequently, Herminia Diaz Perez, who claimed to be wido...
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MEMORANDUM ON MOTIONS TO DISMISS The plaintiffs, Kathleen Carter, Rita Parrish, Cecilia Stephens, Charles Ellis Dreyfus, Theresa Ludvigson and George Armstrong, brought this action against the City of Fort Worth, its City Secretary (R. A. Bateman) and its Mayor (R. M. Stovall), and the Attorney General of the State of Texas (Crawford Martin) seeking to enjoin a city bond election and the certifica...
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OPINION Three cases now before the Court raise similar issues and are consolidated for purposes of this opinion. In Civil No. 280-1970, Division of St. Croix, Eunice Williams, through her counsel the Virgin Islands Community Legal Services, has filed a complaint against her husband seeking a divorce. Defendant husband has failed to make an appearance and the matter is now before the C...
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*1354 OPINION AND ORDER Before FAIRCHILD, Circuit Judge, and REYNOLDS and GORDON, District Judges. This is an action challenging the constitutionality of Wisconsin Statute § 247.05(3) 1 which requires that before an action for divorce may be commenced, one of the parties must be “a bona fide resident of this state for at least 2 years.” Jurisdiction is established under Title 28 U.S.C. §§...
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DECISION and ORDER The defendant, Northern Upholstery, Inc., has brought a motion for an order dismissing the action or, alternatively, to quash the return of the service of the summons upon it. The action was originally commenced in December, 1969. The plaintiffs seek to recover damages as a result of an accident involving an allegedly defective “mobile tracked vehicle.” On January 22, 1971, the...
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This is a class action challenging the federal constitutional validity of Alabama’s present ad valorem tax program. The crucial question presented in the case is whether the Due Process and Equal Protection Clauses of the Fourteenth Amendment require the State of Alabama to assess all property within the state at a uniform ratio for ad valorem tax purposes. Plaintiffs, all of whom are citizens of ...
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MEMORANDUM OPINION Plaintiffs sue the Defendant for an injunction and a statutory minimum damage of $250.00, plus costs and attorney’s fee in each of four causes of action for infringement of copyright laws relating to what appears to have been four accidental playings of records by Defendant in the month of July, 1970. The basis of this suit is that on July 7 and 8, 1970, Defendant, on four occas...
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ORDER These are motions (1) by the United States to be dismissed as a party defendant and (2) by the Intervenor for summary judgment against the United States. These motions were filed in a case wherein the personalty of plaintiff Little River Farms, Inc. was advertised and sold, after levy, according to statute, for payment of back income taxes. Plaintiff Holloway simultaneously filed an amendme...
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FINDINGS OF FACT 1. This is a civil action seeking damages for alleged misappropriation of certain proprietary rights (trade secrets) of Plaintiff by Defendant. 2. Plaintiff, Crown Industries, Inc., (hereinafter referred to as “Crown”), is a corporation incorporated under the laws of the State of Wisconsin with its principal place of business in the State of Wisconsin. Plaintiff is t...
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JUDGMENT AND ORDER On June 8, 1959, after having been convicted of theft in Tensas Parish, petitioner Alphonse Johnson was sentenced to the Louisiana State Penitentiary for a period of ten years. While on parole, after having served one-third of this ten year sentence, the petitioner pled guilty to a charge of simple burglary in the Twentieth Judicial District Court of Louisiana on January 11, 196...
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“An injured friend is the bitterest of foes.” 1 The bitter foes in this patent infringement action, Lee Matherne and Darwin A. Miller, were two of the three original directors of Superior Testers, Inc. Superior’s third director was Matherne’s wife. Superior had obtained an exclusive license to use certain pipe-testing equipment from Brown Oil Tools, Inc., which held patents on the eq...
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MEMORANDUM Defendant, James Joseph DiPrima, has been indicted for robbery of a bank which had deposits insured by the Federal Deposit Insurance Corporation. Defendant has moved to suppress two items of evidence, a white paper note pad and a felt marking pen which defendant asserts were obtained by law enforcement authorities in an unconstitutional search and seizure. The search and seizure in this...
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MEMORANDUM OPINION On May 18, 1970 plaintiffs, Willie Mae Triplett and Lula Williams, brought this action pursuant to 42 U.S.C.A. § 1983 and 28 U.S.C.A. § 2201 for injunctive and declaratory relief restraining defendants from excluding welfare mothers and other caretaker relatives, who are receiving assistance under the State of Mississippi’s Aid to Dependent Children Program, from the Mississi...
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ORDER The Charlotte-Mecklenburg schools are now being operated pursuant to a decision of the Supreme Court of the United States in Swann, et al. v. Charlotte-Mecklenburg Board of Education, et al., 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971), which affirmed previous orders of this court respecting desegregation of the schools. On June 17, 1971, the defendants submitted incomplete proposa...
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MEMORANDUM OPINION AND ORDER The defendant has submitted a motion, purportedly under F.R.Civ.P. Rule 59(e), for the Court “to alter or amend the judgment heretofore [sic] entered in this action * * Since, however, that Memorandum Opinion and Order was interlocutory and thus not subject to the restrictions of Rule 59, the Court will consider the defendant’s motion rather as one merely for reconside...
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MEMORANDUM OPINION Taxpayer, the First National Bank & Trust Company of Chickasha, Oklahoma, seeks refund of income taxes assessed and paid by reason of the disallowance of a claimed loss arising from the demolition of a building acquired by it. The parties have stipulated to certain facts *1148in the case and have submitted the same to the Court for decision based thereon. Taxpayer, by a Contrac...
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MEMORANDUM AND ORDER Petitioner is now before this Court on a motion in forma pauperis, requesting an order requiring the Clerk of this Court to furnish him with: (A) Transcripts of the above captioned action (B) Warrant(s) of arrest, with complaint (C) Notes of testimony of trial, arraignment, etc. (D) All motions in opposition entered by the government (E) All motions entered in defendant’s beha...
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OPINION AND ORDER Presently before the Court is defendant’s motion for a change of venue to the District Court for the Western District of Pennsylvania. Plaintiff instituted this action under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. alleging that during the course of his employment with defendant railroad he was negligently subjected to unreasonably loud noises the result of wh...
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MEMORANDUM ORDER This action is brought by Dora Joyce Prieto and Frank Prieto as guardians of Damon Patrick Prieto claiming damages against defendant for illegal interference with a reasonable expectancy. Plaintiff Damon Patrick Prieto is a minor child who is duly enrolled as member of the Agua Caliente Band of Mission Indians. Pursuant to the Mission Indian Relief Act of January 12, 1891, 26 Sta...
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MEMORANDUM OPINION AND ORDER Plaintiff, a Colorado resident, is about to be inducted into the Army. He brought this action, pursuant to 28 U.S. C. §§ 1331, 1361, 2201, 2202, seeking both a declaration that the order to report for induction is invalid and temporary and permanent injunctions restraining defendants from acting upon the order. This court issued a tempo*1374rary restraining order and ...
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MEMORANDUM This matter came on for trial before the Court. Plaintiff, a Delaware corporation doing business in the District of Columbia as the Rock Creek Ginger Ale Company, sued defendant Thermice, a Pennsylvania corporation having its principal office in Philadelphia, Pennsylvania, and doing business in a substantial number of states, including the District of Columbia, for breach of co...
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OPINION In this proceeding American Home Products Corporation, on behalf of its Wyeth Laboratories’ division *613(“Wyeth”), moved for leave to file an amended complaint requesting declaratory and injunctive relief prohibiting the Commissioner of Food and Drugs (“the Commissioner”) from withdrawing certification of Wycillin SM-600,1 one of Wyeth’s fixed combination antibiotic drugs. This case was l...
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ORDER OF DISMISSAL This cause came before the court on the motion of the defendant, Dun and Bradstreet, Inc., to dismiss the amended complaint of the plaintiff for failure to state a claim upon which relief might be granted. The court issued an order on May 13, 1971, granting the defendant’s motion to dismiss plaintiff’s original complaint for the reason, that plaintiff’s complaint only supported...
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Opinion and Order In this habeas corpus proceeding petitioner, a sergeant in the United States Army, seeks a discharge from the Army as a conscientious objector. The Army, pursuant to Department of Defense Directive No. 1300.6, has issued Army Regulation No. 635-20 (hereafter A.R. 635-20), the latest version thereof being dated July 31, 1970, effective August 15, 1970, which sets forth the polic...
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Plaintiff has instituted this action against Local No. 24 of the International Brotherhood of Electrical Workers (IBEW) and the International President (IP) of the IBEW under the provisions of the Labor-Management Reporting and Disclosure Act (LMRDA), also known as the Landrum-Griffin Act, 29 U.S.C.A. § 411 et seq. Plaintiff alleges that certain acts by the defendants have violated his rights ...
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MEMORANDUM OPINION In this action brought under 28 U.S.C. § 1345, the United States, plaintiff, sues Pete Brown Enterprises, Inc., a corporation domiciled at Water Valley, Mississippi, defendant, to recover damages for conversion. The complaint seeks a judgment for $2,487.50, plus accrued interest, for poultry allegedly subject to a Hen held by the government and purchased by defendant. U...
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FINDINGS AND OPINION Plaintiff, Donald Beishir, a state convict confined in the Missouri State Penitentiary, seeks damages and injunctive relief pursuant to 42 U.S.C. § 1983, to redress the alleged deprivation, under color of state law, of rights secured to him by the eighth and fourteenth amendments to the Constitution. In addition to monetary damages, plaintiff Beishir seeks injunctive and de...
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JUDGMENT OF DISMISSAL FOR FAILURE OF PLAINTIFF TO JOIN PROPER PARTIES, FAILURE TO STATE A CLAIM WITHIN FEDERAL JURISDICTION AND TO OBTAIN SERVICE Jurisdiction in this action is based upon diversity of citizenship under § 1332, Title 28, U.S.C., and also apparently based on the Securities Acts of 1933 and* 1934, including possibly § 78j, Title 15, United States Code, and Rule 10b-5 of the Securiti...
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OPINION AND ORDER Before ALFRED P. MURRAH, Chairman and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER and STANLEY A. WEIGEL, Judges of the Panel. When Columbia Broadcasting System, Inc. (hereinafter CBS) filed its motion to transfer all related cases to the District of Massachusetts for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407, there were a ...
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MEMORANDUM Having found defendants guilty of criminal contempt on June 15, 1971, the court immediately imposed sentences of 10 days in prison and $500 upon the individual defendants and $500 upon the union. Shortly thereafter, the Assistant United States Attorney, acting for both sides, brought to my attention that the two-legged sentence, imposed upon the individual defendants, violated the lette...
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*1103OPINION In this civil non-jury proceeding jurisdiction has been invoked pursuant to the Hours of Service Act, 45 U.S.C.A. §§ 61(a)-64b. Reduced to its most simple expression, the United States contends that the defendant, Baltimore and Ohio Railroad Company, violated the provisions of said law by requiring and permitting three telegraphic operators to remain on duty for more than nine hours i...
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OPINION AND ORDER Plaintiff was granted the right to participate in the Food Stamp Program *571under the Food Stamp Act of 1964, Title 7 U.S.C. § 2011 and subsequent sections. On or about September 15, 1969, plaintiff was informed it had violated the regulations governing the Food Stamp Program. Following a hearing (limited in many ways) plaintiff was informed it had been found in violation of th...
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OPINION This action has been brought 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 the plaintiff’s application for a waiver of the government’s right to recover overpayments made to the plaintiff. From a special determination on November 10, 1967 it was revealed that the governm...
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*1198 Memorandum Opinion On June 24, 1971, this Court entered its most recent decree in subject case dealing with the racial integration of the public schools in the City of North Little Rock, Pulaski County, Arkansas. In its decree the Court stated that it was preparing and would shortly file a memorandum opinion incorporating its findings of fact and conclusions of law relevant to the issue...
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Petitioner, a prisoner at the United States Penitentiary at McNeil Island, presents here a Motion to Vacate his *80judgment of conviction for violation of 21 U.S.C. § 176a (sale of marijuana, knowing it to have been imported or brought into the United States contrary to law). He appears in propria persona. Allowed to proceed in forma pauperis, Alaway bases his attack on the claim that the Statute ...
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OPINION AND ORDER Plaintiff Fitzgerald was separated from his federal employment as Deputy for Management Systems, Office of the Secretary of the Air Force, on January 5, 1970. The termination was purported to be based on the abolition of the position through a reduction in force proceeding. Plaintiff appealed to the Civil Service Commission alleging that his separation from the federal service w...
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MEMORANDUM OPINION AND ORDER The Defendants, Michael G. Thevis and Peachtree News Company, Inc., entered a plea of not guilty to a twelve-count indictment charging them with violations of a Federal Obscenity Statute, to wit, Title 18, U.S.C., Section 1462.1 Count One of the indictment charges, “ * * -fcliat the Defendants, Michael G. Thevis and Peachtree News Company, Inc., did wilfully and knowi...
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ORDER Pursuant to an agreement between the parties this teacher dismissal case has been submitted to the court for entry of a final order, which will summarize relief previously granted and dispose of all remaining issues. With these objectives in mind, the court considers it appropriate to review the case developments to date. Pursuant to 42 U.S.C. § 1983; 28 U.S.C. §§ 1331(a), 1343(3); plai...
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ORDER ON MOTION TO VACATE OR TO ALTER This diversity action for breach of contract was tried non-jury before this court and the court awarded plaintiff damages of $102,155.44 and allowed a set-off of $62,288.46 against plaintiff. Defendant has now moved this court to vacate or alter its order of December 29, 1970, 326 F.Supp. 1280, and the judgment entered on this order. In the motion to ...
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MEMORANDUM OPINION Defendants’ Motion to Dismiss This is, ostensibly, a class action products liability case. Plaintiff, City of Chicago (City), is an Illinois municipal corporation. City is bringing this action on its own behalf and on behalf of all Illinois citizens who are residents of the municipality. Defendants are nine out-of-state corporations, each of which is primarily enga...
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This suit for damages under the Civil Rights Act1 is before the Court on defendants’ Motion for Summary Judgment. Plaintiff’s complaint alleges that on September 15, 1969, while an inmate at the Louisiana State Penitentiary and while asleep in his bunk, he was brutally stabbed three times by another inmate, Willie Edmonson, a mentally deranged person. Plaintiff’s suit is against various Louisiana ...
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On September 10, 1965 Hurricane Betsy, in all her fury, struck the Port of Baton Rouge, Louisiana. She was described at the time as probably the most destructive hurricane of modern times. Barges, tugboats, and other vessels were destroyed by the hundreds between the Ports of Baton Rouge and New Orleans. One such vessel was the barge MTC-602, laden with 600 tons of liquid chlorine. After the si...
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Plaintiff, Lee Hopson, brought this action against Karl Grammerstorf Schiffahrts G.M.B.H. in personam, and the M/V Karl Grammerstorf in rem to recover damages for injuries he allegedly sustained while working on the vessel on March 18, 1966. The defendants denied liability and filed a third-party complaint against the stevedore-charterer, Standard Fruit and Steamship Company, seeking indemnif...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an injunctive proceeding brought by Louisiana Power and Light Company (LPL) against defendants United Gas Pipe Line Company (United) and Pennzoil United, Inc. (Pennzoil) to restrain and enjoin the defendants from curtailing the supply of gas to plaintiff’s Sterlington and Nine Mile Point generating stations in Louisiana and ordering defendant...
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MEMORANDUM OPINION AND ORDER Plaintiff, Phoenix Insurance Company, seeks a declaratory judgment against Erwin Heberle Ford, Susan Newell, Administratrix of the Estate of Edward J. Byer, deceased, and Edgar Boucher, John W. Trudo, and Joe Steffes, Jr. The parties agreed upon a statement of facts for submission to the court on plaintiff’s motion for summary judgment, as follows: Phoenix was the ins...
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MEMORANDUM The plaintiff in this action, Linda Traudt, on behalf of herself and her infant son, has appealed from a final decision of the Secretary of Health, Education and Welfare pursuant to 42 U.S. C.A. § 405(g). As there is no dispute as to any material fact, this case now stands submitted upon the parties’ cross motions for summary judgment. On June 4, 1968, the plaintiff’s husband, Gaylord R...
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This action was brought pro se by the plaintiff in New York State Supreme Court and removed to this Court by the petition of certain defendants, including a former United States Attorney for this District, two United States District Judges and three Judges of the Second Circuit Court of Appeals (the Federal defendants). The prior litigation and the underlying controversies affecting most of the re...
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MEMORANDUM This is a motion for summary judgment by the defendant under Rule 56 of the Rules of Civil Procedure. Plaintiff Mougios is a stockholder of defendant W. R. Grace & Co. On December 3, 1970, Mougios purporting to act under Section 14 of the Securities Exchange Act of 1934 and Rule 14a-8 submitted to Grace a proposal for inclusion in Grace’s proxy materials of the following resolution: “B...
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This is an action to recover damages for the death of Charles R. Kropp (Kropp), an employee of Grumman Aircraft Engineering Corporation (Grumman), which occurred over the high seas (approximately fifty miles East of Montauk Point, Long Island, New York) when he exited an A3A aircraft, manufactured by the defendant Douglas Aircraft Co., Inc. (Douglas), owned by the defendant United States of Ame...
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MEMORANDUM This motion for a preliminary injunction against Alitalia-Linee Aeree Italiane, S.p.A. selling round-trip tickets to Rome at reduced youth rates, before filed tariffs have become effective, presents three basic questions: (1) Does the direction of the Italian Ministry of Transportation and Civil Aviation immunize Alitalia, a foreign air carrier, from following the requirements of federa...
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MEMORANDUM OPINION Plaintiff sues the Defendant under the Federal Tort Claims Act, 28 U.S.C. A. § 2671 et seq. Plaintiff’s administrative claim required by said Act has been denied. 28 U.S.C.A. §§ 2672 and 2675. Plaintiff’s action is timely brought. 28 U.S.C.A. § 2401(b). On a visit to a Federal prisoner at McNeil Island Federal Prison in the State of Washington on December 31, *1281968 the Plaint...
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*888MEMORANDUM OPINION AND ORDER I. STATEMENT OF FACTS Relator, a student at Drexel University and a member of the United States Army by virtue of his participation in advanced R.O.T.C.1, has petitioned this Court for a preliminary injunction restraining the Army from: (1) ordering him to six-week officers’ summer camp at Indiantown Gap, Pennsylvania,2 pending the Army’s disposition of his request...
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MEMORANDUM AND ORDER GRANTING PRELIMINARY INJUNCTION Before HAMLIN, Circuit Judge, and WEIGEL and PECKHAM, District Judges. I This is a class action for declaratory and injunctive relief and damages under the Civil Rights Act, 42 U.S.C. § 1983. The plaintiffs are mothers of minor children receiving benefits under the Aid to Families With Dependent Children (AFDC) program. Plaintiffs sue individua...
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MEMORANDUM OF DECISION ON PETITION FOR A WRIT OF HABEAS CORPUS Petitioner was convicted of manslaughter by a Connecticut Superior Court jury on May 20,1970. At his trial, pursuant to Conn.Gen.Stats. § 54-88 1 and Connecticut Practice Book § 479, 2 the state’s attorney was permitted to, and did, open and close the final argument to *342 the jury. Parsons is presently in custody at the Conn...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS James Dale Purkhiser has filed a Petition for Writ of Habeas Corpus seeking release from Florida State Prison where he is presently serving a 42 year and 2 month sentence imposed on July 3, 1968 in the Circuit Court of the Nineteenth Judicial Circuit of Florida for second degree murder. [Petitioner was originally convicted of first degree murder but...
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ORDER DISMISING PETITION FOR WRIT OF HABEAS CORPUS This is a petition for writ of habeas corpus filed by Leroy Walker, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2254. Petitioner is serving a life sentence imposed upon him by the Circuit Court in and for Dade County, Florida, following trial by jury and conviction of first degree murder. On the basis that the trial court erred in...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by the Secretary of Labor as plaintiff, against defendant, J. M. Fields, Inc., seeking to enjoin alleged violations of the Fair Labor Standards Act of 1938, Title 29, United States Code, § 201 et seq. and to restrain the defendant from withholding payment of back wages due employees under the Act. The gist of the action is the cl...
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The plaintiffs in these consolidated cases are claimants of certain “pinball” machines seized by F.B.I. agents for alleged failure of their owners to register with the Attorney General as required by 15 U.S.C. § 1173, part of the Gambling Devices Act of 1962, 15 U.S.C. §§ 1171-78. Plaintiffs seek to enjoin enforcement of the Gambling Devices Act on the ground that it is unconstitutional' on its fa...
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MEMORANDUM and ORDER Petitioner, proceeding pro se and in forma pauperis, seeks a writ of habeas corpus pursuant to 28 U.S.C.A. § 2241 et seq. (1971). Petitioner is attacking his 12 to 15 year term of confinement in the New Jersey State Prison at Rahway after a jury conviction in Union County Court on August 18, 1965 for robbery in violation of N.J.Stat.Ann. § 2A.-141-1 (1969). Petitioner’s convic...
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This is a motion by the plaintiff for an order compelling arbitration under the Federal Arbitration Act (9 U.S.C. Section 4). The defendants oppose the motion on two grounds: (1) that the existence of a prior action in the United States District Court for the Western District of Texas (Leonard Franklin, et al. v. Howard M. Lawn, A 71 Civ. Action No. 52) between the same parties and posing the s...
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OPINION Defendant, Soros Associates International, Inc., has cross-moved to dismiss the complaint in this action upon the ground that the issues presented by the complaint are referrable to arbitration, 1 or, in the alternative, to stay the trial of this action until arbitration has been had, 2 and to compel plaintiffs to arbitrate the dispute referred to in the “Dema...
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MEMORANDUM AND ORDER Relator has petitioned this Court to issue a writ of habeas corpus, alleging that his sentences were excessive and his guilty plea entered into unknowingly and unwillingly. For the reasons set forth in the opinion we deny the petition. Unfortunately, there was a substantial delay in the determination of this case because relator asserted that he had been convicted of violating...
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*1037 OPINION Following a six-week jury trial, Keith Farries, Billy H. Boulware, Alexander Tisdale, Stephen W. Ferguson, and Kenneth Swanson were convicted of mutiny and riot at the United States Penitentiary, Lewisburg, Pennsylvania, in violation of 18 U.S.C. § 1792. The defendants were also convicted on individual counts of assault on federal officers with and without dangerous weapons in v...
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DECISION AND ORDER The petitioner has submitted an application for a writ of habeas' corpus in which he alleges that the supervision to which he presently is subject under Wis-' consin’s mandatory release statute is an abridgement of certain of his constitutional rights. Leave has been granted to proceed in forma pauperis, and the respondent has. submitted a response to the petition. On March 24, ...
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OPINION (Sitting by Special Designation). Plaintiff here seeks a declaratory judgment, injunctive relief, and damages due to the alleged deprivation, under color of state law, of her rights, privileges, and immunities guaranteed by the 1st and 14th amendments of the United States Constitution. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343(3) (4), 28 U.S.C. §§ 2201-2, and 42 U....
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MEMORANDUM AND ORDER DENYING MOTION TO DISMISS This matter is before the court on the motion of defendants Scandinavian Airlines System and Scandinavian Airlines System, Inc., to dismiss the action for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b) (1). Plaintiff filed this action on May 29, 1969, alleging damages suffered in the crash of defendants’ airliner on January 13, 1969. The pla...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW ON INJUNCTIVE PHASE OF THE ACTION This Court has jurisdiction of this action under Section 102 of the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. § 412. The defendant union is a labor organization with its principal office in the District of Delaware. The defendant Park is and was at all times relevant Business. Manager...
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329 F.Supp. 123 (1971) Alta Oveta MIMS et al., Plaintiffs, v. The DUVAL COUNTY SCHOOL BOARD, a body corporate, et al., Defendants. Civ. No. 4598. United States District Court, M. D. Florida, Jacksonville Division. June 23, 1971. *124 *125 Drew S. Days, III, New York City, Norris D. Woolfork, III, Orlando, Fla., for plaintiffs. Yardley D. Buckman, Jacksonville, Fla., for defendants. MEMORANDUM OP...
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ORDER The Court has before it a verified petition filed by the Superintendent of the Duval County Schools and the Sheriff of the City of Jacksonville for injunctive relief. (The petition is annexed as Ex *1209 hibit “A”.) They allege that a concerted effort is being made to prevent the operation of Ribault Senior High School in accordance with the provisions of this Court’s final judgment, as...
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329 F. Supp. 1142 (1971) Ethel POTTHARST, bringing the following class action on her own behalf, and on behalf of all other persons similarly situated, Plaintiff, v. SMALL BUSINESS ADMINISTRATION, an agency of the United States Government, Defendant. Civ. A. No. 69-3030. United States District Court, E. D. Louisiana, New Orleans Division. June 23, 1971. Joseph E. Defley, Jr., Port Sulphur, La., f...
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329 F. Supp. 652 (1971) In the Matter of the Complaint of SINCERE NAVIGATION CORPORATION, as owner of the S/S HELENA, for exoneration from or limitation of liability and Consolidated Cases. Civ. A. Nos. 68-2254, 68-2243, 68-2250, 69-2340, 69-2341, 69-2535, 69-2613, 69-2628, 69-2742, 69-2743, 69-2854, 69-2855, 69-2889, 69-2899, 69-2903, 69-2923, 69-2924 and 70-40. United States District Court, E. ...
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329 F.Supp. 706 (1971) Bettye Joe BAKER et al., Plaintiffs, v. COLUMBUS MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Defendants. No. EC 70-52. United States District Court, N. D. Mississippi, E. D. June 23, 1971. *707 *708 Stephen J. Pollak and David Booth Beers, of Shea & Gardner, Washington, D. C., T. H. Freeland and G. A. Gafford, of Freeland & Gafford, Oxford, Miss., for plaintiffs. Shi...
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OPINION AND ORDER Since it appeared to the Clerk of the Panel that each of the above actions shared common questions of fact with the actions previously transferred to the District of Minnesota and assigned to Judge Phillip Neville for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407, a “Conditional Transfer Order” was entered transferring both actions to the District of Mi...
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MEMORANDUM OPINION ON PETITION FOR TENDER OF POLICY COVERAGE AND FOR LEAVE TO WITHDRAW FROM TRIAL PARTICIPATION BY HARTFORD ACCIDENT AND INDEMNITY COMPANY These actions were commenced in the New Hampshire State Court in April of 1968 and removed to this court on May 1 and 10,1968. They arise out of an accident which occurred in New Hampshire *248on April 9, 1966. The plaintiff alleges that the co...
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Petitioner, John A. McIntyre, presently incarcerated in the Brooklyn House of Detention, seeks his release through federal habeas corpus. On March 24, 1969, the Appellate Division, Second Department, set aside McIntyre’s convictions for the crimes of robbery in the first degree and felony murder upon the ground that there existed the possibility that race prejudice precluded him from receiving ...
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*545OPINION Defendants are charged in a ninety-count indictment with violations of 18 U.S.C. § 712. The government contends that defendants unlawfully engaged in the business of collecting private debts by forwarding communications to delinquent debtor-customers which were calculated to give the false impression that an official agency of the United States sought credit information. Defendants now...
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OPINION Our Circuit, in Bye v. United States, 435 F.2d 177, “first announced” 1 as the controlling rule in this district that a narcotic offender’s ineligibility for parole is a consequence of his plea of guilty, and a court’s omission to so inform defendant at the time of accepting the plea constitutes a failure to comply with Rule 11, F.R.Crim.P.2 Accordingly, the Court remanded this litigation3...
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ORDER Upon consideration of Defendant’s Motion To Suppress, briefs filed by both sides in connection therewith and the evidentiary hearing conducted by the Court on the said Motion, the Court finds that the said Motion should be denied. It appears that the evidence desired suppressed by the Defendant consists of two $1.00 bills produced by Defendant from his person at the request of United States ...
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MEMORANDUM AND ORDER This is an action for personal injuries by an employee against the defendant who sold a certain Bishman electric and air tire changer to plaintiff’s employer. The defendant contends that it is merely a middleman seller and that if the plaintiff was injured as alleged, the Bishman Manufacturing Company, who designed and manufactured the machine in question, is alone liable to t...
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MEMORANDUM AND ORDER The Court is presently called upon to. rule on the defendant’s motion to dismiss pursuant to Rule 12(h) of the Federal Rules of Civil Procedure, alleging lack of diversity jurisdiction. We grant the motion for the reasons set forth herein. Plaintiff instituted suit for injuries sustained when an automobile driven by one Joseph Donahue (whose complaint was severed) went over a ...
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OPINION On September 11, 1971, this Court decided the case of Dorado Beach Corp. v. Unión de Trabajadores de la Industria Gastronómica de P. R., Local 610, in which the Court vacated an arbitrator’s award which held that the arbitrator had jurisdiction to entertain a controversy that arose under an expired collective bargaining agreement on the ground that he added to, amended and completely disr...
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MEMORANDUM In this action the plaintiff Nell Jones sues the defendants Mary Eller and the United States to recover the proceeds from two National Service Life Insurance policies. This Court’s jurisdiction is based upon 38 U.S.C. § 784. The following facts have been stipulated by the parties. Plaintiff Nell Jones is a resident of White County, Tennessee. On May 14, 1956, she married Robert Love Ell...
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MEMORANDUM DECISION AND ORDER The last opinion of this Court in this case was filed on April 6, 1970 and is reported in 311 F.Supp. at 97. As is reflected by that opinion, this Court concluded that the Board’s tendered plan met the test of constitutionality and therefore we approved such plan. As is also reflected in that opinion, the Title IV Center of the University of Tennessee largely agreed w...
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MEMORANDUM OPINION AND ORDER This action is before the court on movant’s motion for an order requiring respondents to show cause why they should not be adjudged in contempt of this court for respondents’ alleged violation of a permanent injunctive decree issued by the court under date of December 30, 1969; further, on movant’s motion for supplementary injunctive relief to effect the bette...
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Opinion and Order: American Airlines, defendant in this action for breach of a shipment contract, has moved for a partial summary judgment on the theory that certain damages claimed by plaintiff are special and consequential and are, therefore, not recoverable. Jurisdiction is predicated upon diversity of citizenship and a claim for damages in excess of $10,000. 1 The undisp...
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OPINION AND ORDER This is a civil case in which plaintiff, an inmate of the Wisconsin State Prison, seeks a declaration that certain prison regulations concerning legal assistance among inmates constitute a denial of plaintiff’s constitutional rights; he further seeks to enjoin defendants from enforcing these regulations. Plaintiff presented his case in chief at a hearing held before this cou...
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*1139 Memorandum and Order These two companion cases, which arise under Chapter XIII of the Bankruptcy Act, 11 U.S.C.A. § 1001 et seq., are now before the Court on timely petitions for review of an order of the Referee affecting both cases. The debtors in the two cases are husband and wife who are joint owners of real estate covered by a mortgage in favor of petitioner, Pulaski F...
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OPINION I In 1963 the plaintiff was President, Director, and holder of approximately one-half of the outstanding shares of stock of a small contracting firm, Oxford Constructors Corporation (hereinafter “Oxford”). Lee Butler, Jr. owned the remaining one-half of the corporation. During the period here involved, Oxford had contracts with M. J. Bles Construction Co. for the construction of a p...
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MEMORANDUM OF DECISION On November 30, 1970, petitioner McLain was inducted into the Army pursuant to an order issued by Local Board No. 1, Hartford, Connecticut. He immediately filed a petition for a writ of habeas corpus, claiming that he is being unlawfully detained because the Board improperly refused to reopen his I-A-0 classification upon his request to reclassify him into 1-0 as a conscient...
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ORDER OF REMAND ON JUDGMENT OF SUPREME COURT IN THE NEW HAVEN INCLUSION CASES The Interstate Commerce Commission (the “Commission”) having certified to this court on December 2, 1968, a plan of reorganization (the “Plan”) for the *214Debtor, as set forth in the Commission’s Fourth Supplemental Report on Reconsideration and Further Hearing, dated November 25, 1968 (334 I.C.C. 25), providing for the...
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RULING ON PLAINTIFFS’ MOTION UNDER RULE 37 FOR SANCTIONS AND TO COMPEL FURTHER ANSWERS BY DEFENDANTS EMHART CORPORATION AND EATON, YALE & TOWNE, INC. TO PLAINTIFFS’ INTERROGATORIES — FIRST SET I. The interrogatory answers which are under attack are those filed by defendants Emhart Corporation and Eaton, Yale & Towne, Inc. For the most part, they are the same. In response to Interrogatories Nos. 2...
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OPINION These suits were brought by Kaiser Industries Corporation (“Kaiser”) and the other named plaintiffs against Wheeling-Pittsburgh Steel Corporation (“Wheeling-Pittsburgh”) and the Ford Motor Company (“Ford”) alleging that the defendants’ steelmaking process infringes United States Letters Patent No. 2,800,631 (the “Suess patent”), of which Kaiser, a Nevada corporation, is the exclus...
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329 F. Supp. 47 (1971) William R. BUTLER, Jr., d/b/a Butler Planting Company, Plaintiff, v. BUNGE CORPORATION, Third-Party-Plaintiff, v. Harold BAYLES, d/b/a Coahoma Grain Elevator, Third-Party-Defendant. No. DC 6948-K. United States District Court, N. D. Mississippi, Delta Division. June 22, 1971. *48 Pat D. Holcomb, William O. Luckett, Shed Hill Roberson, Clarksdale, Miss., Charles C. Jacobs, J...
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This is a petition for review of a decision of the Referee in Bankruptcy. The trustee of Tech Consolidated, . Inc., (hereinafter Tech) filed a “turnover” petition against Randy Manufacturing Co., Inc., (hereinafter Randy) for recovery of the value of Tech’s property, and a petition to require Randy to assume the duties of the bankrupt. Randy brought motions to quash service of process and to dismi...
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MEMORANDUM OPINION AND ORDER In this civil action, plaintiff seeks, inter alia, a declaration of her marital status. The suit is one for declaratory relief under 28 U.S.C.A. §§ 2201-2202, jurisdiction being predicated on diversity of citizenship and the required amount in controversy. 28 U.S.C.A. § 1332. The Declaratory Judgment Act, 28 U.S.C.A. §§ 2201-2202 is procedural only. Therefore, in order...
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On January 20, 1970, defendants John Anthony Masiello and John A. Masiello, Jr., were convicted, after a trial by jury, of various violations of Title 18, U.S.C. § 201(b) and conspiring to commit such violations. On March 19, 1969, a search and seizure had occurred incident to the arrest of co-defendant Thomas McKeever. A pretrial motion to suppress the evidence seized was denied by Judge Palmieri...
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MEMORANDUM incorporating FINDINGS OF FACT and ORDER Plaintiffs move for an injunction pendente lite, against the Maritime Administration’s disbursing to the de*226fendant AGAFBO carriers any part of the $80,000,000 appropriated by the Second Supplemental Appropriation Act, 1971, for the fiscal year ended June 30, 1971 (P.L. 92-18, 85 Stat. 40, approved May 25, 1971). Of the $80,000,-000 about half...
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OPINION Because of the procedural situation, to be described, this one opinion shall apply as indicated to the two separate but related actions captioned above. A motion is pending in each matter; in the first, the National Labor Relations Board (“NLRB”) seeks a preliminary injunction against alleged violations by respondents of 29 U.S.C. § 158(e), pending final determination of the issue by the ...
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ORDER REMANDING CASE The above Plaintiff sued the above Defendants in Oklahoma State Court as a result of an airplane crash in Colorado. Plaintiff was a passenger in the airplane and claims to have sustained personal injuries and certain losses as a result of said crash. The citizenship of the parties appears to be as follows: Plaintiff Morrison Texas Defendant Jack Richards Aircraft Oklahoma Def...
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329 F.Supp. 427 (1971) RESIDENT ADVISORY BOARD by Rose Wylie, Trustee ad litem, et al., Plaintiffs, v. James H. J. TATE, Mayor of Philadelphia, et al., Defendants. Civ. A. No. 71-1341. United States District Court, E. D. Pennsylvania. June 22, 1971. *428 Charles W. Bowser, Michael Sklaroff, Alan E. Casnoff, Stanley M. Walker, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs. Levy...
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MEMORANDUM OPINION Habeas corpus. On January 8, 1969, relator pled guilty in the Delaware County Court of Common Pleas to the crime of larceny and receiving stolen goods (Bill of Indictment No. 660, September Sessions, 1968). At the same time two other Bills of Indictment (Nos. 661, 662) were apparently nolle prossed. A sentence of one and one-half to three *796years was thereupon imposed under B...
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OPINION AND ORDER I. PRELIMINARY STATEMENT. We are called upon to measure against the equal protection clause of the Four*1017teenth Amendment, regulations of the Pennsylvania Department of Public Welfare which determine allowances for shelter and utilities to recipients of public assistance.1 A three-judge court has been convened because the case involves a federal constitutional attack upon welf...
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MEMORANDUM OPINION Plaintiff, El Paso National Bank, seeks a refund of federal income taxes *491 and interest totaling $9,577.84, assessed as a deficiency for the year 1966 following disallowance of a deduction for payment of state and local ad valorem taxes. All prerequisites for jurisdiction have been met pursuant to 28 U.S.C., Section 1346(a) (1). The question for dec...
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MEMORANDUM OPINION The petitioners have applied for orders requiring the respondents to furnish them, free of charge, with copies of all state court transcripts and other records pertaining to their convictions. Petitioner Harlow filed his petition in the United States District Court for the Eastern District of Virginia, which court ordered that he may proceed in forma pauperis and transferred the...
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MEMORANDUM OPINION Plaintiffs, as lower riparian landowners, seek damages and injunctive relief for alleged water pollution. This action was filed on behalf of some 65 named plaintiffs “and all others similarly situated.” Plaintiffs allege that they are riparian landowners along the Warrior River, a navigable waterway, and some of its tributary creeks which run through the industrial...
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MEMORANDUM OPINION AND ORDER This civil action is brought pursuant to 42 U.S.C. Section 1983 to seek relief for state prisoners from alleged deprivation of their constitutional rights secured by the due process and equal protection clauses of the 14th amendment by state prison officials in prison disciplinary hearings. More specifically, they allege that the procedures by which charges of...
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QUESTION PRESENTED This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g) (Supp. V, 1965-1969) (the Act), to review a decision of defendant Secretary of Health, Education and Welfare (the Secretary) denying plaintiff’s claim for disability insurance benefits based on an application for such benefits filed March 14, 1968. Cross-motions for su...
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Plaintiffs seek (1) in a qui tam action, recovery of an informer’s one-half interest in the penalty prescribed for discharging refüse into a navigable water of the United States in violation of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 407 and 411 (1964); and (2) injunctive relief to prevent future discharge of refuse. Defendant before answering has moved to dismiss, inter alia, for lack of...
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This action arises out of a merger of five corporations consummated September 19, 1969 (Waltham, MIF, Canaan Corporation and its two wholly owned subsidiaries, MIF Industries and Learning Centers, Inc.). Plaintiffs are the surviving corporations. Defendants were stockholders and officers of the merged corporations (Canaan and MIF Industries). The surviving MIF corporation is a Delaware corporation...
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ORDER Hearing was held before the court on June 10,1971, on recommendations of the parties for implementation of the Fifth Circuit Court order of August 18, 1970, 432 F.2d 362, and the orders of this court of August 28 and September 4, 1970, and on the plaintiffs’ motion of May 20,1971. Testimony of certain school board staff members was taken, written statistical information received, and oral ar...
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This is an action for declaratory and injunctive relief arising out of the discontinuance by the Burlington Northern Railroad of two trains operating between Chicago, Illinois and West Quincy, Missouri. Plaintiffs are various charitable and municipal corporations which purport to represent all citizens of Macomb and Quincy, Illinois who are affected by the termination of railway service to and ...
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MEMORANDUM This case, having been properly removed to this court from the Logan Circuit Court of Kentucky by the defendants, is before the court for consideration of a motion by the Tennessee Valley Authority (hereinafter the T.V.A.) to dismiss the complaint for failure to state a claim upon which relief may be granted. The plaintiffs are suing the defendants for injuries to their pr...
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This subject matter has been with us for some time. It has its genesis when Brown & Root (Brown) sued O. R. Stephens and others (Civil Action No. 8166-A), alleging anti-trust violations. Brown & Root, Inc. v. Big Rock Corp., 383 F.2d 662 (5th Cir., 1967). Prior to the trial counsel for Brown notified the Court that it did not care to prosecute its anti-trust claim unless it was necessary to do ...
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MEMORANDUM AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state prisoner currently confined in the custody of the Texas Department of Corrections at Huntsville, Texas, has filed in forma pauperis a petition for writ of habeas corpus challenging the validity of a detainer placed against him as the result of certain underlying charges in the Circuit Court of ...
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OPINION AND ORDER This matter is before the Panel pursuant to its order directing the parties to the actions listed on Schedule A to show cause why those actions should not be transferred to a single district for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407. Responses were received from all interested parties and a hearing was held in Washington, D. C., to hear ...
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This is a second motion by defendant for a summary judgment in its favor. Fed.R.Civ.P. 56. The motion must be denied. The action is for refund of income taxes paid by plaintiff for the two years ending respectively on December 31, 1953 and December 31, 1954. 26 U.S.C. § 7422. Jurisdiction is asserted, and appears to exist, under 28 U.S.C. § 1346(a) d). Plaintiff in 1947 issued thirty year 3% deben...
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A divided Court (Jones, D. J., dissenting) on February 23, 1971, entered a declaratory judgment and opinion (see Appendix) in this case holding unconstitutional portions of Article 36A, Chapter *84314 of the North Carolina General Statutes, entitled Riots and Civil Disorders (the Act). Injunctive relief was not awarded. Following the entry of the judgment and opinion in this case, opinions of the ...
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OPINION Upon trial of this personal injury action the jury returned a verdict in favor of the guardian of the minor plaintiff for $32,650 and in favor of the minor’s parents for $8,324. By its verdicts the jury found the defendant, Quaker State Coca-Cola Bottling Co., (Quaker State) solely liable and absolved the defendants Swain School, Inc. (Swain), and L. A. Solt, individually and d/b/a Solt’s ...
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329 F. Supp. 418 (1971) Norman C. GRAY, Jr., et al., Plaintiffs, v. J. Shane CREAMER, Attorney General of the Commonwealth of Pennsylvania, et al., Defendants. Civ. A. No. 71-445. United States District Court, W. D. Pennsylvania. June 21, 1971. Ronald Berlin, James H. Logan, Harry F. Swanger, Mark Senick, Neighborhood Legal Services Assn., Michael Louik, Pittsburgh, Pa., for plaintiffs. J. Shane ...
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OPINION In this medical malpractice action trial to a jury resulted in answers to interrogatories, which exonerated one defendant, Dr. Delp, and found the other defendant, Pottstown Memorial Medical Center (hereafter called hospital) negligent. However, the jury was unable to agree upon an answer to the interrogatory which asked whether negligence of the hospital was a proximate cause of minor ...
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MEMORANDUM AND ORDER Fred Lee Jones, movant, was indicted on two counts of bank robbery in violation of 18 U.S.C. § 2113(a), (d) and was found guilty by a jury along with two co-defendants on May 6, 1969. After commitment for study, 18 U.S.C. § 4208(e), final sentence was imposed on October 30, 1969, committing the defendant to imprisonment for 15 years, to be eligible for parole within the discre...
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OPINION AND ORDER This case is before the Court on motions by Defendants National Packing Company, Ralston Packing Company, and Seafarers International Union of Puerto Rico, Caribe and Latino America, affiliated to the Seafarers International Union of North America, to dismiss an action brought by plaintiffs, twenty-five employees of National Packing Company, seeking injunctive and declar...
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MEMORANDUM DECISION Following a trial by jury Joyce was found guilty of failing to report for and submit to induction into the Armed Forces of the United States in violation of 50 App.U.S.C. 462. Ruling was reserved by this court on several motions for judgment of acquittal, a new trial, and dismissal of the indictment. These motions are now before this court for decision. In view of this court’s ...
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MEMORANDUM OPINION AND ORDER In this cause of action Plaintiff seeks to recover money allegedly due him under Defendant’s Annuities & Benefits Plan. Both the Plaintiff and Defendant have filed Motions for Summary Judgment and briefs in support thereof. There is no dispute as to the facts of the ease. Dupree began working for Gulf Oil Corporation in 1936. In March, 1967, he allegedly suffered a ba...
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OPINION and JUDGMENT The present action comes to the attention of this Court by a complaint filed by the plaintiff, Mrs. Mary B. Holliman, seeking to compel the defendants, the Board of Visitors of Radford College and Charles K. Martin, its president, to reinstate plaintiff to her former teaching position and award damages for the allegedly illegal nonretention. The present claim is ...
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MEMORANDUM ORDER This matter came on to be heard upon the motion of certain intervenors to set aside the court-ordered sale of the Tug FRANK T. SHEARMAN. The sale was held at 12:00 o’clock noon, June 8, 1971. The record indicates that the motion to set aside the sale was lodged with the Clerk at 2:10 P.M., June 15, 1971. Local Rule No. 5(b) dealing with Sales by the United States Marshal and ...
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DECISION and ORDER In this action there are three defendants who are charged in a 12-count indictment involving allegedly forged money orders. Not all of the counts involve all three defendants, but each defendant is named in three or more of the counts. All except two of the counts name two of the defendants. There are now before the court 14 motions. The government has moved that the court order...
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This lawsuit, involving the suspension' of a high school student from a public school, presents two issues of federal constitutional dimension. One issue is whether a public school regulation forbidding students from wearing “provocative symbols” upon their clothing is violative of the First and Fourteenth Amendments. The second issue presented is whether the suspension of a student for refusal t...
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MEMORANDUM OPINION Alga, Inc., Petitioner in the above-styled cause, brings this cause against Police Commissioner Rucker and District Attorney Crosland to enjoin prosecution by city and county authorities of the Petitioners in cases arising under the so-called anti-obscenity law of the State of Alabama, to obtain a declaratory judgment concerning constitutionality and for damages for alleged har...
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MEMORANDUM DECISION AND ORDER On January 31, 1969, plaintiff, a woman serving as a regular officer in the United States Marine Corps, was discharged from the service pursuant to the provisions of Paragraph 2102.3c, Marine Corps Separation Manual,1 which requires termination of the commission of any woman serving in the Regular Marine Corps when it is reported that she “is the step-parent of a chil...
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MEMORANDUM OPINION Plaintiff brings this action under 42 U.S.C. § 2000e-5, which prohibits discrimination in employment practices on the basis of race, color, religion, sex or national origin. Defendant admits that plaintiff submitted an application for employment as a flight officer, and asserts that the reasons plaintiff was not employed had nothing to do with his race. Plaintiff’s initial ...
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MEMORANDUM AND ORDER This cause was tried to the Court without a jury. Jurisdiction is predicated and accepted by reason of diversity of citizenship and the requisite jurisdictional amount. To facilitate an understanding of the issues in this controversy, the Court believes it is helpful to set forth some of the salient facts and the respective contentions of the opposing parties. Plaintiff...
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329 F. Supp. 487 (1971) Lawrence REIDINGER, Jr., Admr., et al., Plaintiffs, v. TRANS WORLD AIRLINES, INC., et al., Defendants. No. 1341 and all related cases. United States District Court, E. D. Kentucky, Lexington Division. June 18, 1971. *488 Lester & Reidinger, Newport, Ky., for plaintiffs. O'Hara, Ruberg & Cetrulo, Covington, Ky., Chadbourne, Parke, Whiteside & Wolff, New York Cit...
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MEMORANDUM OPINION Robert O. Brenham, a brakeman for Southern Pacific Company, injured his back on a piece of junk which was lying on the Railroad’s right-of-way. At the time of the accident the train on which Brenham was working was on a spur track located within the boundaries of Sutton’s Junk and Salvage Yard. On April 3, 1967, Brenham filed suit against Southern Pacific Company un...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is a class action under the Civil Rights Act, 42 U.S.C. § 1983, seeking injunctive relief against the censorship by the Maine State Prison authorities of so-called “legal mail,” that is, inmate mail to and from courts and attorneys. Jurisdiction is conceded under 28 U.S.C. § 1343(3). The named plaintiff and the members of the plaintiff cla...
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MEMORANDUM OPINION The above styled and numbered income tax recovery cases filed pursuant to Title 28 U.S.C. § 1346(a) were consolidated by this Court pursuant to the agreement of all parties hereto inasmuch as the parties plaintiff are related through stock ownership, all issues arise from examination of income tax returns of the corporate plaintiff in Civil Action No. 4421. These ca...
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MEMORANDUM Plaintiffs move pursuant to Rule 56, F.R.Civ.P. for partial summary judgment directing the defendants to account for royalties due to the plaintiffs pursuant to a patent license agreement dated July 12, 1962, for the period from January 1, 1969 through March 26, 1970, and to pay over to plaintiffs such amounts as may be found to be due, with interest. Plaintiffs instituted this action ...
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MEMORANDUM OPINION and ORDER Now comes this cause before the court on Defendant’s Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure filed in a civil action wherein Plaintiff seeks to obtain review of a “final decision” of the Secretary of Health, Education and Welfare on a claim for child’s insurance benefits filed on behalf of plaintiffs adopted grandchildren...
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MEMORANDUM OF DECISION AND ORDER Petitioners, Gene Wayne Garrett and Charles Leonard Brank, are presently detained in North Carolina Central Prison in Raleigh serving sentences of twenty-five (25) to thirty (30) years for armed robbery imposed at the February 3, 1969, Schedule “D” Criminal Session of the Superior Court of Mecklenburg County upon their convictions by a jury. Petitioners duly appeal...
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OPINION The defendant, David Everett Palmer, was tried before the Court on December 18, 1970 on a waiver of jury trial. The charge is set forth in a one count indictment under 50 U.S.C. App. § 462 — failing to perform a duty required by the Selective Service Act by refusing to report for civilian work as required by 50 U.S.C. App. § 456(j). To this charge, the defendant is found guilty. FINDINGS O...
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OPINION AND ORDER Presently before the Court are the motion of the Trustees of the Property of the Penn Central Transportation Company to transfer both of the above-captioned cases to the Reorganization Court and the motion of National Railroad Passenger Corporation (Amtrak) to dismiss in Civil Action No. 71-1342. Civil Action No. 71-1326 was brought by the Penn Central Trustees to enjoin def...
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Petitioner is in Folsom Prison following his jury conviction for violation of Penal Code § 245 (Assault by means of force likely to produce great bodily injury). He was sentenced by the Riverside County Superior Court in 1968 for the term prescribed by law, 6 months to 10 years. His conviction was affirmed on appeal by the California Court of Appeal, Fourth Appellate District, and hearing was deni...
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MEMORANDUM In this action the Government seeks declaratory and injunctive 1 relief against two British corporations for violations of section one of the Sherman Act. 2 Defendant Imperial Chemical Industries, Limited (ICI) manufactures the antibiotic griseofulvin. The drug is marketed in the United States by Ayerst Laboratories Division of American Home Products Corpo...
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MEMORANDUM-ORDER This is an action for damages for alleged violation of the Securities and Exchange Act of 1934 and the Federal Reserve Board regulations, and rescission of the sale of stock and a return of money on deposit. This matter came on for consideration on the plaintiff’s motion for summary judgment. On May 26, 1970, the defendant, acting as broker for the plaintiff, sold sh...
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ORDER This suit is brought as a class action under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 seeking declaratory relief with respect to certain Ordinances of the City of Atlanta, Georgia, and seeking to enjoin defendants (the Mayor, Vice-Mayor, Aldermen and General Manager of the Water Works of the City of Atlanta) from terminating water service at the plaintiff’s premises and from refusing t...
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On November 6, 1970, Daniel Davis was arrested by a United States Customs Agent for stealing seven radios from Customs custody. Davis pled not guilty to a one-count indictment charging him with a violation of 18 U.S.C. § 549 — removal of goods from Customs custody. Thereafter, he filed this motion to suppress certain radios found in the trunk of his automobile, alleging that the search violated hi...
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In this contract action, a union is suing an employer seeking damages and other relief on behalf of certain employees for the alleged breach of a contract between the parties. This suit is brought under § 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185. Plaintiff, Communication Equipment Workers, Inc. (the Union), is the exclusive bargaining representative of the emp...
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OPINION Defendants Citizens Bank and Trust Company of Maryland (Citizens), Wilmington Trust Company (Wilmington), Suburban Trust Company (Suburban) and News-Journal Company (News-Journal) move pursuant to Rule 12(b), F. R.Civ.P. and Section 12 of the Clayton Act, 15 U.S.C. § 22, to dismiss for lack of jurisdiction and improper venue. Motions denied with leave to renew (before the Judge si...
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OPINION Both plaintiffs in these consolidated cases have presented motions for a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure. At Civil Action No. 66-1274 in which Patricia Ann Weiseckle was the plaintiff, a motion by the defendant for dismissal for failure to meet the jurisdictional requirements of 28 U.S.C. § 1332 was granted after the plaintiff rested her case. At Civi...
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*569MEMORANDUM OPINION AND ORDER This is a pro se application for the federal writ of habeas corpus by Mr. Paul Britt, who is in the custody of the respondent, or his successor, pursuant to the judgment of the Criminal Court of Sullivan County, Tennessee, on the ground that he is in custody in violation of the Constitution, Fifth Amendment, proscribing the deprivation of his liberty without due pr...
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DECISION AND ORDER The plaintiff in this suit in admiralty seeks to recover upon a marine hull insurance policy issued^ by defendant. Plaintiff claims this policy covered damage sustained as a result of the sinking of plaintiff’s Motor Vessel “Christine Marie” on February 17, 1969. The parties have stipulated that in the event of a determination that plaintiff is entitled to recover under the...
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OPINION In this action, brought pursuant to Chapter 157, U.S.C.A., the plaintiff seeks vacation of an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to Springfield Airport Limousine, Inc. (hereinafter Springfield). Jurisdiction is premised upon 28 U.S.C.A. § 1336. Springfield has intervened and, with the Commission, has filed a joint brief...
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MEMORANDUM OF DECISION Defendant in this criminal case was indicted for wilful failure to comply with an order of his local draft board that he submit to induction into the armed forces on November 13, 1968 at Boston, Massachusetts, in violation of the Selective Service Act, 50 App. U.S.C. § 462 (a). The case was tried jury waived. At the conclusion of all the evidence, which consisted primarily o...
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OPINION OF COURT ON REMAND FROM SUPREME COURT STAYING ORDER DATED JUNE 3, 1971 Hinds County, Mississippi is entitled to twelve Representatives and five Senators in the Mississippi Legislature. *522In our decision of May 18, 1971, 330 F.Supp. 506 we held: “There is no evading the fact that with the time left available it is a matter of sheer impossibility to obtain dependable data, population figu...
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OPINION Upon appropriate cross motions for summary judgment and upon a written stipulation of facts entered into by counsel for the respective parties, the claims between the parties have been submitted to the Court and decision thereon reserved at the conclusion of the oral arguments on the motions. Since that stipulation has been filed only a brief review of the facts will be necessary....
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329 F. Supp. 504 (1971) CAPE MAY COUNTY CHAPTER, INC., IZAAK WALTON LEAGUE OF AMERICA, By Jonathan Sayre, President, and on behalf of others, Plaintiff, v. Tito MACCHIA et al., Defendants. Civ. A. No. 1037-70. United States District Court, D. New Jersey. June 16, 1971. *505 *506 Brown, Connery, Kulp, Wille, Burnell & Greene, by Horace G. Brown, Camden, N. J., Cohen, Hirschkop, Hall & Jack...
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OPINION The central question in this case is whether defendant Bank violated the disclosure requirements of the Truth in Lending Act when it failed to show the “nominal annual percentage rate” of interest on a statement to plaintiff obligor under an “open end consumer credit plan,” where the statement showed an outstanding balance but no finance charge yet incurred so that no interest rat...
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MEMORANDUM Defendant moves to dismiss the complaint herein for lack of subject matter jurisdiction under Rule 12(b) (1) of the Federal Rules of Civil Procedure, alleging that the plaintiff fails to meet the jurisdictional requirement of 28 U.S.C. A. § 1332 that the amount in controversy exceed $10,000. Pending determination of this motion pretrial discovery has been stayed. Plaintiff sues for the ...
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OPINION OF THE COURT This is yet another in the increasing number of Three-Judge Court decisions dealing with the question of the constitutionality of durational residency requirements as they relate to voting in state elections. The case has been submitted to the Court on stipulated facts and oral argument was held on June 1, 1971. The State of North Carolina was permitted to file briefs and p...
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ORDER The Plaintiff Public Service Company of Oklahoma (Public Service) sued the Defendant Black & Veatch, Consulting Engineers, A Partnership, (Black & Veatch) for damages claiming that one of its turbines was damaged because of the negligence of said Defendant in designing the same. Said Plaintiff had received payments for most but not all of its claimed loss on the turbine from several...
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OPINION AND ORDER This is a treble damage antitrust ease brought against six corporate defendants and four individual defendants. Three of the corporate defendants, Ogden Corporation (hereinafter “Ogden”) and two of its subsidiaries, Ogden Metals, Inc. (hereinafter “Ogden Metals”) and Ogden Management Corporation (hereinafter “Ogden Management”), have moved to dismiss the complaint on the...
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*770 MEMORANDUM OPINION This is a civil action arising under the laws of the United States with respect to internal revenue. Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1346(a) (1). Plaintiff is a Washington corporation with its principal place of business in Seattle. After the Commissioner of Internal Revenue determined that items manufactured and sold by plaintiff were s...
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*707FINDINGS, CONCLUSIONS AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR DISQUALIFICATION AND REASSIGNMENT OF CASE Upon full consideration of the Defendants’ Motions to Disqualify The Honorable A. Andrew Hauk, United States District Judge, as The Trial Judge in The Above-entitled Matter, together with the points and authorities submitted in support thereof, and the opposition of the Government and its...
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MEMORANDUM OPINION Plaintiff has brought this action to expunge his arrest record contained in the Fingerprint Identification files of the Federal Bureau of Investigation. That record reads as follows: Date arrested or received: 8/10/65 Charge or offense: 459 PC Burglary Disposition or sentence: 8/12/65 Unable to connect with any felony or misdemeanor — in accordance with 849b(l) — not de...
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Pursuant to the order of this Court dated April 21, 1971 the processing of this cause was put on an expedited schedule. All motions of the Defendant pursuant to Rule 12 of the Federal Rules of Civil Procedure were to have been filed in sufficient time to be brought on for hearing on May 10, 1971. The parties were directed to prepare a joint stipulation of facts upon which each party would move for...
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OPINION The United States has petitioned for an order directing certain defendants in this criminal action to furnish examplars of their handwriting to agents of the Federal Bureau of Investigation. The issue presented by this motion is whether the order would, if granted, violate those defendants’ Fourth Amendment rights to be free from unreasonable searches and seizures. The indictment invo...
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Customs Court (sitting by designation). The facts are not controverted. Plaintiff, owner of screen printing machinery transported from Hamburg to New York aboard defendant Meyer Line’s vessel S. S. Havlom, sues to recover damages to one case of the machinery, which was negligently dropped and damaged by employees of the stevedore defendant Universal upon discharge of the vessel in New York on Nove...
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Plaintiff and the defendants Michael J. Collura (Collura) and Aetna Insurance Company (Aetna) move for summary judgment in this case concerning a Compensation Order and Award of the Defendant Collura, Deputy Commissioner of the Second Compensation District of the United States Department of Labor, Bureau of Employees’ Compensation (the Bureau), entered on July 22, 1969 pursuant to the Longshore...
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MEMORANDUM Plaintiff Lauratex Textile Corporation has moved pursuant to Rule 65 of the *555 Federal Rules of Civil Procedure for a preliminary injunction enjoining defendant Citation Fabrics Corporation from manufacturing, converting, selling and distributing textiles bearing a reproduction of a work known as “Intrigue Pattern 5994.” The facts of the case are as follows. ...
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329 F.Supp. 1331 (1971) CLERMONT NATIONAL BANK, Plaintiff, v. CITIZENSBANK NATIONAL ASSOCIATION and William B. Camp, Comptroller of the Currency of the United States, Defendants. Civ. A. No. 7987. United States District Court, S. D. Ohio, W. D. June 15, 1971. *1332 Irving Harris, Cincinnati, Ohio, for plaintiff. David H. Schneider, Milford, Ohio, for defendant Citizensbank. Norbert A. Nadel, Asst...
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OPINION Two federal-tort-claims actions are brought under 28 U.S.C. § 1346(b) by the widows of divers who drowned while working on a Corps of Engineers dam. In April 1966, Hills Creek Dam, 44 miles southeast of Eugene, Oregon, was undergoing a biannual overhaul. The work required the sealing of the pen-stock, the intake pipe which carried water from the reservoir to the generators. A heavy bulkhea...
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OPINION AND ORDER I. INTRODUCTION On June 17, 1968 the plaintiff, Douglas Shane, allegedly sustained serious injuries while operating a meat grinding machine in his place of employment, Shane Enterprises, Inc., in Chester, Pa. The meat grinding machine operated by the plaintiff at the time of the accident was manufactured and sold in 1948 by the John E. Smith’s Sons Co. of Buffalo, New York. ...
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OPINION AND ORDER Relator, who is presently incarcerated in the State Correctional Institution at Graterford, Pennsylvania, has filed a petition for a writ of habeas corpus, in which he attacks his conviction for aggravated robbery on Bill of Indictment #1549, Feb. Term, 1964, Philadelphia County. Relator was tried and convicted before a judge sitting without a jury and sentenced to 7% to 20 year...
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OPINION AND ORDER On plaintiff’s motion for summary judgment, the underlying issue is the validity of a release executed in Germany, without judicial approval, by the parents of a minor in settlement of a minor’s tort claim. The plaintiff contends that as a matter of law, giving effect to such a release would violate the public policy of either Indiana or Pennsylvania — the jurisdictions ...
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ORDER The issue to be resolved in this civil action brought against Iberia, Líneas Aereas de España (hereinafter referred to as Iberia) by two passengers is whether the requisite jurisdictional amount is present. Jurisdiction is invoked under 28 U.S.C. § 1332 and 48 U.S.C. § 863. The complaint charges that plaintiffs’ suitcases were twice lost on a vacation *935trip to Europe on account of the car...
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DECISION This is an action by the plaintiff, Arvid Schaeffer, for a review of the decision of the Appeals Council of the Social Security Administration Department of Health, Education and Welfare, entered on May 13, 1970, in the course thereof to have it reversed and the asserted disability claim allowed. The Hearing Examiner’s theory in resolving the claim against the plaintiff on February 26, 19...
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*581OPINION ON MOTION TO DISSOLVE THREE-JUDGE COURT In support of their motion to dissolve the three-judge court, the defendants make two arguments: (1) that it is impossible for an injunction to issue here; (2) that the constitutional question presented is insubstantial. I. Can injunctive relief be granted for plaintiffs? A three-judge district court is not required where a federal statute cannot...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner was convicted by a jury of assault with a deadly weapon on a police officer in violation of Penal Code § 245(b), and possession of a sawed-off shotgun (Penal Code § 12020). He admitted two prior felony convictions, robbery in Santa Clara County in 1947, and burglary in Monterey County in 1955. On September 5, 1961, he was sentenced to th...
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Memorandum Opinion This is a motion brought pursuant to Fed.R.Crim.P. 48(b) and the Sixth Amendment of the United States Constitution to dismiss the instant indictment on the ground that there has been unnecessary delay in presenting the case to the grand jury and in bringing the defendant to trial. Defendant was arrested on March 5, 1964, and arraigned the same day on a complaint which cha...
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MEMORANDUM The plaintiff, Long Manufacturing Company, a corporation of the State of North Carolina, having its principal offices in Tarboro, North Carolina, has brought this action avainst the defendant, Lilliston Implement Company (now by change of name Lilliston Corporation), a corporation of the State of Georgia, having its principal offices in Albany, Georgia, and a place of business at Weldo...
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OPINION Relator was convicted on Bills of Indictment Nos. 893, 896, 898 and 900, January Sessions, 1966, charging false pretenses. At the same time he was also convicted of conspiracy with a co-defendant, Harry Schwartz, now dead, on Bill No. 880. At the trial, which took place before the decision in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), Schwartz’s statement,...
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OPINION AND ORDER In this combined habeas corpus and mandamus proceeding, petitioner seeks to review his call to active duty in the United States Army. He was called to active duty for a period of two years in an enlisted grade as a result of his disenrollment from ROTC for willful violation of his ROTC contract. Petitioner’s basic claim is that he was denied due process of law in that the militar...
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MEMORANDUM In an extensive nonjury trial many defenses are raised to the charge of failing to report for induction on or about October 28, 1969, in violation of 50 App. U.S.C. § 462. Reaching the conclusion that the Government has fully proven its case beyond a reasonable doubt, the defendant is found to be guilty as charged. Expressly abandoned by the defendant are the contentions that (1) the de...
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DECISION and ORDER The plaintiff has moved for an order to strike the defendant’s answer and counter-claim because of the defendant’s failure to answer the plaintiff’s interrogatories within the time limits specified in Rule 33(a), Federal Rules of Civil Procedure. There have been three specific deficiencies on the part of the defendant in this action which warrant imposition of stringent sanctio...
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ORDER The plaintiffs attack certain Arizona criminal statutes (A.R.S. 13-211, 13-212, 13-213) asking that a three-judge court be convened for the purpose of declaring said statutes unconstitutional on their face, and to enjoin the state from enforcing said statutes. None of the plaintiffs complain of any prosecution against themselves; either in the past, or pending, or threatened in the ...
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AMENDED AND CORRECTED MEMORANDUM OPINION On May 8, 1969, the Defendant, Lowe and Associates, was engaged in engineering, mapping and surveying activities on the Red River within the Western District of Arkansas, Texarkana Division, pursuant to a Contract entered into on or about May 22, 1968, with the United States Army, Corps of Engineers, New Orleans District. The Defendant is a Georgia...
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MEMORANDUM AND ORDER Defendant is charged with possession of heroin and narcotics paraphernalia in violation of 21 U.S.C. § 174 and 26 U.S. C. § 4704(a). He has moved to suppress the physical evidence seized pursuant to Magistrate’s Search Warrant No. Dll448-71CR, on the grounds that the warrant was executed in the nighttime in violation of 23 D.C.Code § 523(b), which reads as follows: A search w...
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*135 MEMORANDUM OF DECISION ON ISSUE OF EQUITABLE LIEN AND OTHER MATTERS PRELIMINARY TO REMAND TO INTERSTATE COMMERCE COMMISSION This is an unusual case, and the features which make it so stem from the basic circumstances that the New Haven Railroad, a deficit operation for several years prior to and throughout the seven years of operation in reorganization, was kept going in the...
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ORDER This motion before the Court is one for summary judgment which is grounded upon lack of jurisdiction. OUTLINE OF FACTS The case before the Court is one based upon tort, arising out of an injury received by plaintiff McKee while he was working within the scope of his employment upon the premises of his employer, defendant Southern Railway Company. *906The Complaint alleges that while in the ...
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DECISION AND ORDER ON OBJECTIONS TO DISCOVERY These consolidated actions are brought individually to recover alleged overpayment of federal income taxes for the calendar years of 1962 and 1963. In those years the plaintiffs1 purchased corporate stock of the Financial Security Life Insurance Company under stock option agreements. The pleadings show that as a result of a review and audit of plainti...
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MEMORANDUM OF OPINION AND ORDER Michael Joseph Kaplan was indicted for refusing to submit to induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462(a) (1967). He has been tried by the Court without a jury. The principal and decisive issue presented is whether defendant’s Selective Service record reveals any “basis in fact” for the denial of his request for classi...
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MEMORANDUM OF DECISION DISMISSING COMPLAINT Plaintiff, Electrical Contractors Association of Greater Boston, Inc. (hereinafter referred to as the Association) brought this action against defendant Local Union 103, International Brotherhood of Electrical Workers (hereinafter referred to as the Union) under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, and under the Labor Management Relat...
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Plaintiff was employed by a general contractor, the Olsen Construction Company, as a bricklayer when, on October 15, 1968, a cement block wall which he and several others were erecting collapsed, apparently as the result of *584 a higher than usual wind. Plaintiff was rather seriously injured and is now and has been receiving Workmen’s Compensation payments from his employer’s insu...
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OPINION AND ORDER By decree entered August 6, 1965, in the case of Herweg v. Thirty-ninth Legislative Assembly of the State of Montana, 246 F.Supp. 454, this Court ordered into effect a plan for the apportionment of members of the Senate and House of Representatives of the Montana Legislative Assembly for the 1966 election, retaining jurisdiction for the purpose of passing upon ai^ plan of reappor...
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MEMORANDUM This matter comes before the Court after the trial of the action and its submission to this Court. Respective counsel had requested a delay in a ruling in this matter in order to have transcript prepared and to submit briefs in accordance therewith. The transcript of the trial has been submitted to the Court and briefs have been requested of the parties by the Court and the time fo...
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MEMORANDUM OPINION AND ORDER The plaintiff, Delone Martin, brought this action for damages against three police officers for allegedly depriving him of civil rights pursuant to the provisions of Title 42 United States Code § 1983. On April 13, 1971 the matter was tried without a jury and the plaintiff’s case produced the only evidence considered here, other than defendants’ admissions by counsel. ...
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MEMORANDUM OPINION AND ORDER The scope of the Court’s review in a union disciplinary proceeding is limited to insuring that the union member received due process at the hands of the trial board. Phillips v. Teamsters, Chauffeurs, etc., Local Union No. 560, 209 F.Supp. 768, 771, 772 (1962). In most eases, if the procedural requirements of the Labor Management Reporting and Disclosure Act (...
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OPINION Plaintiff Securities and Exchange Commission instituted this action on March 25, 1971 by filing a complaint alleging numerous violations by the corporate and individual defendants of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the rules and regulations enacted thereunder (Plaintiff’s Complaint, March 25, 1971, pp. 1-2);...
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*56 OPINION This case is before the Court on motions of plaintiffs to double or treble an arbitration award and on a motion of defendant, Harvey Aluminum, to vacate or modify it. Plaintiffs filed this action in 1961 to enjoin the defendant from trespassing on plaintiffs’ fruit orchards by allowing fluorides to escape from its aluminum reduction plant at The Dalles, Oregon. On December 23, 1...
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MEMORANDUM A one count indictment under 18 U.S. C. § 1014 charges that on June 30, 1965, defendant, Allan N. Goberman,1 “knowingly made a false statement of material facts in a net worth statement in applying for a $1,500,000.00 loan submitted to the York Federal Savings and Loan Association of York, Pennsylvania, a federal savings and loan association, for the purpose of influencing the York Fede...
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OPINION Presently before me for consideration is the “Application of Trustee for Authority to Borrow Money” in a sum not to exceed $30,000.00 for the purpose of making certain repairs and improvements on the remaining asset of the debtor’s estate, in order to prepare that asset in accordance with a sub-lease agreement with the United States General Services Administration (“GSA”). This action was...
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OPINION ON MOTIONS FOR SUMMARY JUDGMENT This action, filed by Local 4076, United Steelworkers of America, under Section 301 of the Labor Management Relations Act of 1947, as amended (29 U.S. C. § 185, as amended), 1 alleges a breach of both a collective bargaining agreement and an arbitration award, by the defendants United Steelworkers of America, AFL-CIO (“United Steelworkers”) ; Local 1465...
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MEMORANDUM In Civil Action No. 6081, commenced on March 11,1971, plaintiffs Don Vestal, John B. Wells, Price Sain, Otto York, Jackie Newell, J. S. Litchford, Robert Hill and Worthy Babb bring suit against James R. Hoffa, Frank E. Fitzsimmons, Murray W. Miller, as Director of the Southern Conference of Teamsters, and as Fourth Vice President of The International Brotherhood of Teamsters, Chauffeurs...
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OPINION and JUDGMENT This action presently before the court is a complaint brought under section 205 (g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of *951the Secretary of Health, Education and Welfare. The decision rendered by the hearing examiner on May 6, 1970 became the final decision of the Secretary when the Appeals Council denied the plaintiff’s request for r...
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OPINION and JUDGMENT This case comes to the attention of the district court upon a petition for a writ of habeas corpus, filed in forma pauperis by Macicle A. Poteat, a state prisoner, pursuant to the provisions of Title 28 U.S.C., sections 2241 and 2254. Petitioner is currently serving a sentence of twenty years in the state penitentiary pursuant to a judgment of the Circuit Court of Buckingham C...
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MEMORANDUM OPINION After much effort on their part, Philip C. Anderson and Frank N. Rawlings finally convinced the Patent Office that they were entitled to a patent on two claims and on May 29, 1956, they were issued patent No. 2,746,001 (hereinafter ’001). It concerned a liquid food supplement for ruminant animals 1 capable of being fed with roughage on a free-choice basis.2 Rawlings eventually ...
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RULING ON PLAINTIFFS’ MOTION TO COMPEL ANSWERS ON DEPOSITION AND DEFENDANT’S MOTION TO COMPEL ANSWERS TO INTERROGATORIES I. In this Tort Claims action against the federal government arising from the death of the plaintiff Marilyn Falk’s husband, Arthur L. Falk, plaintiffs have moved for an order pursuant to Rule 37, Fed.R.Civ.P., directing William H. Collins, an employee of the defendant, to answ...
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MEMORANDUM DECISION and ORDER This is a habeas corpus proceeding initiated by the petitioner, John Earl Baugh (hereinafter Baugh), a member of the Idaho Army National Guard. He has been involuntarily ordered to active duty with the Army upon a determination that he has not satisfactorily performed his duties under his contract with the Guard. This action is brought against his superior military o...
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MEMORANDUM AND ORDER DISMISSING COMPLAINT On January 8, 1971, the plaintiff commenced an action in this Court which purports to be pursuant to the Civil Rights Act of 1871. 42 U.S.C. § 1983. It is this Act, in conjunction with 28 U. S.C. § 1343(3) and § 2201, that the plaintiff urges upon this Court as creating jurisdiction to entertain the present action and grant the injunctive and declaratory r...
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RULING ON PETITION FOR WRIT OF HABEAS CORPUS Let the petition be filed and prosecuted in forma pauperis. *796Jeff Williams here applies for issuance of a writ of habeas corpus, alleging he is illegally and unconstitutionally being detained in the Louisiana State Penitentiary, at Angola, Louisiana, after pleading guilty to four counts of simple burglary. December 10, 1952, he was sentenced to nine ...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT On October 27 and again on November 24, 1970, the grand jury for this District returned the instant indictments against defendants, two poultry processing firms located at Belfast, Maine. Each indictment contains several counts charging violations of Section 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 407 (the Rivers and Harbors Act),...
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JUDGMENT OF DISMISSAL This is an action under the Declaratory Judgment Act, Section 2201, 2202, Title 28, United States Code, in which plaintiff seeks a declaration that it “has no duty to defend [suits in the Circuit Court of Jackson County] on behalf of Defendant Collins or to reimburse or pay any attorney’s fees, costs or expenses in the defense of said suit, and that in the event of final jud...
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MEMORANDUM AND ORDER This action for an injunction against enforcement of a federal statute presents the knotty problem of federal power to regulate pornography and near-pornography, and specifically the validity of requirements set forth in the so-called Goldwater amendment to the Postal Reorganization Act of 1970 (39 U.S. C. §§ 3010-11; 18 U.S.C. §§ 1735-37; Pub.L. 91-375), and regulati...
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This is a motion by defendants for an order determining that this may not be maintained as a class action. Fed.R. Civ.P. 23(c) (1). The complaint was filed on October 5, 1970. At first glance, it is difficult to say whether there is more than one plaintiff. There is a named individual plaintiff, Mr. Reinisch, after whose name in the caption appear these words: “President of the National Shareholde...
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331 F.Supp. 587 (1971) Beaty Mae GILLIARD et al., Plaintiffs, v. Clifton M. CRAIG, individually and as North Carolina Commissioner of Social Services, et al., Defendants. Civ. A. No. 2660. United States District Court, W. D. North Carolina, Charlotte Division. Heard November 5, 1970. Decided June 10, 1971. *588 Gail F. Barber and Thomas W. Pulliam, Jr., Legal Aid Society of Mecklenburg County, Ch...
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OPINION This is a consolidated class action brought under the Federal Civil Rights Act (specifically 42 U.S.C. § 1983 as implemented by 28 U.S.C. § 1343(3)), on behalf of all awaiting trial inmates of the State Prison complex of the Adult Correctional Institutions of Rhode Island (ACI), seeking appropriate declaratory and injunctive relief against the enforcement of certain State constitutional p...
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Memorandum and Order: This action is an application for a writ of habeas corpus in which the petitioner, a state prisoner in respondent’s custody, contends that certain evidence admitted to his detriment in his state court trial was a product of coercive influences and an illegal arrest. That conviction, which petitioner now seeks to have vacated, was upon an indictment for felony theft. Because...
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*69 MEMORANDUM OPINION Plaintiff taxpayer, Howard Elzie Braekeen, seeks a refund of $299.62, assessed and collected as interest on federal withholding, unemployment and social security taxes. The case is submitted on stipulated facts. Plaintiff’s right to recover hinges upon the answer to the following legal question: whether payment in full by a trustee in bankruptcy of a federa...
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DECISION and ORDER Numerous motions have been filed by the defendants in connection with the indictments brought against them in each of the above-entitled actions. In addition, the government has moved for consolidation. On November 6, 1970, this court, after a hearing, denied several motions to suppress which had been brought on behalf of the defendants. In the cases numbered 70-CR-42 and 7...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS The defendants move to dismiss this civil rights action. For the reasons stated below, this court is of the opinion the motion should be denied. On May 5, 1971, the day upon which this two-year old matter was set for trial, the defendants orally moved to dismiss this action on the grounds that it is barred by the applicable Illinois statute of...
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*613MEMORANDUM OF OPINION AND ORDER Guy Michael Quattrucci was indicted for refusing to submit to induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462(a) (1967). He has been tried by the Court without a jury. His principal defense is the alleged invalidity of his induction order because of the failure of his local Selective Service Board to take affirmative act...
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JUDGMENT OF DISMISSAL FOR LACK OF DIVERSITY JURISDICTION This is an action for a declaratory judgment “declaring and determining the rights of the parties under the policies of insurance issued by the plaintiff and MFA Mutual Insurance Company” in which it is alleged that defendant Mackey has made demand on both plaintiff and defendant MFA Mutual Insurance Company to defend actions for da...
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MEMORANDUM Petitioner Abe Silverman seeks review of an order filed by Referee Babitt on October 2, 1970. The facts found by the Referee, as to which there appears to be no dispute, are as follows: “The now bankrupt, Alda Commercial Corporation, (Alda) was in the financing business. In April, 1967, in separate transactions, Silverman and Baron each executed two ‘participation agreements’ with ...
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MEMORANDUM OPINION This action involves racial discrimination in the renting and leasing of residential property. The plaintiff, a Negro, brings this class action under the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the Civil Rights Act of 1875, 42 U.S.C. § 1982. The Court finds the following facts. On December 2, 1969, an ad in the Dallas Morning News stated: “Seven-room house, 3...
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OPINION AND JUDGMENT ORDER On July 14, 1970, the grand jury returned a one-count indictment charging Robert Brown with a violation of 18 U.S.C. § 1462. Specifically, the indictment alleges that Brown knowingly used the Railway Express Agency for transporting copies of two obscene books in interstate commerce from New York to Norfolk, Virginia. At his arraignment on October 26, 1970, Brown...
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MEMORANDUM The above styled action is one brought under 28 U.S.C. § 1331 to recover damages for an alleged breach of contract. The defendant has moved to dismiss the action under Fed.R.Civ.P. 12(b) (6), 28 U.S.C. Basically, the relevant facts are as follows : The plaintiffs contracted with the New York Yankees Baseball Club to broadcast Yankee baseball games to stations in several states of the s...
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MEMORANDUM OPINION AND ORDER This action was instituted by the administrator of the deceased infant’s estate against the hospital and the physician. It comes on to be heard on the hospital’s motion to dismiss the complaint as amended. The original complaint charged that the hospital, in releasing the newly born infant, had negligently failed to “continue” needed treatment and, in not readmitting ...
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OPINION AND ORDER In this case the defendant, Ernest N. ^Merriwether, was charged in a seventeen count indictment which alleged violations of Title 26, U.S.C. Section 7215, failure to pay over income taxes and F.I.C.A. taxes withheld from employees as required by law. On arraignment, the defendant entered a plea of not guilty. Defendant, his attorney, and the United States Attorney agreed to a wit...
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OPINION On June 19, 1970, the plaintiffs filed their complaint against the defendants, in which they alleged that the Farmers and Merchants Insurance Company issued its policy No. FH-1-30-24-46 for a period of three years effective April 22, 1968, insuring plaintiffs against loss by fire of a dwelling in the sum of $50,000 and appurtenant private structures in the sum of $5,000, unscheduled perso...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On June 7, 1971, the three-judge panel in this cause dissolved itself and remanded to this court, the initiating court, the issues in the cause remaining for determination, i. e., the constitutional application of Florida Statute 232.26, F.S.A., to this case and the constitutionality of School Board Policy-Regulation #5114 on its face and as applied. As...
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JUDGMENT This action came on for hearing before the Court on Friday, May 21, 1971. By prior order of the Court, bearing date of April 13, 1971, the complexion of the hearing was circumscribed to two issues,' viz: (1) Whether or not a reasonable basis in fact existed for the restrictions placed by General Irby upon the distribution of Volume I, Number 1, of the newspaper In Formation; and, (...
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MEMORANDUM OF REASONS This is a petition for writ of habeas corpus by Private Henry Grant Thomas, Jr., whose application for discharge from the United States Army as a conscientious objector was denied by the Army Conscientious Objector Review Board. We hold that the petition should be granted for the reason that the decision of the Board is unsupported by any basis in fact within the meaning of t...
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The plaintiffs, husband and wife, are citizens of the State of Maryland. The defendants, The Western Union Telegraph Company and Western Union International, Inc., are non-resident corporations doing business in the State of Maryland, being chartered by and existing under the laws of the States of New York and Delaware, respectively. The jurisdiction of this court is alleged in the complaint to be...
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MEMORANDUM Plaintiff instituted this action pursuant to the Federal Tort Claims Act (28 U.S.C. § 1346(b)) alleging that he was admitted to the United States Public Health Service Hospital at Stapleton, Staten Island, New York in 1965 where he underwent genital-urinary surgery. Plaintiff contends that while he gave his consent to the surgical procedures, it was not an “informed consent” because he ...
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*218MEMORANDUM In this consolidated action, which has been determined conditionally to be a class action on behalf of “all former shareholders of the common stock of Texas Gulf Sulphur Company who claim they sold their stock between April 12, 1964 and 10:55 A.M. on April 16, 1964 in reliance upon the April 12, 1964 press release, issued by Texas Gulf Sulphur Company, relating to exploratory activ...
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MEMORANDUM OF DECISION AND ORDER. This case was assigned for hearing March 23, 1970. At that time there was a separation of issues and agreement that the issue created by the policy defense asserted by the defendant and plaintiffs’ claim of waiver and estoppel should be tried first. This was submitted on the stipulation entered into by counsel on behalf of their respective clients (Item No. 16 in ...
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MEMORANDUM AND ORDER The relator, Andrew L. Dickens, has filed with this Court a petition for a writ of habeas corpus. Relator was indicted by the Philadelphia County Grand Jury as of September Sessions, 1963, Nos. 168 and 169, charging respectively murder and aggravated assault and battery by cutting. Relator, who was represented by counsel, entered a plea of guilty to murder generally and to agg...
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OPINION This action is brought by the taxpayer, Huff-Cook Mutual Burial Association, Incorporated, pursuant to 28 U.S.C. § 1346, seeking refund of Federal income taxes which are alleged to have been erroneously assessed and collected. The taxpayer contends that the erroneous assessments and collections were made as follows: YEAR AMOUNT 1963 $ 3,883.03 1964 44,775.98 1965 83,404.60 Taxpayer is an a...
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This matter comes before the court upon petition of Girard Trust Bank to review an order of the Referee in Bankruptcy entered January 30, 1970 denying petitioner’s claim for certain proceeds held by the Trustee in Bankruptcy. The relevant facts, substantially as set out by the Referee in his written opinion, are as follows: By a loan agreement executed on March 7, 1966, Smith-Turner, (now Varney) ...
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DECISION and ORDER In her amended complaint, the plaintiff seeks damages resulting from the death of Cathleen Geisel in an automobile collision between vehicles operated by the defendants Uebelherr and Wilkowski. The plaintiff, Mary Geisel, was appointed administratrix of the estate of Cathleen Geisel by a probate court in Ohio. The deceased, Cathleen Geisel, was 18 years of age at the time of her...
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DECISION and ORDER The complaint in this action seeks to have certain portions of an ordinance of the city of Milwaukee declared unconstitutional. Injunctive relief is also sought. This decision concerns the plaintiff’s request for a temporary restraining order. The jurisdiction of the court is purportedly invoked under 28 U.S.C. § 1331, which gives this court jurisdiction as to matters arising “...
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ORDER DENYING PLAINTIFFS’ MOTION TO TAX COSTS AND FOR ATTORNEYS’ FEES The facts concerning the history of this litigation are amply set forth in Mr. Kanner’s Affidavit filed January 20, 1971, and no purpose would be served in repeating them here. I have read plaintiffs’ brief and the authorities cited therein with great interest. I do not think there is any doubt that the efforts of plaintiffs’ c...
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OPINION The plaintiff in this case (hereinafter “Turner”) was a seaman employed by defendants (hereinafter “shipowner”) on board the SS “The Cabins”. On July 2, 1967 while working aboard this vessel in Estero Bay, California he slipped and fell on the main deck injuring his wrist and occasioning this lawsuit. Jurisdiction is based upon the Jones Act, 46 U. S.C. § 688 and The General Maritime Law....
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*928FINAL ORDER The complaint in this case, filed pursuant to the provisions of 42 U.S.C. § 1983, 28 U.S.C. § 1343, 28 U.S.C. § 2201 and 28 U.S.C. § 2202, presents to this panel, convened pursuant to the provisions of 28 U.S.C. § 2281 and § 2284, the issue of the constitutionality of Florida Statute 232.26, F.S.A., on its face and as applied. The ^¡complainants in this cause are Black high school ...
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MEMORANDUM OPINION AND FINAL JUDGMENT This action was brought by Florida East Coast Railway Company (FEC) supported by the intervening lines (Southern Pacific or Southern Pacific Group) under Title 28, U.S.C., Sections *10782321-2325 and 2284, to enjoin, annul, and set aside orders of the Interstate Commerce Commission (ICC or Commission) which require the railroads, in accordance with an ICC-imp...
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This is a class action for declaratory and injunctive relief, in which plaintiffs attack that portion of the Georgia Election Code, Title 34 Georgia Code Annotated, providing that United States Senators and Representatives shall be elected by majority vote, setting up a run-off contest if no candidate receives a majority of the votes cast in the general election, and further providin...
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MEMORANDUM Plaintiffs, Real Estate Development Company, et al, are attempting to enjoin the enforcement of a moratorium resolution adopted by the City of Florence which suspends the construction of high density apartment dwellings within the City until the City can determine, pursuant to a detailed independent analysis, the effect such buildings would or might have on its sanitary sewage facilitie...
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In a suit involving 1966 ad valorem property taxes oh imported oil well casing shipped from Canada to Louisiana and stored there awaiting sale, the Louisiana Supreme Court held that the Import-Export Clause of the Constitution1 did not prevent the imposition of the tax because it considered that, once any part of the original shipment had been sold, all imported merchandise remaining in a warehous...
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*555MEMORANDUM OPINION The defendant in these consolidated civil actions heretofore filed a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Following argument, this Court in an oral opinion rendered on February 17, 1971, denied the defendant’s motion.1 In this previous motion, defendant, as alternative relief, had asked for partial summary judgment as to certain...
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OPINION Defendant, who is charged with refusing to obey an order of his local draft board to submit to induction in the armed forces of the United States, moves on several, grounds to dismiss the indictment. One ground, at least, merits serious consideration. Defendant, in February, 1969, filed with his local board a request on Selective Service Form 150 for classification as a conscientious objec...
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*526MEMORANDUM OPINION The verdict of the jury in this action entitles plaintiff to recover of defendants the aggregate sum of $199,572.82.1 The judgments on the verdict of the jury have not been entered pending determination by the court of the date from which interest shall run. Plaintiff contends that the policies of insurance involved in the action provide that the loss shall be due and payabl...
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This is an application for the writ of habeas corpus by Anthony T. Daniels, Jr., acting for himself and without counsel. 28 U.S.C. §§ 2241, 2254. Daniels is being held at Matteawan State Hospital in Beacon, Dutchess County, New York, pursuant to an order of commitment of the Supreme Court of New York (Riccobono, J.) made on October 7, 1969 under the New York Code of Criminal Procedure, Section 66...
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The defendants move, inter alia, to dismiss the complaint without prejudice to A Corp. and its shareholders and to disqualify plaintiff and his co-counsel from acting as counsel in any related action. The defendants also request an order enjoining plaintiff and his co-counsel from contacting A Corp. shareholders for the purpose of inducing them to commence another action, enjoining plaintiff an...
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*130 OPINION This is a motion by defendants for summary judgment under a complaint filed by the Government on August 4, 1966. Brought under 19 U.S.C. § 1592, 1 the complaint alleges that the defendants imported 101,792 yards of silk pongee in 1959 and 1960; that this silk had originated in the People’s Republic of China; that the importations and connected transactions violated the Trading ...
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ORDER Defendants Faulkner and his surety, Western Surety Company, move for summary judgment on the ground that Faulkner did not direct nor did he personally participate in the events giving rise to this action by Plaintiff under 42 U.S.C.A. § 1983. Plaintiff resists the Motion and requests the Court to retain the claim against Defendant Faulkner and his surety on the basis that they are l...
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MEMORANDUM OPINION Plaintiffs filed this class action suit on December 17, 1970. In that complaint it was alleged, generally, that on December 14 and 15 various students who attend the Abington High School engaged in sit-in demonstrations during and after school hours. It was -further alleged that the defendant members of the Board of School Directors responded to these sit-ins by (1) obtaining a ...
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OPINION Henri Norman Bowser was indicted for violating 50 App. U.S.C. § 462 by failing to report for induction into the Armed Forces. He was tried before me without a jury. He does not deny that he failed to report for induction, but contends that the induction order was illegal because of irregularities in the classification and induction process. Defendant’s original classification questionnaire...
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OPINION The complaint filed herein asserts a right of recovery arising out of a contract by which plaintiff agreed to purchase all of its general insurance needs from defendant’s predecessor in interest (Great American Indemnity Company), through its agent, Cyril W. Knibb. Plaintiff alleged specifically defendant’s failure to pay credits due on previously issued policies of insurance, it appearin...
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MEMORANDUM The United States filed this suit under Title II, the public accommodation section, 42 U.S.C. § 2000a, of the Civil Rights Act of 1964, to end racial discrimination at The Corner, a neighborhood tavern owned and operated by the defendant, Ernestine Purkey. The facts are stipulated; the defendant submitting to a permanent injunction, conceding jurisdiction and past discriminatory acts. T...
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MEMORANDUM OPINION This civil action was filed by Etter Grain Company, Inc., against the United States of America for the refund of income taxes for fiscal years 1963, 1964, and 1966 through 1968 in the amount of $31,735.37. Alternatively, Plaintiff Etter Grain claims a refund in the amount of $36,199.02 for fiscal years 1964 through 1968. While this action was pending, the Internal Reven...
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Memorandum and Order: Plaintiff, a Texas resident, has filed this suit against a Delaware corporation for an accident occurring in Libya, in federal court based on diversity jurisdiction. 28 U.S.C. § 1332. The plaintiff was severely injured in an oil tank explosion when a Mobil employee prematurely turned on a valve that releases gas into the tank before the workers had completed the ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Statement of the Case This case began as an action for infringement of Clark patent 2,913,386 in which defendants denied infringement, challenged the validity and title of the Clark patent, and counterclaimed for treble damages under the Sherman Act. After trial this Court filed Findings of Fact and Conclusions of Law and entered ...
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OPINION and JUDGMENT This cause is before the court upon a petition for a writ of habeas corpus and the respondent’s motion to dismiss the petition. The petitioner attacks convictions rendered against him in the Corporation Court of the City of Danville on August 4 and September 19, 1966 for the crimes of kidnapping and sodomy, respectively. He alleges that the convictions are constitutionally def...
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OPINION and JUDGMENT This case comes to the attention of this court upon a petition for habeas corpus, filed in forma pauperis by Louis Braxton, a state prisoner, pursuant to the provisions of Title 28 U.S.C. sections 2241 and 2254. Petitioner is currently serving a sentence of ten years pursuant to a judgment of the Corporation Court for the City of Lynchburg imposed on October 9, 1967 for malici...
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MEMORANDUM Petitioner, presently confined in the Missouri State Penitentiary, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Western District of Missouri, which granted leave to proceed in forma pauperis and transferred the cause to this Court pursuant to 28 U.S.C. § 2241. This Court issued a show cause order and a response t...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant Lasar Manufacturing Company, Inc. has moved for summary judgment in this diversity action on the ground that plaintiff’s claims are barred by the applicable statutes of limitations. The suit arises out of an injury which the plaintiff sustained in November 1968 while operating a meat-grinding machine manufactured and delivered by...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This case was tried to the Court without a jury during September 1970. After extended post-trial briefing and oral argument, the matter is now ripe for decision. Based on the stipulations of counsel the documents and pleadings submitted and the admissible and credible evidence presented to the Court during the trial, the Court makes the following findings of...
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The defendant was born in Denmark, September 28, 1944 but having resided with his parents in Brainerd, Minnesota for the requisite time, he qualified as a resident alien subject to induction into the Armed Forces of the United States. On December 6, 1963 he was notified of his duty to register by Local Board No. 18, Crow Wing County, Minnesota. On his registration form, returned to the local board...
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MEMORANDUM OF DECISION The action is before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be *328granted. Rule 12(b) (6) Fed.R.Civ.P. The motion is bottomed on Mississippi’s one-year statute of limitations.1 Plaintiff seeks to recover damages in this action against defendant, because of a prosecution initiated by defendant in Chickasaw County, which...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a state prisoner who is currently confined in the Church Prison Farm at Jefferson City, Missouri, has filed in forma pauperis a petition for writ of habeas corpus challenging the validity of his state conviction and sentence. Leave to proceed in forma pauperis was granted by the Court in the order to show cause entered Oct...
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MEMORANDUM This matter is before the Court on petitioner’s motion for a writ of habeas corpus under the provisions of 28 U.S.C. 2254. Petitioner was convicted of first-degree murder in the Circuit Court of the City of St. Louis, Missouri, and sentenced to life imprisonment. His conviction was affirmed on direct appeal to the Missouri Supreme Court. State v. Hughes, 460 S.W.2d 600 (Mo.1970). Petiti...
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ORDER DENYING PLAINTIFF’S “APPLICATION FOR ORDER TO DEFENDANT TO SHOW CAUSE WHY IT HAS NOT COMPLIED WITH GRIEVANCE COMMITTEE AWARD” AND FINAL JUDGMENT COMPELLING DEFENDANT TO ARBITRATE DISPUTE This is an action under Section 301 of the Labor Management Relations Act of 1947, as amended, Section 185, Title 29, United States Code, for vacation pay due under a collective bargaining contract. *988It ...
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MEMORANDUM OPINION AND ORDER It is the opinion of the Court that the motions for summary judgment should be granted and that this cause and action should be dismissed. In the complaint, the plaintiff states that his exposure to various products manufactured and sold by the defendants has “caused the plaintiff to suffer from the disease asbestosis”. In an affidavit filed by the plaintiff on ...
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MEMORANDUM AND ORDER The earlier of the above actions was commenced in this Court and the later one was commenced in the Supreme Court, County of Kings, and removed to this Court. The defendant is a deputy United States Marshal of this Court and District. The actions arise out of the defendant’s attempt to serve and later service on plaintiff on January 15, 1970 of a memorandum and order of Januar...
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329 F.Supp. 911 (1971) UNITED STATES of America ex rel. James A. STUKES v. John P. SHOVLIN, Superintendent, Fairview State Hospital, Waymart, Pa. Civ. A. No. 70-255. United States District Court, E. D. Pennsylvania. June 4, 1971. Beasley, Albert, Hewson & Casey, Philadelphia, Pa., for petitioner. Arlen Specter, Dist. Atty., Philadelphia, Pa., for defendant. OPINION AND ORDER TROUTMAN, Distri...
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OPINION On January 27, 1967, Francis W. Ma-gill was fatally injured while painting machinery in the Westinghouse Electric Corporation (Westinghouse) plant at Lester, Pennsylvania. Magill was an employee of Murphy, Inc. (Murphy), a painting contractor, which had been engaged by Westinghouse to paint the machinery. The administrator of Magill’s estate instituted this suit against Westi...
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OPINION This civil action arises out of a collision between the F/V Mabel Susan and the auxiliary sloop Topu Wetu on September 19, 1966, between 4:30 A.M. and 5:00 A.M., in the Point Judith Harbor of Refuge in Rhode Island. As a result of said collision both vessels were damaged. The plaintiff, the owner of said Topu Wetu, seeks herein to recover the damages allegedly sustained by him as a result...
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MEMORANDUM AND ORDER Plaintiffs, Lee Pervis and Catherine McGrue, proceeding by their mothers as next friends, are former students at La Marque High School in La Marque, Texas. This is a secondary school discipline suit which they bring against La Marque Independent School District, its Board of Trustees, and various officials of the district as well as of the high school. Plaintiffs comp...
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MEMORANDUM OPINION In this suit the Court is called upon to resolve another conflict between the Constitution and the campus. The plaintiffs seek to restrain the defendants from administering corporal punishment in the Dallas Independent School District without the prior permission of the parent or student on the *658 grounds that it violates rights guaranteed by the Eighth and Fourteenth Ame...
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MEMORANDUM AND ORDER This case is before the court on defendants’ motions to dismiss or, in the alternative, for summary judgment. Defendant Bank of America, National Trust & Savings Association filed its own motion to dimiss, which was not accompanied by a motion for summary judgment. The complaint is brought under the Civil Rights Act, 42 U.S.C. §§ 1983, 1985. Said complaint allege...
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*1282MEMORANDUM AND ORDER Nomellini Construction Company originally commenced this case in the Superior Court of San Joaquin County to quiet title to certain personal property encumbered with government tax liens. The United States removed the action to this Court, however, and counterclaimed to foreclose its liens and to impress Nomellini with personal liability for converting the liened propert...
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MEMORANDUM OPINION This case comes before the Court on the motion of Charles Heit (“Heit”), a stockholder of Arthur G. McKee & Company (“McKee”), to intervene pursuant to Rule 24(a) (2) of the Federal Rules of Civil Procedure. The announced purpose of the proposed intervention is to “protect the interests of the stockholders of McKee.” Heit’s Brief, p. 2. Shortly after receiving a letter from Hei...
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MEMORANDUM OF DECISION The habeas applicant, Harold L. McGhee, is presently incarcerated in the Nebraska Penal and Correctional Complex. On January 15, 1968, he was found guilty by a jury on three separate counts of assaulting a police officer. Following the one-day trial the district court conducted a hearing on a fourth count which charged the petitioner with being a habitual criminal and at the...
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MEMORANDUM This is a petition for a writ of habeas corpus submitted by a prisoner in state custody. The petitioner was convicted of murder, first degree, after a trial by jury in County Court, Nassau County, New York. The charge against him was premised on his participation in an armed robbery of a jewelry store in Manhasset, Long Island, during which the proprietor of the store was shot to death ...
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Petitioner, now confined to the Federal Correctional Institution at Danbury, Connecticut, for treatment and supervision pursuant to the provisions of Title II of the Narcotic Addict Rehabilitation Act of 1966, 18 U.S.C. §§ 4251-4255, seeks to be resentenced under 18 U.S.C. § 659, under which he was convicted upon his plea of guilty. Following the entry of his guilty plea, he was committed under...
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MEMORANDUM OF DECISION AND ORDER Petitioner, Bernard Gaiten, is presently detained at the Mecklenburg County Jail in Charlotte serving a sentence of five years for common law robbery imposed November 19, 1969, in Mecklenburg County Superior Court upon his conviction by a jury. He appealed his conviction to the North Carolina Court of Appeals which found “No error,” State v. Gaiten, 8 N.C.App. 66, ...
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OPINION AND ORDER This is an action under Section 205 (g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. Both parties have moved for summary judgment. Plaintiff, George R. Hunter, is presently confined in the Maryland Penitentiary for a parole violation resulting from a rape conviction. It is his contention that he has...
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OPINION AND ORDER Petitioner, Arthur Irvin Miller, an inmate at the United States Penitentiary, Lewisburg, Pennsylvania, has filed a letter with this court requesting a correction or modification of his. sentence so as to gain credit for the time he spent in custody for want of bail prior to the date of sentencing. He alleges that the total time so spent in custody was from January 27, 1966 to Apr...
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OPINION AND ORDER The matter before the court is a motion to vacate sentence pursuant to Title 28 U.S.C. § 2255. The petitioner, James G. Martin, was indicted in four counts for violations of § 174 of Title 21 U.S.C. and § 4704(a) of Title 26 U.S.C. At the trial held on June 8, 1966, a jury found the petitioner guilty as charged in all four counts. He was sentenced June 9, 1966, to two concurrent ...
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329 F.Supp. 62 (1971) Charles Joseph McGINLEY v. UNITED STATES of America. UNITED STATES of America v. NORTHERN METAL CO. Civ. A. Nos. 69-828, 69-2766. United States District Court, E. D. Pennsylvania. June 3, 1971. *63 Louis Samuel Fine, Fine, Staud, Silverman & Grossman, Philadelphia, Pa., for plaintiff. Harrison G. Kildare, Rawle & Henderson, Philadelphia, Pa., for the United States. J...
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OPINION AND ORDER Presently before the Court is plaintiff’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff seeks to recover the sum of $15,000 which he advanced to defendant Industrial Concepts, Inc., (I.C.I.) and which has not been repaid. Subsequent to the advancement of this money, Red Arrow. Enterprises, Inc., (Red Arrow) *569acquired all of ...
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ORDER This case was called on June 26, 1970 for hearing on a Motion by the defendant to Dismiss the indictment and plaintiff’s Motion in Opposition to Defendant’s Motion to Dismiss. Appearing for the plaintiff was Blas C. Herrero, former United States Attorney for this District, and for the defendant, Gerardo Ortiz del Rivero, Esq. After oral argument was heard, the Court ordered both defendant an...
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OPINION and ORDER This civil action was brought under 42 U.S.C. § 1983 against all the public officials charged with the execution and enforcement of Act No. 1 of December 23, 1966, known as the Plebiscite Act of 1967, 16 L.P.R.A. §§ 844-938. “Plebiscite on Political Status of Puerto Rico.1” The complaint charged that Act No. 1 violates the first, fifth, ninth and fourteenth amendments of the U. S...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. This is a civil action brought originally in the District Court, Seventh Judicial District, Converse County, State of Wyoming, under the Uniform Declaratory Judgments Act of the State of Wyoming, Sections 1-1049 to 1-1064, Wyoming Statutes 1957. After the complaint was filed on December 4, 1970, upon motion by Defendant Roy R. Sturgi...
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MEMORANDUM OPINION Five inmates of the Pulaski County, Arkansas, jail filed the complaint in this action, on their own behalf and on behalf of all others similarly situated, on September 30, 1970, naming Monroe Love, the Sheriff of Pulaski County, O. A. Allen, Superintendent of the Pulaski County jail, and Frank Mackey, the Pulaski County Judge, as defendants. The plaintiffs seek a d...
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ORDER DENYING ALL RELIEF AND DISMISSING THE ACTION AND TEMPORARY RESTRAINING ORDER Plaintiff seeks a declaratory judgment that Army Regulation 635-20 is contrary to and in conflict with the United States Constitution, an Act of Congress, and a Department of Defense directive. The regulation in question prohibits filing a conscientious objector application at overseas replacement stations. Many of...
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*1285 OPINION This diversity action, which was removed from the First Judicial District Court, Caddo Parish, Louisiana, arises out of the issuance of a policy of title insurance by Standard Title Insurance Co., to Blaylock Investment Corporation (Blaylock). The risk (or peril) insured against relevant to this litigation is set forth in the policy as “the invalidity or unenforceability of the ...
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MEMORANDUM AND ORDER This is an action brought to enforce two Awards of a Special Board of Adjustment constituted by the plaintiff Union and the defendant pursuant to the Railway Labor Act, 45 U.S.C. § 153 Second.1 Plaintiffs are the United Transportation Union, an unincorporated association, and two of its members, Jerry M. Vandetti and R. E. Dovell. The two Awards herein involved were rendered ...
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MEMORANDUM This matter is before the Court on defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim upon which relief can be granted. As grounds for this motion, defendant alleges that the plaintiff’s suit is barred by the statute of limitations, section 516.140, R.S.Mo. (1959), V.A.M.S. This action for medical malpractice was instituted by the plaintiff in this Court o...
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MEMORANDUM Petitioner and respondents herein cross-move for summary judgment in an action seeking a writ of mandamus to compel respondents to comply with Army Regulations, more specifically Department of Defense Directive (D.O.D.) 1300.6, relating to conscientious objectors. Petitioner is a first lieutenant in the United States Army Reserve currently enrolled in the Berry Plan, and is employed as ...
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MEMORANDUM The defendant “is seeking a reduction of his sentence or possible placement on probation * * *” pursuant to Rule 35 of the F.R.Crim.P. Affidavit of his attorney Irving Anolik verified May 12, 1971. After a jury trial from February 6 to 17, 1969, defendant was convicted on eight (8) counts charging him with bribery, conspiracy to bribe, aiding and abetting bribery by fellow Internal Reve...
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MEMORANDUM OPINION AND ORDER This is a diversity action for a declaratory judgment* 28 U.S.C. § 1332(a) (1), (c). The defendant Mr. Ronald Elkins, by his next friend and guardian First Peoples Bank of Johnson City, Tennessee, has moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure. The plaintiff Federated Mutual Implement and Hardware Insurance Company (Federated) has also m...
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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 *942of the Secreary of Health, Education and Welfare. A decision by a hearing examiner on June 28, 1970, became the final decision of the Secretary when the Appeals Council refused plaintiff’s request for review on December 18, 1970. This final decision holds that plaintiff is not enti...
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FINDINGS OF FACT This is an action by most of the motion picture exhibitors in Milwaukee to prohibit the local Motion Picture Commission, operating under a city ordinance, from classifying films and initiating legal proceedings to have some of them declared obscene. The plaintiffs seek a declaratory judgment of the facial constitutionality and an injunction against the operation and enforcement of...
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OPINION AND ORDER FOR JUDGMENT OF DISMISSAL This is a diversity action for damages for breach of an alleged contract under which the plaintiff broker was to supply a buyer for a certain piece of construction equipment* owned by the defendant. Specifically, the paintiff claims that it had a contract with the defendant under which the defendant agreed to sell the dragline to a named buyer plaintiff ...
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MEMORANDUM AND ORDER This ease is one for damages for libel and slander and this matter is before the Court on the motion of defendants Mollenhoff and Metromedia for Summary Judgment, the Court having considered the memoranda of points and authorities in support thereof and in opposition thereto as well as the oral argument of counsel. It is the principal contention of these defendants that what p...
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OPINION The Commonwealth of Massachusetts and several individuals have filed a complaint against the Secretary of Defense. The individuals allege that they are inhabitants of Massachusetts who are members of the armed forces of the United States and are now being or will be required to serve in the conduct of armed hostilities in Southeast Asia. Plaintiffs seek to obtain an adjudication o...
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OPINION Plaintiff alleges that he delivered to the defendant in Florida in good order and condition a shipment of tomatoes for transportation to Boston on a *507straight bill of lading of the type covered by The Carmack Amendment, 49 U.S.C. § 20(11), that the tomatoes were damaged while they were either in defendant’s possession or in the possession of subsequent carriers, and that defendant is li...
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*968MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted state prisoner who is currently confined in the Missouri Training Center for Men at Moberly, Missouri, has filed in forma pauperis a petition for writ of habeas corpus challenging the validity of his state conviction and sentence. Leave to proceed in forma pauperis was granted by the United States District ...
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MEMORANDUM OPINION AND ORDER Plaintiff has brought this action to challenge the legality of a grant of funds made by the Economic Development Administration of the Department of Commerce equal to 80% of the estimated cost of constructing a road in the Elk Mountain area of San Miguel County in north *333 ern New Mexico, known as the “Elk Mountain Road Project”. In November 1968, the Board of...
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These consolidated actions seek the recovery of federal income tax and deficiency interest thereon. Plaintiffs in each of the above-entitled actions are husband and wife who filed joint federal income tax returns for the taxable years in question. During 1963, and for some years prior thereto, William N. Clement, Sr., William N. Clement, Jr., and Leonidas M. Jones, Jr., were the sole owner...
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OPINION Plaintiff administrator has sued defendant under the Pennsylvania Wrongful Death Act and the Pennsylvania Survival Act for the death of decedent. Defendant has moved for Summary Judgment on the following evidence established by the depositions of plaintiff’s witnesses in the pretrial record. Plaintiff’s decedent had been under the care of a physician for some years prior to her death for a...
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OPINION Section 212(a) (14) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (14), makes excludable from the United States all aliens seeking to come into this country for the purpose of gainful employment unless the Secretary of Labor has affirmatively determined and certified in his case that there is (a) not sufficient workers in the United States who are able, willing, qualified, and...
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MEMORANDUM OPINION ON MOTION BY PLAINTIFF FOR DETERMINATION OF CLASS ACTION This action is brought by the plaintiff on his own behalf and on behalf of each person similarly situated, who, at any time since July 1, 1969, has been an authorized holder of one of the defendant’s credit cards. The gravamen of the complaint is that the defendant failed to properly make certain pre-transaction and trans...
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ORDER Defendant’s motion to dismiss projects this case before this court for a decision, the fourth in a series of litigations arising out of tax assessments against plaintiff and related taxpayers. Initially, Chief Judge Martin ruled on the efforts of the taxpayers to forestall collection. Cooper Agency Inc. v. McLeod (D.C. S.C.1964), 235 F.Supp. 276; affirmed per curiam 348 F.2d 919. The Circui...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came on for trial before the court commencing May 4, 1971, and the court having heard the evidence of the parties and having heard the arguments of counsel, now makes and enters its FINDINGS OF FACT 1. The defendant United States of America, through its agency the Federal Aviation Administration, was the operator of a government Flight Servi...
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MEMORANDUM ORDER By Order of the United States Court of Appeals for the Fourth Circuit of August 20, 1970, the petition for habeas corpus in this case was remanded to this Court for further consideration in light of Kemplen v. Maryland, 428 F.2d 169 (4th Cir. 1970). Following remand, counsel was appointed to represent petitioner and a plenary hearing held on March 31, 1971. David Lee Cradle (Crad...
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Once again a federal court must reluctantly venture into that Pandora’s Box of state-federal relations known as “substance and procedure” under the Erie doctrine,1 this time to emerge with a jury trial for Diane Nuccio in her diversity suit for Louisiana workmen’s compensation benefits. The contents of this Pandora’s Box are rooted in the seminal case of Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S....
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MEMORANDUM AND ORDER The Plaintiffs in the several actions above designated and which, although not consolidated, were tried before the Court at the same time, seek to have refunded taxes paid by them pursuant to the Federal Insurance Contributions Act, 26 U.S.C.A. § 3101 et seq., for the period January 1, 1965, through December 31, 1966. Each Plaintiff, whether an individual, partnership...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on defendants’ motions to dismiss the complaint. The Court has considered the motions and the briefs in support of and in opposition thereto and is duly advised. The matter has been adequately presented by counsel for the parties to the action and the motions of American Public Health Association and The National Legal Program on Health ...
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MEMORANDUM OPINION Motion for Partial Summary Judgment on Issue of Damages This is an action in admiralty to recover damages in the amount of $13,915.55 for alleged damage to a forty-two foot cruiser shipped from Hong Kong to Detroit, Michigan, by defendant Federal Pacific Lakes Line (FPLL) to plaintiff Island Yachts, Inc. (Island). FPLL has moved to limit its liability, if any, to $...
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Odom Offshore Surveys, Inc. [“Odom Offshore”] contracted to provide radio location surveys for a hydrographic survey to be made by the U.S. Corps of Engineers. Odom Offshore was to furnish a shipboard operator, together with certain equipment, to work aboard a vessel supplied by the Corps of Engineers. The equipment used belonged to Odom, who was a major stockholder in Odom Offshore, and was insur...
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OPINION This is a motion for summary judgment in an action on a promissory note executed by defendants’ testator. Plaintiff is a Florida corporation with principal place of business in Florida. The defendants are the executors of the *509 estate of former United States Representative Joseph Y. Resnick. The decedent was and all the defendants are citizens of New York. Jur...
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MEMORANDUM Plaintiffs move (1) for summary judgment, pursuant to Rule 56, F.R.Civ.P.; (2) for a determination that this action may be maintained as a class action, pursuant to Rule 23, F.R.Civ.P.; and (3) for an order permitting intervention of two intervenor-plaintiffs, pursuant to Rules 23 and 24, F.R.Civ.P. Defendants move for an order dismissing plaintiffs’ amended complaint, pursuant to Rule ...
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This cause came to be heard on defendants’ motion for an order dissolving the preliminary injunction previously issued by this court on April 6, 1971, or in the alternative, to modify the aforementioned preliminary injunction to permit defendants to ratify the trusteeship pre*226viously imposed upon the local union; upon the plaintiffs’ motion for issuance of an order requiring defendants to show ...
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MEMORANDUM OPINION This is an action for a declaratory judgment, pursuant to 28 U.S.C. § 2201, brought by Gulf Insurance Compány, a corporation organized and having its principal place of business outside of the State of Oklahoma [hereinafter called “Gulf”] against Gold Cross Ambulance Service, Inc., a corporation organized and existing under the laws of the State of Oklahoma [hereinafter...
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OPINION AND ORDER This indemnity action is submitted for final determination on a stipulation of facts. The legal issue for determination: — -Is a manufacturer liable to indemnify an intermediate seller for the costs of defense, including counsel fees, of a products liability case tried under the “strict liability” doctrine of Section 402(a), Restatement of Torts, 2nd. (as adopted in Penn...
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ORDER The Small Business Administration, a defendant and a secured (mortgage) creditor of defendant Horace C. Prevatte, filed objection to the Report of the Special Referee. Specifically, the Small Business Administration objects to the priority awarded (by recommendation), by the Special Referee, of attorney’s fees as part of the first lien (mortgage) priority. It is admitted that plaintiff had ...
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ORDER AND MEMORANDUM OPINION The plaintiff asks this Court to enter an order requiring the Commissioner of Patents to permit them to examine Patent Office Form PO 892 used in the then pending Patent Application No. 666,526. The plaintiff relies on 5 U.S.C. § 552 and 15 U.S.C. §§ 1511, 1512, 1513, 1515, 1517 and 1151-1157 in support of their right to inspect the document in question. The Commission...
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MEMORANDUM AND ORDER In this action Ernest Pineda, a California prisoner, seeks federal habeas corpus relief from his 1964 conviction in the California Superior Court for possession of heroin. Such relief was initially sought from the United States District Court, for the Eastern District of California, where the petition was denied without an evidentiary hearing. On appeal from that denial, the N...
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OPINION On June 16, 1970, the defendants, Charles Ray Joines and James Robert Joines, were charged in a seven count indictment with violations of 18 U.S.C. § 894, i. e., attempting to collect extensions of credit by the use of extortionate means. Trial was held on December 7, 1970, and a verdict of guilty was returned as to four of the six counts.1 The defendants have filed a motion for judgment o...
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MEMORANDUM OPINION AND ORDER In this proceeding, Retail Credit Company (“Retail Credit”) has moved for an order allowing it to take the oral deposition of Herbert Steigler, a state prisoner confined in the Delaware Correctional Center at Smyrna, Delaware, and for a writ of habeas corpus ad testificandum, to accomplish this. The facts relevant to this application appear as follows: Ambrose M. Hasso...
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MEMORANDUM OPINION * This matter comes before the Court on a petition for a review of the Referee’s lengthy and detailed order determining that the bankruptcy court had jurisdiction over a petition filed by the trustee requiring the United States of America to appear and show cause and deciding on the merits that the trustee was not subject to corporate income taxes on interest in...
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This case is a sequel to Barham v. United States, 301 F.Supp. 43 (M.D.Ga.1969), aff’d 429 F.2d 40 (5th Cir. 1970). That case, as this one, involved tax treatment of income derived from a real estate investment by a group of entrepreneurs, which group we found in Barham, supra, in contemplation of the tax laws of the United States, to be a joint venture. In Barham, one of the members of the jo...
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Clay L. Shaw, plaintiff, has filed a complaint seeking to enjoin and restrain defendant, Jim Garrison, District Attorney for the Parish of Orleans, State of Louisiana, and members of his staff, from further prosecution of a pending *392 state criminal case entitled “State of Louisiana vs. Clay L. Shaw,” No. 208-260, Section “A” of the Criminal District Court of the Parish of Orlean...
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327 F. Supp. 474 (1971) John SASSONI, Plaintiff, v. Leslie SAVOIE and Midcontinent Under writers Inc., Defendants. Civ. A. No. 70-1782. United States District Court, E. D. Louisiana, New Orleans Division. May 27, 1971. Darryl J. Carimi, New Orleans, La., for plaintiff. Ronald A. Johnson, New Orleans, La., for defendants. RUBIN, District Judge: On February 13, 1970, John Sassoni injured his leg on...
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MEMORANDUM OPINION Plaintiff, Dean Truck Line, Inc. (Dean), is an interstate common carrier, hauling freight by motor vehicle in accordance with authority granted by Interstate Commerce Commission within the states of Mississippi, Tennessee and Kentucky, and has its domicile and principal office at Corinth, Mississippi. Defendant, Local 667 of International Brotherhood of Teamsters, Chauffeurs, W...
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MEMORANDUM OPINION AND ORDER By this proceeding, the Unitéd States seeks to forfeit the entire stock of firearms and ammunition in the possession of Arist C. Orphant, a licensed firearms dealer doing business as AAA Sporting Goods in St. Louis, Missouri. The guns and ammunition had theretofore been seized from Orphant’s business premises on September 5, 1969, by agents of the Alcohol, Tobacco and...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted state prisoner who is currently confined in the Missouri State Penitentiary at Jefferson City, Missouri, seeks leave to file in forma pauperis a petition for writ of habeas corpus. Leave to ■ proceed in forma pauperis is hereby granted. Petitioner states that he was convicted and sentenced in the Circuit Court ...
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OPINION On October 30, 1969, a consent judgment was entered under which, among other matters, the defendants were enjoined from future violations of the anti-fraud provisions of the federal securities laws. The action had been commenced by the Securities and Exchange Commission, based upon transactions engaged in by the defendants as corporate insiders in the securities of Hecla Mining Co...
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OPINION On May 12, 1971, after oral argument with both sides present, this Court filed a memorandum-opinion and order temporarily restraining defendants from implementing (a) Chapters 113 and 131 of the Laws of New York, which chapters amend Sections 366 and 365-a, respectively, of the New York Social Services Law, McKinney’s Consol.Laws, c. 55, and were to become effective May 15, 1971, ...
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FINDINGS AND OPINION Plaintiff sues to rescind a purchase of securities from a broker-dealer claiming that the stock was unregistered and that in violation of the Securities Act of 1933, Section 5, the defendant sent him a written communication through the mails which was an .offer to sell the stock or a prospectus within the meaning of the Act that did not satisfy the statutory requirements for ...
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OPINION The complaint filed in this action alleges that a list of attorneys is maiñtained for the Supreme Court of the State of New York, Bronx County, for use in connection with the representation of indigent defendants in criminal proceedings. When the Legal Aid Society is not appointed to represent an indigent defendant, one of the attorneys from the list is appointed instead. The appointments ...
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*1039 OPINION The defendant Hueston, also known as Tony Dejest, has been indicted for the unlawful manufacture of drugs in violation of 21 U.S.C. § 331 (q) (1). He has moved to suppress the contents of intercepted telephonic communications and evidence derived therefrom. The motion will be granted. On June 2, 1969, upon application of the District Attorney of Rockland County, New York, a ju...
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327 F. Supp. 1277 (1971) Robert J. TOPPI v. UNITED STATES of America. No. 42034. United States District Court, E. D. Pennsylvania. May 27, 1971. Gary Leedes, Philadelphia, Pa., for plaintiff. Edwin E. Naythons, Asst. U. S. Atty., Philadelphia, Pa., for defendant. MEMORANDUM OPINION VAN ARTSDALEN, District Judge. The defendant has moved for summary judgment claiming lack of jurisdiction over the ...
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MEMORANDUM OPINION AND ORDER This is a motion by the defendant shipowner to transfer this action pursuant to 28 U.S.C.A. § 1404(a) (1962) from the Eastern District of Pennsylvania to the District Court for the Panama Canal Zone. This motion is denied. The plaintiff, a seaman, brought suit under the Jones Act, 46 U.S.C.A. § 688 (1958), in this district for personal injuries allegedly resulting from...
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MEMORANDUM and ORDER Claimant, Maria Cardona, filed an application for old-age insurance benefits on March 16, 1966 under section 202(a) of the Social Security Act,1 42 U.S.C. § 402(a) which was denied at the outset upon determining that the wages claimed could not be credited to her because they were not earned under a valid employer-employee relationship. Thus, she was found to be uninsured for...
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MEMORANDUM OPINION This is a motion by the movant Mr. Nix, in custody of representatives of the respondent pursuant to the judgment of this Court in United States of America v. Jessie Kenneth McKenney, et al„ criminal action no. 1399, this division, to vacate and set aside the sentence imposed upon him therein on August 10, 1966. Mr. Nix claims that he was mentally incompetent before, during and a...
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MEMORANDUM OPINION AND ORDER Plaintiffs bring this action under the provisions of Title 42, Ü.S.C.A. § 1983, and Title 28, U.S.C.A. § 1343, as next friends for certain black students at *530 John Tyler High School 1 , to enjoin defendants from preventing these black students from attending classes at John Tyler or from instituting disciplinary action against them because of a “walkout” of b...
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MEMORANDUM FOR JUDGMENT This action is before the Court as a result of the grounding and stranding of the naval vessel U.S.S. GEORGE A. JOHNSON on October 12, 1966, on a beach near Pacifica, California. The vessel was being towed by the tug Mariner when the tow line parted and, whén efforts to regain the tow failed, the GEORGE JOHNSON went aground. The plaintiff, National Metal & Steel Corporatio...
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OPINION This is a products liability suit brought by Charles L. Handy (“Handy”), a citizen of Delaware, and his employer, the Bird-In-Hand Poultry Co. (“Bird-In-Hand”), a Pennsylvania corporation, against Uniroyal, Inc. (“Uniroyal”), a New Jersey corporation. 1 The case is presently before the Court on the defendant’s motion for partial summary judgment under Rule 56 (b), F.R.C...
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ORDER OF COURT Plaintiff has filed suit under the Lanham Act for alleged infringement of a registered trademark, and for unfair competition. Plaintiff seeks to enjoin defendant from further use of its trademark, but has not asked for damages. The case is before the Court on plaintiff’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The facts ...
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In these cases, which have been consolidated for trial, 82 plaintiffs contend that the procedures under which they were transferred to the Maryland Penitentiary from the Sykesville Laundry Camp and the Maryland House of Correction and were kept in “segregated confinement” 1 and suffered other penalties, do not meet the due process standards guaranteed by the Fourteenth Amendment to t...
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OPINION AND ORDER On its own initiative the Panel entered a show cause order in these ten actions, 1 all of which allege violations of the securities laws in connection with public offerings and private placements of the securities of Four Seasons Nursing Centers of America, Inc. (Four Seasons) and its related corporations. The principal ..defendants in this litigation >are Fou...
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OPINION Joseph Michael Dunham, the petitioner, was convicted after a jury trial in the County Court of New York, Dutchess County, of robbery in the first degree, burglary in the second degree, and possession of a dangerous weapon. Petitioner now is in prison serving the concurrent sentences imposed by the County Court for these crimes.1 His petition for a writ of habeas corpus is founded on the cl...
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MISCELLANEOUS ORDER NO. 71-13 MEMORANDUM AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS (By Assignment). This action is one of more than sixty so-called non-settling antibiotic drug cases which have been assigned to the undersigned judge for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. In re Antibiotic Drug Cases, 320 F.Supp. 586 (Jud. Pan.Mult...
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Five years have elapsed since the defendant was indicted on March 28, 1966 and charged with having violated the Selective Service Act, 50 U.S.C. App. § 462(a), in that he knowingly and willfully evaded service in the Armed Forces of the United States by causing to be submitted to Local Draft Board No. 6, Valley Stream, Nassau County, New York (the Board), false and fraudulent information to the...
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OPINION AND ORDER Defendants are charged with a violation of interstate gambling laws. They are alleged to be involved in a conspiracy to obtain gambling information and accepting wagers on national sporting events. Attached as Exhibit # 1 is a complete list of all motions filed on behalf of the various defendants. The motions are largely based on similar allegations. I will, therefore, c...
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OPINION Plaintiff was employed as a painter’s helper in defendant’s shipyard. A barge belonging to United States Steel Company was hauled out of the water for repairs. Plaintiff carried spray paint equipment aboard the beached barge and was injured in removing the cap from the pressurized spray paint tank. Plaintiff’s medical bills were paid by defendant and he was paid compensation under the prov...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER After a ten day hearing on plaintiff’s motion for a preliminary injunction and a careful consideration of both plaintiff’s and defendant’s suggested findings of fact, conclusions of law and briefs, the Court makes the following: FINDINGS OF FACT 1. Plastic Packaging Materials, Inc. (PPMI) is a corporation organized and existing unde...
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OPINION AND ORDER Before us is plaintiff’s Motion for Production of Documents under Rule 34 of the Federal Rules of Civil Procedure, in which plaintiff seeks a written statement allegedly secured by defendant or its insurer from Erwin Cooper, a former employee of defendant. This discovery motion arises out of a cause of action in negligence resulting from a fire at the home of Mr. and Mrs. Benjam...
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MEMORANDUM AND ORDER The original cause was filed in the 135th District Court, Calhoun County, Texas, under No. 6781, by First National Bank and Trust Company of Oklahoma City against Port Lavaca Vending Machines, Inc., Ted Dunnam and Clyde Dabbs. While the original petition is not before this Court, it appears' from the other pleadings that the original suit is on a promissory note execu...
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MEMORANDUM AND ORDER Diversity of citizenship must exist at the time of the filing of the original action, as well as at the time of petitioning for removal. W. Barron & A. Holtzoff, 1 Federal Practice and Procedures, § 103, n. 29.1 (Wright ed., 1960). The original complaint against Continental Oil Company and the “Estate or Heirs at Law of Ernest Edward Enyart, hereinafter called Defendant” was ...
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MEMORANDUM OPINION This is a civil action brought by the United States to reduce to judgment tax assessments in the amount of $313,631.45 against John H. and Vera R. Maxwell. I. FACTS On March 24, 1959, a jeopardy assessment was entered against both the Max-wells pursuant to 26 U.S.C. § 6861 for the major portion of the taxes involved in this action.1 On August 3, 1959, the taxpayers appealed the ...
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MEMORANDUM OPINION AND ORDER This is a suit by two individuals, Elizabeth Anna Duke and David William Hay-Ion, seeking injunctive and declaratory relief against the State of Texas and various of its agents and instrumentalities. In order to delineate clearly the context of the veritable maze of facts and law involved in this case, it is necessary that the relevant statutes, university reg...
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OPINION Plaintiff, Calvin Lane, brings this action to obtain review of a final decision of the Secretary of Health, Education and Welfare denying his fourth application for a period of disability and disability insurance benefits under §§ 216(i) and 223 of the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423. The Secretary urges in his motion for summary judgment that plaintiff’s failure to seek...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Willie Edward Douglas, a state prisoner, pursuant to 28 U.S.C.A. § 2241. The petition was originally filed in the United States District Court for the Eastern District of Virginia and was transferred to this court by order dated January 7, 1971. Petitioner is currently serv...
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MEMORANDUM This class action, brought sixteen years ago in an effort to end racial discrimination in the operation of public schools in Richmond, Virginia, is before the Court on a motion for attorneys’ fees. An appropriate ruling on the pending motion requires an abridged review of events since March of 1970. On March 10, 1970, a motion for further relief was filed in this case, and after extens...
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OPINION AND ORDER Claimant Henry S. Reuss, a member of the United States House of Representatives, has petitioned this court to recover informer fees pursuant to section 16 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 411. He seeks an award of one-half the fine imposed against the defendants in the cases of United States v. St. Regis Paper Company, No. 70-CR-105 (W.D.Wis., Jan. 25, 1971),...
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DECISION and ORDER A one-count indictment has charged the defendants with the theft of certain lawn mowers which were part of an interstate freight shipment. Two of the six defendants have filed motions which this decision will resolve. The defendant Beasley has moved for severance, and the defendant Taylor has moved for dismissal. Mr. Beasley’s motion is based on his contention that he will be pr...
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OPINION On October 2, 1969, the plaintiffs, KLPR-TV, Inc., hereinafter referred to as KLPR, and Coronado Corporation, hereinafter referred to as Coronado, both Oklahoma corporations with their principal places of business in Oklahoma City, filed this action for declaratory judgment against Visual Electronics Corporation, hereinafter referred to as Visual, a New York corporation with its p...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS Plaintiff brought this action for actual and exemplary damages as a result of defendants’ alleged misleading representations in connection with the offer of certain securities of a corporation reorganized pursuant to a consent decree and final judgment entered by this Court in United States v. Blue Chip Stamp Co. (C.D.Calif., June 5...
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On May 19, 1970, Julius W. Hobson, an original plaintiff in the class action which led to this court’s prior judgment and decree of June 19, 1967, 269 F.Supp. 401, affirmed, sub nom. Smuck v. Hobson, 132 U.S.App.D.C. 372, 408 F.2d 175 (1969) (en banc), filed an amended motion for both further relief and enforcement of the decree. Under the relief requested the per-pupil ex...
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MEMORANDUM OPINION This is an action filed by the Navy Relief Society to have a holographic writing of decedent, Francesca Ross Hall, admitted to probate as her last will and testament. Respondents herein are the two attorneys originally appointed as administrators of Miss Hall’s estate,, who represent decedent’s two sisters, the only heirs at law. Miss Hall had spent the last thirty year...
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This cause came before the Court upon petitioner Twenty Grand Offshore’s motion for summary judgment against claimant West India Carriers, Inc. This is a limitation action brought by Twenty Grand Offshore as owner of the tug “El Mulo Grande.” One of the claimants herein is West India Carriers, owner or charterer of the barge “Wisco Ranger,” which was under tow by the tug “El Mulo Grande” when the ...
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ORDER This matter is before the court on defendants’ motion to dismiss filed April 28, 1971 and plaintiff’s resistance thereto. In this action plaintiff seeks to enjoin defendants from the introduction into evidence in Criminal Cause No. 2342 of the District Court of Iowa, in and for l'owa County, the results of the analysis of a sample of plaintiff’s blood, taken while he was unconscious, pursuan...
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MEMORANDUM This is an action by James D. Hodgson, Secretary of Labor, United States Department of Labor, to enjoin the defendant, Elm Hill Meats of Kentucky, Inc., from violating the provisions of sections 6 and 7 of the Fair Labor *1012Standards Act of 1938 as amended (hereinafter the Act). Specifically the controversy involves the maximum hours provisions of section 7 of the Act. The plaintiff ...
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Ralph Wesley Thomas, Jr. seeks a preliminary and permanent injunction restraining defendants from enforcing an induction order and writ of mandamus compelling his local draft board to reclassify him in Class IV-D (divinity student) or to reopen his classification and thereby afford him certain procedural rights. The chronology of events leading to this litigation are found in plaintiff’s Selective...
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MEMORANDUM AND ORDER Petitioner, presently at liberty on bail under an order of a Maryland court pending the outcome of the within proceedings, was sentenced to a period of eight years’ confinement by Judge Albert L. Sklar in the Criminal Court of Baltimore on January 14, 1969, after Abrams had entered a plea of guilty to the charge of armed robbery. 1 In this petition for writ of habeas co...
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Plaintiff seeks a preliminary injunction to enjoin the defendants 1 from distributing or advertising a magazine entitled “Grand Diplome Cooking Course” and from infringing the trademark and trade name “Le Cordon Bleu.” 2 The cover sheet of the magazine bears the ti-tie “Grand Diplome Cooking Course” in one-inch bold type and above it in quarter-inch type is a byline, “Week...
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MEMORANDUM AND ORDER DENYING MOTION FOR RECONSIDERATION On February 17, 1971, this court directed two defendants, Canadian JohnsManville Ltd. and Canadian Johns-Man-ville Asbestos Ltd., to answer certain interrogatories propounded to it by the plaintiff under Rule 33 F.R.Civ.P. Particularly interrogatories 69, 70 and 71 were ordered to be answered with some limitations. This is an anti-trust ca...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND OPINION In this action tried to the court without a jury, the issue is which of the insurance policies issued by the respective parties provided coverage on a vehicle involved in an accident in which Mr. and Mrs. John P. Loftus sustained personal injuries resulting in their deaths. Mr. Loftus purchased a Ford Mustang from Linden Motors, Inc.,...
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MEMORANDUM AND ORDER Plaintiffs applied to the Comptroller of the Currency for permission to organize a new national bank pursuant to the provisions of 12 U.S.C. § 21 et seq. The Comptroller denied the application, and plaintiffs, alleging that the denial was “illegal, arbitrary, capricious and unfairly discriminatory,” filed in this court an action to compel the Comptroller to grant the charter o...
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MEMORANDUM OPINION The petitioner may proceed in forma pauperis. His petition is filed. Petitioner alleges that he was a prisoner of Louisiana serving a sentence in the state penitentiary, and that, while there, he was “removed, kidnapped” from the Louisiana state penitentiary by two Danville city detectives. He states that he did not have a hearing on extradition or of any other kind and did not ...
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OPINION AND ORDER These two actions involve a challenge to the constitutionality of the Wisconsin disorderly conduct statute, § 947.01(1), Wisconsin Statutes, after criminal prosecution of the plaintiffs had been commenced by the defendants. The plaintiffs are entertainers and proprietors of establishments in Milwaukee, Wisconsin, which feature “topless” dancing as entertainment. Defendants are l...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause was tried by the Court on March 23, 1971 through March 25, 1971. Plaintiff claims trademark infringement and unfair competition and seeks to enjoin the Defendant’s use of the name Mako in connection with the sale of boats and marine products. Defendant counterclaimed alleging trademark infringement and unfair competition and sought to enjoin the ...
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*126JUDGMENT GRANTING PETITION FOR HABEAS CORPUS Petitioner, an unconvicted inmate of the United States Medical Center for Federal Prisoners, has filed prior actions in this Court in which he has not been able to sustain jurisdiction, apparently because of his inability to make proper use of the forms supplied by this Court or to comprehend the meaning of the orders of this Court. See Belcher v. ...
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In this action plaintiff seeks to annul an order of the Interstate Commerce Commission denying it authority to transport lumber and lumber products from Park County, Montana, to points in Illinois, Indiana, Iowa, and Nebraska. The Commission denied plaintiff’s application for permanent authority in April, 1970. In September, 1970, the Commission affirmed its action and denied a petition for recons...
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The motions here raise novel questions of law in an unusual factual setting. The plaintiff alleges that she and her late, divorced husband obtained their naturalization decrees in this court by fraud. She seeks to have both decrees set aside. The motivation for such an unusual action is apparent from the papers. Despite the observation of Mr. Justice Black that “[n]ot only is United States citi...
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OPINION Petitioner brings this action pursuant to provisions of 28 U.S.C. § 2241. He seeks a Writ of Habeas Corpus to obtain his discharge from the United States Air Force. I In November, 1962, petitioner enlisted in the United States Air Force for a period of four years active duty and two years reserve duty. He served on active duty from November, 1962, through June, 1965, a total of two years a...
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MEMORANDUM OPINION AND ORDER Plaintiff in this Selective Service case seeks to enjoin the defendants from inducting him into the armed forces or from ordering him to report for induction. Defendants have moved to dismiss the complaint on two grounds, namely, that the Court lacks jurisdiction to review local board’s actions at this preinduction stage of the proceedings by reason of 50 U.S.C. App. ...
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OPINION AND ORDER On February 19, 1971, relator, a state prisoner serving a life sentence following his conviction for murder in the first degree in the Court of Quarter Sessions of Philadelphia County, filed a petition for a writ of habeas corpus alleging that his right to remain silent under the fifth amendment, as applied to the states through the fourteenth amendment [Malloy v. Hogan, 378. U.S...
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OPINION The Plaintiffs filed a complaint seeking injunctive relief in the nature of reinstatement of the minor Plaintiff, William, as a student in a private preparatory school. William, a sophomore in the school, and his parents reside in the District of Columbia. The Defendants are St. Francis Preparatory School and its headmaster, both of Spring Grove, Pennsylvania. William and eight other stude...
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MEMORANDUM DECISION This is an action by the plaintiff to recover $58.53 paid by him as a 100 per cent penalty tax with respect to social security and federal income taxes withheld from the employees of Wheel Sports, Inc., during the tax quarters ended September 30, 1965, September 30, 1966, and December 31, 1966. The defendant has counterclaimed for the unpaid balance due from Dougherty on the to...
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Plaintiff in this action seeks review of a decision of the Trademark Trial and Appeal Board of the United States Patent Office. On September 15, 1966, plaintiff applied to the Patent Office for registration as a service mark of the term DIGICOM for consulting and design services in the field of computer and electronic systems. Defendant filed an opposition to plaintiff’s proposed registration of ...
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MEMORANDUM AND ORDER The United States of America, for the Small Business Administration, has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motion asks for relief against defendant Hitchinrail Duplex Apartments, hereinafter referred to as Hitchinrail, a partnership consisting of Will Key Jefferson and Lawrence Nelson. The United States seeks in this ac...
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OPINION This matter is currently before me on motions by defendants Carney and Mahon to suppress certain evidence which they claim has been obtained in violation of their constitutional rights. From the lengthy and often conflicting testimony I find the following facts. FINDINGS OF FACT On Friday, November 6, 1970, Special Agent Lundgren of the FBI interviewed James D. Weiss, the security o...
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342 F. Supp. 365 (1971) Darrell TAYLOR v. PACKER DIVING AND SALVAGE COMPANY, Inc. Civ. A. No. 69-956. United States District Court, E. D. Louisiana, New Orleans Division. May 21, 1971. *366 John R. Martzell, Martzell & Montero, New Orleans, La., for plaintiff. Donald M. Pierce, Organ & Pierce, New Orleans, La., for defendant. COMISKEY, District Judge. FINDINGS OF FACT AND CONCLUSIONS OF ...
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MEMORANDUM The plaintiff, Dr. Henry S. Kahn, brought this action against the Secretary of Health, Education, and Welfare, the Surgeon General, and the Secretary of the Army, pursuant to 42 U.S.C. § 1983, challenging the lawfulness of defendants’ denying his application for a commission in the Public Health Service and seeking an order directing that he be granted such a commission. The case is co...
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On October 21, 1970, petitioner, Richard Bruce Kowall, filed a motion to vacate a sentence under 50 App. U.S.C.A. § 462, imposed by this court on July 10, 1969. 28 U.S.C.A. § 2255. He alleged that his arrest, conviction and sentence for failure to report for induction, which arose out of his local board’s declaration that petitioner was a delinquent, were invalid under Gutknecht v. United States, ...
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FINDINGS OF FACT 1. These three consolidated actions arose out of Hurricane Camille which struck the Port of Gulfport, Mississippi on the night of August 17 and the early morning of August 18, 1969. The various claimants except India Supply Mission, cargo owner aboard the HULDA, in-each of these three actions which were tried to the Court contend that the owners of the SS HULDA, SS SILVER HAWK and...
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*385MEMORANDUM OPINION In this case, the registrant claims that he orally requested form 150 in March or April of 1970. The file shows that on June 18, 1970, he was ordered to report for induction. This order to report was postponed from time to time and he was finally scheduled for induction on January 21, 1971. On July 6, 1970, he wrote a letter to the local board requesting a form on which to a...
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MEMORANDUM-DECISION AND ORDER This action comes on before the Court on plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment under Rule 56, Fed. R.Civ.P. In this ease, plaintiff seeks judgment directing the defendant to pay Child’s insurance benefits under 42 U.S.C. § 402(d) for a period in 1965 and Widow’s insurance benefits under 42 U.S.C. § 402(e) for a perio...
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OPINION This is a petition for a writ of habeas corpus. Petitioner, William Walker, was convicted on November 8, 1968, after a jury trial in New York State Supreme Court, Bronx County, of the crimes of robbery in the first degree, grand larceny in the third degree, and possession of a weapon, a misdemeanor. Petitioner is presently incarcerated in Auburn Prison, serving an indeterminate term not to...
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OPINION This is a diversity action arising out of an automobile accident. The Plaintiffs claim damages for pain, medical expenses, loss of wages, and property damage. The total for medical expenses, loss of wages, and property damage is substantially below the jurisdictional amount of $10,000.00. The defendant has moved to dismiss on the grounds that this Court lacks jurisdiction because the amoun...
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MEMORANDUM and ORDER This Social Security case involves judicial review of the final decision rendered by the Secretary of Health, Education and Welfare denying disability insurance benefits, 42 U.S.C. § 405(g). Areadio Ayala, a 53-year-old non-skilled, uneducated laborer, has challenged the Secretary’s adverse decision alleging that it is “contrary * * * to the facts and against the evidence.’’ T...
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OPINION and ORDER This case, and the defendant’s motion for judgment n. o. v., raise in almost pristine form, on relatively simple facts, highly complex questions going to the bases underlying the doctrines, so-called, of “contributory negligence” and “assumption of risk.” It is well to state first the facts, in the light most favorable to the plaintiff, to which light her jury verdict entitles h...
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OPINION This action is alleged to have arisen under 42 U.S.C.A. § 1983, which provides for redress of deprivation, under color of state law, of rights, privileges and immunities secured'by the Constitution of the United States. Jurisdiction of such actions is authorized by 28 U.S.C.A. § 1343. According to the complaint herein, defendants Fraley, Gilmer, and Taylor constitute the entire County Scho...
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OPINION and JUDGMENT In the southwestern part of Virginia at the junction of Smyth, Washington, and Grayson Counties rises a majestic mountain, which is known as White Top. Its peak reaches an elevation of 5533 feet above sea level and the property commands spectacular vistas of the surrounding countryside, of which it is a landmark. The United States brought an eminent domain proceeding to acquir...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus filed in forma pauperis by Carlton Sidney Daniels, a state prisoner, pursuant to the provisions of Title 28 U.S.C. sections 2241 and 2254. Petitioner is currently serving two sentences totalling twenty years pursuant to a judgment of the Corporation Court for the City of Lynchburg imposed on December ...
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MEMORANDUM ORDER In these consolidated actions, the plaintiff Abrams, an officer of two West Virginia corporations, seeks to recover a portion of certain employment taxes assessed against him under Section 6672 of the Internal Revenue Code of 1954. The Government in each case has filed a counterclaim for the unpaid portion of the employment taxes so assessed, and additionally, filed a third-party...
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OPINION AND ORDER DISMISSING COMPLAINT This is an action challenging the constitutionality of certain Wisconsin statutory provisions dealing with nuisances. Plaintiff seeks the convening of a three-judge court pursuant to Title 28 U.S.C. § 2281 to consider his claims relating to the unconstitutionality of §§ 280.09 and 280.10 of the Wisconsin Statutes.1 The plaintiff seeks declaratory and injunct...
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DECISION and ORDER In a carefully drawn complaint, the plaintiffs charge that through the fraudulent acts of certain designated defendants, the corporate assets of Polaris Corporation were sold under terms which were detrimental to the plaintiffs as minority stockholders. The defendants have filed a number of motions which this decision will consider; they include motions to dismiss, to strike ...
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This matter comes on to be heard on defendant’s motion to dismiss filed on April 9, 1971, and taken under submission by the Court after oral argument on April 29, 1971. The plaintiff seeks a declaratory judgment on a marine insurance policy and an injunction prohibiting defendant from filing suit elsewhere. The defendant contends that since neither a declaratory judgment nor an injunction is an av...
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MEMORANDUM OPINION This is an action by plaintiff, Frank Harris, to recover for personal injuries sustained when the boom of a crane came into contact with, or close enough to, an uninsulated high-voltage line so as to energize a cable attached to the crane which was then being handled by the plaintiff. At the time, he was working for the Harris Erection Service, an independent contractor, on the...
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*1172MEMORANDUM OPINION In this action the plaintiff, National Surety Corporation, seeks a judgment in the sum of $30,972.76, plus interest at 6%, alleged to be due on a promissory note signed by defendants, Freeman C. Talley and Wilda Talley, individually, and Crystal Springs Fishing Village, Inc., by Freeman C. Talley, President, Attest: Wilda Talley, Secretary, dated January 3, 1967. The plain...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT This is an action under 42 U.S.C. § 405(g) to review a “final decision” of the Secretary of Health, Education and Welfare. The plaintiff has exhausted all administrative remedies, 1 and the Appeals Council of the Social Security Administration informed the plaintiff: “[T]he hearing examiner’s decision stands as the final decision of the Se...
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This civil rights complaint was filed September 23, 1970, pursuant to 42 U.S. C. § 1983 and alleged jurisdiction under 28 U.S.C. §§ 1343(3) and 1651. The prepayment of fees and costs were waived and the Court appointed an attorney to represent the petitioner, as provided in 28 U.S.C. § 1915. Counsel then filed a substituted complaint in four counts, setting forth the petitioner’s claims for relie...
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OPINION This action comes before the Court on the defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Although the complaint contains no jurisdictional allegations, the Court’s jurisdiction has not been challenged. However, the Court notes here that which will become apparent hereafter — 28 U.S.C. § 1343 provides the jurisdictional basis for ...
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OPINION This is an action for patent infringement of U. S. Letters Patent No. 3,271,-916 issued on September 13, 1966 to Ray E. Omholt for Uniformly Resilient Flooring Systems. Plaintiff is the assignee of the patent and charges that since its issuance defendant, who competes with plaintiff in the manufacture and sale of flooring, has infringed the patent by making and selling flooring systems emb...
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PRELIMINARY OPINION A welder equipment maintenance repairman employed by defendant General Motors Corporation at its Fisher Body Division plant at Kalamazoo brings this action under Section 301 of the National Labor Relations Act, U.S.C. Title 29, Section 185, against General Motors Corporation and the UAW “on behalf of himself and all other employees of defendant General Motors Corporation who ma...
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MEMORANDUM & ORDER The issue in this Declaratory Judgment Action is as to the propriety of the action of U. S. Commerce Secretary Maurice Stans in approving a government loan to Packerland Packing Company to construct a four and one-half million dollar meat packing plant in South St. Paul, Minnesota. The plaintiffs are five meat packers operating in the South St. Paul market. The defendants are S...
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JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of “grand stealing.” Petitioner also requests leave to proceed in forma pauperis. Leave to proceed in forma pauperis has been previously granted. Petitioner states that he was convi...
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MEMORANDUM OPINION AND ORDER This action was filed under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., by Rose M. Melvin, seeking to recover for injuries sustained in an automobile accident involving her auto and a United States Post Office Department mail truck operated by a postal employee. As such, the case was tried to the Court without a jury, solely on the issue ...
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MEMORANDUM AND ORDER This matter arises on motion of the Court, sua sponte, to consider the question of the Court’s jurisdiction. The problem originally arose out of a motion to dismiss for lack of jurisdiction [Filing 32] filed by defendant Steven H. Schreiner [Schreiner], The basis of that motion was completely without merit and is hereby dismissed without further discussion. The basis of the C...
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OPINION On April 5, 1951, Morton Sobell was given a maximum prison sentence of 30 years for conspiring, between 1944 and 1950, to transmit national defense (atomic bomb) information to the Soviet Union. 1 On January 14, 1969, upon the basis of “good time” earned, 18 U.S.C. § 4161, he was mandatorily released, 18 U.S.C. § 4163. This means that he is now “deemed as if released on...
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Defendants, Warren Avis and Avis Industrial Corporation (hereafter “Avis Industrial”), move to dismiss this removed diversity contract action upon the grounds that there is no in personam jurisdiction over either of them and, with respect to Warren Avis, that service of process was improper under New York law. In his affidavit in opposition to defendants’ motions the plaintiff, ...
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The defendants Harary, Meyer Sutton and Abraham Sutton are charged in one indictment with having conspired to bribe a named Internal Revenue agent (count 1), with having bribed that agent (count 2), and with having given a gratuity to that agent (count 3). The date alleged is September 22, 1970 and the amount is $1,250. On the eve of trial the Suttons moved for a severance on the ground that a gov...
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ORDER Plaintiff proceeds in this case alleging the existence of a class of persons of which he claims to be representative, seeking relief in the form of damages and injunctions under 15 U.S.C.A. §§ 1, 15, 18, 22 and 26. Plaintiff’s claims are as follows: 1. 15 U.S.C.A. § 1. Plaintiff claims that Defendants’ agreement by which their merger was effected is a per se violation of this statute be...
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OPINION Taxpayers bring this action under 28 U.S.C. § 1346(a) (1) for a refund of income taxes paid after the Internal Revenue Service disallowed ordinary-income deductions for business bad debts and worthless stock. James and Helen Rookard filed a joint return for 1967. They claimed business bad-debt deductions totaling $25,618.58 under 26 U.S.C. § 166. This sum included $20,618.58 which Jam...
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OPINION AND ORDER DENYING PLAINTIFF’S MOTION AND DEMAND FOR JURY TRIAL Two causes of action are set forth in this complaint. The first cause of action is for patent infringement and complains of a sale by the defendant in 1968 of a carburizing furnace installed in a Chrysler Corporation plant in Indianapolis, Indiana. It seeks damages for the infringement, counsel fees, costs and injunction again...
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MEMORANDUM OPINION This matter is before the Court on an Order to Show Cause why the defendants should not be punished for contempt in violating a Stipulation in Lieu of Injunction. Suit was filed herein on November 30, 1970 by the plaintiff, a corporation organized under the laws of the Dominican Republic, against the above named defendants and also against Hitachi, Ltd., the manufacturing paren...
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Memorandum and Order: Plaintiff, Samuel L. Bryant, filed the instant action against Theodore B. Uland, Uland Oil Company, and Cherokee Drilling Corporation. The object of the suit is to recover from defendant the sum of $26,941.68, being the amount plaintiff alleges to have paid for unregistered securities covering oil and gas leases on lands located in Indiana. Recovery is sought unde...
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MEMORANDUM OPINION Plaintiff Meek Lane Doss, widow of M. S. Doss and Independent Executrix of his Estate, seeks by this civil action the refund of estate taxes and statutory interest from the date of payment. The jurisdiction of this Court is predicated on 28 U.S.C. § 1346(a) (1). The case was tried before the Court without a jury, and this Court has received and considered all of the evidence, s...
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JUDGMENT These actions began as garnishment proceedings in the Civil Court of the City of Norfolk, but were removed to this Court by the United States pursuant to 28 U.S.C. § 1441 and related sections. The garnishee, Norfolk and Western Railway Co., interpleaded the sum of $7042.14, which it owed to Delva, Inc., the judgment debtor, because both the United States and the First National Bank of ...
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DISTRICT COURT ORDER SETTING FORTH THE REASONS FOR AND REAFFIRMING ORDER OF DECEMBER 4, 1970, DENYING BAIL PENDING APPEAL AND ORDER RETURNING RECORD TO COURT OF APPEALS Pursuant to “Order for Remand, Request for Response by Government” issued by the Court of Appeals on January 26, 1971, remanding the question of *338bail pending appeal to this District Court, and requesting “that the reasons for d...
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Petitioner Coombs is an Army private who enlisted in the United States Army on January 23, 1970. On August 19, 1970 he filed an application with the Army for discharge as a conscientious objector. This request was denied by the Conscientious Objector Review Board on November 17, 1970. A second application was denied on March 9, 1971. Meanwhile, Coombs was charged with failure to obey lawful orders...
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David Jerome Tarnabine petitions for a writ of habeas corpus seeking his release from state custody on the ground that he is being held in violation of the Constitution. Available state remedies have been exhausted, and the petition is properly before the Court. 28 U.S.C. §§ 2241(c) (3), 2254. On August 17, 1967, petitioner Tarnabine appeared in Criminal District Court for the Parish of Orleans...
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ORDER GRANTING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING COMPLAINT Plaintiff’s former complaint in this Court, filed while he was still confined in the United States Medical Center for Federal Prisoners, alleged that Fawcett Publications had published in True magazine a libelous article respecting plaintiff’s purported criminal history. The complaint in that ease was di...
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This is a motion by plaintiffs for a preliminary injunction (Fed.R.Civ.P. 65) restraining defendants “from enforcing New York Judicial [Judiciary] Law § 495(5) by and through Part 608 of the Rules of the Supreme Court of the State of New York, Appellate Division, First Department”. The motion must be denied. Section 495 of the Judiciary Law, McKinney’s Consol.Laws, c. 30, is a general prohibition ...
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FINDINGS AND OPINION Jurisdiction herein is based on diversity of citizenship and requisite amount in controversy. This litigation results from a series of commercial transactions connected with the construction of a section of the Gowanus Expressway in Brooklyn, New York, hereafter called the “Gowanus Job”. What began as an innocent sale of structural steel by the plaintiff to the p...
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MEMORANDUM Plaintiffs, Murray and Kate Seiden, sue defendant, Price Waterhouse & Co., the certified public accountants for Performance Systems, Inc. (“PSI”) on behalf of themselves and representatively on behalf of all persons who purchased shares of the common stock of PSI (formerly known as Minnie Pearl’s Chicken Systems, Inc.) between February 21, 1969 and July 31, 1970. Plaintiffs’ action ari...
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Findings of Fact and Conclusions of Law This is an application brought by Gianni Cereda Fabrics, Inc., plaintiff herein, for a preliminary injunction against defendant, Bazaar Fabrics, Inc., enjoining defendant, pending final determination of this action, from manufacturing, converting, selling, or distributing textiles bearing a reproduction of a work of art known as “Cats in the Gras...
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ORDER Defendant Burckhalter has moved to remand or dismiss this action on the ground that the intervention of Longhorn Supply as a Plaintiff herein has defeated the Court’s jurisdiction. This action was brought by Plaintiff in state court to collect from Defendants for equipment and materials furnished in the drilling of an oil well. Plaintiff predicates his right of action in part on a note sign...
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MEMORANDUM AND ORDER Plaintiff here sues for the recovery of a manufacturer’s excise tax, penalties and interest paid. As of March 31, 1971, plaintiff claims an aggregate of $88,-502.16 plus interest from that date, which amount is the original claim for refund plus interest less the amount admittedly due the government for a sum erroneously refunded to the plaintiff on December 13, 1968. Tax was...
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OPINION and JUDGMENT This action is brought under section 205(g) of the Social Security Act, 42 U. S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The decision rendered by the hearing examiner on August 7, 1970 denying the plaintiff his claimed disability insurance benefits, became the final decision of the Secretary when the Appeals Council denied the ...
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MEMORANDUM OF DECISION RE LIABILITY I Introduction This is an action brought by the personal representative and executrix of the estate of Francis David Curry. Jurisdiction is in Admiralty and recovery is claimed under the Jones Act (46 U.S.C. § 688), the Public Vessels Act (46 U.S.C. § 781 et seq.), the Suits in Admiralty Act (46 U.S.C. § 741 et seq.), the Death on the High Seas Act (46 U.S.C....
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MEMORANDUM OF DECISION This is an action brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343 seeking a declaration of the constitutional invalidity of a Connecticut statute which makes it a criminal offense for a person to “carry or display a red flag or any other emblem as a symbol calculated to, or which may, incite people to disorders or breaches of the law.”1 Since the constitutional val...
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This is a petition for a writ of mandamus from a federal prisoner confined at the United States Penitentiary in Atlanta. Petitioner seeks to compel respondent to credit his federal sentence with 178 days spent in state custody. In support of his petition, petitioner alleges that he received a five year sentence on April 7, 1966, for uttering counterfeit postal money orders. On November 1, 1970,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiffs filed a Complaint for Declaratory Judgment pursuant to Title 28, United States Code, Sections 1337 and 2201 seeking to have this Court determine that their drug Krebiozen is not a new drug within the meaning of the Federal Food, Drug, and Cosmetic Act and is exempt from complying with the new drug provisions of the Act by virtu...
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MEMORANDUM OPINION The issue presented by defendant's motion for summary judgment is whether Section 226.1 et seq. of Volume 12 of the Code of Federal Regulations (otherwise known as and hereinafter referred to as Regulation Z) is a regulation constitutionally promulgated by the Federal Reserve Board within the scope of .the authority granted to it by the Truth in Lending Act (hereinafter...
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FINDINGS OF FACT 1. Plaintiff, The Scotch Whiskey Association, is a corporation organized un *596 der the laws of the United Kingdom and was formed by and is comprised of distillers, blenders or brokers of Scotch whiskey (Pretrial Order, Joint Statement of Facts, Para. 1). 2. Plaintiff, James Buchanan & Co. Ltd., is a corporation organized under the laws of the United Ki...
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MEMORANDUM OPINION The complaint1 herein attacks the validity of a certain regulation of the Mis*569sissippi State Department of Public Welfare having statewide application. The attack is based on two contentions, i.e. (1) that the regulation is unconstitutional in that it violates the Equal Protection and Due Process Clauses of the Constitution of the United States, and (2) that the regulation is...
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JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, an inmate of the Municipal Farm at 8100 Ozark Road, Kansas City, Missouri, orginally addressed a letter to this Court complaining in behalf of himself and others who allegedly had been arrested for drunkenness and placed in the “Municipal Farm” (“Municipal Correctional Institution”) because of their inability to pay fines that their rights un...
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ORDER This is an action for damages brought pursuant to 42 U.S.C. § 3604(d), alleging false representations and racial discrimination resulting in the eviction of plaintiffs from an apartment owned by defendants. Defendants filed a timely *1152 demand for a jury trial. Plaintiffs have moved to strike the demand, citing Rogers v. Loether, 312 F.Supp. 1008 (E.D.Wisc.1970), whic...
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MEMORANDUM Petitioner is a native and national of the Dominican Republic, sixty years of age, who has resided continuously in the United States since her lawful admission for permanent residence on October 23, 1959. She filed her petition on November 1, 1968 pursuant to Section 316(a). Immigration and Nationality Act (8 U.S.C. § 1427(a)). At the time of her admission into the United States, the Un...
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*1279 MEMORANDUM Greyhound Lines, Inc. has filed a reclamation petition, seeking to recover a balance of $36,790.42, representing the net proceeds of bus tickets sold by the Debtor, prior to the filing of its reorganization petition on June 21, 1970, pursuant to an agency agreement between the two companies. The agreement requires the Debtor to submit monthly statements of tickets sold, and t...
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MEMORANDUM Not all of the interest which accrued on Debtor’s bonded indebtedness and was payable prior to the filing of its reorganization petition on June 21, 1970, has in fact been paid. Many bondholders failed to present their coupons for payment before that date. In some instances, the coupons were presented for payment, and checks had been issued by the Debtor, but the checks were not present...
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MEMORANDUM and ORDER On March 2, 1971 this Court ordered the dismissal of the complaint1 upon finding that “no jurisdiction exists to entertain this complaint since section 863 of 48 U.S.C. was repealed on June 2, 1970 by Public Law 91-272 (84 Stat. 294) and defendant’s insured is a resident of Puerto Rico, not applying, therefore, 28 U.S.C. § 1332.” Plaintiffs moved immediately to set aside this ...
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ORDER This matter is before the court on plaintiff’s Motion to Remand the above entitled action to the Court of Common Pleas for Beaufort County, South Carolina, on the ground that the requisite diversity of citizenship was lacking when this action was commenced. The facts are not in dispute. Plaintiff, a South Carolina resident, commenced this action on February 7, 1969, by the service of Summons...
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MEMORANDUM OPINIONS AND ORDERS This is an action seeking judicial enforcement of the federally-protected civil rights of the plaintiffs under the Equal Employment Opportunities Act, 42 U.S. C. § 2000e et seq. (Title VII, Civil Rights Act of 1964). The defendant moves for a dismissal on the grounds that this Court lacks jurisdiction over the subject matter, Rule 12(b)(1), and for failure to state ...
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MEMORANDUM OPINION This matter was heard before the Court without a jury on the Complaint of the Plaintiff, Mrs. Dot Farrar against the Defendants, Claude Farrar and Inez Farrar, who are her son and daughter-in-law. The relief sought by Plaintiff is the reconveyances of the following described property: Lots 4, 5, 8 and 9, Block 7, Sulphur Springs Addition to the City of Fort Smith; Lot 5, Block ...
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329 F.Supp. 968 (1971) In the Matter of Melvin D. SAVAGE Jr., aka M. D. Savage, Jr., and Marguerite L. Savage, Bankrupts. Nos. 58194, 58195. United States District Court, C. D. California. May 17, 1971. Robert L. Meyer, U. S. Atty., Charles H. Magnuson, Asst. U. S. Atty., Chief, Tax Div., Los Angeles, Cal., for petitioner, U. S. A. Danning & Gill, J. L. Michaelson, Sherman Oaks, Cal., for res...
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MEMORANDUM OPINION Plaintiff, Walt Disney Productions, brings this action for the recovery of federal income taxes paid as the result of the disallowance of claimed investment credit for negatives used by plaintiff as a producer of films for exhibition in theaters, on television and other non-theatrical entertainment. The theatrical films are entitled BIG RED and BON VOYAGE. Films prepared and ...
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ORDER Plaintiff brings this action for recovery of proceeds under defendant’s profit sharing plan. He sues the employer, the Profit Sharing Committee and the trustee under the plan. Defendants have moved the Court to dismiss for lack of jurisdiction and for improper venue. This is the status of the case before the Court at this time. It appears that plaintiff, a Georgia citizen was an employee of ...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS The defendants move to dismiss the second amended complaint filed in this action for failure to state a claim under the federal securities laws or any other basis for federal jurisdiction. For the reasons set forth below, this court is of the opinion the motion should be granted. The plaintiffs O. T. Hogan and Al-more H. Teschke p...
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MEMORANDUM AND ORDER ON TELEDYNE DEFENDANTS’ MOTION TO DISMISS The defendants Walter H. Lenhard, Jr., Teledyne, Inc., and Teledyne Financial Corporation (the Teledyne defendants) move this court to dismiss the First Amended Complaint on the grounds that it fails to state a claim under the federal securities laws, and is devoid of any other basis for federal jurisdiction. For the reas...
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MEMORANDUM AND ORDER ON TEDEDYNE DEFENDANTS’ MOTION TO DISMISS The defendants Teledyne, Inc., Teledyne United Corporation, Unicoa Corporation, United Insurance Company (United), and Henry E. Singleton move to dismiss this class action as to them. 1 For the reasons stated below, this court is of the opinion that the motion should be granted. The class-plaintiffs are minorit...
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MEMORANDUM OPINION This is an action for common-law and statutory trademark infringement, unfair competition, and deceptive practices involving the alleged appropriation of plaintiff’s “HALLMARK” trademark. Plaintiff Waltham Watch Company (“Waltham”) is a Delaware corporation. Defendant Hallmark Jewelers, Inc. (“Hallmark-Pennsylvania”) is a Pennsylvania corporation, while defendant Hallma...
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MEMORANDUM AND ORDER. On January 15, 1971, a complaint was filed by plaintiff seeking injunctive relief and declaratory judgment against defendants for alleged violation of plaintiff’s constitutional rights under the United States Constitution. Plaintiff also asked for temporary injunctive process and, subsequently, also moved for summary judgment. All these matters were either resisted or answere...
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OPINION ON MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO DAMAGES CLAIMED FOR SALVAGE, SEARCH, AND WRECK REMOVAL EXPENSES The United States seeks to recover for the damages occasioned as a result of the collision of the S/S HELENA and the Buoy Tender WHITE ALDER. The claims for the loss of the WHITE ALDER and the buoys aboard her at the time of collision and for recovery of the cost o...
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327 F. Supp. 811 (1971) MONTGOMERY COUNTY BOARD OF EDUCATION et al., Plaintiffs, v. Ernest SHELTON, Tenna Allen, also known as Selestine Seals, and all other persons acting in concert with them, Defendants. No. WC 7114. United States District Court, N. D. Mississippi, W. D. May 17, 1971. *812 John M. Summer, Donald Bond, Winona, Miss., for plaintiffs. Michael McGough, Greenwood, Miss., for defend...
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MEMORANDUM Defendants move for an order pursuant to Rule 12(b), F.R.Civ.P., dismissing this action on the ground that this court lacks personal jurisdiction over the defendants; or, in the alternative, for an order pursuant to 28 U.S.C. § 1404(a) transferring this action to the United States District Court for the District of Puerto Rico; or, in the alternative, for an order staying all proceeding...
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Findings of Fact and Conclusions of Law This is an action by the Secretary of Labor to set aside the January 9, 1970 election of officers held by defendant, Liquor Salesmen’s Union, Local No. 2, (the Union) and for an order directing defendant to hold a new election under the Secretary’s supervision. 29 U.S.C. § 482(b), (c). The action was commenced on June 12, 1970. This was with...
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OPINION Plaintiff Samuel Spiewak is a registrant with the Selective Service System (SSS). Plaintiffs Henry and Mania Spiewak are his parents. On June 19, 1970, Samuel was ordered by defendant Local Board No. 127 to report for induction into the Armed Forces July 9. On July 8, the Local Board postponed his induction until the August 19 call pursuant to 32 C.F.R. 1632.2 1 because of his father’s ill...
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MEMORANDUM Certain shareholders of the Penn Central Company have renewed their requests that they be permitted to intervene generally in this proceeding for the reorganization of its wholly-owned subsidiary, Penn Central Transportation Company, under § 77 cf the Bankruptcy Act. All of the stock of the Debtor in reorganization is owned by the parent company. There are approximately 24 million shar...
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MEMORANDUM When the Debtor went into reorganization on June 21, 1970, it owed Consolidated Edison of New York, Inc., (hereinafter Con Ed) approximately $1,-200,000 for electricity and steam services furnished, chargeable to some 124 separate accounts. Shortly thereafter, before the Trustees had been appointed, Con Ed joined with various other utilities in petitioning the Court for an order requir...
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By their complaint filed December 4, 1970, and supplemental and amended complaint filed December 21, 1970, plaintiffs seek a judgment declaring that the regulations of the Board of Trustees covering the appearance of those students attending high schools in Lexington School District No. 1 violate the First, Eighth and Fourteenth Amendments and the right of privacy contained in the Bill of Rights t...
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329 F. Supp. 339 (1971) BASS ANGLERS SPORTSMAN'S SOCIETY OF AMERICA and Chattanooga Bass Club v. SCHOLZE TANNERY, INC., et al. Civ. A. No. 6009. United States District Court, E. D. Tennessee, S. D. May 17, 1971. *340 *341 Finnell, Thompson & Scott, Cleveland, Tenn., for plaintiffs. Chambliss, Bahner & Crawford, Chattanooga, Tenn., for defendants Swift Edible Oil Co., Farmers Chem. Co. &am...
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MEMORANDUM AND ORDER The plaintiff, Park ’N Fly, here brings suit against the City of Houston seeking a declaratory judgment that Municipal Ordinance No. 70-1951, 1 an ordinance *915 of the City of Houston, violates the Constitution of the United States, Art. I, § 8, and Amendment Fourteen. Plaintiff further seeks injunctive relief pursuant to 28 U.S.C. § 2201 et s...
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OPINION and JUDGMENT The action presently before the court is a complaint brought under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. *620The decision rendered by the hearing examiner on June 4, 1970 became the final decision of the Secretary when the Appeals Council denied the plaintiff’s request for re...
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MEMORANDUM This action, filed under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), on August 25, 1970, alleges injuries sustained by the infant plaintiff, Richard Muldez, arising out of the negligence of the defendant when the plaintiff and his friend found shells, on October 14, 1967, among the sand dunes and dugouts near the beach at the Naval Amphibious Base, Little Creek, Virginia. One w...
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MEMORANDUM Mrs. Susan Cohen, the plaintiff in the above styled action, complains that a regulation of the Chesterfield County School Board (School Board) which requires her to take a leave of absence from her duties as a teacher in Midlothian High School at the end of her fifth month of pregnancy violates her constitutional rights in that it discriminates against her as a woman, thereby violati...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On February 11, 1971, at 10:00 A.M., this case was tried to the Court without a jury. Upon consideration of the evidence introduced by the parties in this proceeding by way of a Stipulation of Agreed Facts, as well as the pleadings and other documents filed in this matter, and upon oral argument by counsel, *618the Court makes the following Findings of Fact ...
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*543MEMORANDUM OPINION Plaintiff, a national bank headquartered in Fairbanks, Alaska, brings this suit for declaratory judgment and injunctive relief contending that the defendant Comptroller of the Currency abused his discretion and violated his own procedural requirements by approving the application of intervenor, a national bank having its main office in Anchorage, Alaska, to open a branch in...
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RULING ON DEFENDANTS’ MOTION TO DISMISS In this action the plaintiff seeks declaratory and injunctive relief with respect to certain proceedings presently pending before a one-man grand jury of the State of Connecticut, Conn. Gen. Stat. §§ 54-47 and 54-47a, and moves for the convocation of a three-judge district court under 28 U.S.C. § 2281. It is alleged that the action is authorized by the Ci...
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MEMORANDUM OPINION AND ORDER THIS CAUSE came on for trial before the Court without a jury on April 27, 1971. The Court heard testimony, received exhibits, has reviewed the depositions of Benjamin A. Simmons, Jack D. Sohl, Willis Sprattling, Jr., and John Amaral as well as the Answers to Interrogatories Propounded by Aerojet-General Corporation to United States of America filed September 2...
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MEMORANDUM AND ORDER This matter comes before the Court on various motions of the parties. At the center of the controversy is a fifty-acre parcel of land on the waters of Spur Creek in Ohio County, Kentucky. On July 30, 1902, Jesse N. and Mary E. Baggerly, the owners of the entire parcel, conveyed to the Taylor Coal Company all of the coal and other minerals within or under the parcel. By mesne ...
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RULING ON REVIEW In this bankruptcy proceeding before us on review, involving a wholesale motor vehicle financing arrangement, Ford did not have a “better idea.” The better idea would have been for Ford Motor Credit Company (FMCC), which appeals from the Referee’s ruling against it, to have availed itself of Louisiana’s chattel mortgage floor plan scheme1 in order to obtain a security interest cl...
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This is an action brought against the Secretary of Agriculture and American Smelting and Refining Company seeking to protect the Challis National Forest in the State of Idaho. Plaintiffs are a citizen of West Virginia and a citizen of Maryland; the latter sues individually and as President of the North American Habitat Preservation Society, a Pennsylvania corporation. 1 They sue...
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OPINION OF THE COURT, INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Jack Scanlon asks for a refund of income tax withholdings, Federal insurance contributions taxes and Federal excise taxes assessed against him and paid by his employer Abner Wolfe, Inc. On May 7, 1971, the Government filed a Motion to Dismiss on the basis that Jack Scanlon, the taxpayer suing for the refund, had...
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MEMORANDUM Petitioner was convicted on December 16, 1965, by a jury in the Circuit Court of St. Louis County, Missouri, of murder in the first degree. A sentence of *304life imprisonment was imposed. Petitioner appealed to the Supreme Court of Missouri, which affirmed his conviction and sentence on December 9, 1968, in State of Missouri v. Edwards, 435 S.W.2d 1 (Mo.1968). Prior to deciding his app...
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OPINION Petitioner John Ormento was one of thirteen defendants convicted by a jury after a ten-week trial of conspiracy to import and distribute vast quantities of heroin in violation of the federal narcotics laws. He moves, by his retained attorney, William C. Erbecker of the Indiana bar, for post-conviction relief, pursuant to 28 U.S.C. § 2255, granting a hearing and vacating a judgment of conv...
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MEMORANDUM By order to show cause dated April 30, 1971, plaintiffs, four sergeants with the New York City Police Department, move pursuant to Fed.R.Civ.P. 65(a) to enjoin defendants, the Commission to Investigate Allegations of Police Cor*263ruption and the City’s Anti-Corruption Procedures (hereinafter referred to as the “Commission”) and its individual members, from attempting to compel the appe...
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MEMORANDUM Plaintiffs, who are in their sixth year of service in five Ready Reserve units of the 77th United States Army Reserve *994Command, move for an order, pursuant to Rule 65, F.R.Civ.P., granting a preliminary injunction against defendants, ordering and directing them to transfer plaintiffs to the Standby Reserve, on the grounds that the continued participation of plaintiffs in the Ready Re...
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MEMORANDUM Defendant is charged with concealing and facilitating the transportation of heroin and of conspiring to commit that crime. 21 U.S.C. §§ 173, 174. He has moved to suppress heroin taken from his person. Presented is the question of whether the anti-hijacking system used at our airports is constitutional. For the reasons indicated below, we hold the system valid. Nevertheless...
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Memorandum-Decision and Order Under date of March 30, 1971 I received a letter from Laurence Sovik, Attorney, enclosing his petition in the above-entitled matter, together with a proposed order. The petition discloses that he is a member of the firm who were attorneys for the Trustee in the above-entitled matter; that as such, under date of June 11, 1969, he prepared and submitted a final order ju...
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OPINION and ORDER SUMMARY This cause comes before the Court as a condemnation action brought at the request of the Secretary of the Interior and commenced by the filing of the plaintiff’s Complaint in Condemnation, Declaration of Taking and Notice of Condemnation on July 24, 1969. The Certificate of Deposit of Estimated Just Compensation filed on the same date shows that the plaintif...
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MEMORANDUM OPINION Plaintiff, Lindsey O. Galyen, sues the Defendant, Voyager Inn, Inc., for a Twenty Thousand Dollar ($20,000.00) Real Estate Broker’s Commission on an Exchange Contract dated February 8, 1969 and entered into between Voyager Inn and one John Gilmartin. Plaintiff also signed the Contract as Agent. Plaintiff acknowledges that he has received Two Thousand Dollars ($2,000.-00) from t...
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OPINION Jury trial having been duly waived, and the Government’s evidence received, and the defendants having put in no evidence, the Court, being convinced beyond a reasonable doubt, found as facts that defendants did purchase and receive guns1 from licensed gun dealers, and did in each instance in connection with such transactions knowingly execute false statements on Form 4473 that they had not...
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MEMORANDUM AND ORDER The question in this case is the propriety of service upon a foreign corporation. Defendant moved to dismiss for jurisdictional reasons, contending that it was not “doing business” in Pennsylvania. After filing suit, plaintiff caused a copy of the summons and complaint to be delivered to the Secretary of the Commonwealth. Rule 4(d) (3) of the Federal Rules of Civil Procedure ...
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MEMORANDUM ORDER DENYING MOTION TO VACATE SENTENCE The petitioner, Morrison, brings this action under 28 U.S.C. § 2255 seeking to vacate his judgment of conviction and sentence in Cr. 1-98, United States of *2America v. Marvin McKinley Morrison and Joe Frederick McDonald, in this Court on May 21, 1968. Morrison was convicted under count 1 of the indictment which alleged a violation of 18 U.S.C. § ...
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MEMORANDUM OPINION This suit was instituted by the Secretary of Labor, pursuant to Title IV of the Labor-Management Reporting and Disclosure Act of 1959, to declare an election of officers held by Local No. 920, Teamsters Union of America, to be null and void and for an order directing the Local to conduct a new election under the Secretary’s supervision. Jurisdiction of this action is conferred ...
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MEMORANDUM OF DECISION AND ORDER The facts in this case are the same as those in Henry v. Betit, 323 F.Supp. 418 (D.Alaska .1971), with the exception that in this instance plaintiffs attempt to compel the federal government to release funds for the AFDC-UP Program regardless of whether or not the State submits an AFDC-UP plan. Plaintiffs allege that by conditioning funds upon the submission of a ...
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(concurring in part and dissenting in part): I concur in the above opinion except for those portions relating to Jurisdiction and Class Actions. Since plaintiffs Barbour, DuBois and Townsend have incomes which qualify them as “poor” under the guidelines published by the Office of Economic Opportunity, I would permit them to maintain this action as a class action on behalf of persons residing in Ne...
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This case began as an attack by the plaintiff, Alfred Jernigan, complaining of a pre-judgment seizure of a car by his former employer, Defendant Economy Exterminating Company, pursuant to the Georgia bail trover statutes (Ga.Code Ann. § 107-201 et seq.). The constitutionality of these statutes was attacked for the same reasons relied upon in Sniadach v. Family Finance Corp., 395 U.S. 337, 89 S.Ct....
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ORDER Pursuant to 28 U.S.C. § 2281 and § 2284, a three-judge court was convened to determine the constitutionality of § 2-801 of the Georgia Constitution of 1945. This action was initiated by Mrs. Judith Kronlund, on behalf of herself and others similarly situated on the grounds that this statute constitutes an unconstitutional deprivation of rights guaranteed by the Equal Protection Clause of ...
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MEMORANDUM OPINION AND ORDER Plaintiff in this cause seeks reversal of the decision of the hearing examiner for the Social Security Administration, affirmed by the Administrative Appeals Council on April 9, 1970. Plaintiff has been ordered to reimburse the Social Security Administration for the benefits paid to him, as conservator, on behalf of his father for the period of May, 1961 through August...
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MEMORANDUM OPINION The plaintiff, United States Fire Insurance Company, is a corporation organized under the laws of New York State. The defendant, Insurance Company of North America, is a corporation organized under the laws of Pennsylvania and doing business within Missouri. The plaintiff commenced this action against the defendant in the Circuit Court of the City of St. Louis to recover in exc...
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OPINION Before FORMAN, Circuit Judge, * and BARLOW and WORTENDYKE, District Judges. This action was commenced on August 18, 1970 by the filing of a complaint by Vivian Spencer and Geraldine Chavis by their respective guardians ad litem against George F. Kugler, Attorney General of New Jersey, Carl Marburger, Commissioner of Education, and the State Board of Education of the State. This Co...
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OPINION and ORDER Petitioner Edgar Smith is before the court seeking a writ of habeas corpus. His petition was filed in 1965. He is confined in the New Jersey State Prison at Trenton awaiting the execution of a death sentence imposed by the Bergen County Court on June 4, 1957, after a jury trial for murder. Since that time petitioner has sought unsuccessfully to have the conviction set aside. ...
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MEMORANDUM Plaintiff, an employee of defendant Port Linen Supply, Inc. (“Laundry”), sued American Export Isbrandtsen Lines, Inc. (“American Export”) and his employer to recover damages arising from a heart attack which he alleged he suffered as a laundryman aboard American Export’s vessel, the S.S. CONSTITUTION, on February 4, 1966. The action was tried before a jury in February, 1971, the jury re...
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OPINION This is a motion by plaintiff, pursuant to Rule 56, F.R.Civ.P. seeking summary judgment dismissing each of defendant’s four counterclaims on the ground that there is no genuine issue as to any material fact and that plaintiff is entitled to judgment as a matter of law. The gravamen of each counterclaim is an alleged defamation by Buckley of Vidal. The first three counterclaim...
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Petitioner, Robert Clayton, presently incarcerated in Attica Correctional Facility, Attica, N. Y., upon conviction, after a jury trial, of second degree murder, seeks his release through federal habeas corpus. He was sentenced to a term of thirty years to life imprisonment on February 25, 1953, and no appeal was taken from the judgment of conviction. His principal claim for release is the introduc...
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MEMORANDUM Plaintiff has moved for a preliminary injunction restraining sales by the defendants to plaintiff’s former customers. Plaintiff is a wholesale dealer in ice cream, incorporated in New Jersey. Its yearly sales volume is approximately $2.5 million, of which some 40% is sold in New York. The New York office is responsible for processing less than half of the New York sales, th...
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MEMORANDUM OPINION In this railroad crossing accident case the three original plaintiffs were the driver and two passengers of a truck that was struck by defendant’s train. The truck was owned by Pennsylvania Gas Company, the employer of the three occupants. The defendant railroad moved to join the Pennsylvania Gas Company and Raymond F. Will, the driver of the truck, as third party defendants, a...
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*1269MEMORANDUM The Penn Central Company owns all of the outstanding stock of the Debtor, but is not itself in reorganization. In connection with the proposed refinancing of a $50 million obligation of the parent company, the latter proposes to issue certain promissory notes, convertible into common stock of the parent company at the price of $7.16 per share. The proposed refinancing would require...
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MEMORANDUM On February 22, 1971, I entered Order No. 168, authorizing the Trustees to sell certain real estate in the Borough of Bristol, Bucks County, Pennsylvania, free of lien. The Order provided that “all liens on the property conveyed pursuant to this Order shall attach to the proceeds from the conveyance, in the respective order of priorities thereof”, and directed the deposit of the proceed...
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ORDER This is a suit for personal injury, under the Federal Tort Claims Act, against the defendant United States of America. The United States of America has filed a third-party complaint against the County of Darlington, South Carolina, alleging that if it is liable to the plaintiff the County of Darlington is liable over to the United States of America. Plaintiff seeks damages resulting from an...
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MEMORANDUM ORDER AND DECISION Plaintiff, H. Wetter Manufacturing Company, has sued the defendant, the United States of America, for a refund of Federal personal holding company tax and interest in the amount of $21,839.42, plus interest thereon, for the taxable year ended December 31, 1965. This personal holding company tax was assessed as a result of the Internal Revenue Service’s application of...
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MEMORANDUM AND ORDER The defendant Mr. Bond applied to this Court for enlargement on bail bond *539pending appellate review herein. By-findings, certificate and order of September 14,1970, it was decided: * * * It is the finding of the Court, from the medical evidence adduced upon the trial that Mr. Bond’s spasmodic mental condition is such that he may be reasonably expected to commit another crim...
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OPINION and ORDER This action involves a motion to vacate sentence pursuant to 28 U.S.C.A.* § 2255. The sentences being attacked result from convictions rendered in this court against the petitioner on December 11, 1969 for failing to report for induction into the armed forces and failing to keep his local Selective Service Board advised of his current address. 50 U.S.C. App. § 462. Concurrent ind...
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OPINION On August 10, 1970, plaintiffs commenced this suit to recover judgment against defendant in the sum of $33,995.-91, and alleged: “2. Defendant owes plaintiffs Thirty-three Thousand, Nine Hundred Ninety-five and 91/100 Dollars ($33,995.91) for money lent by plaintiffs’ legator, David A. Burkett, to defendant on the following dates: “Count 1: Money lent on March 5, 1969 $15,000.00 Upon which...
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MEMORANDUM GRANTING MOTION FOR SUMMARY JUDGMENT This matter is on the court’s calendar on plaintiffs’ motion for summary judgment on the question of defendants' accountability for racial imbalance existing in the Oxnard Elementary Schools. The motion was heard by the court on May 10, 1971. Plaintiffs were represented by Thomas Malley, of the Legal Service Center of Ventura County, and Stephen K...
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*706MEMORANDUM DECISION AND ORDER The sole question before the court is whether the District Court for the Southern District of California has jurisdiction to entertain on the merits petitioner’s application for a writ of habeas corpus. Specifically, the court has been asked to decide whether petitioner has named as a respondent any custodian, or one in the chain of command, who is within the terr...
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MEMORANDUM DECISION AND ORDER This matter came on for hearing upon defendant’s motion to dismiss the complaint and plaintiff’s motion for leave to amend the complaint. At the conclusion of the hearing the matter was submitted to the court for decision. FACTS This complaint was originally filed on February 5, 1970, by the plaintiff acting *220in propria persona. Plaintiff was seeking money damages ...
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*589 FINAL ORDER This cause came on for trial by the Court, sitting without a jury, on February 16, 17, 18, 25, and March 3 and 10, 1971, at which time the Court heard the oral testimony of the witnesses for the parties, examined the exhibits and other evidence introduced by the parties, heard the oral argument of counsel for the parties, and studied the legal authorities submitt...
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ORDER The State of Georgia has supplemented its response as directed by this court’s order dated February 8, 1971. The affidavits and exhibits submitted by *1003the respondent conclusively refute the petitioner’s allegations that Negroes were systematically excluded from the juries which indicted and convicted him. The petitioner, a Negro, was indicted July 30, 1968, by a Fulton County, Georgia, g...
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OPINION This is an action in which plaintiff, a black man, seeks injunctive relief and damages against the defendant, Chrysler Corporation, for alleged violation of his rights under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. § 2000e et seq., and under the Civil Rights Act of 1866, 42 U.S.C. § 1981. Specifically, plaintiff alleges that defendant, through its general ...
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OPINION This is a contempt proceeding under a consent decree in an action brought by the United States pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. In the complaint, filed on May 22, 1968, the Government charged that defendant Local Union No. 46 of the Wood, Wire and Metal Lathers International Union, “has engaged and is engaged in a pattern and practice of dis...
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MEMORANDUM OPINION The minor plaintiff, on behalf of himself and on behalf of others similarly situated, seeks injunctive relief and monetary damages against the defendants by reason of the fact that the minor plaintiff was denied the privilege of selling newspapers at a public school in Orange County, North Carolina, in which the minor plaintiff was enrolled as a student. Following joinder of the...
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MEMORANDUM AND ORDER This case has been presented to this Court asking for injunction against the defendant, Cleveland Board of Education, from enforcing a regulation of the Cleveland School Board prohibiting teachers who become pregnant from *1209 teaching their classes past the fourth month of pregnancy. The plaintiffs in the case, Jo Carol La Fleur and Ann Elizabeth Nelson are teachers i...
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MEMORANDUM OF DECISION Defendant hired plaintiff to load a barge with logs with plaintiff’s crane barge ATLAS, manned by an operator and engineer. Plaintiff was to lift logs from the water and place them on the flat steel deck of the barge. On April 18, 1969, the barge became overloaded; it capsized and damaged ATLAS. I have already found the amount of damages plaintiff sustained and that this da...
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MEMORANDUM AND ORDER GRANTING MOTION FOR NEW TRIAL The wife-plaintiff, Mrs. Mary Balaska, slipped upon liquid detergent in the aisle of defendant’s store. Shortly before the fall of the wife-plaintiff, another fall had occurred in the same place and defendant had attempted to clean the aisle. The defense offered no testimony and presented no evidence at all to contradict plaintiff’s liability wit...
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OPINION This class action arises from the planned construction of two major highways through a public park in the City of Harrisburg, Pennsylvania. Plaintiffs are a community group, the Harrisburg Coalition Against Ruining the Environment, several students and faculty members of the Harrisburg Area Community College (hereinafter, HAC), and certain black residents of the Uptown area of Har...
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OPINION This is a petition by Lovlee Creations, Inc. (hereinafter called “Lovlee”) for a review of the decision and order of the Referee in Bankruptcy entered on March 31, 1970 wherein he denied the petition of Lovlee for the reclamation of certain personal property belonging to the bankrupt, Sales Incentives Corporation (hereinafter called “Sales Incentives”); declared invalid and unenforceable ...
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MEMORANDUM AND ORDER DENIAL OF MOTION FOR SUMMARY JUDGMENT On or about October 15, 1968, a cargo of ERW black steel line pipe, was loaded on board the S. S. Egle in Nogoya, Japan. This cargo pipe was shipped under Toko Kaiun Kabushiki Kaisha’s (Toko) bills of lading. The cargo was delivered in Houston from the vessel on or about December 1, 1968. On May 26, 1969, which was with...
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327 F.Supp. 1368 (1971) Ethel M. NORRIS, an infant who sues by Granville M. Norris, her father and next friend, et al., Plaintiffs, v. STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA et al., Defendants. Civ. A. No. 365-70-R. United States District Court, E. D. Virginia, Richmond Division. May 12, 1971. *1369 S. W. Tucker, Henry L. Marsh, III, Seymour Dubow, James W. Benton, Jr., Hill, Tucker &...
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OPINION and ORDER Petition for Habeas Corpus having been filed on March 15, 1971 and response duly filed, this Court granted a hearing on March 17, 1971 indicating to the parties, both informally prior to said hearing and at the time of hearing in open court, that the parties could use the three hours set aside for hearing to present evidence, both oral and documentary. Petitioner did present cert...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER An evidentiary hearing on petitioner’s application for a writ of habeas corpus in the above entitled matter was commenced on April 27, 1971, and was continued to and concluded on April 28,1971, petitioner being present and appearing by Michael P. Balaban, appointed by the Court, and respondent appearing by Evelle J. Younger, Attorney General of the...
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ORDER In this case plaintiff, as widow of Virgil I. Grissom, sues for the wrongful death of her late husband under Chapter 768, Florida Statutes, F.S.A. It is alleged that on January 28, 1967, Virgil I. Grissom died while engaged in a “ground test” of an Apollo space capsule manufactured by defendant, North American Rockwell Corporation. His widow, Betty Grissom, subsequently brought separate s...
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Plaintiffs bring this suit on behalf of themselves and numerous absentee plaintiffs, to recover damages allegedly suffered in connection with the purchase or exchange of capital stock of defendant, Graphic Enterprises, Inc. (Graphic). The suit is based upon alleged violations of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and S.E.C. Rule 10b-5, 17 C.F.R. § 240.10b-5. This cour...
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MEMORANDUM I This is an action sounding in negligence. Plaintiff, as administrator of the estate of Michael Capozzi, seeks compensatory damage for conscious pain and suffering and wrongful death. Defendants, Economy Volkswagen (Economy) and Michael Rendon (Rendon), deny all the material allegations of the complaint and plead affirmatively that the plaintiff’s exclusive remedy is under the Workmen...
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Findings of Fact and Conclusions of Law This is an action for copyright infringement arising under 17 U.S.C. § 1 et seq. Plaintiffs seek a preliminary injunction restraining the defendants from performing a play which allegedly infringes their copyright. On April 29, 1971, after two hearings on the matter, this court issued a temporary restraining order, pending the determination of the motio...
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OMNIBUS OPINION PRELIMINARY STATEMENT An order was entered on March 5, 1969, in Wheeler et al. v. Goodman et al., 298 F.Supp. 935 (W.D.N.C., 1969), finding facts about then recent operations of the Charlotte City Police Department, and placing precautionary restraints upon its future operations. The plaintiffs in Wheeler filed a motion on June 25, 1969, requesting contempt proceedings and requesti...
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OPINION Plaintiff, Stanley Bright, III, by complaint filed February 22, 1971, commenced this action against the Philadelphia-Baltimore-Washington Stock Exchange (“PBW”), and the individual members of its Board of Governors (“Board”). Plaintiff claims that defendants violated a duty created by the Securities Exchange Act of 1934, as amended (“Act”), 15 U.S.C. § 78a et seq., by their failur...
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OPINION The seeds of this case were sown in 1964. An incident in January of that year led to relator’s indictment under Bills 1328 (possession of narcotic drugs), 1329 (use of narcotic drugs), and 1330 (assault and battery and resisting .arrest) [January Sessions], An incident in August led to relator’s indictment under Bill No. 1136 (possession of narcotic drugs) [September Sessions], A November ...
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OPINION AND ORDER The petitioner, Michael J. O’Neill, was a selective service registrant registered with Local Board No. 135, Santa Ana, California. He later moved to Pittsburgh, Pennsylvania, and on February 18, 1971, was ordered to report for induction on February 25, 1971. Local Board 135 on February 11, 1971, transferred the induction procedure to Transfer Board 15, Pittsburgh, Pennsylvania, *...
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OPINION AND ORDER This is a suit under the Federal Tort Claims Act. It raises the question of *1082 whether the administratrix of the estate of a serviceman who became ill while on leave, entered a military hospital for treatment, and whose duty station was transferred to that hospital pursuant to Navy regulation, may maintain an action for medical malpractice against the Gov...
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OPINION This matter came on for non-jury trial before me following the presentation of an indictment by the Grand Jury on November 7, 1969, charging the defendant, Thomas Francis Driscoll, with failure to submit to induction into the Armed Forces of the United States in violation of Title 50, Appendix, United States Code, § 462(a). The record discloses that the defendant was born on June 21, 1948 ...
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OPINION Few admiralty doctrines have received more criticism and with so little effect as that which holds that agreements for the construction of vessels are not maritime contracts and, hence, not within the purview of admiralty jurisdiction. 1 This holding has been repeated many times by decisions of the Supreme Court 2 and is now accepted as firmly established, al...
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MEMORANDUM AND ORDER We have before us the petition of the reorganization debtor to reject an executory sublease. For the reasons hereinafter stated, the petition will be granted. *1257 Petitioners are the duly qualified trustees of Red Dodge Aviation, Inc. 1 (“Red Dodge”). Red Dodge is engaged in the business of carrying commercial air freight between Anchorage, ...
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MEMORANDUM AND ORDER The complaint in this case was filed on June 16th, 1969. Plaintiffs claimed damages caused by a fire that occurred on July 16th, 1968, in their store building located in Bayamón, Puerto Rico, allegedly as a result of codefendant’s breach of their obligations under certain construction contract and subcontracts. Two of the codefendants, Edward J. Gerrits, Inc., and Edward J. G...
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ORDER Plaintiff brought this action pursuant to § 205(g) of the Social Security Act, as amended (42 U.S.C.A. § 405(g)), to obtain judicial review of a “final decision” of the Secretary of Health, Education, and Welfare, denying her claim for disabled widow’s benefits under the Social Security Act. The plaintiff filed an application for benefits as the disabled widow of a fully insured wage earner ...
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SUPPLEMENTAL MEMORANDUM OPINION A Memorandum Opinion in this case was issued on December 4, 1970, 321 F. Supp. 1043, and dealt primarily with the legal basis for this Court’s action in its *237 Order of November 24, 1970. 1 Among other things, that Order directed the [Defendant school districts, their superintendents, the county boards of education, and county superintendents [to] collabo...
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ORDER On this 11th day of May, 1971, came on to be considered the Petition for Writ of Habeas Corpus of John Edward Trombley for separation and discharge from the U. S. Army on the grounds that Petitioner is deprived of his liberty because the Department of the Army by and through the U. S. Army Conscientious Objector Review Board unlawfully denied his request to be discharged from the U. S. Army ...
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OPINION Petitioner, a Virginia State prisoner, seeks habeas corpus relief under 28 U.S. C. § 2241, complaining that his current imprisonment pursuant to a conviction of armed robbery is unlawful, and challenging the legality of a consecutive sentence for kidnapping. On January 20, 1966, Russell was convicted of armed robbery and sentenced to thirty years’ imprisonment following a jury trial in the...
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MEMORANDUM ORDER Sterling Leon Evans, Jr. attacks the validity of his conviction on December 17, 1959, in the Circuit Court of the City of Virginia Beach, for three counts of statutory burglary and one count of attempted burglary. Evans pleaded guilty and was sentenced to a term of five years on one count. The sentences on the other counts were either suspended or to run concurrently, with a perio...
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FINDINGS OF FACT This Court having considered the pleadings, the stipulation of fact and the oral and written arguments of the parties and the exhibits hereby finds the following as fact: 1. The United States made assessments of federal income tax, penalties and interest against Maggie P. Tookestransferee, on October 21, 1949, as set out below : DATE OF ASSESSMENT PERIOD OF TYPE OF AND NOTI...
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ORDER GRANTING MOTION TO DISMISS This action was brought upon a claim of patent infringement, the Court’s jurisdiction resting upon 35 U.S.C. § 281 and 28 U.S.C. § 1338. Plaintiffs contend that Defendant Aileen, Inc., by making and selling textile fabrics from yarn processed on certain named machines, violates the rights of Plaintiff Lex Tex Ltd., Inc. under certain letters patent which it has be...
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MEMORANDUM OPINION AND ORDER This case is a suit by the holder of a patent for a smokeless broiler. The defendant Marshall Field & Company is alleged to have infringed the plaintiff’s broiler by sale of a similar smokeless broiler manufactured by the Dominion Company. The defendant has filed a motion for summary judgment based on four separate grounds of alleged invalidity. In plaintiff’s answer,...
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MEMORANDUM This case arises out of an action by the Comptroller of the Currency (hereinafter Comptroller) granting an application made by the Mercantile National Bank (hereinafter Mercantile) for a certificate of authority which would permit it to establish a branch bank at the intersection of 95th Avenue and Taft Street in Ross Township, Lake County, Indiana. The plaintiffs have filed su...
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MEMORANDUM The defendant, Peter Clay Wilmoth, was indicted on three counts of unlawful possession of firearms in violation of federal statutes. Defendant Wilmoth has moved to suppress evidence seized from him at the time of his arrest and has requested that the seized property be returned to him. An evidentiary hearing was held on this motion on March 3, 1971. On the evidence presented at the hear...
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ORDER This is an action brought to challenge the constitutional validity of two questions regarding political associations which the plaintiff is required to answer on an application for a residency program at the Veterans Administration Hospital in Minneapolis. In applying for the residency program in the study of infectious diseases, the plaintiff completed V.A. Form, November, 1968, 10-2850B, b...
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JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of first degree robbery. Petitioner also requests leave to proceed in forma pauperis. Leave to proceed in forma pauperis has been previously granted. Petitioner...
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This action was brought by Jaime and Georgina Cabarroeas for refund of federal income taxes for the years 1962 through 1966. The plaintiffs claimed they -sustained a loss as a result of certain confiscatory acts of the Cuban Government. Subsequently the claims were disallowed upon the ground that the plaintiffs had failed to establish that the losses had occurred after they became resident aliens....
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OPINION The indictment in this case charges the defendant in three counts with violation of the National Firearms Act Amendments of 1968, 26 U.S.C. § 5801 et seq. (1964), as amended (Supp. V, 1970). Count one charges him with having engaged in business as a dealer in firearms without having paid the special occupational tax required by 26 U. S.C. § 5801 (1964), as amended (Supp. V, 1970), and with...
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The defendant’s motions to dismiss the complaint, made pursuant to Rule 12(b) (2) and (5) of the Federal Rules of Civil Procedure (F.R.Civ.P.), or to transfer this case to the United States District Court for the Southern District of California 1 pursuant to 28 U.S.C. § 1404(a) are denied. The plaintiff’s application to enjoin the defendant from prosecuting an action against the plai...
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The government seeks partial summary judgment in its action to foreclose tax liens against the property of defendant Walter Kocher. There is no dispute that the property known as Parcel 1, Parcel 2, Parcel 3, Plot 1 and Plot 2 is held by the taxpayer and his wife as tenants in common. The tax liens were filed on January 13, 1961. On October 18, 1961 Kocher and his wife conveyed the property by a d...
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MEMORANDUM OPINION AND ORDER Pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), the plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff’s application for the establishment of widow’s insurance benefits, as provided by § 202(e) of the Act, 42 U.S.C.A. § 402(e). The only question presented by th...
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OPINION AND ORDER Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3). This matter is before the Court on the petition and return of writ. An evidentiary hearing was held to develop the factual basis for petitioner’s allegations. Petitioner has exhausted his state remedies as required by Title 28, Un...
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MEMORANDUM. Before the Court is the request of Eddie Ruth for a writ of habeas corpus. Relator was indicted at June Sessions 1950 (Nos. 534, 535, 536, 548, 556 and 557) in Philadelphia County, Pennsylvania. He pled guilty to No. 557, a general charge of murder. A court en banc after taking evidence found relator guilty of murder in the first degree and sentenced him to life imprisonment. He is pre...
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SUR MOTION FOR PRELIMINARY INJUNCTION Plaintiffs (some of whom seek nomination of the Democratic Party for various municipal offices in Philadelphia, others are electors of the City of Philadelphia) seek to enjoin defendants, the Philadelphia City Commissioners for Voter Registration and Elections (Commissioners), from enforcing certain provisions of “The First Class City Permanent Registration A...
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MEMORANDUM OPINION AND ORDER This is an action predicated upon a 20-page complaint, see Rule 8(a), Federal Rules of Civil Procedure. The Circuit Court of Warren County, Tennessee and Honorable Robert S. Brady, its judge, have interposed motions to dismiss this action, as to each of them, on the ground that no claim is stated against either of them on which relief can be granted. Rule 12(b) (6),...
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OPINION Plaintiff (Boggs), a member of the International Brotherhood of Electrical Workers (International), was employed by Hahn Electric Company, an employer who was a party to a collective bargaining agreement with Local No. 768 of the International (Local 768). Hahn maintained a shop in Libby, Montana, providing electricians’ services for the community of Libby and at the same time had a subcon...
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MEMORANDUM OPINION AND ORDER This is a cause of action instituted under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b). This statute reads as follows: “It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange— (b)...
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OPINION This is an action jurisdictionally grounded on 28 U.S.C. § 1346(a) (1) by plaintiff, Roberta C. Egan, seeking a refund of taxes paid pursuant to deficiency assessments for the taxable years 1959 through 1963. The case had already been set for trial when the government filed this motion for summary judgment or, in the alternative, for the Court to make a limiting order pursuant to Rule 56(d...
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MEMORANDUM OPINION AND ORDER This removed action was brought to recover $16,400 allegedly due under a contract. Defendant counterclaimed for $70,892.79 for alleged breach of the same contract. Plaintiff, a Missouri corporation, is engaged in the business of designing, fabricating, and selling various novelty items, including “inpack premiums” or novelties which are inserted in breakfast cereals fo...
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JUDGMENT DENYING PLAINTIFF DECLARATORY AND INJUNC-TIVE RELIEF; JUDGMENT FOR DEFENDANTS Plaintiff, formerly a graduate student in journalism in the University of Missouri at Columbia, has brought this suit for declaratory and injunctive relief under Section 2201 of Title 28, United States Code, and Section 1983, Title 42, United States Code, as a result of her dismissal from the University...
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Defendant moves pursuant to Rule 48 (b), F.R.Cr.P., to dismiss the indictment charging complicity in the preparation of a fraudulent income tax return (26 U.S. C. § 7206(2)). Defendant claims that Rule 48(b)1 vests in the trial court the discretion to dismiss for unnecessary delay in bringing a defendant to trial and claims that such unnecessary delay has been demonstrated. Defendant was indicted ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is before this court on the motion of plaintiffs for a preliminary injunction enjoining defendants from: 1) presenting or performing the Rock Opera “Jesus Christ Superstar” or any portion thereof; 2) advertising or promoting any such performances and directing that all advertisements or promotional or written materials advertising, promoting or men...
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ORDER AND MEMORANDUM OF DECISION I confess that I am embarrassed that the United States Attorney has filed a motion asking that I disqualify myself from hearing and deciding the merits of the above-captioned proceeding. If my oath of office includes a vow of silence on matters of public controversy, then I have simply brought it upon myself. But I believe that a federal judge is privileged to a...
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MEMORANDUM AND ORDER This matter involves a party’s discovery rights as to documents obtained in anticipation of litigation by his adversary. The action was brought by the United States of America to recover for damage to cargo caused by a fire on board the SS Hollandia on December 19, 1964. Presently before the court is a motion by which the plaintiff hopes to compel the production of certain sta...
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MEMORANDUM Leavesley Industries, Inc. has moved the Court for a judgment in its favor notwithstanding the verdict of the jury *192based upon the sole ground that the Court should reconsider its prior action in overruling the motion for a directed verdict and now sustain the motion on the ground that plaintiff was guilty of contributory negligence as a matter of law. The verdict was for $75,000.00...
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MEMORANDUM AND ORDER This case involves a taking by the United States of approximately nine thousand acres of land near the mouth of the Trinity River for the Wallisville Reservoir Project, which is dedicated in part to the improvement of navigation. The Trinity River, as well as other streams and bodies of water on the property in issue, have either been conceded to be, or found to be, navigable...
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DECISION and ORDER The defendant has moved for summary judgment contending that it is not legally responsible for the torts of its wholly-owned subsidiary, Ingalls Shipbuilding Corporation. The nature of the action and various other facets of this action have been considered in four previous written memoranda heretofore filed by this court under dates of September 24, 1969, October 8, 1970, [51 F...
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ORDER GRANTING AND DENYING SUMMARY JUDGMENT In this action, plaintiff seeks to enjoin the District Director of Internal Revenue for the Los Angeles District from collecting income taxes assessed against her for the years 1959, 1960 and 1961. Plaintiff asserts that the notices of deficiency sent to her for each of these years did not comply with statutory requirements and that any subsequent asses...
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AMENDED DECLARATORY JUDGMENT ON ONE ISSUE The suit before this Court is an antitrust action which has had a long history. In the original complaint, CaseSwayne, a processor of single strength and blended orange juices, sought treble damages from Sunkist under Section 4 of the Clayton Act (15 U.S.C. § 15) for alleged monopoly and an attempt to monopolize the fruit and product fruit markets...
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MEMORANDUM OF DECISION Plaintiffs, who had been involved in an automobile accident and whose driving privileges were thereafter suspended under the California Financial Responsibility Law (Cal. Vehicle Code, § 16000 et seq.) pending their deposit of cash security amounts fixed by the Department of Motor Vehicles, bring this suit under Civil Rights Act, 42 U.S.C. § 1983, to challenge the constituti...
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OPINION This is a stockholders derivative suit brought by three of the directors of the Scotten, Dillon Company (“Scotten, Dillon”), Len J. Dillon (“Dillon”), Harold Gray (“Gray”), and Fred R. Davis (“Davis”) against four of the directors or purported directors of the company, F. Steven Berg (“Berg”), William Lerner (“Lerner”), George K. Bissell (“Bissell”), and Ernest Summers (“Summers”)...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER On March 1, 1971, there came on for hearing before the Court the Plaintiff’s Motion for a Consent Judgment, filed herein on December 4, 1970. The Plaintiff Administratrix appeared in person and by her attorney John P. Miller. Resistance to the Motion was filed on September 30, 1970, by American Home Assurance Company, the insurer of the decedent Merl...
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MEMORANDUM AND ORDER In Shakespeare v. Wilson, 40 F.R.D. 500, 502 (S.D.Cal.1966), Judge Irving Hill wrote: This action * * * is a typical example of the kind of action being filed with increasing frequency under the provisions of the Civil Rights Act of 1871, 42 U.S.C. §§ 1981-1986. Having been defeated in state court proceedings and being unhappy and somewhat humiliated and frustrated by the...
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MEMORANDUM AND ORDER This is an interpleader action. The original defendant National Surety Corporation has deposited $2,380 with the Court and admits the fund belongs to either Dolores Fritz (the plaintiff) or the United States (the interpleaded defendant). The fund represents retained wages and bonuses payable to James E. Fritz, plaintiff’s former husband, by reason of his employment with Natio...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of defendant to dismiss the complaint [Filing 4]. Oral arguments have been heard and briefs have been submitted on behalf of both parties. In their complaint, plaintiffs allege that defendant has discharged and continues to discharge refuse into the Missouri River and that such discharge violates the provisions of ...
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OPINION Plaintiff, the owner of an electric generator, brings an action in admiralty against defendant, the owner of the S.S. MORMACOAK, for damage to the generator when it was dropped during discharge from the vessel in Fortaleza, Brazil, and fell into the sea. Defendant contends: (1) that the damage to the generator was the result *667 of one of the causes enumerated i...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Plaintiff, presently a state court prisoner, brought this action pro se in which he seeks $300,000 damages for alleged violations of his constitutional rights. On April 19, 1971, the case was tried before Chief Judge John W. Lord, Jr., sitting without a jury. Sometime in 1965 plaintiff, who was incarcerated as a federal, prisoner at Lewisburg, ...
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MEMORANDUM Before the Court is the request of Jonathan Kirk, a minor, for a writ of habeas corpus. Relator, who is fifteen years old, was adjudged a delinquent in the Court of Common Pleas, Juvenile Court Division, of Delaware County, Pennsylvania, and committed by order of the court to St. Gabriel’s Hall on August 11, 1970. Relator, who is now at St. Gabriel’s Hall, must remain there from ni...
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MEMORANDUM Before the Court is the,motion of defendant Arlen Spector to dismiss as to him the complaint of Hezekiah Thomas in his action under the Civil Rights jurisdiction statute, 28 U.S.C. § 1343, for failure to state a cause of action upon which relief can be granted. Fed.R.Civ. P. 12(b) (6). Plaintiff Thomas in this action 1 claims that he has been denied under color ...
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OPINION AND ORDER Presently before the Court is defendants’-motion to dismiss plaintiff’s complaint under Federal Rule 12(b), to stay proceedings under 9 U.S.C. § 3, or, in the alternative, for a change of venue under 28 U.S.C. § 1404(a). Plaintiff is a partnership established for the purpose of investing capital in the securities market. Defendant, Bear, Stearns & Co., is a broker-d...
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OPINION The Court is presently called upon to determine as a preliminary matter whether defendant, American Can Company, charged with alleged violations of Sections 15(a) (1) and 15(a) (2) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., is entitled to a jury trial in plaintiff’s action to enjoin it from continuing to perpetuate such violations. We find that it is not. Defendan...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS This is an action pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C., § 2000e et seq.) and 42 U.S.C., § 1981 for alleged racial discrimination in employment practices. The defendant, Tennessee Hotel, has filed a motion to dismiss this action or in the alternative to strike certain portions of the complaint upon four separate grounds, bei...
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DECISION and ORDER The petitioner seeks a writ of habeas corpus with respect to his two convictions in the state court on April 6, 1969. He was found guilty of murder and endangering safety by conduct regardless of life. The convictions were affirmed by the Wisconsin supreme court in State v. Bergenthal, 47 Wis.2d 668, 178 N.W.2d 16 (1970). A petition for writ of certiorari was filed on Mr. Bergen...
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MEMORANDUM OF DECISION The plaintiffs, presently being held without bond while on trial on serious criminal charges in the Connecticut Superior Court, instituted this civil rights action for injunctive and declaratory relief with respect to numerous conditions incident to their confinement. Federal jurisdiction is properly invoked pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343(3). See...
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MEMORANDUM AND ORDER This diversity action seeks recovery for injuries allegedly received due to a defective steering valve on a hydraulically op-, erated ram car manufactured by defendant. In his amended Count I plaintiff alleges that on February 22, 1968, he was an employee of Peabody Coal Company (Peabody), working in Eagle Mine No. 1 in Shawneetown, Illinois; that defendant sold ...
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JUDGMENT GRANTING PERMANENT INJUNCTION This cause having been submitted upon a stipulation of the parties which includes all the material facts, and after oral and written presentation of arguments by counsel and, for the reasons and grounds set forth more fully in the Court’s detailed Findings of Fact, and Conclusions of Law and Opinion entered in this cause directing the entry of Judgment for t...
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OPINION This is an action under 49 U.S.C. § 20(11) to recover for damages to a shipment of cantaloupes, sold to plaintiff by *696Pilibos Sales, Inc., of Mendota, California, and shipped from Mendota via the lines of defendant for delivery in Boston. The cantaloupes were loaded on a refrigerator car at Mendota on August 8, 1962. The shipment was inspected and a certificate of inspection issued by ...
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Julia L. Butterfield Memorial Hospital and the individual defendants move pursuant to Rule 12(b) (6), Fed.R.Civ.P., to dismiss the complaint for failure to state a claim upon which relief can be granted. The plaintiffs are two physicians duly licensed by the State of New York. The defendant hospital is a private, nonprofit hospital incorporated under the laws of New York and located in the Vill...
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Twentieth Century Fox Application for a Preliminary Injunction Findings of Fact and Conclusions of Law This is an application for a preliminary injunction brought by Twentieth Century-Fox Film Corporation (TCF) pursuant to Fed.R.Civ.P. 65(a) to enjoin defendant, “Protective Committee for the Benefit of Twentieth Century Fox” (the Committee) and other specifically named members of the Committe...
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MEMORANDUM By order to show cause dated April 15, 1971, plaintiffs, residents of site 23 of the Milbank-Frawley Circle Urban Renewal area (hereinafter referred to as the “renewal area”), move pursuant to Fed.R.Civ.P. 65 for a preliminary injunction, pending final determination of the instant suit. The relief sought, which is extraordinarily pervasive in both scope and terms, may fair...
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(orally): While many witnesses have testified and many exhibits have been received in evidence, with a tendency at times on the part of counsel to proliferate matters by the introduction of doubtful relevant testimony and exhibits, the issues presented are comparatively simple. *1299Thus, it is desirable to start with the indictment, to consider the essential elements of the crime charged, and to ...
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MEMORANDUM OPINION This forfeiture action was commenced by the United States against 201 fifty-pound bags of Furazolidone seized within the District of North Dakota by agents of the Bureau of Customs, United States Treasury Department, from one Alvin L. Malz. Jurisdiction is predicated upon 28 U.S.C.A. § 1355. Alleging that the Furazolidone had been introduced into the United States from a contigu...
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OPINION In this condemnation action, rival claims as to the ownership of the land have been asserted by the defendant Thomas Gates and the intervenor defendants Evelyn Shultz and Martha Etters Burden. The relevant facts have been stipulated. Pearl Leathers acquired the property in 1921. She died intestate 10 years later, survived by a son, William T. Leathers, and a daughter, Evelyn K. Leathers, *...
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OPINION AND ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT This is a complex action brought by Edward C. Rea, an individual, and a corporation of which he is the principal stockholder which acts as a Ford Motor Company Dealer in the sale and distribution of motor vehicles in Monroeville, Allegheny County, Pennsylvania. The defendant, Ford Motor Company, is a corporation of the State of Delawar...
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OPINION Plaintiff seeks a preliminary injunction to prevent the defendants from inducing plaintiff’s employees to leave plaintiff’s employment and from inducing plaintiff’s employees to disclose trade secrets or confidential information. Evidence adduced at five days of hearings on the preliminary injunction has covered the broader claims for relief set forth in plaintiff’s complaint. That compla...
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OPINION William Clyde Burton, by complaint filed October 30, 1970, commenced this civil rights action against forty-four named defendants. The defendants include the Justices and clerks of the United States Supreme Court, the Judges and clerks of the Court of Claims, fourteen employees and officials of the Post Office Department, four members of the Civil Service Commission (“CSC”), and s...
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MEMORANDUM OPINION Plaintiff Rexco Industries, Inc. (“Rex-co”) has filed an action for declaratory judgment invoking 28 U.S.C. 1332 and 2201. According to the complaint, the matter in controversy exceeds the value of $10,000 exclusive of interest and *959costs, and plaintiff and defendant Commercial Insurance Company of Newark, New Jersey (“Commercial Insurance”) are citizens of different states. ...
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ORDER AND MEMORANDUM OPINION On December 16, 1968, this 37-year-old unskilled worker applied for disability insurance benefits under the Social Security Act. He claimed back injury and nervousness as disabling impairments. The Appeals Council adopted as correct the hearing examiner’s decision and denied him the benefits requested. He has challenged the findings made by the examiner. Aware that jud...
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MEMORANDUM TO COUNSEL In response to this Court’s order of April 5, 1971 to show cause why the federal writ of habeas corpus should not issue herein, the respondent asks for a dismissal of the application, claiming that no federal right of the applicant has been violated. The applicant testified in his own behalf on the trial in which he was convicted of murder in the second degree of his half-bro...
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MEMORANDUM OPINION Plaintiffs are students at Colorado State University. Defendants are the governing board and officials of that tax supported school. The gravamen of the amended complaint is that a policy statement adopted by the president of the University and ordered placed on file by its governing board, the State Board of Agriculture, is violative of plaintiffs’ first amendment rights. On Ma...
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MEMORANDUM OPINION This action came on for trial before the Court on agreement of the parties that both civil cases be consolidated for trial, since they both involve the same parties and issues. The plaintiff, Chicago and Northwestern Railway Company [Northwestern], seeks to recover from the defendant, Union Packing Company [Union Packing], demurrage charges al*1306legedly due as a result of the...
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Bache Application This matter is before the court on an application by Bache and Company, plaintiff in interpleader, for an order enjoining defendant claimants, Patrick Roland and Jack Zuckerman and all persons in active concert with them, from instituting or prosecuting any proceedings against plaintiff for certain stocks now in plaintiff’s possession pending a final determination of the underl...
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OPINION Petitioner, now serving a sentence of fifty years to life imprisonment, imposed under a judgment of conviction entered on June 5, 1962, upon his plea of guilty to murder in the second degree in the Supreme Court of the State of New York,1 seeks his release upon a federal writ of habeas corpus. The petitioner had been brought to trial upon an indictment charging him with murder in the first...
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MEMORANDUM AND ORDER In this habeas corpus matter, a state prisoner asks that we order him freed on bail while an appeal from the denial of posteonviction relief is pending. Petitioner, John Parson, is incarcerated at the State Correctional Institution at Grater ford, Pennsylvania, as a result of a larceny conviction. He alleges that he had been released on bail from the time of his arrest until a...
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OPINION AND ORDER SUR RECLAMATION PETITION OF MESSRS. FAIRMAN, DEUTSCHER AND LUSKY Presently before the court is the petition of Messrs. Fairman, Deutscher and Lusky for review of an order by the Referee in Bankruptcy. The matter arises by way of a reclamation petition wherein the petitioners alleged the following facts: That two of the petitioners were the owners of all the issued and outstanding...
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OPINION This is a class action instituted by the plaintiffs Jack Smith and Patricia Smith, his wife, and Frederick S. Dannin, individually, and in his .capacity as Administrator of the Estate of Harry Dannin, on their own behalf and on behalf of all other stockholders of the defendant, The Newport National Bank, who are similarly situated. The other defendants are Old Colony Cooperative Bank, six...
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MEMORANDUM OPINION AND ORDER This is a judicial review of a decision of the board of appeals and review of the United States Civil Service Commission, denying the plaintiff’s claim for reinstatement to his former position as an inspector of the Post Office Department of the United States. 5 U.S.C. §§ 701, et seq.; 50 U.S.C.App. §§ 451, et seq.; United States Postal Manual, § 712.3. There is no gen...
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FINDINGS AND CONCLUSIONS The complaint in this case consists of three counts. Count I charged the defendants with patent infringement and Counts II and III charged defendant Air Products and Chemicals, Inc. (Air Products) with unfair competition. Jurisdiction is averred under Title 35 U.S. Code and 28 U.S.Code 1338 and was conceded at the pretrial. The case came on for trial non-jury on Count I, ...
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MEMORANDUM OF DECISION This is an action to recover taxes which the plaintiffs allege to have been illegally and erroneously assessed and collected. The parties, as a part of the pretrial order, have stipulated as to the facts and have submitted the case to the court for determination. The facts material to a resolution of the case are as follows: The plaintiffs are husband and wife, who have resi...
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MEMORANDUM This case is before the court for judgment on the record. The controversy revolves around a dispute as to whether the plaintiff, Montgomery National Bank (hereinafter the Bank) should have been allowed an income tax loss deduction for the demolition of a building it purchased in June of 1963. In 1967 a proposed deficiency assessment of $23,196.56 for the tax year of 1964 was made by the...
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OPINION This case presents the issue whether state prison authorities violate the rights of their prisoners under the First and Fourteenth Amendments to the United States Constitution when the authorities refuse to allow the prisoners to send to representatives of the news media unsealed grievance letters which the authorities have inspected and which they do not claim involve any security risk...
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RULING ON MOTIONS TO COMPEL DISCOVERY This is a civil action brought by the United States of America at the request *371of the Acting Commissioner, Public Buildings Service, General Services Administration, pursuant to the authority set forth in 25 Stat. 357, c. 728, as amended, 40 U.S.C. 257; 46 Stat. 1421, c. 307, 40 U.S.C. 258a; 63 Stat. 377, as amended; H.J. Resolution 966, Public Law 91-117,...
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Plaintiff moves pursuant to 42 U.S.C. § 1983 (Civil Rights Act) alleging a violation of her “constitutional rights to freedom of religion and due process of law.” The State of New York has moved, pursuant to F.R.Civ.P. 12(b) (6), to dismiss for failure to state a claim upon which relief may be granted. Plaintiff’s complaint is prolix and nearly incomprehensible, but she seems to be challenging th...
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MEMORANDUM This court has before it three motions in the above-captioned criminal matter. Its rulings thereon are as follows. I The first motion to be considered is by defendant Dominick Santiago, referred to as Dominick Santiago, a/k/a Nick Sands, in the indictment, who has moved pursuant to Rule 7(d) of the Federal Rules of Criminal Procedure to strike from the indictment any reference to his al...
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OPINION Plaintiffs, public welfare recipients, seek to enjoin the State of Oregon from enforcing a regulation which requires local welfare administrators to terminate aid to families with dependent children if mothers refuse to cooperate with law enforcement officials in obtaining financial support from nonsupporting fathers. A three-judge court was convened because the plaintiffs seek to enjoin t...
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MEMORANDUM OPINION AND ORDER This is a motion for summary judgment brought by the defendant, Blanche R. Leech, who contends that plaintiff’s complaint brought under the Federal In*599terpleader Act, 28 U.S.C.A. § 1335 (1962), should be dismissed because the court lacks subject matter jurisdiction. This motion is granted. The plaintiff, United Benefit Life Insurance Company, admits liability under...
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325 F. Supp. 913 (1971) Rachel M. MAXLOW, Administratrix of the Estate of Richard Alan Maxlow, Deceased v. Catherine LEIGHTON. Civ. A. No. 70-2273. United States District Court, E. D. Pennsylvania. May 3, 1971. Michael T. McDonnell, Jr., Yeadon, Pa., for plaintiff. James J. McCabe, Jr., Philadelphia, Pa., for defendant. OPINION LUONGO, District Judge. There is before me a motion to transfer this...
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OPINION AND ORDER This is a motion for summary judgment by third-party defendant Paulsboro Chemical Company, a New Jersey corporation. Plaintiff, an employee of Paulsboro, is a resident of New Jersey.1 On November 21, 1967, during the course of his employment with Paulsboro, plaintiff was injured while loading a truck on the premises of defendant Atlantic Richfield Company in Philadelphia. As a r...
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OPINION Defendant, Joseph Wojcik, is the duly elected vice president and business agent of the plaintiff, Teamsters Local 513 (Union). On December 15, 1969, Wojcik pled guilty in state court to charges of possessing dangerous drugs (amphetamines) in violation of the Pennsylvania Drug, Device, and Cosmetic Act of 1961. 35 P.S. § 780-1 et seq. The Pennsylvania Act defines the terms “drug”, “dangero...
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ORDER This interpleader action was commenced by plaintiff against the defendants pursuant to Rule 22 of the Federal Rules of Civil Procedure as a result of a three-car automobile collision that occurred on June 15, 1968 on U. S. Highway # 25 near Ware Shoals, South Carolina. At the time of the collision plaintiff had in full force and effect its automobiie liability insura...
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MEMORANDUM OPINION In this Application for Writ of Habeas Corpus, Petitioner seeks separation and discharge from the U. S. Army alleging that he is a 1-0 conscientious objector and as such that he is being unlawfully restrained and deprived of his liberty by the Respondents because the Department of the Army denied his request to be discharged as a 1-0 Conscientious Objector. While a student at t...
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MEMORANDUM The plaintiffs in the above styled action seek relief from that portion of Va. Code Ann. 46.1-368 (b) (1970 Cum. Supp.), which requires that an application for a driver’s license shall contain, among other things, the applicant’s social security number. The defendants are Vern L. Hill, Commissioner of the Division of Motor Vehicles, (D.M.V.), and J. B. Warfield, Director, Bureau of O...
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MEMORANDUM The above styled action involves an accident which occurred on the Richmond-Petersburg Turnpike. The plaintiff, while walking along the shoulder of Interstate 95, was struck by a truck fitted with a snowplow blade, owned by the defendant Authority, and driven by defendant Roberts. As a result of the accident both of plaintiff’s legs were amputated. The plaintiff now seeks to discover th...
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OPINION AND ORDER This is a suit for refund of $185,431.-20 of federal income taxes which the plaintiff paid after the Commissioner of Internal Revenue disallowed a $322,500 deduction on the taxpayer’s federal income tax returns for the fiscal years of 1959 and 1960. The issue is whether the amounts paid by taxpayer in settlement of litigation, which involved the transfer of real estate, and attor...
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DECISION and ORDER The defendant, Frank Provinzano, has moved to suppress certain statements he made under oath to an investigative agent of the internal revenue service on January 15, 1970. The defendant is charged in two counts of an indictment with having testified falsely during the aforesaid interrogation. An evidentiary hearing was held on February 12, 1971 and briefs were subsequently filed...
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ORDER This action challenges the constitutionality of the Wisconsin statute which provides for the filing of a juvenile delinquency petition without first holding a preliminary hearing or establishing probable cause before an independent magistrate. Sec. 48.19, Wis.Stats. Declaratory and injunctive relief are sought. The complaint avers that a delinquency petition was filed against Gerald S. Corbe...
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329 F.Supp. 907 (1971) NATIVE AMERICAN CHURCH OF NAVAJOLAND, INC., et al., Plaintiffs, v. ARIZONA CORPORATION COMMISSION et al., Defendants. No. Civ-70-401 Phx WEC. United States District Court, D. Arizona. April 30, 1971. *908 Jerry Levine, Maricopa County Legal Aid Society, Phoenix, Ariz., for plaintiffs. Gary K. Nelson, Atty. Gen., State of Arizona, by Frank Sagarino, Chief Asst. Atty. Gen., f...
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MEMORANDUM AND ORDER FOR PRELIMINARY INJUNCTION Before ELY, Circuit Judge, and CRARY and GRAY, District Judges. On March 5, 1971, this three-judge District Court heard oral argument on plaintiffs’ motion for preliminary in*53junction enjoining enforcement of sections 3010 and 3011 of Title 39, United States Code, and sections 1735 through 1737 of Title 18, United States Code, together with regulat...
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MEMORANDUM OPINION GRANTING MOTION TO DISMISS THE INDICTMENT The indictment in this case involves the first criminal prosecution instituted for an alleged violation of 39 U.S.C. § 4009 (1964 ed., Supp. IV). That section provides that a person who has received by mail an “advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sex...
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ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS By these proceedings in habeas corpus petitioner seeks judicial review of, and relief from, the denial by respondent, Secretary of the Navy, acting through the Chief of Naval Personnel, of his application for discharge from the United States Naval Reserve as a conscientious objector. Taylor submitted his petition and an application for a temporary ...
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MEMORANDUM OPINION AND ORDER RE MOTION OF DAN RIVER MILLS, INC. FOR SUMMARY JUDGMENT AS TO THIRD-PARTY COMPLAINT This is an additional facet of the so-called Koratron litigation. Orders with respect to motions for summary judgment have been issued recently, following extensive hearings on February 25-26, with respect to the validity of the ’432 patent and contentions of non-infringement of the pat...
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I. Reacting to an ever worsening rail-passenger crisis, Congress enacted the Rail Passenger Service Act of 1970 (hereinafter the “Act”). 1 In brief, the Act authorized the formation of a National Railroad Passenger Corporation (hereinafter “Amtrak”). (Accomplished) It directed the Secretary of Transportation to designate a so-called “basic system” of intercity rail passenger s...
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*521OPINION This is a suit upon an insurance policy or policies issued by defendant to plaintiff wherein defendant undertook to pay sums which the plaintiff insured might be required to pay by reason of its legal obligation for bodily injury, sickness, or disease, including death, and for damages due to injury to or destruction of, property, caused by accident, and to defend suits alleging such in...
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MEMORANDUM OPINION AND ORDER Plaintiff Sam D. Heckart originally brought this action on behalf of himself and now seeks to convert his civil rights suit into one on behalf of himself and all other inmates of the Illinois State Penitentiary. In his complaint he alleges that defendants herein have conspired and have unlawfully, under color of state law, committed many acts which have deprived him an...
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On October 1, 1953, Raymond J. Funkhouser (Grantor), at that time a resident of the State of Maryland, created an irrevocable inter vivos trust providing, inter alia, for all of the net income of that trust to be paid to his grandson during the grandson’s lifetime. Article Fifth (3) of that trust states: Notwithstanding anything herein to the contrary provided, the Trustees are ...
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MEMORANDUM The petitioner, Merle Burnside, is presently an inmate of the Nebraska Penal and Correctional Complex pursuant to his conviction in the District Court of Hall County, Nebraska, for the crime of burglary. The state conviction rests upon the petitioner’s plea of guilty, entered in the state court on June 17, 1969. On July 11, 1969, the court sentenced the petitioner to a term of 3 to *125...
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MEMORANDUM OF DECISION The petitioner, Leonard Wymer Walle, is a state prisoner in the Nebraska Penal and Correctional Complex pursuant to his conviction of second degree murder following a four-day jury trial in the District Court of Douglas County, Nebraska. The sentence was life imprisonment. On March 7, 1969, the petitioner’s request to proceed in forma pauperis was sustained and his petition...
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Petitioner Joseph Cummings, presently incarcerated in Green Haven Prison, Stormville, New York, upon conviction, after a jury trial, of the crime of burglary in the third degree, seeks his release through federal habeas corpus. He was sentenced in the County Court, Nassau County, to a maximum term of seven years imprisonment. Petitioner contends his constitutional rights were violated because (1) ...
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On January.19, 1971, we issued a preliminary injunction enjoining the defendants in the first above captioned case from placing plaintiffs and members of their class in isolation for an extended period except in accordance with proposed regulations of the New York State Department of Social Services to be approved by the court and to include provisions governing such matters as the maximum period...
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This is an action brought by plaintiffs, William Maier and his three minor children, for injunctive and declaratory relief because defendant William 0. Good, principal of Fabius Central School, barred the children from school for failure to satisfy the New York mandatory immunization statute. N.Y. Public Health Law, McKinney’s Consol. Laws, c. 45, § 2164. Plaintiffs contend that this violates thei...
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The present motion is brought pursuant to Rule 12(b), (e) and (f), Fed.R.Civ.P., for dismissal of plaintiffs’ second, third, fourth, fifth, sixth and seventh causes of action. This suit arises out of the merger of General Time Corporation (GTC) into Talley Industries, Inc. (Industries). The plaintiffs were shareholders of GTC common stock at the time of the activities complained of, and they sue o...
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MEMORANDUM-DECISION and ORDER This action arose from a dispute between plaintiff, a newspaper publishing company, and a local Typographical Union which includes among its members 165 printers employed by plaintiff to publish its several newspapers. The Herald Company publishes the daily Syracuse Herald-Journal, the daily Syracuse Post Standard and the Sunday Syracuse Herald-American/Post Standard....
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OPINION By a complaint filed on February 26, 1971, plaintiff Riback Enterprises, Inc. (Riback) instituted this action to enjoin the defendants George Denham, Harold Bates and Arnold Kramer from manufacturing, advertising; attempting to sell and selling greeting cards consisting of multiple overlapping pages with varying colors and pictorial script. This motion for a preliminary injunction, pursua...
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FINDINGS OF FACT OPINION CONCLUSIONS OF LAW FINDINGS OF FACT 1. A fire occurred on the premises owned by Haecker Industries, Inc., and Haecker Realty Company (hereinafter called “Haecker”), located at 1415 North 31st Street, Philadelphia, Pennsylvania, on September 14, 1965. 2. That fire completely destroyed the Haecker property and damaged an adjoining building owned or leased by Acme Markets, In...
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MEMORANDUM OPINION AND ORDER Defendant, Linden-Alimak, is a non-registered, foreign country corporation with its principal place of business in Sweden. Plaintiff, Clifford Benn, a Pennsylvania resident, instituted this suit because of an accident that happened in Pennsylvania wherein he alleges his injury resulted from a malfunction of a crane manufactured by Linden-Alimak. Linden-Alimak has ...
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OPINION AND ORDER This is a motion for summary judgment by defendant, Saget Studios, Inc., who contends that as a matter of law the plaintiffs’ breach of contract claim could not result in damages of $10,000 and, thus, this suit is not within the monetary jurisdictional limits of the federal court. This motion is granted. The plaintiffs allege in their complaint that the defendant co...
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The Rail Passenger Service Act of 1970, P.L. 91-518, 45 U.S.C. § 501 et seq. (hereinafter referred to as “Amtrak Statute”) directly affects only “intercity rail passenger service”, defined therein (Section 102(5)) as follows: “ ‘Intercity rail passenger service’ means all rail passenger service other than (A) commuter and other short-haul service in metropolitan and suburban areas, usually charact...
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ORDER This case came on for hearing on April 1, 1971 upon the show cause order issued by this Court on March 9, 1971, and the return thereto filed by respondents on March 19, 1971. Appearing for the petitioner was Mr. Olaguibeet A. Lopez-Pacheco, Esq., and Mr. Wally de la Rosa, Assistant U. S. Attorney, for respondent. Statements of the attorneys for both parties having been heard, and a memorandu...
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ORDER Upon notice and hearing on plaintiff’s motion for a preliminary injunction, and having considered the legal memoranda filed by both parties, this Court finds as follows: 1. That plaintiff did not prove the alleged grave.and irreparable injury resulting from defendant’s action. 2. That plaintiff did not prove that its drop in sales in January 1971 was attributable to defendant’s action. 3. Th...
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MEMORANDUM AND ORDER Petitioner, a convict in the federal penitentiary at Leavenworth, Kansas, has filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. He asserts that his plea of guilty to the crime of extortion, which this Court accepted in 1968, was involuntary. For the reasons set out below, this contention is without merit, and the motion must be denied. As this conclusion is compe...
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MEMORANDUM AND ORDER In order to expedite the disposition of this cause and to meet the natural propensities of the Texas Rio Grande Valley growing season, the Court announced its ruling in this cause from the bench on March 24, 1971. At that time the Court informed the litigants that it would reduce its oral pronouncement to writing. Background Plaintiffs filed their origin...
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MEMORANDUM OPINION In this somewhat complex diversity action plaintiff, as lessor, seeks the re*883covery of damages which allegedly resulted from a breach of the covenants in a lease agreement. Plaintiff leased the subject property and building in this action to T.S.C. Motor Freight Lines, Inc. (T.S.C.) on June 30, 1950. The lease was to commence January 1, 1951, and to extend for a term of 15 y...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Frank Hendrick Dewease, Jr., a state prisoner, pursuant to the provisions of 28 U.S.C. 2241 and 2254. Petitioner is currently serving a sentence of twenty years pursuant to a judgment of the Circuit Court of Montgomery County, Virginia imposed on April 11, 1968 for second d...
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MEMORANDUM OF DECISION AND ORDER On May 22, 1970, an indictment was returned charging defendant, an employee of Loomis Armored Car Service, Inc., with a violation of Title 18, United States Code § 2113(b). The indictment charged that on or about the 2nd day of May, 1969, the defendant wilfully and unlawfully took and carried away, with intent to steal and purloin from the National Bank of Alaska, ...
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MEMORANDUM OPINION This is an action by the plaintiffs for the recovery of federal income taxes and assessed interest in the total amount of $4,781 for the fiscal years ending September 30, 1959, through September 30, 1967. Plaintiffs contend the perpetual care trust fund administered in connection with the operation of the Arlington Realty Company, a business operated for profit, should be exemp...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner is in custody at California Men’s Colony, San Luis Obispo, following his conviction for violating Penal Code § 273a(l) (conduct likely to produce great bodily harm or death to a child). After a non-jury trial, he was sentenced *84October 17, 1968, to state prison for the term prescribed by law, one to ten years. The conviction was affirme...
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MEMORANDUM OPINION Plaintiff, Teledyne, initially filed a five count complaint against the single defendant, Montgomery Ward & Co. One Count of that complaint claimed patent infringement of a patent of an oral hygiene apparatus. This patent is commonly referred to as the Mattingly patent. Thereafter, Northern Electric Company filed a declaratory judgment action in California against Teledyne Indu...
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MEMORANDUM ON MOTIONS In criminal Case No. 1088-70 Frank Ricardo Scott, also known as “Reds”, Albert Lee, also known as Alphonso H. Lee, Reginald Clifton Jackson, also known as “Zeke”, Leroy Houston, also known as “Big Boy” and Teri A. Lee, were charged in an indictment with conspiring together “and with other persons known and unknown to the Grand Jury” to violate (1) Section 4705(a), Title 26...
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329 F.Supp. 364 (1971) STATE OF FLORIDA ex rel. BROWARD COUNTY, a political subdivision of the State of Florida, Plaintiffs, v. ELI LILLY & CO. et al., Defendants. No. 70-1703-Civ-CA. United States District Court, S. D. Florida, Miami Division. April 29, 1971. Frederic B. Burns, Sp. Asst. Atty. Gen., Fla., of Sager & Burns, Miami, Fla., for plaintiffs. William Killian, of McCarthy, Steel,...
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MEMORANDUM OPINION Motions for Summary Judgment This is a product liability tort action arising out of the explosion of a soft drink bottle which injured the minor plaintiff’s eye. Jurisdiction is based on diversity, 28 U.S.C. § 1332. The bottle in question was a bottle of Coca-Cola, a well known carbonated beverage. Plaintiff alleges that defendant, the Coca-Cola Company (CCC), manufactured and ...
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MEMORANDUM OPINION The petitioner, moving for habeas corpus relief, is presently incarcerated in the Illinois State Penitentiary, Joliet, Illinois, pursuant to convictions for the offenses of armed robbery, attempted rape, and aggravated battery. After a bench trial in the Circuit Court of Cook County, Illinois, the petitioner was found guilty and sentenced on January 31, 1968 to concurrent terms ...
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MEMORANDUM The plaintiff, William Townsend, brings this action under the provisions of 42 U.S.C. § 405(g). He filed an application for disability benefits on March 5, 1969, alleging that he became unable to work on February 13, 1969, because of “heart condition — growth in heart”. (Exhibit 1, Tr — 48-51). The application was denied initially and upon review. The plaintiff requested a hearing, at ...
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MEMORANDUM OPINION This action was instituted under 28 U.S.C. § 1346(a) (1) by R. C. Malone and Nettie A. Malone against the United States for recovery of $5,706.73 assessed against and collected from them as federal income taxes for the calendar year 1961, plus interest and costs. 1 The case presents three questions: (1) whether plaintiff realized a long-term capital gain in...
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MEMORANDUM OPINION This action is before the court on defendant’s motion to review the costs as *231taxed against defendant by the clerk of the court. The action was at law and jurisdiction was based on diversity of citizenship. Plaintiff,1 a member of the Mississippi Highway Patrol, was injured in an automobile accident which occurred in the City of Fayette, Mississippi, on July 6, 1969, when an...
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Memorandum of Decision and Order Petitioner claims he was inducted into the United States Army unlawfully on March 18, 1971.1 2He seeks a writ of habeas corpus from custody by respondent. The petition alleges that Local Board No. 1, where petitioner was registered, issued the order of induction after illegally classifying him 1-A. Two specific grounds are stated to support the claim of illegali...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Petitioner seeks a temporary injunction, pending final disposition of charges before the Second Region of the National Labor Relations Board (NLRB), restraining respondent from engaging in certain conduct believed to be a secondary boycott and from striking in furtherance of what is believed to be a jurisdictional dispute, all in violation of the National L...
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MEMORANDUM This action was brought by plaintiff on her own behalf and on behalf of a purported class consisting of “all persons who now hold or who have held a Uni-Card pursuant to a standard Retail Instalment Credit Agreement (‘Agreement’) with the Uni-Card division of [the defendant] from the time [the defendant] repurchased Uni-Card (approximately January 17, 1969) to the present.” In her comp...
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MEMORANDUM OPINION AND ORDER OF DISMISSAL In this proceeding, sixty-eight members of a labor organization, not certified as a representative of the workers of the employer in question, have filed a complaint seeking relief under the Civil Rights Act, 42 U.S.C. § 1983. Each of the plaintiffs have been arrested and charged in Cambria County, Pennsylvania, with engaging in an “unlawful assembly” in ...
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OPINION AND DECLARATORY JUDGMENT Plaintiff, John W. Spence, brings this action as father and next friend of John W. Spence, Jr., (hereinafter John) under 42 U.S.C. § 1983. The plaintiff seeks an injunction requiring the defendants to allow John to graduate from high school and also seeks a declaration that the defendants’ actions in refusing to award him a diploma were illegal and unconstitutional...
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ORDER ALLOWING REMOVAL OF CAUSE AND GRANTING PLAINTIFF ADDITIONAL TIME IN WHICH TO PLEAD Plaintiff, John Fitzgerald Smith, a minor, brought an action in state court on January 13, 1971, by his mother and next friend, Frankie Smith, against defendant, William B. Hall, for damages for personal injuries received in an automobile accident allegedly caused by the negligence of defendant, in th...
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382 F.Supp. 1078 (1971) Gilbert Dale STORY, Individually and in his capacity as Chairman of the Student Mobilization Committee, Plaintiff, v. Willis M. TATE, Individually and in his capacity as President of Southern Methodist University, Defendant. Civ. A. No. CA 3-4719-C. United States District Court, N. D. Texas, Dallas Division. April 29, 1971. James M. Simons and Cameron M. Cunningham, Austin...
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MEMORANDUM OPINION The petitioner has filed a petition for writ of habeas corpus, which the court will consider on its merits. The petitioner may proceed in forma pauperis. His petition is filed. At the June, 1970 term of the United States District Court in Columbus, Ohio, petitioner was convicted on twelve counts of forging and uttering United States Savings Bonds and was sentenced, on or about J...
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MEMORANDUM OF DECISION This action is brought pursuant to the provisions of Section 403 of the Federal Meat Inspection Act, 21 U.S.C. 673, and prays the seizure and condemnation of certain meat products located at the establishment of the Chip Steak Company (claimant herein) on the ground that such products are misbranded within the meaning of 21 U.S.C. 601(n) (1) and (n) (7) and on the further g...
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329 F.Supp. 1089 (1971) Willie Ray BLANKENSHIP et al., Plaintiffs, v. W. A. (Tony) BOYLE et al., Defendants. Civ. A. No. 2186-69. United States District Court, District of Columbia. April 28, 1971. *1090 *1091 *1092 Harry Huge, Edgar H. Brenner, Armistead W. Gilliam, Jr., Arnold & Porter, Thomas J. McGrew, Washington, D. C., for plaintiffs. Paul R. Connolly, Paul M. Wolff, John W. Vardaman, J...
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DECISION Plaintiff in this action is a resident and voter of the Fourth Senatorial District in the State of Hawaii. He asks that this court permanently enjoin John A. Burns, the Governor of Hawaii, from appointing a senator to fill the vacancy in the state senate resulting from the death of Larry N. Kuriyama, a nominee for a Fourth District senate seat, just prior to the general election of 1970....
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ORDER This matter having come on for hearing and oral argument at 3:00 o’clock P.M., April 23, 1971 and briefs having been filed and carefully examined it is the decision and order of this Court that the Sixth Amendment to the United States Constitution mandates the appointment of counsel for indigent defendants in all criminal cases where conviction may result in a loss of liberty. It is therefor...
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325 F. Supp. 1326 (1971) UNITED STATES of America v. ONE LOT OF EIGHTEEN FIREARMS. Civ. A. No. 3032. United States District Court, D. New Hampshire. April 28, 1971. David A. Brock, U. S. Atty., Concord, N. H., for plaintiff. Leonard G. Velishka, Velishka & Kozlowski, Nashua, N. H., for defendant. OPINION BOWNES, District Judge. This is an action for forfeiture under 18 U.S.C. § 924(d) (Supp....
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MEMORANDUM-DECISION AND ORDER Petitioner, Robert Baskerville, presently incarcerated in the Auburn Correctional Facility, Auburn, New York, upon conviction, after a jury trial, of the crimes of robbery in the first degree, grand larceny in the second degree, and assault in the second degree, seeks his release through federal habeas corpus. He was sentenced in the Supreme Court Kings County (Starke...
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OPINION ■ This is an action for injunctive relief, including return of documents alleged to have been seized by the Federal Bureau of Investigation (FBI) in a constitutionally impermissible manner. Plaintiffs allege that defendants Hoover and Malone (hereinafter “the FBI”) have violated their constitutional rights under the First and Fourth Amendments by authorizing and directing FBI surv...
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MEMORANDUM Defendant, Southworth Wells Swede, having been indicted in three counts for unlawful possession of Lysergic Acid Diethylamide 1 (hereinafter referred to as “LSD”), and charged in another with unlawfully manufacturing the same, 2 moves pursuant to Fed.R.Crim.P. 41(e) for an order suppressing evidence allegedly seized by federal agents in violation of the First and Fourth Amendment...
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OPINION AND ORDER Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3). This matter is before the Court on the petition, return of writ, and briefs of the parties. The Court also has before it a transcript of petitioner’s trial in the Common Pleas Court of Cuyahoga County, Ohio. Counsel for the petiti...
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*1103MEMORANDUM AND ORDER Presently before the Court is Defendants’ Motion to Dismiss and/or Motion for Summary Judgment. The Plaintiffs, who are residents of East Coventry Township, Chester County, Pennsylvania, have filed a Civil Rights Complaint against their township and its Supervisors. In their complaint, Plaintiffs pray for declaratory, injunctive, and compensatory relief and seek to have ...
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MEMORANDUM OPINION AND ORDER (RE: APPLICATION OF CERTAIN LABOR ORGANIZATIONS) On November 16, 1970, a consolidated hearing was held to consider various applications for intervention in these proceedings. Among the applications considered were those of the Railway Labor Executives Association (“RLEA”), representing 15 named labor unions (Document No. 381) and the Congress of Railway Unions (“CRU”)...
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MEMORANDUM OPINION AND ORDER Came on for consideration the Motion for Summary Judgment on behalf of Shell Oil Company, American Oil Company, and Sooner Oil Company, defendants in the above case. These defendants have moved for summary judgment for lack of jurisdiction. The plaintiff Littlejohn alleges he operated a gas station on Plano Road in the city of Garland, Dallas County, Texas. Two gas st...
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MEMORANDUM OPINION This is an action instituted by the petitioner, Marion P. Morris, to review a final decision of the Secretary of Health, Education and Welfare. That decision which was handed down by the Appeals Council on May 27, 1969, is to the effect that Linda G. Morris is not entitled to child’s insurance benefits for which application on her behalf was filed on February 28, 1968. On Octob...
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Plaintiffs seek injunctive relief and damages under the Truth In Lending Act, 15 U.S.C. § 1601 et seq., for defendant’s alleged failure to make certain disclosures required by the Act in the execution of a mortgage on plaintiffs’ home. The defendant has filed a motion to dismiss on the grounds of res judicata, estoppel, substantial compliance with the Act, and exempted transaction. Plaintiffs’ mo...
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OPINION The Prudential Insurance Company of America brings this interpleader action, pursuant to 28 U.S.C. § 1335, to determine the rightful beneficiary of life insurance proceeds. The action arises out of a $10,000 life insurance policy contracted in accordance with the provisions of the “Servicemen’s Group Life Insurance Program” established pursuant to Subchapter III of Chapter 19, Title 38, Un...
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Alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934, plaintiffs have sued Digicon, Inc., nine executive officers and/or directors of Digicon, eight of whom are also sued as selling shareholders, an accounting firm, the managing underwriter and the 70 underwriters named in the prospectus. Jurisdiction and venue are claimed under § 22(a) of the 1933 Act, 15 U.S....
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Plaintiffs bring the present class action suit for declaratory and injunctive relief against the enforcement of newly enacted legislation to alter and amend Mississippi laws governing the qualification of candidates for elective office, the conduct of political campaigns and other procedures for holding elections. The laws enacted are claimed to be violative of Section 5 of the Voting Rights Act ...
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MEMORANDUM AND ORDER This matter comes before the Court on the motions of both plaintiff and defendant for summary judgments. [Filings •# 12 and 10]. The controlling facts in this case can be constructed from various filings and thus are undisputed matters of record. Accordingly, this action is an appropriate one for disposition by summary judgment. See Rule 56 of the Federal Rules of Civil Proced...
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Plaintiffs have brought this action for a declaratory judgment that they are entitled to notice of all proceedings in which the right to custody of the child Lenore is involved and that in such proceedings they have a right to be heard. They also seek an injunction enjoining defendants from enforcing the judgment of the Supreme Court, New York County, awarding custody of the baby Lenore to defenda...
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The plaintiff, represented by skilled and experienced counsel, sued under the Securities Exchange Act of 1934 claiming damages from transactions in the stock of Gale Industries, Inc., because of a variety of manipulative and deceptive devices allegedly employed by various of the defendants. Among his claimed losses plaintiff included some incurred in short sales of Gale stock. A second count of hi...
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MEMORANDUM OPINION IN SUPPORT OF ORDER NO. 238 (AMTRAK CONTRACT) The Trustees seek approval of a proposed contract with the National Rail Passenger Corporation (“Amtrak”), pursuant to the Rail Passenger Service Act of 1970, P.L. 91-518, 45 U.S.C. § 501 et seq. Hearings were held on April *47820 and 23, 1971, at which testimony was presented and all persons interested had an opportunity to present ...
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OPINION AND TEMPORARY RESTRAINING ORDER Plaintiffs attack Sections 940.04(1) and (5) of the Wisconsin Statutes, contending that they violate the Constitution of the United States. Section 940.-04(1) provides that any person, other than the mother, who intentionally destroys the life of an unborn child may be punished by fine or imprisonment or both. Section 940.04(5) excepts from the prohibitio...
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DECISION and ORDER This is an action for damages in which it is alleged that the defendant negligently paid out $20,000 on a check drawn by the plaintiff; the check later proved to bear a forged endorsement. The plaintiff has moved, pursuant to Rule 37(a), Federal Rules of Civil Procedure, for an order compelling the defendant to produce certain documents for inspection and copying by the plaintif...
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325 F. Supp. 726 (1971) COWLES COMMUNICATIONS, INC., Plaintiff, v. DEPARTMENT OF JUSTICE, John N. Mitchell, et al., Defendants. No. C-70-1599. United States District Court, N. D. California. April 26, 1971. Cooper, White & Cooper, Charles W. Kenady, R. Barry Churton, San Francisco, Cal., for plaintiff. James L. Browning, Jr., U. S. Atty., Steven Kazan, Asst. U. S. Atty., San Francisco, Cal., ...
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MEMORANDUM Defendant, Stephen James Harris, is charged with violation of 50 U.S.C.App. § 462, refusal to submit to induction. The relevant facts are as follows: On October 11, 1966, the defendant registered at the San Jose, California, office of the Selective Service System and was assigned to Local Board #60. Harris was classified 1-A on December 12, 1969, and was ordered for an Armed Forces Phys...
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OPINION I. The Freedom of Information Act1 requires the Government to make available to the public “final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases.” In Grumman Aircraft Engineering Corporation v. Renegotiation Board, 138 U.S.App.D.C. 147, 425 F.2d 578 (1970), the United States Court of Appeals for the District of Columbia held tha...
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ORDER DENYING RENEWED MOTION TO DISMISS This cause is before the Court on the Defendant’s Renewed Motion to Dismiss. The motion is being brought on after several days of testimony have been heard by the Court on plaintiff’s Motion for Preliminary Injunction. In opposition to the Motion, plaintiff strenuously argues that defendants have waived their right to present the grounds contained in the mot...
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MEMORANDUM OF DECISION The plaintiffs, Charles McClelland and Curtis E. Rowland, are presently incarcerated in the Nebraska Penal and Correctional Complex. On March 31, 1970, this court granted the plaintiffs’ motion to proceed in forma pauperis pursuant to 28 U.S.C.A. § 1915 and ordered the filing of their 86-page hand-written document titled, “Petition to Enforce Civil Rights; to Halt and Pre...
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MEMORANDUM By this motion under Rule 24 of the Federal Rules of Civil Procedure various persons seek to intervene as plaintiffs. The litigation was instituted as a class action on behalf of all purchasers of shares of stock in Comstock Fund, Inc. for the period November 25, 1968 to December 19, 1968. The complaint alleges that within that period the defendants sold shares of Comstock Fund, Inc. i...
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FINDINGS OF FACT 1. Plaintiff Harry L. Brown is the duly qualified and acting Executor of the Estate of Harry A. Haverlah, who died December 4, 1964, testate, while a resident of Palestine, Anderson County, Texas. 2. On or about May 18, 1967, plaintiff filed an estate tax return for the Estate of Harry A. Haverlah with the District Director of Internal Revenue, Dallas, Texas. *2443. On or about D...
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MEMORANDUM DECISION Claiming jurisdiction under Section 1346, Title 28, United States Code, plaintiff seeks by this action a declaration of rights and other relief with respect to the classification of lands in San Juan County. It is alleged that within the county there are tracts of federal public domain which are suitable for agricultural utilization and for which agriculture is the highest and ...
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MEMORANDUM AND ORDER This action was initiated by a number of music publishing companies seeking to permanently enjoin the unauthorized manufacture and sale of tape recordings which serve to mechanically reproduce many of their copyrighted works. In attacking this practice referred to in the trade as “bootlegging”, “disklegging” or “pirating”, the publishing companies invoke jurisdiction ...
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MEMORANDUM ORDER This matter comes before the Court as the result of the following denial of a Writ of Certiorari ’ by the Supreme Court of the United States: “ * * *, [I]t is ordered by this Court that the petition be, * * * denied, without prejudice, however, to the petitioners’ making their respective applications, * * * to the District Court for such relief, if any, as may be appropriate ...
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OPINION In this civil action based on negligence, the plaintiff, Richard G. Walker (“Walker”), seeks to recover damages from the defendant, Ruth B. Patterson (“Patterson”), for personal injuries which he allegedly sustained as a result of an automobile accident which occurred in Wilmington, Delaware on December 14, 1968. At the time of the accident Walker was a passenger in an automobile driven b...
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SUPPLEMENTAL PROCEEDINGS On March 2, 1971, this matter again came on before the Court on the information supplied by the Attorney General of Kansas that a due process hearing had been conducted by the University of Kansas through the office of the Attorney General of Kansas, wherein the foundation fact had been established that the plaintiff Gardenhire had been carrying a gun on campus contrary to...
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MEMORANDUM DECISION This is an action for declaratory relief under 28 U.S.C. §§ 2201 and 2202. Plaintiff Medtronic, Inc. seeks a declaratory judgment that two patents of defendant American Optical Corporation are invalid and that no heart pacemaker of plaintiff has infringed either patent. In addition, plaintiff seeks to enjoin defendant from both collecting royalties from plaintiff in co...
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*506 MEMORANDUM AND OPINION: FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a diversity action originally brought by plaintiff Safeway Stores, Inc., (Safeway) against defendant L. D. Schreiber Cheese Company (Schreiber), a wholesaler and distributor of cheese, to recover damages incurred as the result of certain consumer claims against Safeway arising from the retail sale of cer...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted federal prisoner who is currently confined in the United States Medical Center for Federal Prisoners at Springfield, Missouri, has filed in forma pauperis a petition for writ of habeas corpus. Leave to proceed in forma pauperis was granted by the Court in the order entered on March 3, 1971. On January 22, 1960,...
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Defendant has moved for an order vacating two judgments of conviction entered against him on his pleas of guilty and for an order directing new trials. 28 U.S.C. § 2255. The motion is denied without a hearing. Defendant has also moved for reconsideration of his motion for reduction of sentence. Rule 35, Fed. R.Cr.P. That motion is also denied. Defendant was convicted upon his pleas of guilty to...
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Defendant, Hunting World, Inc., moves for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure seeking a determination that it has not infringed plaintiff’s trademark rights in the word “Safari.” The complaint alleges infringements under the Trade-Mark Act of 1946 (Lanham Act), 15 U.S.C.A. §§ 1051-1127, and Article 24 of the General Business Law of New York, McKinney’s C...
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The defendant's motion “for an order, pursuant to Rule 12 of the Federal Rules of Civil Procedure, dismissing this action and quashing the return of service on the grounds that this Court lacks jurisdiction over the person of the defendant” is denied. However, this case is transferred to the United States District Court for the District of New Jersey pursuant to 28 U.S.C. § 1406(a). This action wa...
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ORDER Defendant has moved for summary judgment on the grounds that Plaintiff’s action is governed by Texas laws, where the accident occurred, and that her action is barred by the Texas “Guest Statute”, Vernon’s Ann.Civ.St.Tex. art. 6701b. 1 Plaintiff argues that whether she was a guest within the meaning of this statute is a question of fact not determinable on Defendant’s Motion and further ...
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This complaint was brought by Royal Indemnity Company, a foreign fire in*572surance company, as the subrogee of Arthur F. Schultz Company following a fire in the City of Erie, Pennsylvania on July 26, 1970, in which a large building and its contents were destroyed. Plaintiff alleges that it has paid Schultz $488,994.05 pursuant to its contract of insurance as a result of which it is subrogated to ...
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OPINION AND ORDER This action is brought under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 issued thereunder by the Securities Exchange Commission, and is now before us on defendant Philadelphia Suburban Corporation’s (“Philadelphia Suburban”) motion to dismiss and motion for summary judgment. For the reasons hereafter expressed, Philadelphia Suburban’s motion for summary ...
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325 F. Supp. 1047 (1971) Elaine S. NEWHART, also known as Elaine G. Salem, and Barry Newhart, husband and wife, Plaintiffs, v. The GEORGE F. HELLICK COFFEE COMPANY, Defendant. Civ. A. No. 44157. United States District Court, E. D. Pennsylvania. April 23, 1971. *1048 Gary Leedes, Philadelphia, Pa., for plaintiffs. John F. Naulty, Philadelphia, Pa., for defendant. MEMORANDUM AND ORDER DITTER, Dist...
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OPINION This action is brought under Section 205(g) of the Social Security Act, 42 U.S. C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The final decision in this case is that of the Appeals Council dated April 23, 1970, denying the plaintiff’s request for the review of a decision rendered by the hearing examiner on February 27, 1970, in which the examine...
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MEMORANDUM AND ORDER This civil action is before the Court upon review of the factual determination of the Secretary of Health, Education and Welfare denying disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423. Plaintiff has challenged this final decision alleging that there is no substantial evidence to support the same. The statutory scheme of jud...
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ORDER Petitioner, Antonio E. Cruz-Matos, has applied for a permanent injunction directing to stay his orders to active duty in the United States Army which were issued when petitioner failed to participate satisfactorily with his reserve obligation. This action is predicated on the proposition that petitioner has been deprived of substantial rights, including his right to appeal the order to activ...
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OPINION and JUDGMENT This action comes to the attention of the District Court 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. The hearing examiner on January 9, 1970, concluded that the claimant, Boger Slone, was entitled to establish a period of disability and to receive disability insurance benef...
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MEMORANDUM OPINION The plaintiff, Lemuel H. Nalley, brings this action pursuant to the provisions of Section 205(g) of the Social Security Act, as amended, [42 U.S.C. § 405(g)], seeking a review by this court of a final adverse decision of the Secretary of Health, Education and Welfare, denying the plaintiff’s application for the establishment of a period of disability under Section 216(i) of the ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiff, Pittsburgh Plate Glass Company, a Pennsylvania corporation, is the owner of United States Letters Patent 3,240,643, entitled “Method and Apparatus For Making A Flexible Insulated Duct” (hereinafter referred to as the “Method Patent”) issued to plaintiff, Pittsburgh Plate Glass Company, as assignee of the coinventors, plaintiff...
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Memorandum Opinion and Order Annie Briscoe Pye, a woman 87 years of age and a widow, died testate February 17, 1969. She had no living children, and it appears there are only four heirs at law and next of kin of said decedent ; that three of them are mi juris and of lawful age, and the fourth heir at law and next of kin, a resident of California, is not sui juris but is represented by her mother a...
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325 F. Supp. 689 (1971) Dominick A. FIRMANI, Plaintiff, v. John H. CLARKE et al., Defendants. Civ. A. No. 3983. United States District Court, D. Delaware. April 22, 1971. *690 Irving Morris and Joseph A. Rosenthal, of Cohen, Morris & Rosenthal, Wilmington, Del., for plaintiff. William Prickett, of Prickett, Ward, Burt & Sanders, Wilmington, Del., and David P. Bruton, of Drinker, Biddle &a...
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325 F. Supp. 572 (1971) Tony VALDES, by his natural guardian, et al., Plaintiffs, v. MONROE COUNTY BOARD OF PUBLIC INSTRUCTION, J. E. Adair and Glynn Archer, individually and as principals of Coral Shore High School and Key West High School, Defendants. Civ. No. 71-204. United States District Court, S. D. Florida. April 22, 1971. Beverly Gurevitz and Jack P. Attias, Miami, Fla., for plaintiffs. M...
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MEMORANDUM This matter is now before the Court on defendant’s motion for rehearing of dismissal of all 15 counts stated in the Government’s information. The information charges that the Atlantic Coast Line Railroad Company and the Seaboard Air Line Railroad Company, the constituent corporations which merged to form the defendant corporation, gave concessions by the device of paying the Land Truck...
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ORDER This matter is now before the Court on reargument of defendant’s motion for *900dismissal of all 15 counts stated in the Government’s information. The information charges that the defendant gave concessions by the device of paying the Land Trucking Company a total of $368.53 on all 15 counts. Said concessions were for the unloading of freight at a warehouse, “which unloading service was not ...
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This suit 1 arises out of an automobile accident which occurred in September of 1969 on a floating pontoon in the Mississippi River within St. James Parish, Louisiana. While parked on the floating pontoon and waiting in line to obtain a ticket for the Lutcher to Vacherie ferry, the station wagon in which plaintiff was seated was struck from the rear by an automobile driven by Mrs. Ev...
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Defendant, Ali Ahmad Houssein, has served a two year sentence under a judgment of conviction by this court after a guilty plea to the second count of a six count indictment. The second count charged defendant as being a transferee of marihuana in violation of Title 26, U.S.C. section 4744(a) without having paid the tax imposed by Title 26, U.S.C. section 4741(a). Represented by counsel, Houssein n...
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ORDER ALLOWING $300.00 TO COUNSEL FOR DEFENDANT UNDER CRIMINAL JUSTICE ACT AS EXPENSES AND COMPENSATION OF REPRESENTATION AND MODIFYING PROBATION OF DEFENDANT Defendant was accused by information filed herein on September 9, 1970, of knowingly and wilfully and with intent to defraud passing, uttering and publishing a counterfeit $10.00 Federal Reserve Note on or about July 27, 1970. On the same...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS, DIRECTING CLERK TO FILE MOTION TO CORRECT SENTENCE AS A PETITION FOR WRIT OF CORAM NOBIS AND SETTING HEARING ON PETITION On October 16, 1934, petitioner pleaded guilty in this Court to an indictment charging him with unlawfully selling 46 grains of morphine hydrochloride. Subsequently, on October 24, 1934, a sentence of two years’ ...
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MEMORANDUM This matter is before the Court on defendant’s motion for summary judgment with supporting affidavits and suggestions in support of the motion. Plaintiffs filed suggestions in opposition to the motion and the parties were heard on the matter. This action was commenced in the Circuit Court of Scotland County, Missouri, and thereafter removed to this Court on the basis of diversity of ci...
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ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS, GRANTING IN PART DEFENDANTS’ MOTIONS FOR A MORE DEFINITE STATEMENT, DENYING PLAINTIFF’S MOTIONS FOR ADDITIONAL TIME AND TO ADD PARTIES DEFENDANT WITHOUT PREJUDICE, DENYING DEFENDANTS’ MOTIONS TO STRIKE, GRANTING MOTIONS FOR VISITING LAWYERS TO APPEAR, AND DIRECTING PLAINTIFF TO SUBMIT PROPOSED SECOND AMENDED COMPLAINT The amended complaint was...
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MEMORANDUM In this action plaintiff seeks a review of the administrative procedure by which she was discharged from her employment as a distribution clerk substitute by the Post Office Department in St. Louis, Missouri. Plaintiff claims procedural violations of 5 U.S.C. § 554 and § 556 and Title 5 C.F.R. 752.202. The matter is before the Court on defendants’ motion for summary judgment based upon...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of defendant for summary judgment [Filing 86]. Oral argument was heard from plaintiff's counsel but defendant’s counsel, despite notice failed to present oral argument. It should be noted that the Court was adequately advised of defendant’s position from the brief filed with the Court in support of this motion. The Court is now ...
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Defendant R. W. Pressprich & Co., Inc., moves to stay all proceedings in this action pending arbitration of the disputes between the parties. Plaintiff is the principal stockholder of Coenen & Co., Inc., a broker-dealer and investment banking firm. During the period from July 1968 to July 1969 he was a member of the board of directors of defendant Stirling Homex Corporation, and personally purchas...
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OPINION On August 29, 1968, William Zeckendorf filed for an arrangement in this court under Chapter XI of the Bankruptcy Act. On the same day, without adversary presentations, Referee Herzog issued a restraining order under § 314 of the Act, 11 U.S.C. § 714, barring actions against the debtor pending a final decree in the arrangement proceeding or further order of the bankruptcy court. ...
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OPINION The original complaint in this action, filed as a class action by plaintiff Chester Washington against George K. Wyman, Commissioner of New York State Department of Social Services and Jack Goldberg, Commissioner of New York City Department of Social Services, combines two substantive issues: 1) whether the New York City Department of Social Services Procedure Number 70-30 (hereinafter “70...
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ORDER The above Plaintiff, whose jury conviction in this Court for passing counterfeit money has been affirmed by the United States Court of Appeals, Tenth Circuit, 422 F.2d 528, and Certiorari Denied by the United States Supreme Court, now moves under 28 U.S.C. § 2255 to vacate his said conviction and the sentence based thereon because allegedly he was served by ineffective counsel at his trial b...
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*232 SUR PLEADINGS AND PROOF This case is now before the court on plaintiffs’ application for an expansion of the preliminary injunction entered September 22, 1970 (N.T. 212 of Document 20), and for a permanent injunction (N.T. 118). The complaint was filed on July 17, 1970, by Betty Sellers and Adella May 1 on behalf of themselves and all persons similarly situated. The complaint alleges...
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OPINION The defendant, Clarence Scott, was convicted of five of six counts of mail fraud in violation of Section 1342 of Title 18, United States Code. He has moved for a new trial, asserting the following reasons therefor: 1. That the Court erred in denying defendant’s Motion for Judgment of Acquittal made at the conclusion of the Government’s case and renewed at the conclusion of all of the evide...
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325 F. Supp. 1162 (1971) Vivian WOOLFOLK et al., v. Otis L. BROWN, etc., et al. Civ. A. No. 225-70-R. United States District Court, E. D. Virginia, Richmond Division. April 22, 1971. *1163 John M. Levy, Legal Aid Society of Roanoke Valley, Roanoke, Va., Dennis Yeager, Douglas Broadwater, Center on Social Welfare Policy and Law, New York City, for plaintiffs. Theodore J. Markow, Anthony F. Troy, A...
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MEMORANDUM AND ORDER Plaintiff brings this action seeking to recover in excess of $36,000 on an oral contract which called for it to procure stevedoring services. Defendant has moved to dismiss for lack of admiralty jurisdiction, but concedes that diversity jurisdiction exists. Upon hearing on the motion to dismiss, however, defendant sought to raise the issue of improper venue, which he ...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of habeas corpus compelling the respondent to expunge from petitioner’s records his undesirable discharge and grant petitioner an honorable discharge. Petitioner *33also requests leave t...
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JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioners, state convicts confined in the Missouri State Penitentiary, have petitioned this Court for a writ of federal habeas corpus requesting relief from certain conditions of their confinement which they contend violate their federal rights under Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718. Petitioners also request leave to proc...
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JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of second degree burglary. Petitioner also requests leave to proceed in forma pauperis. Leave to proceed in forma pauperis has been previously granted. Petitioner states that, after...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus invalidating his state sentence on a conviction of felonious assault. Petitioner also requests leave to proceed in forma pauperis. Leave to ...
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327 F. Supp. 821 (1971) Curtis Eugene ROWLAND and Charles Edward McClelland, inmates of the Pen Unit of the Nebraska Penal and Correctional Complex, Box 111, Lincoln, Nebraska, Petitioners, v. Warden Maurice H. SIGLER, Nebraska Penal and Correctional Complex, Box 111, Lincoln, Nebraska, Respondent. Curtis Eugene ROWLAND, inmate, Nebraska Penal and Correctional Complex, Pen Unit, Box 111, Lincoln,...
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OPINION This is a petition for a writ of habeas corpus brought by a First Lieutenant in the Medical Corps, United States Army Reserve. Petitioner, Jeffrey M. Arlen, attacks the Army’s denial of his conscientious objector application. Petitioner moved for a preliminary injunction seeking to enjoin the respondents from requiring him to report for active duty on February 5, 1971, pursuant to Army ord...
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This is an application by defendants and by plaintiffs in 19 of these actions, which 19 actions are class actions, for approval of a proposed compromise under which the actions and all claims of the classes therein will be settled and dismissed with prejudice. Fed.R.Civ.P. 23 ,(e). The application is granted and the ''proposed compromise is approved. These are 27 civil actions, 8 of which were com...
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OPINION AND ORDER Presently before the court is a petition for writ of habeas corpus in which relator, Samuel Woods, Jr., attacks his convictions for burglary, robbery, armed robbery and assault and battery, No. 223, February Term, 1968, Criminal Actions 390-391, and No. 224, February Term, 1968, Criminal Actions 384-386, Court of Common Pleas, Criminal Division, Montgomery County, Pennsylvania. T...
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325 F. Supp. 1374 (1971) Carol MATTINGLY, Individually, and her minor children, et al., Plaintiffs, v. Gabriel ELIAS and Bella Angel, Defendants. Civ. A. No. 69-2788. United States District Court, E. D. Pennsylvania. April 21, 1971. *1375 Lorry W. Post, John C. Marston, Bucks County Legal Aid Society, Doylestown, Pa., for plaintiffs. William J. Curlin, Begley, Carlin, Mandio, Kelton & Popkin,...
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MEMORANDUM AND ORDER Petitioner was arrested March 2, 1959, and charged with statutory rape of a 12 year old female child. He was indicted March 9, 1959, and later tried by a jury. On December 2, 1959, he was found guilty, and sentenced to life in prison. A notice of appeal was not filed, and a transcript of the trial was never prepared. Shortly after his son’s arrest, petitioner’s father ret...
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MEMORANDUM OPINION AND ORDER Pursuant to 28 U.S.C. § 2241, 2254, Petitioner seeks habeas corpus relief from imprisonment following his December 6, 1965, conviction for the offense of murder. Under the provisions of Article 11.07, Vernon’s Ann.Texas Code of Criminal Procedure, Petitioner first applied to the convicting District Court of Burleson County. After a hearing, this court filed with the Te...
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MEMORANDUM OPINION This cause of action for damages resulting from the death of Willie Miles and for his pain and suffering up to the time of his death was filed by Georgia Miles, widow of the deceased, and American National Bank of Beaumont, temporary administrator of the estate of Willie Miles, against States Marine Lines, Inc., owner and operator of the SS BLUE GRASS STATE, a vessel in maritim...
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MEMORANDUM AND ORDER This is an action for infringement of copyrights pursuant to the provisions of the Copyright Act, 17 U.S.C. § 101 et seq. Two copyrighted musical compositions, “Days of Wine and Roses” and “Deep Purple” were allegedly performed for profit without authorization at the White Horse Cellar Club on August 13, 1968. Plaintiffs seek an injunction, statutory damages, costs an...
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MEMORANDUM OPINION In this suit the Federation of Homemakers, a consumer organization dedi *183 cated to protecting the integrity of food products, challenges the use of “All Meat” labels 1 on frankfurters when such products actually contain up to 15 percent of non-meat ingredients. Such labels have been authorized for use by the defendants, the Secretary of Agriculture and the Assistant Se...
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MEMORANDUM OF DECISION The plaintiff was a non-tenured instructor at a public school and was discharged before expiration of her contract period. Seeking pecuniary damages and injunctive relief, she filed in this court a complaint framed within the Civil Rights Act, 42 U.S.C. '§§ 1983 and 1985, naming as defendants the Board of Education, the individual board members, the superintendent o...
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Marion Stevenson filed an application with this court pursuant to Title 42, United States Code, Section 1983. He was granted permission to proceed in forma pauperis pursuant to Title 28, United States Code, Section 1915, for the limited purpose of allowing the court to determine the sufficiency of his complaint. Stevenson alleged that, after legal papers belonging to him were found in the cell of...
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ORDER Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3). This matter is before the Court on the petition and return of writ. The Court also has before it a transcript of petitioner’s trial. Factual issues are not in dispute. Consequently, an evidentiary hearing is not required under the criteria of...
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ORDER TO REMAND Plaintiff sued Defendant Physicians & Surgeons Building Corporation in State Court claiming damages for injuries allegedly caused by the malfunctioning of an elevator in this Defendant’s building. On motion of Physicians & Surgeons Building Corporation, the State Court allowed the joinder of Cross-Defendants Dover Corporation and General Elevator Company as additional parties defe...
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MEMORANDUM AND ORDER This matter is before the court on a motion to challenge the sufficiency of service on a corporation. Federal Rule of Civil Procedure 4(d) (3) authorizes service upon a domestic or foreign corporation by having a copy of the summons and complaint delivered to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive process. ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT This cause having been the subject of a hearing concerning the jurisdictional amount, and the Court having examined the pleadings, heard the statement of counsel and being fully advised, now enters the following findings of fact, conclusions of law and judgment. FINDINGS OF FACT 1. Plaintiffs, Juan Suárez, Carmen Suárez and their conjugal pa...
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MEMORANDUM AND ORDER In this ship foreclosure proceeding, the question now presented is whether wages earned by alleged deserters may prime the preferred ship mortgage. The mortgagee contends that the amount should be applied to the debt. This position is opposed by the United States, which has an interest in the fund sufficient to confer standing. Humes v. Alaska Transportation Company, 180 F.2d ...
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325 F. Supp. 65 (1971) NORTHWEST RESIDENTS ASSOCIATION, a Voluntary Organization, et al., Plaintiffs, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, a Department of the Executive Branch of the United States, et al., Defendants. No. 70-C-590. United States District Court, E. D. Wisconsin. April 20, 1971. Catania & Neubecker, by Nicholas C. Catania, Milwaukee, Wis., for plaintiffs. David J. Ca...
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DECISION and ORDER This is a diversity action for a commission alleged to be due the plaintiff for finding a purchaser for the defendants’ business property in Sheboygan County, Wisconsin. The defendants have moved for summary judgment. *200Count I of the complaint alleges, in part: “4. In the early part of 1969 the defendants contracted to pay the plaintiff a finder’s fee of 6% if the plaintiff ...
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FINDINGS, CONCLUSIONS AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR DISQUALIFICATION AND REASSIGNMENT OF CASE This matter has come on for hearing Monday, April 19, 1971, at 2:00 P.M., before the Honorable A. ANDREW HAUK, United States District Judge, to whom the case, cause and proceedings herein 1 was heretofore assigned by lot under the rules, regulations and orders *91 of this United States...
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MEMORANDUM DENYING MOTION FOR PRELIMINARY INJUNCTION The complaint in this action seeks declaratory and injunctive relief against the defendants to prevent them from suspending the plaintiff from his job with the United States Post Office Department pending a full administrative hearing on certain charges. The complaint asks further that the Court declare the rules and procedures under which the ...
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MEMORANDUM OPINION AND ORDER THE COMPLAINT This is a case arising out of a securities transaction. In the complaint the plaintiffs alleged five different causes of action. The first cause of action pertains to violations of the margin requirements promulgated under the Securities Exchange Act of 1934. The second cause of action deals with the anti-fraud provisions of section 10(b) of...
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MEMORANDUM OPINION AND ORDER I. GENERAL DESCRIPTION OF THE PATENT PROCESS AND THE PLEETSET PROCESS The above group of cases which have common questions of fact, pursuant to 28 U.S.C. § 1407, have been transferred to the U. S. District Court for the Northern District of California for consolidated or coordinated pretrial proceedings. The undersigned has been designated by the Panel to conduct the ...
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MEMORANDUM OPINION AND ORDER Plaintiffs are students at numerous elementary schools in Pueblo, Colorado, which do not have school lunch programs. They are also children of Pueblo residents who are either on welfare or have very limited means. Plaintiffs complain, on behalf of themselves and all others similarly situated, that defendant officials have acted arbitrarily and irrationally in ...
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OPINION AND ORDER I. Plaintiffs are home owners in the District of Columbia whose deeds to their homes, recorded with the D. C. Recorder of Deeds, contain a racially restrictive covenant. They have brought this suit as a class action against the Recorder of Deeds and the Mayor-Commissioner of the District of Columbia on their own behalf and on behalf of all home owners in the District of Columbia ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court pursuant to the order of remand of the United States Court of Appeals for the District of Columbia Circuit (App. No. 23,957), 439 F.2d 642, dated January 29, 1971, to conduct further proceedings, which were held on March 11, 29, 30 and April 5 and 6,1971. After careful consideration of all the testimony elicited at the ...
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MEMORANDUM OPINION In this multi-defendant criminal action, the defendant, Edward Fishbein, at the time set for sentencing, moved pursuant to Rule 32(d), F.R.Crim.P., before sentence was imposed, to withdraw his plea of nolo contendere to Count 2 of the indictment. The facts relevant to the defendant’s motion may be summarized as follows: On June 7, 1968, the Grand Jury returned a twenty-nine coun...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT On January 25, 1971, the Federal Trade Commission issued a “Notice of Public Hearing and Opportunity to Submit Data, Views or Arguments Regarding a Proposed Trade Regulation Rule” (36 Fed.Reg. 1012 (1971)). The Notice states that the Commission has undertaken a trade regulation rule proceeding to consider whether it should promulgate a rule by ...
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ORDER AND MEMORANDUM OPINION The named plaintiffs, in a class action in three counts “for themselves and all othér persons similarly situated”, allege discrimination by the defendants, who are members of the State Board of Equalization of the State of Montana, through unequal assessments and taxation of the plaintiffs’ property as compared with others of the same class. Count one alleges a conspi...
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MEMORANDUM This possessory action in admiralty presents an unusual and unfortunate situation. Plaintiff, a marine repairman, obtained and performed a certain repair contract, but has never been paid. This finding serves merely as the introduction to a complex legal dispute. Besides plaintiff, the parties involved in this action are Frank B. Hall and Company (“Hall”), and the Mastan Company, Inc. ...
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MEMORANDUM Plaintiffs Duke Gardens Foundation, Inc. (“the foundation”) and Doris Duke (“Duke”) move pursuant to Rules 26(c) and 45(b), F.R.Civ.P., for an order vacating the defendant’s notice to take the depositions of S. T. Jacobs, Charles Ra-hilly, and Angelo Ciaramella, and quashing the subpoenas duces tecum served upon them. On May 22, 1970, plaintiffs commenced an action against defendant in...
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325 F. Supp. 9 (1971) Perley WILSON, v. Arthur T. PRASSE, Commissioner of Correction, Commonwealth of Pennsylvania, Harrisburg, James F. Maroney, Superintendent, Herbert E. Welch, Deputy Supt., and Allyn Sielaff, now Commissioner. Civ. A. No. 67-644. United States District Court, W. D. Pennsylvania, Pittsburgh Division. April 19, 1971. *10 R. Stanton Wettick, Jr., Neighborhood Legal Services, Pit...
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OPINION AND ORDER Before the Court is the request of Hezekiah Thomas for a writ of habeas corpus. This request is a variation of relator’s Civil Rights action recently dismissed by this Court, United States ex rel. Thomas v. Specter, Civil Action No. 69-2279 (E.D.Pa., April 16, 1971). In that action, relator noted that he was under state indictment and requested this Court to bar the defendant Spe...
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OPINION AND ORDER Petitioner, William G. Cale, Jr., was inducted into the Armed Forces on November 3, 1970. On that same day he filed this petition for a writ of habeas corpus, seeking his release from the Army on the ground that the Order under which he was inducted was issued in violation of the Selective Service Act of 1967, 50 U.S.C.App. § 451 et seq. and the regulations promulgated pursuant t...
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MEMORANDUM Plaintiff students, some of whom are officers of student organizations of the University of Tennessee at Knoxville, seek a declaratory judgment and injunction against defendants, the Governor of Tennessee, and the President and the Chancellor of the University of Tennessee. At the June 18, 1970 meeting of the Board of Trustees of the University, an *91 approved resolution provide...
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OPINION AND JUDGMENT This action is brought 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. The decision rendered by the hearing examiner on April 17, 1970 denying the plaintiff his claimed disability insurance benefits, became the final decision of the Secretary when the Appeals Council denied the ...
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OPINION and JUDGMENT This cause is before the court on a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255. The petitioner attacks a conviction rendered against him in this court on December 11, 1969 on a charge of possession of a firearm after previous conviction of a felony. Cabbler received a sentence of one year with eight months suspended and three years probation. An appeal was made ...
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This is an action brought by a black musician and part-time college student under various sections of the civil rights acts, particularly 42 U.S.C. § 1983, originally against the Village of Golden Valley, its councilman, police chief and four police officers. For the first nine months of the year 1969, defendant played a musical instrument in a band at night at an establishment called the Point S...
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MEMORANDUM OPINION In this action Eldon L. Free, libellant, seeks to recover damages in personam against Victor Sample, respondent, as a result of injuries sustained by libellant in an accident involving a motor boat which occurred on Lake Hamilton near Hot Springs, Arkansas. Libellant is a resident and citizen of Bossier City, Louisiana. Respondent is domiciled in Little Rock, Arkansas. Jurisdic...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner is a California State prisoner, presently incarcerated in the California Correctional Institution, Tehachapi, California, after having been convicted and sentenced upon his pleas of guilty to four counts of first degree armed robbery, five years to life, and two counts of felony grand theft, one to ten years, concurrently. He now seeks a ...
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MEMORANDUM The original indictment of October 27, 1970, charges Charles West with possession of an unregistered sawed-off shotgun on or about June 26, 1970, in Georgetown, Delaware. After the arraignment, defendant West moved to suppress a sawed-off shotgun in possession of the government and also a statement of his dated July 20, 1970. At the commencement of the hearing on this motion, the defend...
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MEMORANDUM OPINION Cross-Motions for Summary Judgment This is an action by a former probationary employee of the United States Post Office for reinstatement, damages and equitable relief. Plaintiff alleges that he was arbitrarily and illegally discharged by postal officials for exercising statutory and Constitutional rights, that he was denied due process because of the refusal of the United State...
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MEMORANDUM OPINION This is a § 301 class action by employees of the Furnco Construction Corporation, alleging violations of the collective bargaining contract. Plaintiffs also allege misconduct by their Un*1221ion, including breach of the Union’s duty of fair representation. This matter is before this Court on Defendant’s Motion to Dismiss Plaintiffs’ Amended Complaint. Defendant’s motion is gran...
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MEMORANDUM Plaintiff, as executor of Henry Higgason’s estate, seeks a refund of income taxes which the decedent, under an alleged claim of right, reported and paid for several years prior to his death. *976Higgason had been a self-employed optometrist for many years. On 1 May 1952 he executed an employment agreement with one Stanley Warner whereby Warner, who agreed to enter the optometry firm, wa...
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MEMORANDUM This case came on to be heard on cross-motions for summary judgment filed by plaintiffs and each defendant. Plaintiffs are two residents of Somerville, Massachusetts, and two organizations. One of the organizations is a community group of Somerville citizens (referred to in the complaint as SCAT); the other is a non-profit Massachusetts corporation concerned with transportation...
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The question here presented on defendants’ motions to dismiss is: Can plaintiff a private citizen who himself has suffered no property injury or damage other than as a member of the general public, and who alleges pollution of navigable waters by two manufacturing establishments or mills which discharge ‘‘refuse” into said waters bring a civil action qui tam, 1 to recover ...
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MEMORANDUM-DECISION and ORDER The two lady plaintiffs for themselves and on behalf of alleged class members, similarly wronged it is claimed, seek injunctive and declaratory relief and the composition of a three-judge court. (28 U.S.C. §§ 2281-2284). The claims are always ones of serious nature in that they assert Article 3-A of the Personal Property Law, McKinney’s Consol. Laws, c. 41, an...
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MEMORANDUM Before the Court is the request of John Elwood Long for a writ of habeas corpus. Relator was indicted on charges of armed robbery and carrying a firearm without a license (Nos. 153, 153A, March Term, 1965, Schuylkill County Court). After a plea of guilty, relator was sentenced to a term of seven to fourteen years imprisonment. He is presently incarcerated at the State Correctional Insti...
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MEMORANDUM OPINION Presently before the Court are plaintiff’s motions for judgment notwithstanding the verdict, or, in the alternative, for a new trial. Plaintiff instituted this action on the theory that it was entitled to be indemnified for all sums of money paid by it in settlement of a personal injury claim on the ground that the defendant was primarily responsible for the injury which gave r...
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MEMORANDUM AND ORDER This is a proceeding by a serviceman seeking a temporary restraining order and further injunctive relief barring his removal from this district pending action by the Navy on his application for in-service Conscientious Objector (“C. 0.”) classification and consequent discharge. Petitioner Tonzi filed his appli*1390cation on December 28, 1970. At that time, he was in receipt of...
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OPINION AND ORDER Before going into reorganization under § 77 of the Bankruptcy Act on June 21, 1970, the Debtor had filed applications with the Interstate Commerce Commission for the discontinuance of various passenger trains. On September 22, 1970 (served September 30, 1970) the ICC entered an order at Finance Docket No. 26106, authorizing, inter alia, the discontinuance of 16 trains.1 This or*3...
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327 F.Supp. 33 (1971) Roy HEARN, d/b/a Martinique Lounge et al. v. H. B. SHORT, Chief of Police, Houston Police Department, et al. Civ. A. No. 70-H-1376. United States District Court, S. D. Texas, Houston Division. April 16, 1971. Ray Epps, Cutler & Epps, Houston, Tex., for plaintiff Martinique Lounge. David H. Berg and Stuart M. Nelkin, Houston, Tex., for plaintiff-intervenor My-O-My Club. C...
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MEMORANDUM OPINION Plaintiff, a practicing physician and attorney, seek’s to recover $48,000.00 from his broker for losses incurred in trading commodity future contracts of pork bellies and hogs, which it is contended resulted from defendant's negligent failure to advise him of material market information. Specifically, pláintiff claims that while he was the owner of fourteen short contra...
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MEMORANDUM OPINION AND ORDER I. This suit was commenced on February 2, 1968, in the District Court for the Western District of Missouri. The Court on March 23, 1970, sua sponte transferred the case to this District, 313 F.Supp. 164. As presently amended the complaint asserts claims under Sections 10 (b) and 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j (b)...
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MEMORANDUM OPINION AND ORDER The defendant is under indictment for First Degree Murder and Robbery. He has moved for a pre-trial physical and psychiatric examination of two prospective government witnesses for the purpose of determining their competency and credibility. Defendant alleges as grounds for the motion that these two witnesses are crucial to the Government’s case and that he has reason ...
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OPINION Plaintiffs brought this action for a declaratory judgment, injunctive relief, compensatory and punitive damages. They allege that defendant’s advertisement of its product Excedrin has been and is false as a result of which they, and all other persons similarly situated, have been injured and are continuing to be injured. The false advertising plaintiffs assert is defendant’s ...
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QUESTION PRESENTED The motion by defendant George C. Cravatas, Esq., to withdraw his plea of nolo contendere and to set aside his judgment of conviction, Rule 32(d), Fed. R.Crim.P., presents the question whether an attorney, who is a member of the bar of this Court, after pleading nolo contendere to, and the Court having found him guilty of, a charge of willful failure to file his federal income t...
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MEMORANDUM This matter is before the Court on defendants’ motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, on the ground that the action is time barred by the running of the statute of limitations. The complaint, filed September 21, 1970, alleges that the plaintiff is a resident of Iowa; that defendant Grim-Smith Hospital is a Missouri corporation with its princip...
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MEMORANDUM This matter is before the Court on petitioner’s motion for a writ of habeas corpus under the provisions of 28 U.S.C. § 2241. This motion will be treated as a motion to vacate sentence and judgment under 28 U.S.C. § 2255, which is the proper statute for the relief petitioner has requested. The petitioner is now serving a sentence of twenty years im*976prisonment on a verdict of guilty re...
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326 F.Supp. 1113 (1971) OZARK AIR LINES, INC., a Corporation, Plaintiff, v. Lester L. COX et al., Defendants. No. 71 C 197(3). United States District Court, E. D. Missouri, E. D. April 15, 1971. *1114 Veryl L. Riddle, Thomas S. McPheeters, Jr., Roger Edgar, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for plaintiff. Lon Hocker, Hocker, Goodwin, Koenig, Gibbons & Fehlig, St. Louis,...
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Petitioner seeks a writ of habeas corpus, alleging that he was induced to give evidence against himself on the basis of promises of a limited sentence made by the District Attorney’s Office, that the promises were not kept, and that his guilty plea to the indictment against him was therefore involuntary. Petitioner further asserts that he was inadequately represented by counsel.1 On this applicati...
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This is a motion by defendant Weiss-credit Banca Commerciale E D’lnvestimenti (Weiss) to dismiss the indictment on the ground that it fails to allege an offense by movant. Fed.R.Crim.P. 12(b) There is an alternative ground that the government has failed to give movant “fair warning that it is subject to the laws it is charged with violating”. The motion must be denied in all respects. The ...
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MEMORANDUM The defendant, Samuel Bronston, having been tried before a court and jury and found guilty of one count of perjury in violation of Section 1621 of Title 18 of the United States Code, moves pursuant to Fed.R.Crim.P. 29 for judgment of acquittal or, in the alternative, for a new trial under Fed.R.Crim.P. 29 and 33. Count one of the indictment1 in substance charges that Mr. Bronston knowin...
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MEMORANDUM OPINION Plaintiff, First National Bank of Catawba County (“First National”), Hickory, North Carolina, seeks by this action to have declared invalid the approval of William B. Camp, Comptroller of the Currency of the United States (“Comptroller”), of an application of the defendant, Wachovia Bank & Trust Company, N. A. (“Wachovia”), of Winston-Salem, North Carolina, for permission to es...
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OPINION “Milk and honey” sounds of sweetness and serenity in story and song but “milk”, “Commission” and “Co-Op” in conjunction connote confusion, contradiction and controversy in this case in court. This is a class action brought on behalf of approximately 300 of a total of 1200 farmers who were members of the Erie-Crawford Dairy Co-Operative Association during the years of 1957 to ...
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OPINION AND ORDER Plaintiffs herein filed Petitions urging this Court to grant them injunctive relief, convene a Three Judge Court (28 U.S.C.A. 2281) and issue a declaratory judgment (28 U.S.C.A. 2201). All of these remedies are sought on the basis that their civil rights, as guaranteed by 42 U.S.C.A. 1983, would be violated if the criminal proceedings already initiated by the Commonwealth of P...
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MEMORANDUM OPINION Plaintiff, Aberdeen Cable TV Service, Inc., a South Dakota corporation, brings this suit to enjoin the City of Aberdeen, South Dakota, and its officers, from preventing plaintiff from delivering CATV service to the residents of the City of Aberdeen. Upon request of Chief District Judge Nichol, this three-judge court was convened to hear the case. We have reviewed this action and...
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ORDER The defendants in this action have been charged in a one-count indictment with the interstate transfer of firearms in violation of 18 U.S.C. §§ 922(a) (5) and 924(a). Mr. Tyler, one of the defendants, has filed three pretrial motions. In its brief in opposition to Mr. Tyler’s motions, the government states that it has furnished Mr. Tyler’s attorney with its “complete investigative repor...
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OPINION AND ORDER This is a civil action for damages and injunctive relief. In his complaint, plaintiff alleges that on April 1, 1969, his parole was revoked without being preceded by a constitutionally valid hearing; that he was taken into custody on October 1, 1969; that he was confined in jail from October 1, 1969, to June 9, 1970, when he pleaded guilty to certain charges; that the period bet...
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325 F. Supp. 1401 (1971) ENVIRONMENTAL DEFENSE FUND, Committee for Leaving the Environment of America Natural (Clean), National Wildlife Federation, and Florida Audubon Society, Plaintiffs, v. Clifford M. HARDIN, Secretary of Agriculture, United States Department of Agriculture, and Agricultural Research Service, Defendants. Civ. A. No. 2319-70. United States District Court, District of Columbia....
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ORDER This order is a one-judge sequel to a three-judge order entered in this case on December 30, 1970. The original complaint attacked the constitutionality of the Georgia Driver Training School License Act, Ga. Laws 1968, pp. 436, 441, Ga. Code Ann.Supp. § 92A-1101 et seq. All of the plaintiffs were either owners or drivers (instructors) at various private driver training schools in and around ...
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MEMORANDUM OPINION Facts: Lurline B. (App) Smith died testate on July 14, 1958. Thomas H. Cleavenger was appointed administrator of the estate. On October 14, 1959, the administrator filed an estate tax return showing a tax due of $32,512.67. The government assessed a tax liability of $32,640.77 against the estate on November 6, 1959. A notice of a lien for this amount was filed by the governme...
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MEMORANDUM This matter is before the Court on defendants’ separate motions to dismiss for lack of jurisdiction over the subject matter. Counsel for the parties appeared and were heard on the motions. Briefs in support and in opposition have been submitted. Plaintiffs are United Steelworkers of America, AFL-CIO, (hereinafter referred to as “Union”) the collective bargaining representative of all th...
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CLASS ACTION ORDER NO. 71-13 ORDER DENYING CERTIFICATION (By Assignment). The defendants having renewed their motion for certification of Class Action Order No. 71-5, 333 F.Supp. 278 and also for certification of Class Action Order No. 71-11, 333 F.Supp. 310, the *296court has considered the records and files herein, including said motion for certification, Class Action Orders No. 71-5 and 71-11, ...
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The defendants seek to void a prosecution against them for criminal tax evasion on the ground that the government’s proceedings and proof were tainted by illegal electronic surveillance. I. In 1961-62, the Department of Justice was conducting a grand jury investigation of Joseph “Doc” Stacher under an organized crime drive (OCD). The investigation was directed primarily to whether Stacher owned ce...
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MEMORANDUM This is a suit in admiralty brought by the plaintiff, Stratford International Tobacco Company, against the Corporación Peruana de Vapores to recover a balance of $7,206.50 due on a $13,436.50 purchase of cigarettes and liquor made on May 6, 1965. The facts of the case are as follows. I Plaintiff is a corporation engaged in the sale of tax-free cigarettes and liquor to vessels in the Por...
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*285MEMORANDUM OPINION AND ORDER OF DISMISSAL Plaintiff, a 17-year-old senior in the Canby Union High School, seeks declaratory and injunctive relief as well as money damages, claiming that the school’s rule on hair length violates his civil rights under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. The court assumed jurisdiction under the above-cited statutes, and during the pendency of the action the c...
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MEMORANDUM AND ORDER The relator, Robert Gerlach, has filed with this Court a petition for a writ of habeas corpus. We have decided to deny the petition without prejudice for failure to exhaust state remedies. 28 U.S. C.A. § 2254. In May of 1970 relator filed a petition for a writ of habeas corpus in the Court of Common Pleas, Philadelphia County. On June 24, 1970, relator’s petition was returned ...
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OPINION The plaintiff, Thomas Iannarelli, instituted this action to obtain review of his discharge as a civil service employee of the United States Government.1 As an employee of the National' Park Service in the Department of the Interior, the plaintiff at various times made charges of racial and religious discrimination against certain officials of the National Park Service, and also encouraged...
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OPINION In this habeas corpus action, petitioner, a Navy officer, seeks judicial review of the denial by the Chief of Naval Personnel of his in-service conscientious objector application. Jurisdiction is alleged under 28 U.S.C. §§ 2241 and 1391(e). Respondents contend that this Court lacks jurisdiction to entertain this claim. The parties have submitted an agreed statement of facts relating to tha...
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OPINION and JUDGMENT On December 4, 1968 John Leo Connors was convicted in this court upon his pleas of guilty to violations of 18 U.S.C. § 2312 and 18 U.S.C. § 751(a). Since he was twenty years old on the date of conviction, he came within the terms of the Youth Corrections Act, 18 U.S.C. §§ 5005 et seq., and the court sentenced him to the custody of the Attorney General as provided in 18 U.S.C. ...
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ORDER The plaintiff in this action has moved for a preliminary injunction; briefs have been received from both sides and, in addition, the defendants have filed their answer to the plaintiff’s complaint. The complaint alleges that the plaintiff was a non-tenured instructor at the University of Wisconsin’s Parkside campus and that in May, 1968, he was notified that his employment would be terminate...
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324 F. Supp. 1089 (1971) C. Larue DECKER and Celia Decker, Plaintiffs, v. FOX RIVER TRACTOR CO., a Wisconsin corporation, Defendant. No. 69-C-465. United States District Court, E. D. Wisconsin. April 14, 1971. Warshafsky, Rotter & Tarnoff, by Michael Tarnoff, Milwaukee, Wis., for plaintiffs. Clark, Rankin, Nash, Spindler & Dean, by John P. Nash, Manitowoc, Wis., and John W. Emmerling, Mil...
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DECISION and ORDER This action was begun in a state court and removed to this court upon the petition of the defendant Owens-Corning Fiberglas Corp. The plaintiff since has moved to remand this action to the state court and argues that removal was improper because of lack of diversity of citizenship. In general, the opening portion of the complaint alleges that the plaintiff and the Jos. P. Janse...
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MEMORANDUM OPINION AND ORDER DIRECTING JUDGMENT FOR DEFENDANT Plaintiff sues under 26 U.S.C. § 7426(a) (1), which provides in relevant part that “if a levy has been made on property * * * any person (other than the person against whom is assessed the tax out of which such levy arose) who claims an interest in or lien on such property and that such property was wrongfully levied upon may bring a ci...
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MEMORANDUM OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for patent infringement. The plaintiff complains that certain apparatus manufactured and sold by the defendant infringe claims 34 and 35 of plaintiff's United States Letters Patent No. 2,861,688 granted November 25, 1958, and entitled “Liquid Clarification System.” It has been stipulated by the parties that...
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324 F. Supp. 529 (1971) UNITED STATES of America v. Bill R. HUNTER, d/b/a The Courier. Civ. No. 70-816-T. United States District Court, D. Maryland. April 13, 1971. *530 Frank E. Schwelb and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., and George Beall, U. S. Atty., Baltimore, Md., for plaintiff. Arthur B. Hanson and W. Frank Stickle, Jr., Rockville, Md., and Ralph N. Albright,...
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OPINION Plaintiff, who is a member of the United States Army, brought this petition for a writ of habeas corpus seeking a review of the legality of his detention by the Army and praying for an order directing his discharge from the Army on the ground of his conscientious objection to participation in war by reason of his religious training and belief. An evidentiary hearing was held on the petitio...
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MEMORANDUM OPINION In these consolidated diversity actions, Ruth Louise Williams and Edward Smith, Louisiana citizens and adult children of the defendant, sue their mother, Agnes Bambauer, a Mississippi citizen, for bodily injuries sustained by them in a one-car accident occurring on February 5, 1970. On that date, the defendant was driving a Ford Falcon station wagon in which plaintiffs were rid...
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ORDER GRANTING PETITIONER’S MOTION TO VACATE JUDGMENT OF DECEMBER 31, 1970, AND JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of “control of a narcotic drug.” Petitioner also requests leave to proceed in forma pauperis...
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MEMORANDUM OF DECISION The petitioner, Jerome Erving, Jr., is presently incarcerated in the Nebraska Penal and Correctional Complex pursuant to his May 20, 1965, conviction for murder in the perpetration of a robbery. Erving, together with two co-defendants, was tried in the District Court of Douglas County, Nebraska, before a jury which returned a verdict of guilty against two of the defendants w...
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*292CLASS ACTION ORDER NO. 71-11 (CALIFORNIA) ORDER DETERMINING CERTAIN CLASSES AND DIRECTING RULE 23(c) (2) NOTICE TO CLASS MEMBERS (By Assignment). On February 10, 1971, this court issued Class Action Order No. 71-5, 333 F.Supp. 278 which determined, under Fed.R.Civ.P. 23(c) (1), that this action may be conditionally maintained as a class action under Fed.R.Civ.P. 23(b) (3) by the plaintiff sta...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION The plaintiff, United Dairy Farmers Cooperative Association, has instituted this action to enjoin the defendants, The Pennsylvania Milk Control Commission, 1 and its members, and the Attorney General of Pennsylvania, 2 from imposing certain sanctions by reason of plaintiff’s sale of milk at retail prices which are al ...
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324 F. Supp. 1087 (1971) Richard E. COFFEY and Mildred M. Coffey, Plaintiffs, v. UNITED STATES of America, Secretary of the Navy, Paul Ignatius, the Atchison, Topeka and Santa Fe Railway Company, a Kansas and California Corporation, H. L. Perkins, an individual, and an agent for the Atchison, Topeka and Santa Fe Railway Company, Defendants. Civ. No. 69-1-K. United States District Court, S. D. Cal...
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MEMORANDUM OPINION This Memorandum Opinion is concerned solely with the issue of whether Standard Oil Company of California (hereinafter “Standard Oil”) is entitled to indemnity or contribution on its claim against the United States. A full description of the facts and circumstances giving rise to the fire, the subsequent deaths, personal injuries and extensive property damage was set forth in th...
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MEMORANDUM OF DECISION AND ORDER FACTS Plaintiffs, SAM ANDREWS’ SONS, are a general partnership engaged in lettuce and melon growing. In harvesting their produce, plaintiffs historically have relied heavily upon a labor force composed of Mexican citizens who com*36mute daily into the United States from Mexico. The aliens enter this country by use of the so-called “green cards”, i. e. Forms 1-151, ...
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OPINION This matter is before me on a petition for review of an order of the Referee in Bankruptcy. The following are the primary facts found by the Referee which seems to me to be relevant to the disposition of this matter. They, as well as the other primary facts found by the Referee, are amply supported by the record. On August 18, 1966, Paul Scotton Contracting Co. Inc., (“Scotton”) gave a ch...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS Concerned citizens throughout the United States have been seeking novel legal remedies in an effort to prevent environmental destruction. The use of the qui tam action to enforce the provisions of Sections 407 and 411 of the Rivers and Harbors Act of 1899 (Title 33, United States Code) has been recently “discovered” by many citizens and conservation gro...
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ORDER In this case the plaintiffs seek by amendment to add an additional party defendant, namely, the liability insurer for the defendant motor carrier. Counsel explain that they did not learn that defendant was a common carrier and thereby required to furnish adequate security until after discovery was commenced. Under Georgia law it is permissible to join the motor carrier and its surety in the ...
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This seven count action was instituted by Hopkins in 1963. Five years later, after protracted and extensive discovery had been engaged in by both sides, this Court granted Hopkins’ motion for summary judgment under the first count stated by Hopkins pursuant to Section 12(2) of the Securities Act of 1933 (the ’33 Act). Johns Hopkins University v. Hutton, 297 F.Supp. 1165 (D.Md.1968). The Fourth ...
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OPINION This is an action by Howard Dindo, a resident of Barre, Vermont, against Harold Whitney, a resident of Lancaster, New Hampshire, for injuries arising out of an automobile accident in Chartierville, Quebec, on October 30, 1965. The plaintiff was driving a motor vehicle owned by the defendant and al*196leges that the defendant, while attempting to reach a flashlight, negligently interfered w...
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OPINION Vicente Galvan and Marcelino Torres, plaintiffs, have brought this action pursuant to 42 U.S.C. § 1983 to redress the alleged violation of rights secured to them by the Constitution of the United States. Asserting jurisdiction under 28 U.S.C. § 1343(3), (4), plaintiffs contend that the denial by the defendant, the Industrial Commissioner of the State of New York, of unemployment insurance ...
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MEMORANDUM OF DECISION AND ORDER Pleadings The amended complaint states a claim for declaratory judgment praying that patent No. 2,988,259 be adjudged invalid and not infringed and a second claim for false marking (35 U.S.C. § 292). Defendant assignee of the patent issued to James N. Callinicos and assignee of a prior patent issued to James N. Callinicos under U.S. Patent No. 2,821,297 counterc...
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OPINION Relator here seeks a writ of habeas corpus. He alleges denial of due process of law by virtue of (a) the application of the M’Naghten Rule as the test for insanity by the courts of Pennsylvania; (b) the application of a burden of proof requiring defendant to establish his insanity by a preponderance of evidence, *334and (c) the trial court’s conclusion (non-jury) that relator had not met t...
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ORDER This proceeding involves a petition for the writ of habeas corpus. Petitioner is presently confined, in the custody of respondent, at the Brushy Mountain Prison, Petros, Tennessee, where he is serving a sentence of ninety-nine years vvhich was imposed by the Criminal Court of Davidson County, Tennessee, following his plea of guilty, in 1948, to a charge of murder in the first degree. In h...
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This is an action by the United States to collect a one hundred per cent penalty assessment due for failure to pay over the excise tax on the dues of the Casa View Country Club for the fourth quarter of 1959 and the third quarter of 1960. Findings of Fact 1. The defendant, Carmen L. Lawrence, is the independent executrix and sole beneficiary under the will of her husband, F. A. Lawrence. 2. Casa...
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MEMORANDUM DECISION The parties have stipulated that this cause be submitted to the court without argument on cross motions for summary judgment. The facts are set forth in the pleadings and are not disputed. The facts are as follows: The United States of America let a contract for the construction of certain facilities of the Reclamation Bureau. The contract was to Wells Construction Company in t...
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ORDER This case is now submitted upon the motion of the defendants Leiter, Perez, Sirulnik, Muresan, Robbins and Dillinger, filed herein April 7, 1971, asking this Court to order the plaintiffs to file further answers to certain interrogatories that were propounded by the defendants to plaintiffs on March 3, 1971. The responses that the plaintiffs have made to the defendants’ interrogatories to wh...
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MEMORANDUM AND ORDER This case is before the court on the defendant’s motion for dismissal of the complaint or, in the alternative, for summary judgment. The plaintiff filed this action against the United States under the Federal Tort Claims Act., 28 U.S.C. § 1346(b), 2671, et seq., alleging that the United States “acting through its duly authorized employee and agent, one Private Jack Dennis Spea...
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MEMORANDUM OPINION This suit was brought on an open marine cargo insurance policy to recover losses sustained by Commercial Trading Company, hereafter “Commercial”, the holder of the order bills of lading covering four separate shipments of frozen meat which were delivered to Progressive Meat Packers, Inc., hereafter “Progressive”, the notify party, and the named insured in the ocean cargo policy...
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324 F. Supp. 863 (1971) UNITED STATES of America, Plaintiff, v. Howard J. NYGARD, Jr., Defendant. No. 6173. United States District Court, W. D. Missouri, S. D. April 9, 1971. *864 Bert C. Hurn, U. S. Dist. Atty., Paul Anthony White, Asst. U. S. Atty., Kansas City, Mo., for plaintiff. O. J. Taylor, Springfield, Mo., for defendant. MEMORANDUM AND ORDER JOHN W. OLIVER, District Judge. I. This case...
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325 F. Supp. 309 (1971) In re PENN CENTRAL SECURITIES LITIGATION. No. 56. Judicial Panel on Multidistrict Litigation. April 9, 1971. *310 Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL[*], Judges of the Panel. OPINION AND ORDER PER CURIAM. On January 25, 1971, the Panel considered seventeen actions involvin...
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Defendant moves for summary judgment on the second count of the amended complaint and on portions of the fourth count. The second count alleges violations of the Robinson-Patman Price Discrimination Act, 15 U.S.C.A. § 13 et seq., and the fourth count arises under the same Act and also under the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 2.1 *250BACKGROUND FACTS Plaintiff, a plumbing supplies who...
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This is a motion by the defendant, Weis, Voisin, Cannon, Inc., engaged in the business of securities brokerage and securities underwriting, and a member of national stock exchanges, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The action was commenced by plaintiffs, husband and wife, to recover damages for losses sustained by them in the purchase of securiti...
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MEMORANDUM OPINION This is an action for injunctive relief, pursuant to 42 U.S.C. § 1983, against San Jacinto Junior College, its president and board of regents. Specifically, plaintiff seeks reinstatement and a permanent injunction against the continued enforcement of an appearance regulation against himself and other faculty members of the college. Plaintiff was discharged from his position as ...
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OPINION AND ORDER Defendant, Eugene Henry Brunelle, is a resident of Brownington, Orleans County, in the State of Vermont. He was born May 19, 1943. Upon reaching his eighteenth year, defendant, as required by law, registered with Local Board #10 of the Selective Service System, Orleans County, Newport, Vermont. Defendant left school after the eighth grade to work full-time on his father’s farm w...
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MEMORANDUM OF DECISION This action involves that portion of interstate highway 1-90 proposed to bypass the congested business area of the Town of North Bend, Washington. Plaintiffs, residents of North Bend and immediate vicinity, contend the value of their property, as well as their use of nearby recreational and wildlife facilities will be impaired by construction of the highway and seek a pre...
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MEMORANDUM OPINION This case involves a question of priority of liens between the United States and the defendant. Invoking jurisdiction pursuant to 28 U.S.C. § 1345, the plaintiff, the United States of America, seeks a judgment against the defendant, D. W. White, in the amount of $1,000.00. The plaintiff has moved for summary judgment in its favor. There is no dispute as to the relevant facts whi...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Plaintiff is a public utility engaged in the business of supplying exchange and toll telephone service in certain areas of the State of Colorado. As such, its charges and rates are subject to the jurisdiction of the defendant, Public Utilities Commission of the State of Colorado (Commission). On October 1, 1970, the plaintiff filed with the Commissio...
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325 F. Supp. 550 (1971) Albert L. SPILLERS, Plaintiff, v. Morgan SLAUGHTER, as Clerk of the Circuit Court of Duval County, Florida, Harry M. Nearing, as Supervisor of Registration of Duval County, Florida, Edgar McCurry and Kitty Burnette, respectively, as Chairman and First Vice Chairman of the Republican Party of Duval County, Florida, and Richard Stone, as the Secretary of the State of Florida...
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324 F. Supp. 698 (1971) UNITED STATES of America, Plaintiff, v. LAZY F C RANCH, a partnership, and August Martsch, Joseph Martsch, Fred Mayer and Jacob Kerbs, also known as Jake Kerbs, partners, Defendants. Civ. No. 4022. United States District Court, D. Idaho. April 8, 1971. *699 Sidney E. Smith, U. S. Atty., Boise, Idaho, for plaintiff. Lloyd J. Walker, Hepworth, Walker, Nungester & Felton,...
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325 F. Supp. 392 (1971) George L. MARSH, Plaintiff, v. Robert J. MOORE, as he is the Superintendent of the Massachusetts Correctional Institution, Walpole, Defendant. Civ. A. No. 70-760-J. United States District Court, D. Massachusetts. April 8, 1971. *393 David S. Mortensen, Boston, Mass., for plaintiff. Mark I. Berson, Boston, Mass., for defendant. MEMORANDUM JULIAN, District Judge. Plaintiff,...
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OPINION AND ORDER DENYING MOTIONS FOR REDUCTION OF SENTENCE Petitioner MILLARD ROBERT BEASLEY was convicted on February 20, 1969, by the late Honorable Thaddeus Machrowicz, without a jury, of having violated Section 2113(d), Title 18, United States Code [attempted armed bank robbery], and was thereafter sentenced *287on June 2, 1969, to a twenty-five (25) year term to run consecutively to a Michig...
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$85,145.22 is sought for machinery and parts delivered and services rendered to defendant. Defendant moves to dismiss for lack of personal jurisdiction and, in the alternative, for change of venue to Southern California. For the reasons stated below this action must be dismissed. I There is very little dispute as to the facts. For purposes of this preliminary motion any dispute is res...
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MEMORANDUM OPINION AND ORDER The petitioner was tried in the Lucas County, Ohio, Common Pleas Court and convicted of armed robbery and auto theft. Since November of 1963 he has been serving a ten to twenty-five-year sentence at the Chillieothe, Ohio, Correctional Institution. He charges, and the State does not dispute, that his conviction results at least in part from comment by the prosecution on...
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OPINION AND ORDER In March 1969 plaintiff entered into a lease with the Chester Housing Authority for the rental of a unit at the McCaffrey Village Project, Chester, Pennsylvania. Chester Housing Authority is a housing authority established under the Pennsylvania Housing Authorities Law, 35 Pa.Stat.Ann. § 1541 et seq. to construct, own and operate federally assisted low-rent housing pursuant to 42...
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325 F. Supp. 1287 (1971) George Laurence MILLER, Surviving Trustee under Deed of Trust of George Laurence Miller and Mary Campbell Miller dated March 15, 1935, George Laurence Miller and George Laurence Miller, Jr., Executors of the Estate of Mary Campbell Miller, deceased, Plaintiffs, v. UNITED STATES of America, Defendant. Civ. A. No. 68-2046. United States District Court, E. D. Pennsylvania. A...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed by counsel on behalf of Alvin Junior Chittum, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241. Petitioner is presently serving three sentences totalling thirteen years in accordance with the judgments imposed by the Circuit Court for the County of Roanoke, Virginia on September...
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MEMORANDUM OF DECISION This suit is brought by Douglas Pick-ell, an enlisted man in the United States Navy, to restrain his separation from the Navy with an undesirable discharge.1 A Navy Field Board recommended that Pickell be given an undesirable discharge under Bureau of Personnel Manual (Bupersman) Article 34-20220(3) (g) for possession of marijuana. His Commanding Officer and the Chief of th...
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325 F.Supp. 1191 (1971) William PAYNE et al., Plaintiffs, v. Earl WHITMORE, etc., et al., Defendants. No. C-70 2727. United States District Court, N. D. California. April 7, 1971. *1192 Eric W. Wright, Legal Aid Society of San Mateo County, Redwood City, Cal., for plaintiffs. Keith C. Sorenson, Dist. Atty., San Mateo County, by James A. Aiello, Deputy Dist. Atty., Redwood City, Cal., for defendan...
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FINDINGS of FACT, CONCLUSIONS of LAW and OPINION The Court having considered the Agreed Findings of Fact of the parties, *1365the evidence and the briefs and arguments of counsel, makes the following Findings of Fact and Conclusions of Law. FINDINGS of FACT 1. Plaintiff is a New Jersey corporation having its principal office in Harrisburg, Pennsylvania. 2. Defendant is an Illinois corporation with...
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OPINION ON THE MERITS The plaintiffs, Phyllis L. Hunt, and seven of her minor children are recipients of grants under the program of Aid to Families with Dependent Children, authorized by 42 U.S.C. § 601 et seq. and Minnesota Statutes § 256.73 et seq. On September 3, 1969, she and her children moved from Ramsey County, Minnesota, to Cass County, Minnesota. Since that time they have resided on Indi...
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325 F. Supp. 656 (1971) UNITED STATES of America, Plaintiff, v. R. J. REYNOLDS TOBACCO COMPANY, RJI Corporation, Sea-Land Service, Inc., Walter Kidde & Company, Inc., and United States Lines, Inc., Defendants. Civ. A. No. 1668-70. United States District Court, D. New Jersey. April 7, 1971. Raymond W. Young, U. S. Atty., Chief, Civil Division, Newark, N. J., Donald Flexner, Kenneth A. Sagat, C...
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OPINION Plaintiffs have moved for a remand of this case to the state court whence it was brought here by defendant. Both sides have the court’s appreciation for skillful and learned presentations. On the less aesthetic level of result, the decision must be for plaintiffs. The ease began in the State Supreme Court, New York County, with the service of a summons alone. The complaint, s...
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OPINION Once again the case of Eisen v. Carlisle & Jacquelin has reached the point of determining whether it meets the requirements of a class action under Rule 23 of the Federal Rules of Civil Procedure. This is the latest in a series of opinions dealing with this complex issue, and it may not be the last. To recapitulate: Eisen v. Carlisle & Jacquelin, 41 F.R.D. 147 (S.D.N.Y.1966) initially det...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter is before the court on a motion by the intervening defendants to vacate or amend this court’s Order of January 15, 1970, as to them. The effect of the Order from which the intervening defendants seek relief is to maintain the status quo in the Central Germantown Urban Renewal Area pending a trial on the merits. The Order prohibits the volu...
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OPINION AND ORDER This is a suit against the United States for a refund of federal income tax. Jurisdiction is based on 28 U.S.C. § 1346(a) (1). Both parties have moved for summary judgment. The following facts have been stipulated: “1. Plaintiff is Provident National Bank, co-trustee of a testamentary trust created by Laura Tyler, deceased. 2. Defendant is the United States of America. 3. Laura ...
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ORDER This petitioner, a State prisoner, seeks federal relief in habeas corpus without prior resort to the State Court. He would justify such by-pass of State remedies with the claim that resort to remedies in the Courts of this State has been established to be ineffective in proceedings such as this. In support of such claim, he seeks to develop through interrogatories,1 which he requests this Co...
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MEMORANDUM OPINION This is an action instituted by the United States and Gerald T. Culver, Special Agent of the Internal Revenue Service, pursuant to 26 U.S.C. §§ 7604(a) and 7402(b) to enforce a summons served on Mr. White on December 7, 1970, requiring the production of records affecting his client, Mr. Roberts. These records consist of certain summaries and work papers prepared by Mr. ...
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MEMORANDUM AND ORDER In this proceeding to foreclose a preferred ship mortgage, the United States has intervened to assert a claim for withholding and Federal Insurance Contributions Act taxes in the amount of $44,911.10 with respect to certain seamen’s wages. These wages were never paid, and became the basis of a net wage claim filed earlier in this proceeding. This wage claim was volunt...
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The question presented here is whether the Vermont Department of Social Welfare can, in accordance with the mandates of the due process clause of the Fourteenth Amendment, effectuate state-wide policy changes in the Vermont Social Welfare program having the overall effect of increasing the benefits of some recipients and reducing that of others without first affording the latter a prereduction he...
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*1040MEMORANDUM John William Polk, Jr., seeks an order from this Court returning his selective service file to his local draft board for further consideration of a claim that he is entitled to an exemption as a sole surviving son. He also raises several other claims, but those allegations are not presently before the Court. A preliminary injunction has been entered staying an outstanding order tha...
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325 F. Supp. 268 (1971) ORGANIZED MIGRANTS IN COMMUNITY ACTION, INC.; Toby Hughes, a minor, by his next friend and guardian Essie Mae Hughes, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. JAMES ARCHER SMITH HOSPITAL, and Warren Stearnes, Director of James Archer Smith Hospital; the City of Homestead, Florida; Crawford Blake, as Chairman of the Municipal Hospit...
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MEMORANDUM AND ORDER This is an action brought by the United States to recover estate taxes which it contends are owed by the estate of one T. C. Russell. Liability is sought to be imposed on Harriett C. Russell, the wife of the decedent and the surviving joint tenant of some of the estate assets, pursuant to the provisions of 26 U.S.C.A. § 6324(a) (2). The government has abandoned its claim again...
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OPINION In this diversity action, complainant alleges breach of a personal services employment contract by discharge without legal cause and seeks pecuniary damages. Defendant denies liability. In June or July of 1967, Franklin was approached by a representative of Texas International Petroleum Corporation (formerly Nordon Corporation, Ltd.— hereinafter “Tipco”) about the possibility of employment...
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These five, factually uncomplicated, cases bring us into some of the most troubled waters in admiralty today. Two of the five cases, Green and Randolph, were commenced as libels in admiralty; the other three, were instituted as civil actions at law. In each of the five cases, the party instituting the action was an employee of a stevedoring company who was injured on a pier or in a pier-based stru...
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OPINION AND ORDER The actions listed on Schedule A were all brought by persons who held Brown Company Preferred Stock on June 9, 1970, the date of the merger between Brown and one of its subsidiaries. Sometime in May, Brown mailed a Proxy Statement to its stockholders to *308obtain their approval of the merger and of the proposed conversion of Brown Preferred Stock into Brown Company Debentures a...
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Plaintiff, a New York resident, engaged in various projects involving the *1041 development of Guyana, an underdeveloped South American nation, commenced this suit on July 9, 1969, generally alleging fraud, breach of contract, breach of fiduciary obligation, and violation of the Securities Laws by the defendants. Defendants are: Litton Industries, Inc., a Delaware corporation whose stock is tra...
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*449OPINION and ORDER The petitioner, a prisoner at the State Correctional Institution at Pittsburgh, Pennsylvania, filed a petition for writ of Habeas Corpus in this Court on March 31, 1970. In his petition he related that he was convicted on nine counts of burglary and receiving stolen goods in 1947 in the Court of Common Pleas of Allegheny County (Numbers 6, 21, 22, 23, 24, 25, 28, 36, and 44, ...
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MEMORANDUM OPINION AND ORDER We are called to rule upon a three-pronged pleading motion which raises questions as to the proper manner of asserting a claim over for contribution and/or indemnity in an action which has been removed here from the state court. The case arises out of an automobile accident which occurred in Philadelphia on June 7, 1968. In May 1970, just prior to the expiration of th...
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MEMORANDUM AND ORDER Plaintiff in this action seeks to enjoin the Internal Revenue Service from collecting wagering taxes assessed against plaintiff for parts of 1963 and 1964. Plaintiff contends that the Government’s *597collection efforts constitute an attempt to penalize him for exercising his constitutional privilege against self-incrimination. The case is before the court on the Government’s ...
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324 F. Supp. 1211 (1971) Betty L. GOLD, on behalf of the Susquehanna Corporation, Plaintiff, v. Arch C. SCURLOCK, Arthur W. Sloan, Daniel McBride, Glenn L. Sloane, Keith E. Rumbel and the Susquehanna Corporation, Defendants. Civ. A. No. 4990-A. United States District Court, E. D. Virginia, Alexandria Division. April 6, 1971. *1212 *1213 Ewell G. Moore, Jr., Fairfax, Va., Sidney B. Silverman, New ...
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329 F.Supp. 118 (1971) Richard J. BROOKS, a citizen, et al., Plaintiffs, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Defendants. No. 9144. United States District Court, W. D. Washington, at Seattle. April 6, 1971. *119 Irving Clark, Jr., Seattle, Wash., for plaintiffs. Stan Pitkin, U. S. Atty., Albert E. Stephan, First Asst. U. S. Atty., Seattle, Wash...
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MEMORANDUM OPINION The plaintiff, Leanna Morgan, born September 12, 1907, applied for widow’s benefits on March 4, 1968, based on the Social Security earnings record of Jim Morgan. The Secretary denied her claim initially based on a finding that the plaintiff had not been validly married to the wage earner, as is required by Section 202(e) of the Social Security Act, [42 U.S.C. § 402(e)], because ...
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329 F. Supp. 93 (1971) In the Matter of NICKERSON & NICKERSON, INC., Debtor. No. B 09575. United States District Court, D. Nebraska. April 5, 1971. Harold L. Rock, Omaha, Neb., for Official Creditor's Committee. Paul Festersen, Omaha, Neb., for Debtor-in-Possession. Richard Farrington, Springfield, Mo., for Lugene's, Inc. Joseph Barmettler, Omaha, Neb., for Skelly. MEMORANDUM AND ORDER RICHA...
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OPINION This matter is before the Court in order that I may rule on plaintiff’s motion for summary judgment and defendants’ motion to dismiss, or in the alternative, for summary judgment. Briefs have been submitted and oral argument was heard. John Louis Mertz is presently an inmate at the New Jersey State Prison Farm at Rahway (Rahway). Warren Pinto is the former superintendent of the Rahway pris...
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OPINION ON MOTION OF DEFENDANT FOR SUMMARY JUDGMENT This is an action by the trustee of the bankrupt, Kulukundis Maritime Industries, Inc. (KMI), to recover alleged voidable preferences under the Bankruptcy Act. 11 U.S.C. §§ 96(a) (1), (b) and 110(e). 1 Defendant, Bank of Nova Scotia, has moved for summary judgment dismissing the claim as barred by the applicable statute of limi...
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325 F. Supp. 416 (1971) Harvey CULP, Petitioner, v. V. Lee BOUNDS and the State of North Carolina, Respondents. Harvey CULP, Petitioner, v. David P. HENRY, Administrator, Central Prison, and State of North Carolina, Respondents. Civ. A. Nos. 2599, 2645. United States District Court, W. D. North Carolina, Charlotte Division. April 5, 1971. *417 George S. Daly, Jr., Charlotte, N. C., for petitioner...
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OPINION AND ORDER Presently before the court is a petition for writ of habeas corpus in which relator, Leon Pinder, attacks his conviction for “Lottery” and “Traffic in Lottery Tickets”, on Bill of Indictment No. 100, December Sessions, 1967, Court of Common Pleas, Criminal Division, Delaware County, Pennsylvania. Relator challenges the legality of his confinement upon the grounds that: (1) his co...
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OPINION In 1965, Lorenzo Richardson was convicted in state court on a charge1 of ag*1263gravated robbery and was sentenced to a term of 7% to 15 years. In this petition for writ of habeas corpus, he attacks that conviction as based upon the use of evidence obtained in violation of his rights under the Fourth Amendment. Counsel was appointed to represent Richardson in these proceedings and a hearin...
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MEMORANDUM OPINION AND ORDER The defendant, who was convicted of the charges contained in count two of the indictment herein, has made a motion, renewing his earlier motion for entry of a judgment of acquittal, or, in the alternative, for a new trial, on the ground that the evidence relating to this count is insufficient to support his conviction. Rules 29(c), 33, Federal Rules of Criminal Procedu...
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Plaintiff George Bessette and intervenors Maurice Paulin, Starrlee Paulin, and Jacqueline Hanes were all notified by defendant Malloy, the Commissioner of Motor Vehicles for the State of Vermont, of the proposed suspension of their motor vehicle operators’ licenses under § 604 of Title 23 of the Vermont Statutes Annotated (V.S.A.) for failure to pay their poll taxes.1 Plaintiffs seek a declaration...
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*689OPINION AND JUDGMENT This cause involves the plaintiff’s attempt to establish a period of disability-under 42 U.S.C. § 416(i) and to obtain social security disability benefits under 42 U.S.C. § 423. His claim for benefits was denied at all levels of the administrative process and the Appeals Council’s rejection of his appeal became the final decision of the Secretary on August 28, 1970. Within...
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325 F. Supp. 828 (1971) Carolyn BRADLEY et al., v. The SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al. Civ. A. No. 3353. United States District Court, E. D. Virginia, Richmond Division. April 5, 1971. *829 *830 Norman J. Chachkin, New York City, Louis R. Lucas, Memphis, Tenn., M. Ralph Page, James R. Olphin, Richmond, Va., for plaintiffs. George B. Little, John H. O'Brion, Jr., James K. Cl...
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OPINION and JUDGMENT This action is brought 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. The decision rendered by the hearing examiner on June 13, 1969 denying the plaintiff her claimed widow’s insurance benefits as a surviving divorced wife, became the final decision of the Secretary when the ...
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OPINION and JUDGMENT On December 28, 1970 the petitioner was convicted, despite his plea of not guilty, of disorderly conduct by the Municipal Court for the City of Roanoke, a court not of record. He received a sentence of ninety (90) days in jail and a $300 fine which he appealed, pursuant to Va.Code Ann. §§ 16.1-132, 16.1-136 (Repl.Vol.1960), to the Hustings Court for the City of Roanoke. At thi...
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OPINION AND ORDER. Defendants have moved to dismiss this action for declaratory and injunctive relief against enforcement of a state criminal statute under the civil rights statutes, § 1983, Title 42 U.S.C.A., § 1343 and § 2201, Title 28 U.S.C.A. The initial complaint prayed for invocation of a three-judge court under § 2281, et seq., Title 28 U.S.C.A. According to the amended complaint, plaintiff...
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OPINION The plaintiff in this action to recover short-swing profits pursuant to § 16(b)1 of the Securities Exchange Act of 1934 (15 U.S.C. § 78p(b) ) has moved for summary judgment. The defendants agree that no genuine issue of material fact exists with respect to the issue of liability, asserting that the only question *150is a legal one — is the transaction complained of exempt from § 16(b) by ...
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MEMORANDUM AND ORDER Plaintiffs, James Biggs and Linda Biggs, initiate this action pursuant to section 1346(a) (1) of Title 28, United States Code against the United States of America for recovery of income taxes which allegedly were illegally and erroneously assessed. Plaintiff, James Biggs, was, between July 1, 1966, and the date of the filing of this suit, a resident physician with the Univers...
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DECISION AND ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR 3-JUDGE COURT; AND DISMISSING COMPLAINT WITH PREJUDICE This matter came before us in a hearing on March 1, 1971, upon Plaintiff’s application for “Order for Return of All Prints of Still Photographs Taken; Temporary Restraining Order; Order to Show Cause.” Plaintiffs seek the Temporary Restraining Order to enjoin Defen...
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MEMORANDUM OPINION This case presents the discrete question whether under Article I, Section 6, Clause 2 of the Constitution of the United States a person may at the same time be a member of Congress and hold a commission in the Armed Forces Reserve. The meaning and effect of this constitutional provision have never before been determined by a court. There is no factual dispute, and the l...
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ORDER This is an action brought pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for social security disability benefits. The hearing examiner before whom plaintiff appeared, originally found that plaintiff was not entitled to disability benefits. The Appeals Council of the Social Security Adm...
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324 F. Supp. 1388 (1971) Joseph P. CIARAMITARO et al., Plaintiffs, v. Ernest H. WOODS et al., Defendants. Civ. A. No. 32519. United States District Court, E. D. Michigan, S. D. April 2, 1971. *1389 Robert H. Golden, Detroit, Mich., for plaintiffs. Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., for defendants. OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AS TO CERTAIN NA...
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325 F. Supp. 1185 (1971) SPECIAL TRANSPORTATION SERVICES, INC., a Corporation, Plaintiff, v. Theodore BALTO, Defendant. No. 4-70 Civ. 90. United States District Court, D. Minnesota, Fourth Division. April 2, 1971. Hvass, Weisman, King & Allen, by Gary C. Hoffman, Minneapolis, Minn., for plaintiff. Schermer, Schwappach, Borkon & Ramstead, by John H. Ramstead, Minneapolis, Minn., for defend...
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These consolidated cases result from damage done two vessels on Gulfport Lake on the Mississippi Gulf Coast by Hurricane Camille on Sunday night, August 17, 1969. Ladner owned a pleasure yacht known as the Off Key and had an insurance policy on the craft with Liberty Mutual Insurance Company as his insurer covering such insurance risk for which he was paid $60,000 by said insurer. The insurer clai...
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OPINION Plaintiffs bring action under the Civil Rights Act, 42 U.S.C. § 1983, to recover money damages against their landlord, a public housing authority. Plaintiffs allege that they have been denied equal protection of the laws, as guaranteed by the Fourteenth Amendment to the United States Constitution. From 1964 to 1970 defendant charged a higher rent to welfare recipients than it charged to...
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325 F. Supp. 609 (1971) Joseph COLOSIMO and Lorraine Colosimo, parents and natural guardians of John A. Colosimo, a minor, and Joseph Colosimo and Lorraine Colosimo, in their own right, Plaintiffs, v. The MAY DEPARTMENT STORE COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. Mr. and Mrs. James P. HUGHES and Muskin Manufacturing Company, Third-Party Defendants. Civ. No. 67-8. United ...
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324 F. Supp. 875 (1971) COUNTRY MAID, INC. v. Vasilios HASEOTES et al. Civ. A. No. 68-605. United States District Court, E. D. Pennsylvania. April 2, 1971. William S. Rawls, Philadelphia, Pa., for plaintiff. Dolores Korman, Philadelphia, Pa., for defendants. OPINION DITTER, District Judge. In this antitrust case, part of plaintiff's claim for relief is based upon allegations *876 of price discri...
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OPINION The Trustees have petitioned the Court for authorization to expend substantial sums of money and to incur certain obligations in order to purchase the fixed assets of the Boston & Providence Railroad Corporation, in implementation of a plan for the reorganization of that railroad. The proposed purchase would require the Trustees to make immediate cash payments totalling $2,810,000, and to...
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OPINION AND ORDER Suing to recover for the wrongful death of her son, the plaintiff Executrix recovered judgment against the defendants Randolph H. Lloyd, Frank Lloyd and Clifton W. Scott. The defendant Scott has now moved for judgment in *904his favor, n. o. v. or for a new trial nisi.1 The defendants Lloyd have moved for a new trial nisi. So far as the motion of the defendants Randolph H. Lloyd ...
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MEMORANDUM OPINION AND ORDER This action by a decedent's widow for his wrongful death was dismissed by the Court, on the ground that the complaint fails to state a claim upon which relief can be granted, Rule 12(b) (6), Federal Rules of Civil Procedure, in that a wrongful death action under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq., accrues only to the personal representative ...
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Memorandum and Order: After exhausting his available state remedies as 28 U.S.C. § 2254 mandates, the above-named petitioner sought federal habeas corpus relief. For reasons more fully stated below, the application for habeas corpus will be denied; it is so ORDERED. Petitioner’s contention that he was denied effective assistance of counsel at trial fails to pass muster under the standard announ...
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325 F. Supp. 80 (1971) JETCO ELECTRONIC INDUSTRIES, Inc. v. Robert F. GARDINER, Individually and d/b/a Gardiner Electronics Co. Thomas S. DOSS v. Robert F. GARDINER et al. Civ. A. Nos. 70-H-441, 70-H-446. United States District Court, S. D. Texas, Houston Division. April 2, 1971. *81 *82 W. R. Malone, Huntsville, Tex., Donald Gunn, Houston, Tex., for plaintiffs. Thomas H. Watkins, Baker, Watkins,...
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MEMORANDUM OPINION AND ORDER On August 1, 1968, the plaintiff, James W. Brinkley, was employed by Old Dominion Stevedoring Corporation as a longshoreman on the dock adjacent to the BOSTON MARU, a vessel owned by the defendant and third-party plaintiff, Nippon Yusen Kaisha. The vessel was being unloaded at Pier N of Lambert’s Point Docks, Inc., a marine terminal at Norfolk, Virginia. On the day of ...
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OPINION AND ORDER DISMISSING COMPLAINT This is an action challenging the constitutionality of a Wisconsin criminal statute régulating the use and possession of marijuana and other like substances. The plaintiff here is a defendant in a pending state court prosecution under the statute at issue. Plaintiff brings this action contending, on his own behalf and behalf of all others similarly situated, ...
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ORDER DENYING WITHOUT PREJUDICE MOTION TO STRIKE PRAYER FOR DAMAGES This action deals with a wide range of grievances set forth by the complaints of a great number of California prisoners. It includes prayers for injunctive and monetary relief made not only by those plaintiffs whose cases are consolidated herein, but also by a vast number of other plaintiffs whose cases have been held in abeyance ...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This action seeks the return of federal estate taxes previously paid under protest. The plaintiff executor contends that the testatrix created under the terms of her Will a charitable remainder interest eligible for a deduction under 26 U.S.C. § 2055. Cross-motions for summary judgment were filed and both parties agreed that there remained no disputed ...
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MEMORANDUM OPINION AND ORDER This cause came on for consideration upon the filing of a “motion raising defense.” The Court has heard arguments of counsel and counsel have stipulated that all relevant documents are before the Court. Both parties have filed memoranda briefing the issues. Defendant is charged in a one count indictment with failing to report to his Local Draft Board as required by Boa...
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ORDER I Plaintiff, proceeding pro se, seeks to redress his Undesirable Discharge from the Army in September, 1960. Plaintiff makes these allegations, as briefly summarized; that he was inducted into the Army in 1946; that he had an unblemished record until January, 1960, when he began to have trouble with his creditors; that in July, 1960, he was convicted by a General Court Martial and sentenced ...
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ORDER This action is brought by Chatham County Hospital Authority and certain of its employees representing a class to recover payments made under an annuity agreement entered into between the Authority and National Health & Welfare Retirement Association in 1955. The latter is a non-profit, tax-exempt corporation organized under the laws of New York. It is licensed in that State to engage in the...
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MEMORANDUM AND ORDER I. Petitioner, a prisoner in the Medical Center for Federal Prisoners, has filed a petition for habeas corpus in which he contends that he is presently entitled to release from confinement. Paragraph 4 of the petition alleges that petitioner was sentenced on March 21, 1967, to a term of 4 years imprisonment for violation of the Dyer Act, 18 U.S.C. § 2312. In addition, the peti...
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MEMORANDUM Oh January 29, 1971, the respondent filed a “Motion for Relief from Judgment” which contested this court’s determination that the habeas applicant in this action should either be retried or released by the State of Nebraska in ninety days. The motion was filed pursuant to Rule 60(b) (6) of the Federal Rules of Civil Procedure. Respondent assigns four reasons why this court’s January 19,...
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OPINION On June 23, 1969, a charter party1 was entered into by the plaintiff shipowner and the defendant, India Supply Mission, as voyage charterer for the shipment of a quantity of bagged urea from a United States Gulf port to India. Under its terms, the shipowner was obligated to provide a “tight, staunch and strong” vessel that was “in every way fitted for the voyage to India,” and to carry th...
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MEMORANDUM AND ORDER Plaintiff seeks an order declaring him a member of the Board of Directors of the Community National Bank and Trust Company of New York (the Bank). For the reasons stated below plaintiff is entitled to be declared elected to the Board of Directors of the Bank; he must be permitted to serve upon submitting proof of qualification. Except as otherwise noted, all the facts have be...
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MEMORANDUM AND ORDER This is a motion to dismiss the Complaint filed by Radio Broadcasting Company (RBC) against the Bell Telephone Company of Pennsylvania (Bell) and American Telephone & Telegraph Com*169pany (AT&T). This motion is made pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure, on the ground that this Court lacks jurisdiction over the subject matter, because exclusive j...
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OPINION AND ORDER Presently before the Court is defendants’ motion to set aside a default. On April 1, 1969, plaintiff served a set of interrogatories on defendants. On December 8, having received no answers to his interrogatories, plaintiff filed a motion to compel answers pursuant to Rule 37 of the Federal Rules of Civil Procedure. Our colleague, the Honorable Joseph S. Lord, III held a hearing...
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ORDER Petitioner is presently confined in the Tennessee State Penitentiary at Nashville, Tennessee. There he is serving a one-year sentence, which was imposed by the Criminal Court of Hickman County, Tennessee, following his 1968 conviction of manslaughter. It is his contention that his present incarceration is illegal, and, in consequence, he has filed a petition for the writ of habeas corpus....
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This matter comes on to be heard on the following motions: 1. Motion to dismiss East Point Marine Corporation’s third-party complaint against the Barge ACBL 2643 filed by American Commercial Barge Lines, Inc. on October 21, 1970; taken under submission after argument on November 27, 1970. 2. Motion to dismiss cross-claim of Federal Barge Lines, Inc. filed by the Docks on December 2, 1970; taken un...
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OPINION (Sitting by Designation) This case is before the court on the joint motion of the defendants Lital Jane McCoy by her guardian ad litem, Nancy Janet Roberts, and Rosemary McCoy by her guardian, Janet Knight, for summary judgment. On July 17, 1970, the plaintiff, The Prudential Insurance Company of America, filed its complaint for interpleader in which it alleged that the defendant Nellie Ma...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a California State prisoner, incarcerated at Folsom Prison, Represa, California, was sentenced to the term prescribed by law, 5 years to life, on November 29, 1968, by the Superior Court of Los Angeles County following his conviction in a non-jury trial for violation of Penal Code, § 211 (Robbery). The conviction was affirmed by the Cour...
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ORDER GRANTING DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF California participates in the federal aid to needy families program. 42 U.S. C. § 601 et seq. Part of this program gives aid to needy children who are “deprived of parental support or care by reason of the * * * continued absence from the home * * * of a parent”. Plaintiffs are mothers whose husbands are absent from home while on duty with...
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This action was brought by the United Federation of Postal Clerks (hereafter sometimes referred to as “Clerks”), an unincorporated public employee labor organization which consists primarily of employees of the Post Office Department, and which is the exclusive bargaining representative of approximately 305,-000 members of the clerk craft employed by defendant. Defendant Blount is the Postmaster G...
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ORDER OF DISMISSAL Mary Ann Stefanski, plaintiff here and alleged representative of a class of persons similarly situated, sues defendants, Mainway Budget Plan, Inc. and Eastern Underwriters, Inc., for alleged violations of the United States Consumer Credit Protection Act, 15 U.S.C.A. § 1601 et seq. (hereafter known as the “Act”) and Regulation Z, 12 C.F.R. 226 et seq., promulgated by the Federal ...
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MEMORANDUM OPINION AND ORDER This civil action was removed to this court from the Circuit Court of Cook County, Illinois, where it has been pending since 1966, by the third-party defendant Archer-Daniels Midland Company (“Midland”). Plaintiff, Nesti, has moved to remand this case to the state court. The original defendant and the other third-party defendants who were impleaded by Midland ...
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This case arose out of the death of a deep sea diver. All facets of the resulting multi-party donnybrook have been compromised and settled with one exception — the cross-claims of Tidex, Inc. and Brown & Root, Inc. against James Dean Marine Divers, Inc. for contractually obligated indemnity. The Court has been requested to decide these cross-claims on the basis of the contract in question, a stipu...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is an action to recover the proceeds of a life insurance policy alleged to have been issued by defendant, The Mutual Life Insurance Company of New York (MONY) on the life of Arthur R. Palmer, Jr. The parties have submitted the case to the Court on an agreed stipulation of facts. On October 1, 1969, Arthur R. Palmer, Jr. executed an application...
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*428MEMORANDUM This is a petition for a writ of habeas corpus by petitioner seeking relief from increases in his state court sentences, ordered by the Appellate Division of the Superior Court of Massachusetts (Appellate Division)1, on the ground such increases violate the United States Constitution. Petitioner raised the same constitutional issues in the Supreme Judicial Court of Massachusetts, wh...
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MEMORANDUM In this petition for habeas corpus the petitioner, a captain in the Unit*1101ed States Air Force (Air Force), seeks to be discharged from the Air Force on the ground he is a conscientious objector. 50 U.S.C. App. § 456(j). Since the scope of judicial review of the classification of petitioner is narrowly limited, the sole question is whether a “basis in fact” exists for the refusal of t...
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MEMORANDUM OPINION This cause was tried to the court without a jury. The plaintiff is a joint venture composed of The Rust Engineering Company, a Delaware corporation, and The Mason & Hanger-Silas Mason Company, Inc., a West Virginia corporation. Defendant, Building Material, Construction Ice and Coal Drivers, Helpers, Warehousemen and Yardmen Local Union No. 682 (Local 682 or the Union) is a lab...
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All defendants move under Rule 56 of the Federal Rules of Civil Procedure for summary judgment as to the third and fourth counts of the complaint herein. In addition, the Ashplant defendants move for leave to file a third-party complaint against defendant Scantlin. The third count of the complaint alleges that defendant Scantlin Electronics, Inc. (“Scantlin”) violated §§ 5, 12 and 17 of the Securi...
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OPINION John Hardy was convicted in state court in 1952 on a number of bills of indictment (Nos. 550, 552-566, 568-570, March Sessions 1952, Court of Quarter Sessions, Philadelphia County) charging robbery, assault, aggravated robbery, aggravated assault, and assault with intent to ravish, all of which arose out of a series of armed robberies perpetrated by Hardy, alone or with others, during Janu...
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OPINION This action is before the Court on motion by defendant to dismiss the complaint. The motion will be denied. Plaintiffs are residents of Lackawanna County, Pennsylvania. Defendant, a Delaware corporation with its principal place of business in Fairlawn, New Jersey, is presently constructing a steel plant in Scott Township, Lackawanna County. The plaintiffs with the exception of Welch and R...
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OPINION Following an extended trial by jury, the defendant was found guilty of attempting to evade and defeat the payment of his 1961, 1962 and 1963 income taxes in violation of 26 U.S.C. § 7201. The defendant now seeks a judgment of acquittal or, in the alternative, a new trial. In support of his motion, the defendant has submitted an extended brief raising multiple points not all of which are w...
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329 F. Supp. 1000 (1971) Emmett THOMAS et al. v. OLD FORGE COAL COMPANY and Jennie Minichello. No. 68-272 Civ. United States District Court, M. D. Pennsylvania. March 31, 1971. *1001 Charles A. Shea, Jr., A. Richard Caputo, Wilkes-Barre, Pa., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for plaintiffs. F. L. Pinola, Thomas C. Gibbons, Walkes-Barre, Pa., for defendants. MEMORAND...
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ORDER On this date the Court took under consideration the application of ZENO GREEN, Petitioner, for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254. Having reviewed the application and the Transcription of Proceedings of an evidentiary hearing in the convicting Court, together with the Findings of Fact by the judge who conducted the evidentiary hearing, the Court is of the opinion that t...
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ORDER On this date the Court took under consideration the application for writ of habeas corpus filed by Eddie Fletcher pursuant to 28 U.S.C. § 2254. Having conducted a hearing at which Petitioner and Respondent presented evidence, the Court is of the opinion that Petitioner is entitled to relief. Petitioner was convicted in 1958 upon trial by jury in Cause 1511 in the District Court of Dickens Co...
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324 F. Supp. 964 (1971) Paul A. DANCY, etc., Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants (two cases). Civ. A. Nos. 5813-69, 6221-70. United States District Court, S. D. Alabama, S. D. March 30, 1971. Joseph J. Boswell and James T. Strickland, Mobile, Ala., for plaintiff. Richard W. Vollmer, Jr., Mobile, Ala., for State Farm Mut. Ins. Co. Joseph Matranga, Mobile...
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OPINION AND ORDER ON MOTIONS TO DISMISS This is a stockholder’s derivative suit brought against, and for the benefit of, *1127the Gulf, Mobile and Ohio Railroad Company (GM&O). Plaintiff seeks to assert for the railroad a claim to the oil, gas and minerals on and under two strips of land twenty-five or fifty feet wide, on either side of GM&O’s existing 100 feet right-of-way through the Citronelle...
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MEMORANDUM AND ORDER This Social Security disability case is now before the Court on the motion of the defendant for summary judgment. The scope of the Court’s review is limited to the question of whether the final decision of the Secretary of Health, Education and Welfare, adverse to claimant, is supported by substantial evidence as that term is now currently understood, 42 U.S.C. Section 405(g)....
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325 F. Supp. 223 (1971) Jack HEATH, Plaintiff, v. ASPEN SKIING CORPORATION, a Colorado corporation, Aspen Highlands Skiing Corporation, a Colorado corporation, D. R. C. Brown, Tom Richardson, and Whipple V. N. Jones, Defendants. Civ. A. No. C-2890. United States District Court, D. Colorado. March 30, 1971. *224 A. Bob Jordan, Oklahoma City, Okl., Carl R. Nutzhorn, Aspen, Colo., for plaintiff. Ire...
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MEMORANDUM OPINION AND ORDER This case is before this single-judge court pursuant to an order, 318 F.Supp. 1348, entered on October 22, 1970 by a three-judge court constituted by Kiley, Circuit Judge, and Perry and Napoli, District Judges. In said order the three-judge coui't withdrew its opinion, 312 F. Supp. 765, heretofore entered on May 11, 1970 and found the three-judge court bereft of jurisd...
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325 F. Supp. 375 (1971) Joseph Roosevelt GREMILLION v. Salvadore J. RINAUDO et al. Civ. A. No. 70-175. United States District Court, E. D. Louisiana, Baton Rouge Division. March 30, 1971. *376 Alfred E. Mitchell, Plaquemine, La., for petitioner. Leon A. Picou, Jr., St. Francisville, La., for defendant, Salvadore J. Rinaudo. Joseph W. Cole, Jr., Port Allen, La., for defendants, Pointe Coupee Paris...
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MEMORANDUM This action was brought to enforce two summonses issued by Howard W. George, a special agent of the Internal Revenue Service, in connection with his investigation of the income tax liabilities of the taxpayers John and Evelyn Erickson. The summonses were issued under 26 U. S.C. Section 7602 to Donald Cote, a certified public accountant, and Thomas Murphy, a lawyer. This Court has jur...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action by Abbott Redmont Thinlite Corp. (hereinafter “Abbott”) against its former president, Rudolph R. Redmont (hereinafter “Redmont”), and Redmont’s present company, Circle Redmont Corp. (hereinafter “Circle”), to recover profits earned by Circle on certain contracts which plaintiff contends were “business opportunities” of plaintiff, ...
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OPINION This case which was submitted on the issue of liability only, and was tried to the Court without a jury on March 8, 10, and 11, 1971, arises out of a fire which occurred in the late afternoon or early evening of May 9, 1968. The fire commenced in a storage and utility room on the premises occupied by a store of the defendants in the Westgate Shopping Center in Toledo. Smoke, heat, and wate...
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MEMORANDUM AND ORDER Plaintiff, an inmate at the State Correctional Institution at Pittsburgh, has filed a Civil Rights Action in this court under 28 U.S.C. § 1343(3), (4) and 42 U.S.C. § 1983 alleging that the Prothonotary of the Supreme Court of Pennsylvania, Western District, (defendant) wrongfully held his Petition for Writ of Mandamus for some 25 days before returning same to plaintiff. From ...
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ORDER This matter is before the court on the motion of the defendants to dismiss. The notice of motion lists four grounds which the defendants urge require the dismissal of the action. The grounds urged are: (1) Failure to state a claim upon which relief can be granted; (2) Failure to join an indispensable party whose presence if joined under Rule 19, Federal Rules of Civil Procedure would destro...
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OPINION and ORDER This action in negligence was tried before me with a jury at Charleston. At the conclusion of the testimony, the defendant moved for a direction of verdict on the grounds (1) that there was no evidence of negligence on the part of the defendant and (2) that, if there was any such evidence, the plaintiff was barred from recovery as a matter of law by his own contributory negligen...
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MEMORANDUM OF DECISION ON PETITION FOR A WRIT OF HABEAS CORPUS I. This case is before the court on an application by Brown for a writ of habeas corpus to secure his release from the Connecticut Correctional Institution. He is there serving a state sentence imposed after his conviction on September 29, 1961, in the Connecticut Superior Court on a charge of rape. He challenges his conviction on the...
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324 F. Supp. 1011 (1971) Robert L. REEVES v. MOTOR CONTRACT COMPANY OF GEORGIA and Joe B. Mundy. Civ. A. No. 14156. United States District Court, N. D. Georgia, Atlanta Division. March 29, 1971. *1012 David G. Crockett, Michael H. Terry, Atlanta, Ga., for plaintiff. Thomas A. Player, Jr., Atlanta, Ga., John R. McCannon, Hutcheson, Kilpatrick, Watson, Crumbley & Brown, Jonesboro, Ga., Arthur K...
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MEMORANDUM OPINION This action arises from a policy of automobile insurance issued by the plaintiff to Willie E. Craig. The insurer seeks a judgment declaring that it is not obligated to satisfy any judgment resulting from the death of Mattie L. Craig, the wife of the insured. The defendants include Willie E. Craig, the insured ; Lucinda Hensley, the administratrix of the estate of Mattie L. Cr...
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Plaintiffs Charles B. Johnson and Sylvia J. Johnson bring this action pursuant to 28 U.S.C. § 1346(a) to recover income tax and interest for the taxable year 1966 in the amount of $333.45. Plaintiff Sylvia J. Johnson is a party hereto solely by virtue of having filed, with her husband Charles B. Johnson, a joint federal income tax return for taxable year 1966. Any subsequent reference herein to “...
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324 F. Supp. 352 (1971) Clayton CASE v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY. Civ. A. No. 69-62. United States District Court, E. D. Louisiana, Baton Rouge Division. March 29, 1971. *353 R. C. Edwins, Donald G. Cave, Edwins, Cave & McKay, Baton Rouge, La., for plaintiff. Frank J. Polozola, Seale, Smith, Baine & Phelps, Baton Rouge, La., for defendant. WEST, Chief Judge: Plaintiff br...
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MEMORANDUM This is a petition for a writ of habeas corpus by a state prisoner, 28 U.S.C. § 2254. He was convicted of rape by a judge of the Superior Court of Massachusetts sitting without a jury. The judgment of conviction was affirmed by the Supreme Judicial Court, Commonwealth v. Ackerman, 1969 Mass.Adv.Sh. 1144. A motion for rehearing by that court was denied. He then brought this petition. The...
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The above case came to trial on a criminal indictment charging a violation of the Selective Service Act in that the defendant failed and refused to report for and submit to induction into the *1070Armed Forces of the United States. The defendant was indicted on September 23, 1970 on the basis of an induction order issued September 3, 1969 requiring that the defendant report for induction on Septem...
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MEMORANDUM On September 8, 1969, Terry Eugene Jones filed a voluntary petition in bankruptcy. Adjudication in bankruptcy occurred at that time by operation of law. The bankrupt was employed as a wage earner throughout the calendar year 1969. There was no significant variation in earnings during each pay period. Jones’ wife, who did not file bankruptcy, had no income and did not contribute withh...
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329 F.Supp. 728 (1971) Frederick V. LEFTHAND, an enrolled member of the Crow Tribe of Indians of Montana, Plaintiff, v. The CROW TRIBAL COUNCIL OF the CROW TRIBE OF INDIANS OF MONTANA et al., Defendants. Civ. No. 927. United States District Court, D. Montana, Billings Division. March 29, 1971. *729 Gerald J. Neely, Towe, Neely & Ball, Billings, Mont., for plaintiff. Keith L. Burrowes, Asst. U...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW This action arises from a tender offer which defendant International Controls Corp. (“ICC”) made in the fall of 1968 for the securities (common stock and debentures convertible into common stock) of Electronic Specialties Co. (“ELS”). Plaintiff Bache & Co. Incorporated (“Bache”) claims that it properly tendered ELS securities in response to...
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In this action the Securities and Exchange Commission (“the Commission”) seeks to plug up what some have treated as a loophole in the federal securities laws permitting a company, by “spinning-off” its subsidiary’s shares to the parent’s stockholders without registration, to convert the subsidiary into a public corporation whose unregistered shares would be actively traded on the market. The su...
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The defendant moves to strike a notice of dismissal filed in this court by plaintiff on July 28, 1970 and to vacate the order entered thereon. The motion is denied. Facts This patent infringement ease was instituted by Edward Emanuel Sheldon (Sheldon) on March 6,1969 in the United States District Court for the Northern District of Illinois, Eastern Division. Sheldon, a resident of New York, is t...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW Following a non-jury trial on liability, I previously found that plaintiff’s (Glen’s) licensing agreement with defendant (Perfect Fit) constituted a patent misuse because it required the payment of royalties on all toilet tank covers sold by Perfect Fit instead of those within the scope of the patent. 299 F.Supp. 278 (S.D.N.Y.1969). This finding wa...
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ORDER Three of the plaintiffs, Home Furniture Company, Denton Furniture Company and People’s Furniture, Inc., are tenants of buildings in the heart of Charlotte. Some of the buildings front on Trade Street and some on College Street. The property has been acquired by the Redevelopment Commission of the City of Charlotte, with the usual federal, regional and national direction, support and financia...
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MEMORANDUM AND ORDER Petitioner submitted to induction into the Army on December 30, 1970, and now asks that we grant a writ of habeas corpus and order his discharge from the armed forces. Petitioner raises two grounds in support of his petition, namely, (1) that his local draft board failed to state any reasons for denial of his conscientious objector claim and that such denial is without a basis...
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OPINION This is an action for an alleged breach of contract to pay certain premiums for a policy of workmen’s compensation insurance. Presently before the Court is plaintiff’s motion to remand the action to the Pennsylvania State Courts pursuant to 28 U.S.C. § 1447 (c). The mat *246 ter had previously been removed to this Court under 28 U.S.C. § 1441(c). At issue here is the ...
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DECISION In this case, a merchant seaman was injured while boarding a launch which was to return him to his ship following shore leave. As a result of stipulations by the parties and depositions submitted to the court, I make the following: FINDINGS OF FACT 1. The plaintiff, Bernard Novick, is a 53-year old American seaman. *11392. On July 27, 1967, plaintiff was employed as a wiper aboard defenda...
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325 F. Supp. 467 (1971) Catherine KOBER, Plaintiff, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant. Civ. A. No. 68-1306. United States District Court, W. D. Pennsylvania. March 29, 1971. *468 *469 Berger & Berger, Pittsburgh, Pa., for plaintiff. John G. Wayman, Pittsburgh, Pa., for defendant. Russell Specter, David W. Zugschwert, Office of General Counsel E. E. O. C., Washington, D. C., amic...
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MEMORANDUM AND ORDER This petition presents to the Court an appeal from an order of the Referee in Bankruptcy denying the petitioner reclamation. Universal Medical Services, hereinafter Bankrupt, on February 23, 1970, issued a purchase order to Marquette Electronics, Inc., hereinafter Electronics, for medical computer equipment costing $31,455.00. While the form was clearly a purchase order, a sal...
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325 F. Supp. 890 (1971) In the Matter of UNIVERSAL MEDICAL SERVICES, INC. Petition of LISKEY ALUMINUM, INC. No. 70-456. United States District Court, E. D. Pennsylvania. March 29, 1971. Albert Momjian, Philadelphia, Pa., with him on the brief, Leonard B. Rosenthal, and Abrahams & Loewenstein, Philadelphia, Pa., for petitioner. Marvin Krasny, with him Adelman & Lavine, Philadelphia, Pa., for Irvin...
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MEMORANDUM AND ORDER Defendant, United States of America, has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, claiming that plaintiff’s action based upon the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. is barred by the applicable statute of limitations, 28 U.S.C. § 2401(b). The motion is DENIED. Certain facts disclosed by the pleadings and af...
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MEMORANDUM AND ORDER I. — INTRODUCTION AND FACTS The complaint in this case was filed on October 7, 1968 and in it the plaintiff asserts two counts against the defendant which are first, that defendant’s refusal to make an offer to either purchase or lease plaintiff’s contrivance (known as a sugar cane diffuser) was wrongful, and second, that the defendant did not fulfill its contractual obligati...
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DECISION This is a patent infringement suit, with asserted right for injunctive relief against the defendant, his servants, employees and all others acting under or through him directly or indirectly, for damages shown to have been sustained, trebled to the extent that the alleged infringement may be shown to have been wilful, for costs, reasonable attorney fees and for such other and further rel...
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MEMORANDUM AND ORDER Plaintiff unsuccessfully attempted to have his name placed on the ballot as a candidate for city councilman in the Bay-town, Texas, City Council election, scheduled for April 6, 1971. It was stipulated that the only reason for the defendant City Clerk’s refusal to approve plaintiff’s candidacy was because of his admitted failure to meet the qualification of real property ow...
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MEMORANDUM OPINION This action is brought under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) for Judicial Review of a final decision of the Secretary of Health, Education, and Welfare, denying the claim of the plaintiff, Pauline Turley, on behalf of Shelva A. Adkins, a minor, for child’s benefits under section 202(d) of the Social Security Act, 42 U.S.C. § 402(d). The plaintiff ba...
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MEMORANDUM AND ORDER GRANTING PRELIMINARY INJUNCTION On March 17, 1971, National Helium Corporation filed the instant action against the defendants, Rogers C. B. Morton, Secretary of the Interior, and Elburt F. Osborn, Director of the Bureau of Mines, Department of the Interior. In its complaint National Helium Corporation seeks judicial review of certain actions of the defendants and declarato...
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OPINION Plaintiff’s motion for summary judgment in this action to recover short-swing profits under section 16(b) of the Securities Exchange Act of 1934 1 triggered a cross-motion by the defendants for summary judgment dismissing the complaint upon the merits or striking it as sham and false under Rule 11 of the Federal Rules of Civil Procedure. We first consider the defen...
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OPINION and JUDGMENT The present action before this court was instituted by the plaintiff on December 11, 1970 by filing a complaint in this court against the United States of America as represented by the named defendants, Fred J. Russell, acting Secretary of the Interior and R. Taylor Hoskins, the Superintendent of the Shenandoah National Park. The complaint alleges that the Government is in pos...
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OPINION AND JUDGMENT This action is brought pursuant to 42 U.S.C. § 405(g) to contest the defendant’s denial of social security disability benefits to the plaintiff. The claimant’s application for benefits was denied initially, again on reconsideration, then by the hearing examiner, and finally by the Appeals Council, whose denial of review became the final decision of the Secretary on July 21, 19...
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OPINION and JUDGMENT This action is brought 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. The decision rendered by the hearing examiner on May 26, 1970 denying the plaintiff his claimed disability insurance benefits, became the final decision of the Secretary when the Appeals Council denied the p...
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OPINION and JUDGMENT This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Theodore Couser, a state prisoner, pursuant to the provisions of 28 U.S.C. 2241. Petitioner is currently serving two sentences total-ling seventy years pursuant to judgments of the Hustings Court of the City of Roanoke imposed on January 24, 1968 and February 19, 1968 for t...
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OPINION AND JUDGMENT This action is brought under section 205(g) of the Social Séeurity Act, 42 U. S.C.A, § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The decision rendered by the hearing examiner on April 17, 1970 denying the plaintiff his claimed disability benefits, became the final decision of the Secretary when the Appeals Council denied the plaintif...
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DECREE This tax refund case has been submitted on a stipulation, depositions, and briefs for decision by the court without jury. The suit involves $126,964.54 in allegedly overpaid taxes, penalties, and interest, this being the amount assessed by the Commissioner against a $140,000 payment from the Bank of Graceville (Florida) to the now deceased taxpayer Travis Mixon, Jr. The taxpayer paid the as...
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OPINION Sitting by Designation. There is before the court the motion of defendant, International Paper Company, for declaratory and summary judgment filed November 9, 1970, supported by copies of conveyances, records, affidavits, certificates and other evidence, and brief in support thereof. The plaintiff filed no response but did submit brief on March 2, 1971, in opposition to defendant’s motion...
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ORDER ON PETITION FOR WRIT OF HABEAS CORPUS Petitioner is a California State prisoner incarcerated at the Sierra Conservation Center, Jamestown, California, following his sentence after a non-jury trial on April 9, 1964, to the term prescribed by law, 2 to 10 years, for violating Health & Safety Code, § 11500 (Possession of heroin). Petitioner did not appeal, for reasons to be discussed later, bu...
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ORDER DENYING MOTION TO VACATE SENTENCE Petitioner is in federal custody serving concurrent sentences imposed by this Court in Case Numbers 11‘1-CD and 228-CD. A brief chronology of these two cases is helpful to an understanding of the issue involved in this Petition to Vacate Sentence under 28 U.S.C. § 2255. CASE NUMBER 111-CD On December 8, 1966, Petitioner was indicted in the Central District o...
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ORDER AND MEMORANDUM OPINION The State of California has condemned lands for highway purposes, including 25.09 acres on the Fort Yuma Indian Reservation, located in Imperial County, California. The land was allotted in severalty to six named defendants and is held in trust by the defendant United States. The land is subject to assessment for water services from facilities of the Yuma Project, a f...
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ORDER ON PETITION FOR WRIT OF HABEAS CORPUS Petitioner is a California State prisoner incarcerated at the Sierra Conser*262vation Center, Jamestown, California, after being sentenced following a non-jury trial to the term prescribed by law, 6 months to 5 years, by the Superior Court of Los Angeles County, on January 7, 1963, for violating Section 23105 of the Vehicle Code (Driving while under the ...
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MEMORANDUM OPINION This is an appeal under 29 D.C.Code § 948(a) taken from the refusal of the Superintendent of Corporations to accept plaintiff’s application to change its corporate name, on the grounds that the names “Eaton Corporation” and “Eaton Associates, Inc.” are deceptively similar. The Superintendent reached his determination by what he calls an exercise of administrative judgment. No st...
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ORDER This is a libel action against a magazine publisher and the writer of an article appearing therein. The plaintiff is a Negro physician residing and practicing in Atlanta. The defendant corporation is the owner and publisher of the magazine, “Atlantic Monthly.” The defendant, C. Michael Curtis is an Associate Editor of the magazine and was the author of the article by which the plaintiff clai...
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324 F. Supp. 745 (1971) JOHNSON SERVICE COMPANY, a Wisconsin corporation, Plaintiff, v. H. S. KAISER COMPANY, an Illinois corporation, Insurance Company of North America, and Wacholz Heating Co., an Illinois corporation, Defendants. 70 C 2853. United States District Court, N. D. Illinois, E. D. March 26, 1971. *746 Nathan Grossgold, Ashcraft & Ashcraft, Chicago, Ill., for plaintiff. Russell, ...
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ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT THE SENTENCE Petitioner is in federal custody pursuant to his conviction by a jury before the Honorable Bruce R. Thompson, Judge. The relevant facts are as follows; Petitioner was convicted on the 20th day of February, 1969, of conspiracy to evade or defeat the federal excise tax imposed upon wagers (18 U.S.C. § 371; 26 U.S.C. § 4401 et seq.) a...
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OPINION This matter comes before the Court on application of the Trustee for a fourth ad interim allowance. Brief reference to the factual background of this Chapter X proceeding is appropriate. Initially a joint petition under Chapter XI of the Bankruptcy Act was filed by the Debtors on June 3, 1965. A Plan of Arrangement was submitted to the Referee in Bankruptcy on December 15, 1965. Thereupon...
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ORDER Defendants have moved for summary judgment, contending that certain releases made by the plaintiffs on May 26, 1970, to various co-defendants were general in nature and, because no express reservation of rights against other defendants were made in those releases, that all alleged joint tortfeasors are discharged from liability. In a recent case (like this, an antitrust suit), the United St...
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OPINION AND ORDER This matter is before the Court on the United States of America’s Petition for Review and the trustee’s Cross-Petition for Review of the Referee’s order of November 20, 1969. The bankrupt, Certified Credit Corporation (Credit) merged with Certified Mortgage Corporation (Mortgage) on December 31, 1959. The claim at issue on this appeal arises out of an assessment made by the Inter...
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CORRECTED ORDER The Plaintiffs have moved for the Court to review the action of the Court Clerk in refusing to tax the costs of the above-styled consolidated cases and alternatively have moved to extend their time to file a bill of costs. The Court finds and concludes that the action of the Court Clerk in refusing to tax the costs was proper and that the time to file the bill of costs may not be ...
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OPINION AND ORDER Presently before the Court is defendant’s motion for judgment of acquittal or in the alternative for a new trial. Defendant was indicted under 18 U.S.C. § 2113(a) (b) and (d) for robbery of the Dublin branch of the Bucks County Bank & Trust Company on April 18, 1967. A major element of the Government’s case was the fact that defendant was in possession of “bait money”, eighteen ...
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324 F.Supp. 972 (1971) UNITED STATES of America, to the Use of Louis J. VIGLIONE and Anthony Viglione, trading as Viglione Gradall Rental, Plaintiff, v. KLEFSTAD ENGINEERING COMPANY, Inc. and Blackhawk Heating & Plumbing Company, Inc. and Aetna Insurance Company, Defendants. Civ. A. No. 68-277. United States District Court, W. D. Pennsylvania. March 26, 1971. *973 Robert L. Campbell, Plowman ...
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MEMORANDUM AND ORDER Third-party defendant, Frederic Teplitzky, has moved for a Protective Order restraining and preventing plaintiffs and defendants from deposing Josephine Teplitzky, wife of Frederic Teplitzky. The motion is denied. Plaintiffs, Hyman and Esther Teplitzky, operated a hotel and kosher dining room in Atlantic City, New Jersey. On February 2, 1966 a fire destroyed a portion of the b...
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OPINION This is an action brought pursuant to Sections 7401, 7402 and 7403 of the Internal Revenue Code and Sections 1340 and 1345 of Title 28 of the United States Code, on request of the Commissioner of Internal Revenue and under the direction of the Attorney General of the United States, filed February 10, 1964 to foreclose liens for income tax, interest and penalties assessed against d...
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*1397JUDGMENT ORDER Plaintiff having moved for summary judgment on the basis of this Court’s judgment in Arthur J. Schmitt Foundation and Morris Bean & Co. v. Stockham Valves and Fittings, Inc., D.C., 292 F.Supp. 893, (1) that Claims 1, 2, 3, 5, 6, 8, 9, 10, 11 and 16 of U. S. Patent No. 2,991,267 and Claim 1 of U. S. Patent No. 2,914,823 are valid and have been infringed by Stockham Valves and F...
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325 F. Supp. 1253 (1971) Roland Wayne WRIGHT, Petitioner, v. Walter E. CRAVEN, Warden, Respondent. No. 50677. United States District Court, N. D. California. March 25, 1971. *1254 Charles G. Miller, San Francisco, Cal., for petitioner. Thomas C. Lynch, Atty. Gen. of State of Cal., San Francisco, Cal., Don Jacobson, Deputy Atty. Gen., for respondent. ORDER GRANTING WRIT OF HABEAS CORPUS WOLLENBER...
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324 F. Supp. 844 (1971) Clyde L. MOODY, Plaintiff, v. SEARS, ROEBUCK & COMPANY, Defendant. Civ. A. No. 965. United States District Court, S. D. Georgia, Brunswick Division. March 25, 1971. Anthony A. Alaimo, Alaimo & Taylor, Brunswick, Ga., for plaintiff. Walter C. Hartridge, II, Bouhan, Williams & Levy, Savannah, Ga., for defendant. ORDER DENYING SUMMARY JUDGMENT LAWRENCE, Chief Jud...
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In these consolidated condemnation cases, the owners of 134 tracts, embracing over 300 lots in Section A of Ocean Beach, on Assateague Island (Assateague), have joined with the Government in submitting to the court without a jury the determination of just compensation for those tracts. Assateague is 35 miles long and ranges between one-third of a mile and two miles in width, with 22 shoreline mile...
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MEMORANDUM AND ORDER OF SUBSTITUTION, OF DISMISSAL AS TO UNITED STATES, AND OF REMAND This action was removed from the state court by the United States, it being the Government’s position that defendant Lutzeier was a government employee acting within the scope of his employment at the time of the auto accident involved herein. The Government, therefore, moved for substitution in the place of Lutz...
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ORDER AND MEMORANDUM DISMISSING PLAINTIFFS’ COMPLAINT AND ORDERING JUDGMENT FOR DEFENDANT The above case was presented for decision to the court, with jury waived, on stipulated facts and briefs in lieu of a trial. Benjamin Vander Kooi of Luverne, Minnesota appeared for plaintiff; Johnnie M. Walters, Assistant Attorney General, Donald R. Anderson and Risdon C. Ackerman, attorneys from the Departme...
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MEMORANDUM OPINION This is a suit to collect $27,620.78 principal and $5,524.16 interest as the balance allegedly due and payable under a contract for the sale of an interest in a prize Aberdeen Angus bull. The suit is brought by Allan R. Ryan and Lee Leachman, citizens of New York, as partners in Ankony Farm (Ankony), against Coy Glenn, an Alabama citizen. Before answer, defendant moved to dismi...
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MEMORANDUM OPINION This matter is before the court on what is styled “Motion to Vacate Sentence” of a seven-year imprisonment imposed upon petitioner by the court on June 16, 1967, in Cause No. 67Cr 78(1), *66pursuant to the provisions of 28 U.S.C.A. § 2255, but by his amended petition what the petitioner is really seeking is an appeal of his original conviction. The record in United States v. Erv...
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MEMORANDUM OPINION The plaintiffs, all mail handlers of the St. Louis Post Office Department of the United States, instituted this action against defendants, Robert E. Hampton, James Johnson, L. J. Andolsek, members of the United States Civil Service Commission, and Winton M. Blount, the Postmaster General of the United States. The complaint alleges that the mail handlers have been denied the opp...
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OPINION AND ORDER These actions arise from an alleged multi-million dollar fraud on the United States perpetrated by Andrew L. Stone and Francis N. Rosenbaum through their controlled corporations, Chromcraft Corp. and its successor, Alsco, Inc., prime contractors in the production of rocket launchers. From approximately 1963 to 1965, these corporations allegedly represented to the Government that ...
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OPINION In response to a notice of levy served by the government on February 27, 1969, the Continental Oil Co. (hereinafter “Continental”) instituted this inter-pleader action, pursuant to 28 U.S.C. § 1335, in March, 1969, depositing in the Registry of the Court at that time and thereafter such sums as accrue to the interest of Mr. Edgar Fain.1 The United States and the Bank of Bermuda, Ltd. (the...
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This is a motion by plaintiffs for the convening of a three-judge district court (28 U.S.C. §§ 2281, 2282 and 2284) and for a preliminary injunction restraining defendants from prosecuting plaintiffs under N.Y. General Business Law, McKinney’s Consol.Laws, c. 20, § 136(d) or 18 U.S.C. § 700 or otherwise enforcing those statutes. The cited statutes (in short) make it an offense to defile or otherwi...
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This court determined on December 8, 1970 that a hearing would be necessary before the motions to suppress evidence made pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure by defendants Adler and Sehacht1 could be decided. The hearing was held on February 4, 1971 at which time it was stipulated that defendants Sehacht and Adler were arrested without a warrant on June 10, 1969 in apa...
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OPINION Plaintiffs, presenting themselves as “stockholders,” bring this as a derivative action on behalf of the nominal defendant Technical Tape, Inc. They recount as bases for the suit events beginning in April and extending into August of 1969. The corporation, far from appreciating these efforts ostensibly for its benefit, moves to dismiss the complaint, citing Fed.R.Civ.P. 23.1 and asserting ...
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The parties to two consolidated actions brought by stockholders on behalf of Detroit Steel Corporation derivatively and of i class of certain of its stockholders representatively, have submitted a proposed settlement embracing all claims and issues arising from the pleadings herein. On February 27, 1971, following an evidentiary hearing, it appeared to the Court that a sufficient showing of fairne...
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OPINION The motions in this case now before the court provide a study in the complications often attendant upon private antitrust litigation. Indeed, it is not an easy matter to determine exactly what the present posture of this case is. The following is a recitation of the relevant , facts, as compiled by this court from examination of the depositions and affidavits, and as abstract...
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OPINION On June 21, 1967, at a preliminary hearing before a magistrate, relator was held for the Grand Jury on charges arising out of an incident which occurred on June 3, 1967. On July 5, 1967, at another preliminary hearing, relator was held for the Grand Jury on charges arising out of an incident which occurred on May 27, 1967. The 1967 July session of the Grand Jury presented Bills of Indictme...
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OPINION AND ORDER On November 26, 1969, the plaintiff Hugney brought this action under the general maritime laws for maintenance and cure, and under the Jones Act (46 U.S.C. § 688) for aggravation and prolongation of his injuries and disabilities arising out of an accident which occurred on June 18, 1966, on which date the plaintiff was a seaman in the employ of the defendant, Consolidation Coa...
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325 F. Supp. 397 (1971) Frank OWENS et al., v. DRYWALL AND ACOUSTICAL SUPPLY CORP., et al. and the Greenway Bank & Trust, et al. Civ. A. No. 69-H-165. United States District Court, S. D. Texas, Houston Division. March 25, 1971. Robert W. Hagen, Houston, Tex., for the plaintiffs. Frank C. Herzog, Houston, Tex., for Drywall and Acoustical Supply Corp. and Wallace Mayad. John H. Eikenburg, Houst...
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324 F. Supp. 895 (1971) CONFEDERACION de la RAZA UNIDA, an unincorporated association, et al., Plaintiffs, v. CITY OF MORGAN HILL, a municipal corporation, et al., Defendants. No. C-70 2495. United States District Court, N. D. California. March 24, 1971. *896 Stephen Manley, Grace Kubota, Joel G. Schwartz, Edward Newman, San Jose, Cal., for plaintiffs. Ernest Rusconi, Rusconi & Foster, Morgan...
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MEMORANDUM AND ORDER GRANTING MOTION TO REMAND Plaintiff’s motion to remand this case to the Superior Court of the State of California in and for the County of Orange came on for hearing on March 22, 1971. Counsel for all parties appeared and argued the motion, and it was ordered submitted. In his complaint filed in the Superior Court and thereafter removed to this court, plaintiff alleged four c...
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325 F. Supp. 1341 (1971) Serafin CARMONA and Manuel Venegas et al., Plaintiffs, v. Gilbert L. SHEFFIELD, Director of the California Department of Human Resources Development, et al., Defendants. No. C-70 2375. United States District Court, N. D. California. March 24, 1971. *1342 Edward Newman, Stephen Manley, Grace Kubota, Gary Schwartz, San Jose, Cal., for plaintiffs. Thomas C. Lynch, Atty. Gen....
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ORDER This declaratory judgment action is now almost two years old. Its history is one of almost continuous application by counsel to this court for resolution of the innumerable disputes which have arisen in the course of preparation of the case for trial. The present difficulty before the court is Broadview’s dissatisfaction with the pace at which Loctite is evaluating Broadview’s anaerobic seal...
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324 F. Supp. 1284 (1971) Mrs. Laverne H. GRIFFIN, Plaintiff, v. AIR SOUTH, INC. and Beech Aircraft Corporation, Defendants. Mrs. Iness ROBERTS, Plaintiff, v. AIR SOUTH, INC. and Beech Aircraft Corporation, Defendants. Mrs. Louise B. GIBSON, Plaintiff, v. AIR SOUTH, INC. and Beech Aircraft Corporation, Defendants. Mrs. Charlotte I. FULLER, Plaintiff, v. AIR SOUTH, INC. and Beech Aircraft Corporati...
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MEMORANDUM AND ORDER I. This case pends on defendant’s motion to suppress evidence derived from handwriting exemplars taken from the defendant on July 10, 1969, while he was in State custody and before any warning of any sort was given him by any law enforcement officer. Defendant alleges that the hand-writing samples in question were obtained and seized in a manner inconsistent with and in violat...
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OPINION This is a class action instituted by Frank E. Berman, Rose R. Berman, and Muriel Winston on behalf of themselves and all horse owners similarly situated against the New Hampshire Jockey Club, Inc. (owner of Rockingham Park, Salem, New Hampshire), Narragansett Racing Association, Inc. (owner of Narragansett Park, Pawtucket, Rhode Island), and the Burrillville Racing Association (owner of Li...
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OPINION The question before the Court is whether this ease should be remanded to the Court of Common Pleas of York County, Pennsylvania. In my view, the case should be so remanded. In 1967 the defendant, Coastal Industries, Inc., [hereafter referred to as Coastal] and the assignors of the plaintiffs entered into a sales agreement whereby Coastal acquired 1,412 shares of the common stock of Coastal...
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MEMORANDUM OPINION AND ORDER These are diversity actions for personal injuries and property damage, 28 U.S. C. § 1332(a) (1), involving common questions of law and fact which were consolidated for purposes of trial, Rule 42(a), Federal Rules of Civil Procedure. Each of the plaintiffs was awarded judgment against the defendants for $18,000 in compensatory, and $5,000 in punitive, damages. The defe...
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325 F. Supp. 511 (1971) Richard M. DAWSON v. J. G. MIZELL. Civ. A. No. 528-70-R. United States District Court, E. D. Virginia, Richmond Division. March 24, 1971. *512 Angus H. Macauley, Patrick M. McSweeny, Richmond, Va., for plaintiff. Rodney G. Sager, Asst. U. S. Atty., Richmond, Va., for defendant. MEMORANDUM MERHIGE, District Judge. Jurisdiction of the Court is attained by virtue of Title 28...
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MEMORANDUM AND ORDER DENYING MOTIONS TO CONVENE A THREE-JUDGE COURT AND TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT Petitioner alleges he is in a California penal institution pursuant to a conviction rendered against him in the Superi- or Court of Los Angeles County, Case No. A-160636. In this Petition for Injunctive Relief, he challenges article 1, section 8 of the Constitution of the ...
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ORDER DENYING MOTION TO VACATE AND SET ASIDE SENTENCE PURSUANT TO 28 U.S.C. § 2255 Petitioner, Samuel Weinstein, is a prisoner at the United States Penitentiary at McNeil Island following a conviction in 1966 in the United States District Court, New Mexico District, of conspiracy to violate the marijuana laws, 21 U.S.C. § 176a and 26 U.S.C. § 7237 (b). On May 23, 1955, Petitioner was sentenced in ...
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325 F. Supp. 1071 (1971) Ramon VICIOSO and Camilo S. Jorge, Plaintiffs, v. L. A. WATSON, individually and doing business as Watson Oil Company, Defendants. No. 69-732. United States District Court, C. D. California. March 23, 1971. *1072 *1073 Horvitz & Minikes, Los Angeles, Cal., J. D. White, Wichita, Kan., for plaintiff. Pacht, Ross, Warne, Bernhard, Sears & Nutter, Los Angeles, Cal., f...
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MEMORANDUM OPINION This matter came on for hearing on cross motions for summary judgment. It has been thoroughly briefed, extensive exhibits were filed, and counsel have been heard in open Court. The Court agrees that there is no issue of material fact and concludes that plaintiffs are entitled to summary judgment as a matter of law. This suit raises the issue of whether the members of the Russia...
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MEMORANDUM OPINION Once again this Court is asked to step into a state procedural process to protect asserted federal constitutional claims. This incursion is made with reluctance but under the teaching of Zwickler1 and its progeny it is clearly indicated. Plaintiff, an elected member of the Dade County (Florida) Board of County *496Commissioners, seeks injunctive relief against a recall proceedin...
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JUDGMENT ENTRY The action was brought in this three-judge District Court to annul, vacate, and set aside a report and order of the Interstate Commerce Commission. The order converted a certain contract-carrier by motor carrier permit to that of a common-carrier by motor vehicle certificate for the applicant and intervening defendant, Ferree Moving and Storage, Inc. The Commission proceeding entitl...
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The petitioner is presently confined in the Louisiana State Penitentiary, where he is serving a 50-year sentence for armed robbery. On June 27, 1967, petitioner pled guilty to the charge of armed robbery in Criminal Action No. 198-983, before Judge Frank Shea of the Orleans Parish Criminal Court, and was sentenced to a term of 25 years. On August 28, 1967, petitioner pled guilty to a charge of arm...
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This case comes before the court on motion and cross-motion for summary judgment. After a hearing on the motions and the submission of supplementary memoranda by both parties, this court finds that there is no genuine dispute between the parties as to any material fact, and that the plaintiff, Head Ski Company, Incorporated (Head Ski) is entitled to judgment against the United States as a matter o...
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324 F.Supp. 1404 (1971) Thomas J. FLEMING v. The TRAVELERS INDEMNITY COMPANY. Civ. A. No. 70-1356. United States District Court, D. Massachusetts. March 23, 1971. *1405 Gerald B. Gallagher, Malden, Mass., and James R. Skahan, Jr., Cambridge, Mass., for plaintiff. George C. Caner, Ropes & Gray, Boston, Mass., for defendant. OPINION FRANCIS J. W. FORD, District Judge. This is an action for tre...
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MEMORANDUM This case is here on remand from the Court of Appeals, United States v. Michael Schiavone & Sons, Inc., 430 F.2d 231 (1st Cir. 1970), for reassessment of the illegal rebate received by defendant from the Boston & Maine Railroad (Railroad) in violation of the Elkins Act, 49 U.S.C. § 41(3), when it purchased certain property from the Railroad for less than the fair market value. United S...
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RULING ON MOTION FOR SUMMARY JUDGMENT On December 18, 1968, the Small Business Administration made a loan to defendants, Vernon Love, Jr., and La-Verne Love, to enable them to purchase a tractor-trailer. The Loves executed a note in the amount of Nine Thousand ($9,000.00) Dollars, and as collateral the Small Business Administration took a security interest in the tractor-trailer, which was duly r...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of defendant for a judgment of acquittal notwithstanding the Verdict or for a new trial. [Filing #70]. Oral arguments have been heard and the matter has been thoroughly briefed by the respective counsel. On June 9, 1970, a three count indictment was returned against the defendant which charged that the defendant, Richard D. Whit...
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The defendant moves under Rule 48(b) of the Federal Rules of Criminal Procedure to dismiss the indictment because of pre- as well as post-indictment delay extending over a period of almost twelve years. The indictment contains two counts, each charging the sale of heroin from an unstamped original package, on October 14 and on November 5, 1959. The defendant was arrested on January 26, 1960, and s...
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*800 MEMORANDUM This litigation presents serious questions concerning the right of soldiers to free speech and the authority of this Court to protect that right. In the belief that the Army’s ability to function effectively would be strengthened, a soldier was transferred and regulations were more strictly enforced because some members of an Army unit circulated and signed petiti...
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Petitioner, a 24-year old native and citizen of Cuba, was lawfully admitted into the United States as a permanent resident on December 3, 1960. On May 6, 1969, he filed his Petition for Naturalization pursuant to 8 U.S.C. § 1427. The Immigration and Naturalization Service (“the Service”) opposes his petition on the ground that since he has been a homosexual he has not sustained his burden of es...
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MEMORANDUM This is another item in this court’s steady stream of business involving alleged infringements of copyrights on textile designs. Plaintiffs’ Copyright No. H 38335 issued on April 11, 1969. The accused design by defendant is also copyrighted, being No. H 42599 granted September 25, 1970. As the issues have come to a focus, there is no need to strive for intensely vivid description of the...
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MEMORANDUM and ORDER Plaintiffs Raymond Lee Rupp and his wife Linda Lee Rupp sue for damages for the amputation of Raymond’s left hand while working on July 16, 1966, at a plant of Chase Brass Copper Company in Western Ohio. The accident is claimed to have happened while he was operating a non-ferrous, metal extruding, cutting and polishing machine. Plaintiffs claim that it was allegedly negligen...
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ORDER This controversy involves funds withheld by Plaintiff from its prime contractor as a- result of conflicting claims made thereon by the prime contractor, Aztec Construction Company (Aztec), and a supplier of materials, Merco Manufacturing, Inc. (Merco), used by Aztec in the performance of its contract with Plaintiff. Merco supplied the materials, consisting principally of structural steel, t...
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324 F. Supp. 1029 (1971) In the Matter of Richard Dudley MITCHELL and Ruby Della Donelson, d/b/a Marby's Style Shop, a Partnership, Bankrupts, v. SHEPHERD MALL STATE BANK, Small Business Administration, Respondents. No. BK-69-1350. United States District Court, W. D. Oklahoma, Bankruptcy Division. March 23, 1971. *1030 Luttrell, Pendarvis & Rawlinson, Benedum & Benedum, Norman, Okl., for ...
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MEMORANDUM AND ORDER Defendant has requested this Court, pursuant to 28 U.S.C. § 1404(a) to transfer this action to the United States District Court for the Eastern District of South Carolina. For reasons set forth within the opinion, we grant the motion. The relevant section of the Code provides that: “For the convenience of parties and witnesses, in the interest of justice, a district court may...
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Motion for summary judgment by defendant Brotherhood of Locomotive Engineers1 invites decision by this court. Other defendants presented no such motion, but were represented by counsel (without argument) when the motion was heard. A previous motion, by all defendants, to dismiss for want of jurisdiction was previously denied by order of this court. This action finds origination in discontent with ...
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*109ORDER This matter is before the court on the motion of the plaintiff for the entry of judgment by default pursuant to Rule 55 of the Federal Rules of Civil Procedure and the motion of the defendant for enlargement of time within which it may answer the complaint. The complaint in this action was filed April 30, 1969, at which time plaintiff was represented by other counsel. The time to answer ...
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ORDER This cause is before this Court upon petitioner’s application for writ of habeas corpus and for leave to proceed in forma pauperis. Leave to proceed in forma pauperis will be granted. Petitioner asserts as his basis for relief that he was unaware of his right to appeal and right to appointment of counsel on appeal and that the State Court failed to advise him of these rights. The proceedings...
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ORDER In a petition for naturalization filed by Wiebke Klarita Helene Thomsen, the Court is confronted with the issue of whether petitioner’s refusal to take an oath obligating her “to bear arms on behalf of the United States” precludes her from satisfying the oath requirements of Section 337(a) of the Immigration and Nationality Act, the taking of which oath is requisite to citizenship by natura...
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OPINION This case involves an action by a public high school teacher against the City of Lawrence, the members of its school committee, the superintendent of its schools, and the principal of its high school. Plaintiff claims that in discharging him for his classroom conduct in connection with a taboo word the school committee deprived him of his rights under the First and Fourteenth Amendments...
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OPINION The trustees of the debtor corporation petition for authorization to apply to the Interstate Commerce Commission for leave to abandon two lines of railroad located in New Hampshire. The first of these lines is one of approximately 71.8 miles between Concord and Lincoln. The expense to the debtor for maintenance of way and structures *1395on this line was approximately $98,000.-00 in 1969, ...
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MEMORANDUM OPINION AND ORDER ON MOTION FOR PRELIMINARY RULING ON ADMISSIBILITY This Clayton Act Plaintiff moves for a pretrial order permitting the introduction into evidence at trial admissions made by the defendant corporations at the time and in conjunction with the entry of their pleas of nolo contendere before a U. S. District Judge in the criminal anti-trust action. Although the facts are u...
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325 F. Supp. 337 (1971) Annie Mae DUNN, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education, and Welfare, Defendant. Civ. A. No. 18552-3. United States District Court, W. D. Missouri, W. D. March 22, 1971. *338 Albert Copaken, and Sylvia Copaken, Copaken & Copaken, Kansas City, Mo., for plaintiff. Anthony P. Nugent, Jr., Asst. U. S. Atty., Kansas City, Mo., for defendant. ORD...
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ORDER REMANDING CAUSE TO CIRCUIT COURT OF JACKSON COUNTY This is an action originally filed in the Circuit Court of Jackson County against defendant American Mutual Liability Insurance Company (“American” hereinafter) and Florence Roberts. The petition (state counterpart of a federal court complaint) r is in four counts. In Count I, it is alleged that the defendant through its Superintend...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of the offense of forcible rape. Petitioner also requests leave to proceed in forma pauperis...
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JUDGMENT DENYING ■ PETITION FOR HABEAS CORPUS Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state convictions of robbery in the first degree. Petitioner also requests leave to proceed in forma pauperis. Leave to proceed in 'forma pauperis has been previously granted. Petitioner pleaded g...
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This is a motion (heard on February 16, 1971) by Lincoln Roy Buckley and by Everlast Saw and Carbide Tools, Inc. (Everlast) for a preliminary injunction to stay the defendant Thomas Gibney, Deputy District Director of the Immigration and Naturalization Service (Service), from enforcing a warrant of deportation issued against Buckley on January 18, 1971. In response, an Assistant United States A...
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The defendants have moved for a dismissal of the complaint pursuant to Fed. R.Civ.P. 12(b) (6) 1 on the ground that the first and second counts set forth in the complaint fail to state a claim upon which relief can be granted. The two counts in the complaint respectively charge that the defendants constitute a group in violation of Sections 13(d) and 10(b) of the Securities and ...
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These are consolidated petitions by American Broadcasting Companies, Inc. (American) seeking court approval, pursuant to Section 111 A 6(b) of the Paramount Consent Judgment, of its proposed acquisition of four motion picture theatres in Sacramento, California: a dual auditorium theatre in the Country Club Shopping Center, and a second dual auditorium theatre in the Florin Shopping Center. It i...
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MEMORANDUM This matter is before me on the petition of the United States and Special Agent Hopper of the Internal Revenue Service (“the Service”) for enforcement of an internal revenue summons. It appears that during the investigation of the income tax liability of one John S. LaRocea, the Service found it necessary to examine the records of the North Star Cement Block Company, Inc. (“North Star”)...
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The plaintiffs, three1 local unions affiliated with the International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America, instituted the present action against the Teamsters Health and Welfare Fund of Philadelphia and Vicinity (hereinafter referred to as “the Fund”), and the six Trustees and the Administrator of the Fund, seeking a declaration that the plaintiffs are entitl...
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MEMORANDUM AND ORDER This suit was originally filed by Union Construction Company, Inc., against Dillingham Corporation (successor to Dillingham Construction Corporation), Mobile Pipe Constructors, Inc., and Black Lake Pipeline Company, under Cause No. 100,453-B in the District Court of Nueces County, 117th Judicial *503 District of Texas. Defendant Black Lake Pipeline Compan...
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MEMORANDUM The plaintiff, Alma M. MeCalip, seeks judicial review1 of the final decision of *1209the Secretary of Health, Education and Welfare which holds that she is not eligible to receive child’s insurance benefits as provided in the Social Security Act of 1935, as amended.2 The matter has been submitted to this court on cross-motions for summary judgment pursuant to Rule 56(a) of the Federal R...
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ORDER By order dated January 8, 1971, this court stayed further proceedings in the above styled ease until the United States Supreme Court had opportunity to consider several cases thought to pertain to issues herein relevant. Two of the awaited decisions, Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971) and Dyson v. Stein, 401 U.S. 200, 91 S.Ct. 769, 27 L.Ed.2d 781 (1971), ...
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OPINION Plaintiff, Nationwide Amusements, Inc., a Louisiana corporation, brings this *97action against the named city officials of Bossier City, Louisiana, claiming a deprivation under color of law of rights, privileges, and immunities secured it by the First and Fourteenth Amendments to the United States Constitution. Jurisdiction is asserted under 28 U.S. C. § 1343, alleging violation of substan...
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MEMORANDUM DECISION The plaintiff seeks recovery of Federal income taxes in the amount of $17,-230.36 which were allegedly erroneously assessed and collected by the United States of America for the taxable year ending December 31,1962. As of January 1, 1962, the plaintiff corporation had 4,800 shares of $100 par value stock outstanding. L. George Truesdell, Jr., and Arthur W. Quiggle were the sole...
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This is a class action which attacks the jury system in Mississippi, and the administration of such jury laws in Sharkey County, Mississippi. It is complained first that § 1762 Mississippi Code 1942 which expressly provides that only male citizens will be eligible to serve on juries in the state courts is unconstitutional; that Chapter 338 Mississippi Laws 1968 providing for the preparation of a j...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a federal convict confined in the United States Medical Center for Federal Prisoners, has submitted a “petition for writ of mandamus pursuant to Title 28 U.S.C.A. 1361 Sixth and Fourteenth Amendment United States Constitution,” specifically placing venue of ...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING ACTION WITHOUT PREJUDICE In his prior petition in this Court for federal habeas corpus, Blegen v. Commanding Officer, Fort Leonard Wood, Missouri (W.D.Mo.) Civil Action No. 17872-3, petitioner claimed that his induction into the United States Army was illegal because, among other things, he was inducted into the U...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, a federal convict confined in the United States Medical Center for Federal Prisoners, has submitted in this *921Court a “Motion for relief from Detention in Violation of Constitutional Rights and the Federal Statutes,” which is not on forms supplied by this Court under Local Rul...
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AMENDED MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT FOR PLAINTIFF This is a suit for refund of federal income taxes for the calendar year 1957. Plaintiff is the widow of Dr. Peter T. Bohan, who died October 7, 1955. Plaintiff was the executrix and sole residuary legatee and devisee under the will of the decedent. The will of the decedent was admitted to probate in the Probate Co...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state conviction of stealing over $50. Petitioner also requests leave to proceed in forma pauperis. Leave to pro...
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Petitioner, a state prisoner confined to Attica Correctional Facility, applies to this court for the issuance of a writ of habeas corpus. By order, the transcript of petitioner’s plea, sentence, and the record of prior petitions made to the state court were submitted. After examination of these materials, the court assigned Charles F. Crimi to represent the petitioner and held a hearing. After the...
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OPINION AND ORDER Plaintiff has moved to compel answers to interrogatories pursuant to Rule 37 of the Federal Rules of Civil Procedure. In plaintiff’s cause of action he alleges that defendants manufactured and sold decorative wooden spindles or turnings identical to those manufactured and sold by plaintiff. The complaint further alleges that defendants’ product has been commingled with plaintiff...
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OPINION The privilege of free expression has always been cherished by Americans and it is some measure of the priorities which they have assigned to their various liberties that among the rights chosen for inclusion in the very First Amendment of the Constitution and articulated among the earliest clauses of the Bill of Rights are those of freedom of speech and assembly. We have chosen to follow ...
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MEMORANDUM OPINION AND ORDER Petitioner moves this Court to grant a Writ of Error Coram Nobis and ultimately to dismiss his consecutive sentence. Considering the petition and the government’s response thereto, the Court is treating said petition as a Motion for Correction of Sentence under Rule 35, F.R.Crim.P.1 Petitioner, James C. Hawkins, was tried in the United States District Court for the Eas...
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Isaiah Pompey, an employee of the plaintiff, Gulf Stevedore Corporation, died of a heart attack on May 5, 1967. His widow filed a claim under the Longshoremen’s and Harbor Workers’ Act *1101(33 U.S.C.A. § 901 et seq.) on August 5, 1968. A hearing was subsequently held by the Deputy Commissioner, R. J. Shea, on June 2, 1970. Mr. Shea found that Pompey suffered his heart attack while aboard the vess...
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MEMORANDUM OPINION On October 27, 1969, pursuant to pretrial orders previously entered by this Court, trial began in the 24 above numbered civil actions filed by six different dealer plaintiffs 1 seeking to recover damages for alleged violations by four named defendants of the state and federal antitrust laws. By stipulation of the parties, filed November 27, 1968, jury trial w...
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ORDER DISMISSING COUNT SIX OF AMENDED COMPLAINT WITHOUT PREJUDICE This matter having come on before the Court for hearing on March 8, 1971, upon defendant’s Motion to Dismiss, to Stay and to Transfer Count Six of Amended Complaint,1 upon defendant’s Points and Authorities in support thereof, and Plaintiffs’ Authorities in Opposition thereto, and the Court having taken the said Motions under submi...
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MEMORANDUM OPINION This action, arising under the Railway Labor Act,1 (hereafter the RLA or the Act), and brought by the United Transportation Union, (hereafter the UTU or the Union) against the major rail carriers of the nation, presents to the Court another chapter of a longstanding dispute dealing with the requirements for manning freight and yard diesel locomotives with firemen. The Union see...
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ORDER OF COURT Petitioner Huguley was convicted of indecent exposure, in violation of Ga. Code Ann. § 26-6101, in the Criminal Court of DeKalb County, on July 22, 1968. He appealed his conviction to the Georgia Supreme Court, which upheld the constitutionality of the statute and transferred his case to the Court of Appeals. Huguley v. State, 225 Ga. 191, 167 S.E.2d 152 (1969). Relief was denied in...
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DECISION In this case, action was filed on March 10, 1969 by: (a) William S. Ellis, Jr., (hereinafter Ellis), Masaru Sumida (hereinafter Sumida), Stanley Unten (hereinafter Unten), and Charley T. Shiraishi, (hereinafter Shiraishi) as alleged general partners, and Florence A. Ellis (hereinafter Mrs. Ellis), as alleged former general partner, in the Hawaii limited partnership Kula Gardens Associates...
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DECISION GRANTING DEFENDANTS’ MOTION TO DISMISS AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND ORDER DISMISSING ACTION PART I In this case hearings have been held and extended memoranda and oral arguments, with supporting affidavits, have been duly received, heard and considered on (1) the Court’s Order to Show Cause why the cause should not be dismissed for failure to prosecute the same;...
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DECISION ON THE MERITS The defendant Lenhard Michael Krueger is charged with refusing to submit to induction into the armed services, in violation of 50 U.S.C.App. § 462. After a trial on the merits, this court finds the defendant not guilty as charged in the indictment. On July 18, 1969, the defendant was classified 1-A by Indiana Local Board No. 71. On October 10, 1969, the local board ordered t...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ORDER The plaintiff, Beconta, Inc., is a New York corporation that has filed an action for trademark infringement and unfair competition against defendant Larson Industries, a Minnesota corporation. Plaintiff sells skis; plaintiff and defendant are both established names in the ski industry and were recently exhibitors at a ski show at McC...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause coming on for trial on the merits of the complaint, amended answer and counter-claim, and reply to the amended counter-claim, the Court having heard the evidence, having considered the memoranda of counsel for the parties and being fully advised in the premises, now finds: FINDINGS OF FACT 1. By this action, plaintiff seeks damag...
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This is a suit by an inmate of Louisiana State Penitentiary who alleges violation of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The petitioner claims that Hyland Laboratories and Charles E. Hart hired him as an assistant medical technician and clerk in connection with their business of extracting blood plasma from the inmates of the penitentiary. He -lists a number of specifi...
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324 F. Supp. 325 (1971) Eva Jane THOMAS, Administratrix, Estate of William Ira Thomas, Jr., Deceased v. C. J. LANGENFELDER & SON, INC., a body corporate. Civ. A. No. 21394-M. United States District Court, D. Maryland. March 18, 1971. John J. O'Connor, Jr., and O'Connor & Preston, Baltimore, Md., for plaintiff. Herbert F. Murray and Michael A. Pretl, Baltimore, Md., for defendant. JAMES R....
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Memorandum Opinion Defendants, Enrique Monier and Charles Permisohn, have been indicted for a violation under the Gun Control Act of 1968, 18 U.S.C. § 922(a) (1), and for conspiring to violate the same. The provision cited makes the selling of “firearms” 1 without proper licensing, as required by 18 U.S.C. § 923, unlawful. Defendants now move (1) to suppress any eviden...
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325 F.Supp. 620 (1971) Ernest MANDEL, David Mermelstein, Wassily Leontief, Norman Birnbaum, Robert L. Heilbroner, Robert Paul Wolff, Louis Menashe, Noam Chomsky, and Richard A. Falk, Plaintiffs, v. John M. MITCHELL, Attorney General of the United States, William P. Rogers, Secretary of State, Defendants. No. 70 C 344. United States District Court, E. D. New York. March 18, 1971. *621 *622 Leonard...
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Plaintiff, Farbenfabriken Bayer A. G. (hereafter “Bayer”), and the defendant, National Distillers and Chemical Corporation (hereafter “National”), are involved in a series of litigations centering about two patents, one owned by Bayer and the other by National. The two patents relate to a process for making vinyl acetate by reacting ethylene, acetic acid and oxygen in the presence of a Group VIII ...
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OPINION AND ORDER This is a motion by the three defendants to transfer the case to the United States District Court for the Eastern District of Michigan pursuant to 28 U. S.C. § 1404(a). Briefly stated the Complaint in this ease alleges that in April of 1970, in violation of the Sherman Act, the defendants contemporaneously and collusively stopped granting the discounts which in past years they ha...
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324 F. Supp. 298 (1971) Theodore KACZMAREK, Administrator of the Estate of Charles R. Cook, Deceased, Plaintiff, v. MESTA MACHINE COMPANY, a corporation and the McKay Company, a corporation, Defendants and Third-Party Plaintiffs, v. JONES & LAUGHLIN STEEL CORPORATION, a corporation, Third-Party Defendant. Civ. A. No. 68-23. United States District Court, W. D. Pennsylvania. March 18, 1971. *29...
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MEMORANDUM OPINION AND ORDER The defendant, Marion Vaughn Griffin, was tried before the court on March 1, 1971, on a waiver of jury trial. The charge is set forth in a one count indictment under 50 U.S.C. App. § 462 — failing to perform a duty required by the Selective Service Act by refusing to submit to induction into the Armed Services. To this charge, the defendant is found “guilty”. FINDINGS ...
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OPINION This is a petition for a writ of habeas corpus by James McNeil (hereafter, the relator), a state prisoner, who attacks the validity of his conviction and incarceration on concurrent sentences of from two to ten years imposed upon Bills Nos. 222 (burglary, larceny and receiving stolen goods) and 226 (aggravated robbery), September Sessions, 1966. Relator was found guilty by a judge sitting ...
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MEMORANDUM Plaintiff’s complaint in the above styled action asserts a claim for damages allegedly occasioned by delays in making payment for 357 shares of Jones & Laughlin Steel Corporation (J&L) common stock purchased from her by Ling-Temco-Vought, Inc. (LTV) and in furnishing a certificate for 143, the remainder of 500 J&L shares transmitted by her for sale to LTV. In support of her claim she i...
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OPINION OF THE COURT The Interstate Commerce Commission has promulgated mandatory rules gov*353erning the manner in which empty freight cars in the possession of non-owning railroads are to be returned to their owners. Before us is an action^ brought by fifteen steel producers and the American Iron and Steel Institute1 seeking to enjoin, annul and set aside the order. We must determine whether th...
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ORDER This case is before us on a Motion to Dismiss filed by defendants. The complaint is for an injunction and a declaratory judgment. We are asked to rule that the General Student Regulations of the University of Puerto Rico are unconstitutional and, therefore, to order the University to readmit those plaintiffs— six of them — who have been temporarily suspended pending investigation, or who ha...
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OPINION This is an action brought under 28 U.S.C. § 1338 by Teledyne Mid-America Corporation (hereinafter Teledyne) against International Telephone & Telegraph Corporation (hereinafter I.T.T.) alleging infringement of United States Letters Patent No. 2,867,001 (hereinafter “001 patent”). Teledyne is a corporation existing under the laws of Delaware, having been substituted for Western Insulated W...
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324 F. Supp. 800 (1971) UNITED STATES of America v. Elmer J. BROD. Crim. No. 70-H-291. United States District Court, S. D. Texas, Houston Division. March 18, 1971. Anthony J. P. Farris, U. S. Atty., Dewey F. Meadows, Asst. U. S. Atty., Houston, Tex., for plaintiff. Melvin Engel, Houston, Tex., for defendant. SINGLETON, District Judge. Opinion and Order: The grand jury has charged defendant Elmer...
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MEMORANDUM AND ORDER In these cases plaintiffs sue to enjoin actions of the Agricultural Stabilization and Conservation County Committees (hereafter County Office Committees) of Cameron, Willacy and Hidalgo Counties, Texas.1 On March 5, 1971, the Court ordered that parties aggrieved by the decisions of the County Office Committees should exhaust their administrative remedies pursuant to the proce...
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MEMORANDUM OPINION AND ORDER Petitioners, Mary Moore Aalund, and her two minor children, Karen Elizabeth Aalund and Martin Peter Aalund, citizens of the United Kingdom of Great Britain, and her minor son, Gordon Richard Aalund, and the father of the minor children, Carl Viggo Aalund, citizens of the United States, are before this Court by an Application for Writ of Habeas Corpus1 to set aside an O...
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324 F. Supp. 371 (1971) RINCON BAND OF MISSION INDIANS v. COUNTY OF SAN DIEGO, and J. C. O'Connor, Sheriff for the County of San Diego. Civ. No. 70-360-T. United States District Court, S. D. California. March 17, 1971. *372 George Forman, Daniel M. Rosenfelt, Robert S. Pelcyger, Richard W. Power, California Indian Legal Services, Escondido, Cal., for plaintiff. Robert G. Berrey, County Counsel, S...
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*903MEMORANDUM OF DECISION This is a military habeas corpus action brought by an enlisted man in the U. S. Marine Corps Reserve seeking relief from the sentence of a summary court-martial on the ground that it lacked jurisdiction. The court has considered the pleadings, affidavits and memoranda on file as well as evidence and oral argument adduced at an evidentiary hearing. This memorandum of dec...
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RULING ON PLAINTIFFS MOTION TO CONVENE A THREE-JUDGE DISTRICT COURT AND FOR EQUITABLE RELIEF; AND DEFENDANT’S MOTION TO DISMISS The plaintiff has brought this suit against Supreme Court Justice John P. Cotter, who serves also as Chief State Court Administrator, John P. Evans, Chief State Circuit Court Prosecutor and the Honorable Sidney A. Johnson, a State Referee, under the provisions of 42 U.S.C...
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ORDER Plaintiffs are Trustees of a pension, welfare and vacation plan which is evidenced by an Agreement and Declaration of Trust entered into in 1957 between several stevedoring concerns and the International Longshoremen’s Association which represents two local unions. The members of the Locals are employed by the stevedoring companies. The Trustees seek declaratory relief against Brunswick Port...
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324 F. Supp. 233 (1971) Samuel B. KEENE, Admr. Est. Lorenzo Lowe v. METHODIST HOSPITAL. Civ. No. 5127. United States District Court, N. D. Indiana, Hammond Division. March 17, 1971. Byron Chudom, Gary, Ind., for plaintiff. Thomas H. Clifford, Gary, Ind., for defendant. MEMORANDUM OF OPINION BEAMER, District Judge. Plaintiff Samuel B. Keene is the administrator of the Estate of Lorenzo Lowe, Dece...
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This income tax refund suit presents only one issue: whether a corporation whose stock changed hands also made a substantial change in its business at the same time and therefore lost its right to carry forward net operating losses it had previously sustained because of the provisions of IRC Section 382, 26 U.S.C. § 382. Because there was in fact no substantial change in the corporation’s business...
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325 F. Supp. 1235 (1971) Gregory M. DUNKEL v. Wilson H. ELKINS, President, University of Maryland, Marvin Mandel, Governor, State of Maryland, and the State of Maryland. Civ. No. 70-1239-K. United States District Court, D. Maryland. March 17, 1971. *1236 *1237 Thomas R. Asher, Washington, D. C., and Russell R. Reno, Jr. and Douglas D. Connah, Jr., Baltimore, Md., for plaintiff. Francis B. Burch, ...
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324 F.Supp. 628 (1971) The UNITED STATES v. The KENDALL COMPANY, a corporation trading and doing business under the name of Davies Rose Hoyt Pharmaceutical Division of the Kendall Company and John Brennan, an individual. Crim. No. 70-260-G. United States District Court, D. Massachusetts. March 17, 1971. *629 Herbert F. Travers, Jr., Richard E. Bachman, Boston, Mass., for plaintiff. Paul B. Galvan...
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In this suit brought under the federal Civil Rights Law, 42 U.S.C. § 1983, plaintiffs seek relief for a class consisting of all the inmates now confined in the Manhattan House of Detention for Men, commonly known as “the Tombs.” Plaintiffs allege that the conditions under which they are presently confined constitute cruel and unusual punishment in violation of the Eighth Amendment, that the pract...
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OPINION By a summons under 26 U.S.C. § 7602 1 agents of the Internal Revenue Service called upon respondent, as Secretary of Standard Oil Company of New Jersey, to produce minutes of meetings held in 1962 and 1963 by the boards of directors and executive committees of Jersey itself and 17 affiliated corporations which were included in Jersey’s consolidated federal income tax re...
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OPINION Plaintiff, a Selective Service registrant, seeks an injunction restraining the defendant from enforcing its Order of September 8, 1970, directing plaintiff to report for induction. The defendant moved to dismiss the Complaint on the ground, inter alia, that pre-induction judicial review was precluded by Section 10(b) (3) of the Military Selective Service Act of 1967, 50 U.S.C. App. § 460(...
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OPINION In this diversity negligence case the plaintiff was awarded damages of $125,000 for his injuries principally involving a permanent deformity of the right hip which leaves his right leg 1 to 2 inches shorter than the left leg. We do not minimize the seriousness of his injury and the complications that developed therefrom by our brevity of description. Undisputed medical expenses of over $2...
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324 F. Supp. 1201 (1971) Rev. A. C. SPERN v. TIME, INC. Civ. A. No. 70-368. United States District Court, W. D. Pennsylvania. March 17, 1971. *1202 Mahady & Mahady, Greensburg, Pa., for plaintiff. Eckert, Seamans & Cherin, Pittsburgh, Pa., Cravath, Swaine & Moore, New York City, for defendant. OPINION AND ORDER KNOX, District Judge. This action is one brought by Angelo C. Spern again...
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MEMORANDUM OPINION This action was instigated by the Secretary of Labor pursuant to § 17 of the Fair Labor Standards Act of 1938, 29 U. S.C. § 201 et seq., to enjoin defendant from violating the overtime and record keeping requirements of the Act, and to restrain defendant from continuing to withhold unpaid overtime compensation due to his employees. The defendant is engaged in a business whereby...
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MEMORANDUM OPINION This is a suit for patent infringement brought by Preston G. Gaddis, a resident of Oklahoma, against Calgon Corporation, a resident of Pennsylvania. Calgon has moved to dismiss for lack of venue. Venue in this case is based on 28 U. S.C. § 1400(b), which provides Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or wher...
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ORDER The petitioner was convicted by a state court on February 23, 1970, of armed robbery in violation of §§ 939.05 and 943.32(1) (b), Wis.Stats. (1967), and he was sentenced to an indeterminate term of not more than five years. An order has been entered authorizing Mr. Holmes to proceed in forma pauper-is. Mr. Holmes challenges his conviction on the basis of the use of an unlawful line-up proced...
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DECISION and ORDER The defendant has moved to dismiss the indictment in this matter on the grounds that it does not state facts sufficient to constitute an offense against the United States and, further, on the grounds that the Selective Service Act, under which this prosecution is brought, is unconstitutional. This court has recently denied similar motions in United States v. Nilson, (E.D.Wis., d...
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The defendant, Nelson Bros. Furniture Co., Inc., and also the defendants *14Wolke and Krause, have moved for dismissal. Briefs were submitted and the three-judge court heard the arguments of counsel. The principal contention of Nelson Bros. Furniture Co., Inc., is that it is not chargeable under 42 U.S.C. § 1983 because its conduct was not done “under color of state or federal law.” In addition, N...
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325 F. Supp. 402 (1971) James PEOPLES, Alfred St. Laurent, John Doe on behalf of thirty-four prisoners for themselves, jointly and severally and on behalf of all others similarly situated, all at the Florida State Prison, Raiford, Florida, Plaintiffs, v. Louie L. WAINWRIGHT, Director of Divisions of Corrections, Tallahassee, Florida, individually and in his official capacity, Don Hassfurder, Supe...
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ORDER This is an action brought by the United States pursuant to Section 8a(6) of the Agricultural Marketing Agreement Act of 1937 (hereinafter Act) to require defendant to comply with the Act and with Federal Milk Marketing Order No. 7 issued pursuant to the Act. (7 C.F.R. 1007.) The government alleges that the Market Administrator appointed by the Secretary of Agriculture has determined that def...
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MEMORANDUM AND ORDER. This ruling is predicated upon defendant’s motion for judgment on the pleadings. The pleadings on their face show the following uncontroverted facts: On September 10, 1968, two teen-age boys were killed as a result of a motorcycle-truck collision in Boone County, State of Iowa. Defendant herein is the truck driver and a citizen of Iowa. Plaintiffs herein are decedents’ admin...
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General Electric Company has brought this action against Acme Fast Freight, Inc. to recover the value of 86 stereo sets which were shipped from the General Electric Company facility at Decatur, Illinois, to the General Electric warehouse on Quad Avenue in Baltimore, Maryland. Acme Fast Freight has filed a third party claim against Perry Transfer Company, Inc., third party defendant, contending tha...
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This case is here on defendant’s motion pursuant to Rules 52 and 59 for an amendment of findings and judgment and Rule 60 for relief from judgment. Argument was heard on both plaintiff’s and defendant’s motions for summary *1080judgment on September 3, 1970, with a decision filed, granting plaintiffs motion on September 28, 1970. Pursuant to timely motions, this case was set in and reargued on Feb...
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MEMORANDUM OPINION Plaintiff brought this suit under 42 U.S.C. § 405(g) seeking judicial review of an administrative decision of the Secretary of Health, Education and Welfare (HEW) denying his claims for a period of disability under 42 U.S.C. § 416(i) and for disability insurance benefits under 42 U.S.C. § 423.1 Plaintiff has fully *329exhausted his administrative remedies. Following disallowance...
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MEMORANDUM OPINION This is an action under the Declaratory Judgment Act (28 U.S.C.A. § 2201) against the Tennessee Valley Authority (hereinafter referred to as “TVA”) for a declaratory judgment determining the rights and liabilities of the parties under a contract for underwater repairs to the stilling basin at Kentucky Dam, located at Gilbertsville, Kentucky, and to recover damages from TVA for ...
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OPINION Before McLAUGHLIN, Circuit Judge, WHIPPLE and FISHER, District Judges. Plaintiff, James G. Lawrence, brings this suit attacking the constitutionality of N.J.S. 2A:148-10.1 Upon proper application, a temporary injunction was issued staying pending criminal proceedings in the Superior Court, Law Division, Essex County. Plaintiff further seeks to have this injunction made permanent. Pursuant ...
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The Court has determined that it should edit and supplement oral opinion dictated on the record at the conclusion of hearing in this matter and does so as follows: Plaintiffs seek a declaratory judgment and injunctive relief alleging deprivation of civil rights secured by the First, Fourth and Fourteenth Amendments to the United States Constitution. There is also a reference to the Ninth Amendment...
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Petitioner, currently serving a term of ten to twenty years at the Green Haven State Prison, following his conviction of robbery, rape and assault after a trial to a jury, seeks his release upon a federal writ of habeas corpus. Petitioner challenges the judgment of conviction as void on five separate grounds: (1) that he was neither afforded counsel, nor advised of his right to counsel between the...
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The defendant moves pursuant to 28 U.S.C., section 1404(a) for an order transferring this action to the Eastern District of Louisiana for the convenience of the parties and witnesses and in the interest of justice. The action arises out of a collision off the coast of Louisiana on or about July 20, 1969, between the S. S. Andros City, owned by the defendant Oceanic Freight Carriers Corp., and the ...
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MEMORANDUM AND ORDER Presently before the court is defendants’ renewed motion for partial summary judgment with respect to that part of plaintiff’s declaratory judgment complaint that asserts a claim of ownership over the patent in suit. The declaratory judgment action requested the court to declare defendant James F. Haskett’s patent invalid or, in the alternative, to declare that plaintiff is t...
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MEMORANDUM OPINION AND ORDER The petitioner, Willie James Perry, is incarcerated in the Texas Department of Corrections as a result of guilty pleas to twelve burglary indictments in the District Court of Harrison County, 71st Judicial District of Texas. The grounds upon which he seeks the writ of habeas corpus from this court, pursuant to 28 U.S.C.A. § 2241 et seq., may be enumerated as follows: (...
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MEMORANDUM AND ORDER In its prayer for relief in this debt action, plaintiff seeks, among other things, the appointment of a receiver for the defendant corporation to collect and conserve its assets “for the benefit of the creditors of the defendant corporation and the general public.” Although there is, in this record, some evidence that suggests mismanagement of the defendant corporation by the...
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DECISION and ORDER The defendants have filed-numerous motions in connection with the indictment against them. The indictment alleges that the defendants conspired to carry on interstate gambling activities in violation of 18 U.S.C. 1952; a total of eight counts relating to interstate gambling have been charged. There is considerable overlapping in the various motions of the several defendants. Thi...
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DECISION and ORDER The defendant has moved for summary judgment. The complaint in this *166case avers an unlawful attempt to induct Mr. Mielke, a reservist, into the United States army for having accumulated five unexcused absences from training meetings. In his complaint, Mr. Mielke charges that the defendant refused to accept the medical explanation of the last unexcused absence, even though it ...
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MEMORANDUM DECISION Petitioner seeks writ of habeas corpus ordering his discharge from the United States Navy as a conscientious objector. The pertinent facts are undisputed before the Court. In September, 1964, Petitioner entered medical school at the University of Illinois. In February, 1969, he accepted appointment as a lieutenant (Medical Corps) in the Naval Reserve; this resulted in his obtai...
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324 F. Supp. 1054 (1971) In the Matter of FIBRE GLASS BOAT CORPORATION, Bankrupt. No. 69-420-BK. United States District Court, S. D. Florida. March 15, 1971. Paul G. Hyman, of Feibelman, Friedman, Hyman & Britton, Miami, Fla., for petitioner. William Kendrick, of Shutts & Bowen, Miami, Fla., for respondent Teleflex Industrial Products. ORDER FULTON, Chief Judge. This cause came before th...
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MEMORANDUM OPINION The plaintiffs in these consolidated cases are each suing their employer, Automatic Electric Company, under Section 9 of the Universal Military Training and Service Act, 50 U.S.C.App. § 459 (hereinafter referred to as the “Act”), claiming that they are entitled to certain vacation benefits under their collective bargaining agreement which would have accrued to them but for the ...
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MEMORANDUM OF DECISION This cause having been submitted to this Court for its decision upon the stipulation of the parties and upon the plaintiff's Statement of Additional Facts, consented to by the defendant, the Court now states its findings of fact and conclusions of law in the form of this memorandum of decision. At the outset, the Court finds it has jurisdiction of this matter, a suit for ...
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MEMORANDUM AND ORDER This is an action under Section 205 (g) of the Social Security Act, 42 U.S.C. Section 405(g) to review a final decision of the Secretary of Health, Education and Welfare, based on his application of June 28, 1968, that the plaintiff was not entitled to a period of disability or disability insurance benefits under the provisions of Sections 216(i) and 223 of the Social Security...
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MEMORANDUM This is a civil action in admiralty by a vessel owner, the defendant above and third-party plaintiff of this action, seeking indemnification for a settlement made with a longshoreman injured on the plaintiff’s vessel. The stevedore employer of the longshoreman is the third-party defendant, Nicholson Cleveland Terminal Co. On November 11, 1967, plaintiff’s vessel Sarniadoc left Port Alfr...
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MEMORANDUM OPINION Charles R. Fox has presented a “Petition-Motion for Reconsideration” of the decision of this Court in view of the decision in United States v. Welty, 426 F.2d 615, C.A.3, 1970. In his original petition, Fox contended, inter alia, that the sentence originally imposed by the Court of Common Pleas was erroneous because of changes made in the written sentence subsequent to its prono...
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OPINION This is an action for infringement, 35 U.S.C. § 271(a), of claims 1, 2 and 3 of the United States Letters Patent No. 2,-765,202. This patent was issued on October 2, 1956, pursuant to an application by Victor L. Barr, and others, filed January 25, 1950 (hereinafter referred to as the Barr or '202 patent). The Roller Bearing Company of America (R.B.C.) is the assignee of the Barr patent. M...
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DECISION and ORDER This contract action was tried to the court, sitting without a jury. Post-trial briefs were submitted by the parties. The court must determine whether certain increased costs incurred during the construction in question are chargeable to the defendant. The plaintiff urges that it is entitled to additional compensation under the “changed conditions” clause of the contract and al...
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RESTRAINING ORDER At C’est Bon Club in Charlotte, entertainment by “topless” dancers and waitresses has been the order of the evening for two years. Four 1968 and 1969 prosecutions of various topless dancers were unsuccessful. In 1970-71, abundantly endowed entertainers yclept “Morgana” and “Zaiona” have entertained in the nude before paying drinking audiences. Law enforcement agents of the State ...
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325 F. Supp. 781 (1971) Ricky WYATT, by and through his Aunt and legal guardian Mrs. W. C. Rawlins, Jr., et al., Plaintiffs, v. Dr. Stonewall B. STICKNEY, as Commissioner of Mental Health and the State of Alabama Mental Health Officer, et al., Defendants. Civ. A. No. 3195-N. United States District Court, M. D. Alabama, N. D. March 12, 1971. *782 George W. Dean, Jr., Destin, Fla., for plaintiffs. ...
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ORDER GRANTING MOTION TO DISMISS This is a diversity suit brought by a California resident whose name was used by defendant in an advertising campaign. Both parties move for summary judgment on the issue of liability, which motions the Court finds it unnecessary to reach. A suit brought in federal court pursuant to the diversity jurisdiction must involve a matter exceeding $10,-000.00 in value, ex...
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*1287OPINION and DECISION The defendant above named was indicted on November 18, 1969 and charged, pursuant to Title 26, United States Code, § 7201, with two counts of wilful attempted tax evasion (1963 and 1964 returns). The defendant waived a jury trial and the case was tried before the court at Bridgeport, Connecticut on January 18-22, 1971. The transcript was made fully available soon, after t...
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ORDER This cause came before the Court upon a petition filed by Radiation, Inc., a creditor of the corporation in arrangement, Discon Corporation, for review of an order of the Referee in Bankruptcy confirming a Chapter XI plan of arrangement. Discon Corporation is a Florida corporation, organized in 1964, and engaged in the business of manufacturing and developing display devices an...
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ORDER In this petition for habeas corpus under 28 U.S.C. § 2241, petitioner seeks a discharge from the Armed Forces on the ground that his induction was in violation of his right to due process of law. As a matter of background only, petitioner was classified as I-A by his local draft board (Local Board No. 62, Atlanta, Georgia) in August of 1970. Petitioner sought to be reclassified as III-A (har...
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ORDER Where a shipowner and a stevedore are sued by a consignee as a result of damage to a single-package shipment does the $500 limitation of the carrier per package under the Carriage of Goods by Sea Act1 constitute the maximum recovery against the carrier and negligent stevedore or is plaintiff entitled to the statutory limit from each defendant? When defendants’ motion for summary judgment wa...
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MEMORANDUM OF OPINION The plaintiffs Bettie and William Hulet brought this action against the United States to recover damages allegedly sustained by Bettie Hulet when she was struck by a falling rock while visiting the Timpanogos Cave National Monument in northern Utah. This court has jurisdiction of the action under 28 U.S. C. § 1346(b) and under the Federal Tort Claims Act, 28 U.S.C. § 2674, e...
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This action was consolidated for trial with Civil Action No. 14,658, Gordon L. Goudeau, Jr. v. Joseph W. Christ; Robert C. Seaman, Jr., Secretary of the United States Air Force, and the United States Government, through The Attorney General of the United States, John N. Mitchell, also decided this date. Sam Roland and Olevia W. Roland are suing for damages suffered by them in the same accident des...
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RULING Marshall Daniel brings this action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to review the decision of the Secretary of Health, Education and Welfare that Daniel was not entitled to the establishment of a period of disability under Section 216(i) of the Act, 42 U.S.C. § 416 (i), or to disability insurance benefits under Section 223 of the Act, 42 U.S.C...
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This action is a tort claim against the United States as a result of an automobile accident between plaintiff and Joseph W. Christ, an Airman in the United States Air Force, driving an official vehicle on a mission for the United States Air Force. This Court has jurisdiction under 28 U.S.C. § 1346 and 28 U.S.C. § 2671 et seq.1 On May 20, 1968, between 7:30 o’clock and 8:00 o’clock a.m. Airman Chri...
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This is a case under Admiralty and Maritime jurisdiction concerning the Bauer Dredging Construction Co., Inc., a Texas corporation, and the Steuart Petroleum Company and Steuart Investment Company, both Delaware corporations. Plaintiffs have moved to strike an affirmative defense raising the applicability of 46 U.S.C. §§ 183-189 limiting an owner’s liability in a ship collision ease to the value o...
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ORDER ON OBJECTIONS TO INTERROGATORIES The plaintiff, United States of America has objected to certain interrogatories directed to it by defendant Beatrice Foods Company (Beatrice) and moves for protective orders in connection therewith. The motions were argued before the court on January 14, 1971 in Minneapolis, Minnesota and extensive and exhaustive briefs have been submitted on the issues rais...
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MEMORANDUM OPINION This suit seeks the recovery of United States income taxes paid by plaintiff, a Mississippi corporation with its principal office at Kosciusko, Mississippi, as the result of an assessment following examination of its corporate income tax returns. Plaintiff sues to recover $2,-931.17, plus interest, which it alleges was overpaid for the fiscal year July 1, 1965 to June 30, 1966,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court. Findings of fact and conclusions of law are set out hereafter. *290FINDINGS OF FACT 1. Tract OZAR 206 is a tract of land containing 158.05 acres, more or less, in Shannon County, Missouri, which was owned in fee simple at the time of trial, on November 23, 1970, by G. E. Maggard and Loreen Maggard, his wife. A description ...
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MEMORANDUM OPINION Plaintiffs bring this action against three defendant insurance companies to collect on certain insurance policies. Federal jurisdiction is based solely on grounds of diversity of citizenship. Presently at issue is plaintiffs’ Motion for an order striking notice of deposition of William B. Bonds, C.P.A.; for an order quashing the subpoena served upon him which would compel his a...
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OPINION This is a suit arising from alleged garbling and distortion in the English version of a German film which appears to be a multi-national addition to the supply of cinematic erotica. Plaintiff has moved for a preliminary injunction. Defendant seeks dismissal of the complaint. The complaint asserts three “causes of action.” In the first of these, plaintiff, a citizen of Israel and a permane...
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CLASS ACTION ORDER NO. 71-9 ORDER DIRECTING RULE 23(c) (2) NOTICE TO CERTAIN CLASS MEMBERS (City, County, State Entities and Institutions) (By Assignment). On February 9, 1971, this court filed Class Action Order No. 71-4, 333 F.Supp. 267, which determined, under Fed.R.. Civ.P. 23(c) (1), that this action shall be maintained as a class action under Fed.R.Civ.P. 23(b) (3) by the plaintiff State fo...
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DECISION This is a trademark infringement action and an unfair competition action (which arises in connection with an infringement action of substance; for that reason and for the further reason that diversity and amount in controversy are present and involved, this Court has jurisdiction) . There are two plaintiffs. The first, Wurzburger Hofbrau A. G. (hereinafter “WH”), is a German...
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MEMORANDUM AND ORDER In this matter, suit was originally started in a state court. It was then removed to this court on defendant’s motion. Plaintiffs now challenge the removal for procedural and substantive reasons. Plaintiffs instituted suit in the Court of Common Pleas of Philadelphia County. Service of the complaint was made on the defendant on December 28, 1970. A petition for removal was fil...
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*312OPINION Robert Virgil Yarnal has presented a petition for a writ of habeas corpus in forma pauperis. The petitioner is presently confined in the State Correctional Institution at Pittsburgh, Pennsylvania, serving a life sentence imposed by the Court of Oyer and Terminer of Indiana County, Pennsylvania at No. 1 December Term, 1964. The sentence was imposed on April 2, 1965, after the petitioner...
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*234MEMORANDUM OPINION This action for debt is before the Court on plaintiff’s motion for summary judgment. From plaintiff’s amended complaint, it would appear that on December 11, 1964, Thompson-Starrett International, Inc. (hereinafter Thompson-Starrett or general contractor) entered into a contract with Bluebeard Housing Corporation for the construction of the Bluebeard Hill Housing Project. Th...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On April 1, 1969, plaintiff filed a bill of complaint in the Circuit Court of Mobile County, Alabama. The defendant removed to the United States District Court for the Southern District of Alabama on April 25, 1969. Jurisdiction is founded upon diversity of citizenship. The complaint contains two counts. Each count is based upon the double indemnity...
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MEMORANDUM, and ORDER This is a civil action brought on behalf of an 18-year old pregnant, unmarried, senior at the North Middlesex Regional High School, Townsend, Massachusetts. The respondents are the Principal of the High School, Robert Hargraves, the seven individual members of the North Middlesex Regional High School Committee, and the School Committees of Pepperell and Townsend. The cause...
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OPINION Plaintiff brings this action to recover damages for personal injuries suffered on the high seas. Plaintiff alleges that on March 11, 1967, while he was in the employ of defendants as a seaman on the SS CONSOLIDATION COAL, he suffered severe personal injuries which he alleges were caused by the defendants’ negligence and/or the unseaworthiness of defendants’ vessel. Defendants...
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325 F. Supp. 460 (1971) W. R. WILSON, Plaintiff, v. RETAIL CREDIT COMPANY, Defendant. Civ. A. No. 3847. United States District Court, S. D. Mississippi, S. D. March 11, 1971. *461 W. Roberts Wilson, Jr., Pascagoula, Miss., for plaintiff. *462 Webb M. Mize, Mize, Thompson & Mize, Gulfport, Miss., for defendant. MEMORANDUM OPINION NIXON, District Judge. The defendant herein, a Georgia corporat...
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OPINION The United States commenced this action pursuant to Sections 7401 and 7403 of the Internal Revenue Code of 1954, 26 U.S.C. §§ 7401 and 7403, and seeks to enforce herein certain federal tax liens and to have determined the merits of all claims to and liens upon the property in question. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1340 and 1345. Judgment by default has been entered ...
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OPINION AND ORDER RE: CONVEYANCE OF LAND TO THE CITY OF BOSTON The Trustees seek permission to convey to the City of Boston, free and clear *436of all liens and encumbrances, a strip of land and certain easements, in exchange for a release from certain contractual obligations. A hearing was held on March 8, 1971, at which all concerned agreed that the proposed conveyance would be in the best inte...
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*433 MEMORANDUM DECISION AND ORDER DISMISSING ACTION Plaintiff, Sidney Lee Hassell, has brought an action under the Civil Rights Act of 1964 against Harmon Foods, Inc., which is a Tennessee corporation (whose corporate name now is actually Continental Coffee Company of Tennessee, Inc.) and which has its only place of business at Memphis, and against Continental Coffee Company, wh...
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MEMORANDUM AND ORDER Plaintiff Emil Foltting has sued Rene Kaevando as owner of the O/S RIDALA, a shrimping vessel, its captain, Posey Allen Thornton, and the United States of America, for injuries he allegedly received in connection with rescue operations conducted by the Coast Guard. His action against the boat owner and his captain has been settled and is not before the Court. The Court has tr...
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DECISION and ORDER The petitioner was convicted by a state court on November 14, 1968, of the commission of an abortion in violation of § 940.04(1), Wis.Stats. (1967). She was sentenced on the same day to a term of three years in the Wisconsin Home for Women at Taycheedah. Her conviction was affirmed by the state supreme court in State v. Harling, 44 Wis.2d 266, 170 N.W.2d 720 (1969). After the p...
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MEMORANDUM This is an action for damages and loss of services following an accident in which Isidro Ramirez, then a minor of unspecified age, was struck by an automobile while crossing a street. Defendant Knox is alleged to be the driver of the vehicle and Victor the owner. Jurisdiction is based on diversity of citizenship among the parties, 28 U.S.C.A. § 1332. While it appears that diversity may ...
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OPINION This cause came to be heard upon a complaint filed pursuant to the provisions of 28 U.S.C. § 2201 and 42 U.S.C. § 1983. Plaintiffs, individually and as representatives of a class, pray for a declaratory judgment finding Section 143.-41, Ohio Revised Code, unconstitutional as applied to their political activity, and for a declaratory judgment finding Toledo City Charter Provision 1...
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MEMORANDUM OF DECISION AND ORDER Plaintiff union has invoked the jurisdiction of this Court pursuant to 29 U. S.C. § 185(a) and 9 U.S.C. § 4, seeking an order from this Court compelling arbitration of a dispute over the discharge of a Detroit Playboy Club “bunny.” Defendant, Playboy Club, originally moved to dismiss the petition to compel arbitration on the ground that unique collective bargainin...
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OPINION In this suit charging violations of Section 1 of the Sherman Anti-Trust Act, 15 U.S.C. § 1, plaintiff 1 has filed a motion for summary judgment in its favor, and defendants have filed a motion for judgment on the pleadings, or in the alternative, for summary judgment in their favor. The motions are before the court for disposition on the pleadings and on affidavits of R...
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MEMORANDUM AND ORDER This is a motion to dismiss a Civil Rights action brought under 42 U.S.C. § 1983 against the City of Philadelphia and certain police officers who allegedly assaulted the plaintiff causing him numerous injuries. The alleged assault occurred August 20, 1965, at or about the time the plaintiff was arrested by the police officers. The plaintiff filed his complaint in federal court...
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OPINION This action is brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The final decision in this case is that of the Appeals Council dated April 2, 1970, denying the plaintiff’s request for the review of a decision rendered by the hearing examiner on December 23, 1969, in which the examiner ...
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324 F. Supp. 108 (1971) Owen C. THOMPSON, Jr., Plaintiff, v. FORD MOTOR CREDIT COMPANY, Defendant. Civ. A. No. 70-694. United States District Court, D. South Carolina, Greenwood Division. March 10, 1971. *109 W. Ray Berry, of Fulmer, Berry & Alford, Columbia, S. C., and J. Roy Berry, Johnston, S. C., for plaintiff. J. Means McFadden, of Robinson, McFadden, Moore & Pope, Columbia, S. C., f...
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MEMORANDUM John Richard Ware was convicted in the Circuit Court of King William County on June 7, 1954, of the crime of robbery. The plea was guilty and the sentence, life. Now he seeks his release by habeas corpus. Ware contends herein that he was ineffectively represented at trial by his appointed attorney and that he was denied a preliminary hearing. Both of these contentions, he asserts, were ...
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324 F. Supp. 691 (1971) Martin P. MARSTON v. R. M. OLIVER, Superintendent of the Virginia State Farm. No. 272-69-R. United States District Court, E. D. Virginia, Richmond Division. March 10, 1971. *692 James L. Sanderlin, Richmond, Va., for petitioner. Overton P. Pollard, Asst. Atty. Gen., of Virginia, Richmond, Va., for respondent. MEMORANDUM MERHIGE, District Judge. Martin Marston petitions th...
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MEMORANDUM OPINION Warren William Matz is charged in a one-count indictment with willfully failing to report as ordered for civilian work after being classified 1-0 by his local board. He entered a plea of not guilty, waived trial by jury, and was tried by the Court. The record discloses that on June 28, 1967, defendant’s local board classified him 1-0 (conscientious objector available for civilia...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner is a California State prisoner incarcerated at Folsom State Prison, Represa, California, following his conviction by a jury in the Long Beach Superior Court, Long Beach, California, for violating Penal Code, § 187 (Murder), and Penal Code, § 245 (Assault with a Deadly Weapon). On March 19, 1969, he was sentenced to the term prescribed by ...
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*650ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a California State prisoner, is presently incarcerated in the Los Angeles County Jail awaiting trial on charges of battery upon a police officer (Penal Code, § 242). He here seeks to attack a sentence of 5 years to life imposed on him October 25, 1957,, in Orange County Superior Court following his plea of guilty to violating Penal C...
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MEMORANDUM OPINION AND ORDER I. BACKGROUND FOR THIS MOTION On or about August 1, 1964, plaintiff, Oxford Industries, Inc., (a garment manufacturer) entered into an agreement with defendant, Koratron Company, Inc., the wholly-owned subsidiary of defendant, Koracorp Industries, Inc., to license Koratron’s permanent press process. This 1964 license agreement allegedly contained a provis...
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324 F. Supp. 167 (1971) Anni GOODMAN and James A. Goodman, her husband, Plaintiffs, v. UNITED STATES of America, Defendant. No. 70-248 Civ. T. United States District Court, M. D. Florida, Tampa Division. March 9, 1971. Anni Goodman, pro se. Alan C. Todd, Asst. U. S. Atty., Orlando, Fla., for defendant. MEMORANDUM OPINION AND ORDER Preliminary Statement KRENTZMAN, District Judge. This is an acti...
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325 F. Supp. 554 (1971) Benjamin TYREE, Petitioner, v. John J. FITZPATRICK et al., Respondents. Civ. A. No. 70-1323-C. United States District Court, D. Massachusetts. March 9, 1971. Richard S. Chute, Hill & Barlow, Boston, Mass., for petitioner. *555 Charles E. Chase, Asst. Atty. Gen., Crim. Div., Boston, Mass., for respondents. OPINION CAFFREY, District Judge. This is a civil action by a st...
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MEMORANDUM AND ORDER Invoking Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), the United States charged the St. Louis-San Francisco Railway Company (hereinafter referred to as Frisco) and the Brotherhood of Railroad Trainmen (hereinafter referred to as Brotherhood) with having engaged in a “policy and practice” of discrimination against Negroes on account of their race. T...
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MEMORANDUM AND ORDER This matter comes before the Court on defendant, General Medical Company’s motion to quash the return of the service of summons upon it and to dismiss plaintiff’s claim against it. [Filing #17]. At the outset, and without consideration of the movant’s contentions, the Court notes that plaintiff’s Amended Complaint [Filing #11], fails to properly allege diversity of citizenshi...
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OPINION This is a motion by defendant, Messitte, to dismiss, as to him, an indictment charging him, in 18 counts, with violating 15 U.S.C. §§ 77q(a), 77x, 78i (a) (2), 78ff(a) in connection with the sale of stock of Alloys Unlimited, Inc., and in one count with conspiracy to violate these sections. Defendants Werman and Stanger are named only in the conspiracy count. Messitte’s motion is based on ...
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The defendant is charged in an indictment filed in this District Court on October 30, 1970 with harboring and concealing the fugitive Angela Yvonne Davis from “on or about the 15th day of August, up to and including the 13th day of October 1970” in violation of 18 U.S.C. § 1071. On November 24, 1970, the defendant moved pursuant to Rule 6(b) (2) of the Federal Rules of Criminal Procedure (F.R.Cr.P...
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MEMORANDUM Plaintiff Concord Fabrics, Inc., seeks a preliminary injunction against alleged infringement by defendant, Generation Mills, Inc., of a copyrighted fabric design. Upon ex parte submissions describing its work as “a highly original design,” and claiming its huge sales would soon be shut off by the alleged infringement, plaintiff obtained a temporary restraining order dated Febru...
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OPINION OF THE COURT In this action plaintiffs seek a review of an Order of the Interstate Commerce Commission refusing, upon jurisdictional grounds, to reopen a prior proceeding allowing the discontinuance of part of a passenger train service operating between Harrisburg, Pennsylvania, and Buffalo, New York. Defendants, United States of America and Interstate Commerce Commission, have moved for ...
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MEMORANDUM AND ORDER Plaintiff, Meadows & Walker Drilling Company (Meadows), has sued Pacific Employers Indemnity Company (Pacific), contending that the latter is obligated as plaintiff’s liability insurer to satisfy a judgment had by intervenor Phillips Petroleum Company (Phillips) against plaintiff. Jurisdiction exists by reason of diversity of citizenship. 28 U.S.C. § 1332. The essential facts...
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OPINION AND ORDER Following conviction of the misdemeanor of contributing to the delinquency of a minor in violation of § 947.15(1), Wis.Stats., on April 18, 1967, the state court revoked petitioner’s probation granted on convictions of the charges of burglary and car theft in September 1965 and imposed two concurrent indeterminate sentences not to exceed five years each which are the basis of his...
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OPINION This is a declaratory judgment action commenced September 8, 1970, pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, by Richard L. Wommack, Mary Lou Wommack and Michael Wommack, seeking a declaration that a Professional Comprehensive Personal Catastrophe Liability Policy issued by defendant, United States Fire Insurance Company, Inc., provides coverage to the pla...
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ORDER This action arises under Title 38 U. S.C.A., 784 ff., for the purpose of setting aside a designation of beneficiary on two National Service Life Insurance Policies. The defendants have filed a cross complaint asking the court to deny plaintiffs any relief and to grant them reasonable attorney’s fees from the plaintiffs in case they are successful. The plaintiffs have moved the court to dismi...
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MEMORANDUM DECISION This action is of a civil nature to compel the refund of estate taxes paid to the Internal Revenue Service by the plaintiff and arises under Title 28, United States Code, Section 1346 and under Section 7422 of the Internal Revenue Code of 1954, as amended. The plaintiff in this action seeks recovery of federal estate taxes alleged to have been erroneously and illegally assessed...
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OPINION AND ORDER INCLUDING FINDINGS OF FACT AND CONCLUSIONS. OF LAW The plaintiff, a female officer of the Salvation Army, filed a Complaint pursuant to Title VII, Civil Rights Act of' 1964, 42 U.S.C. § 2000e. The defendant has filed its answer, and along with that, a motion to dismiss for want of jurisdiction, inter alia. It argues that it is a religious body or society as contemplated by...
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OPINION . This is a suit for refund of income taxes, pursuant to 28 U.S.C. § 1346(a) d). On August 28th, 1968, the parties submitted this action to the court for determination upon a stipulation of facts which included the following in relevant part: Chem-Atom Associates, of Princeton, New Jersey, Inc. (hereinafter Chem-Atom) was a holding company which owned, among other stock, eighty per cent (8...
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Plaintiffs are enlisted members of the New York Army National Guard who were tried and convicted by a summary court-martial and sentenced to 25 days in jail and a $25 fine for allegedly displaying peace signs during last year’s Memorial Day parade. Plaintiffs now move, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction to enjoin defendants from executing an a...
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This is a motion by plaintiff (Victor) for a preliminary injunction restraining defendants from inducting plaintiff into the Armed Forces of the United States during the pendency of this action. Fed.R.Civ.P. 65. Plaintiff is a registrant in the Selective Service System at defendant Local Board No. 8 of Providence, Rhode Island. The other defendants are a Transfer Board and various officials in the...
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*314 MEMORANDUM Claimants’ motion requests this Court to issue an order directing petitioner to deposit security to insure their potential judgments in the event the petition for exoneration or limitation of liability is defeated. $4,500,000 security Claimants' application for the posting of $4,500,000 security is denied. We do not consider the fund provisions of 46...
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MEMORANDUM Claimant India Supply Mission moves pursuant to Rule 16, F.R.Civ.P. for a pre-trial ruling on the admissibility at trial of testimony (given before an official hearing of the United States Coast Guard in connection with the sinking of the steamship PANOCEANIC FAITH) of witnesses who are unavailable at trial or without the jurisdiction of the court. Such prior testimony is admissible sub...
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*930OPINION AND ORDER OF DISMISSAL The defendant, National Sportsmen’s Club, Inc., has filed its Motion to Dismiss this action for lack of jurisdiction of this Court because the defendant has not transacted business within this District or within the State of Oklahoma, or committed any acts or distributed products within the State of Oklahoma or within this District so as to authorize this Court t...
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MEMORANDUM AND ORDER Presently before the Court is petitioner’s motion to amend, join, revise and correct his complaint. 'While this action was initially entitled criminal complaint, plaintiff, who is a state court prisoner, has entitled this petition Civil Rights Complaint. Plaintiff, who has filed with this Court at least fourteen (14) separate actions, may well be the most litigious individual ...
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MEMORANDUM AND ORDER Relator was convicted of aggravated robbery on July 26, 1966 by the Honorable James T. McDermott, sitting without a jury.1 He was sentenced to a term of three to twenty years on August 5, 1966.2 A petition for a writ of habeas corpus was filed with this Court, alleging ineffective assistance of counsel. At that time the standard for determining the competency of counsel was fo...
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MEMORANDUM AND ORDER Petitioner, a state prisoner, brought this action against John Case, Warden of the Bucks County Prison, where the petitioner was originally incarcerated. The defendant, through his attorney, filed a motion to dismiss. In keeping with the teaching of Jordan v. County of Montgomery, 404 F.2d 747 (3rd Cir. 1969), this Court gave the petitioner an opportunity to reply to this m...
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MEMORANDUM AND ORDER On January 21, 1971, 325 F.Supp. 891, this Court dismissed the above-entitled action upon motion of defendant Bethlehem Steel Corporation, on the ground that plaintiff is “at best a resident of Pennsylvania, and may, in fact, be a citizen of no state”, thereby defeating this Court’s diversity jurisdiction. Plaintiff has now petitioned this Court to transfer the action to the U...
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MEMORANDUM DECISION On May 15, 1968, petitioner, John Henry Nachtigall, was arraigned in Circuit Court for the Second Judicial Circuit of South Dakota on two counts of indecent molestation and one count of attempted escape. He entered a plea of guilty to each of the three counts and received a sentence of five years on each of the first two counts and one year on the third count. The sentences, in...
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OPINION The defendant filed a motion to dismiss the complaint on the ground that the Court lacks jurisdiction over the subject matter because the controversy is not wholly between citizens of different states. Donald Bray brought this suit individually and as next friend of his minor children, Cheryl Bray, Terri Bray and Dorothy Bray, alleging damages because of a collision on November 11, 1969, i...
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The allegations of the Plaintiffs are nothing more than generalities. General allegations are made of discrimination and segregation throughout the entire Independent School District. The United States has provided millions of dollars and fully staffed agencies to bring about integration and to eliminate discrimination and to eliminate the acts alleged to exist by the Plaintiffs in the El Paso Ind...
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MEMORANDUM AND ORDER: Plaintiff filed this suit seeking a temporary restraining order, temporary injunction, permanent injunction, and a three-judge-court to declare a state statute and a local ordinance unconstitutional. 28 U.S.C.A. Sections 2281 and 2284; 42 U.S.C.A. Section 1983. A hearing was subsequently held on plaintiff’s application for a temporary injunction and for the convening of a thr...
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MEMORANDUM OPINION This case was tried to the Court. Plaintiff, a Negro, instigated this action for reinstatement, back pay, and injunctive relief pursuant to the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a), 3(a), 5(e)-(g). The amended complaint alleges that defendant, Lerner Shops of Texas: (1) discharged the plaintiff solely because of her race and because she opposed, defendant’s unlaw...
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324 F. Supp. 889 (1971) Oliver F. MARSTON v. J. C. PENNEY COMPANY, Inc. Civ. A. No. 3540. United States District Court, E. D. Virginia, Richmond Division. March 8, 1971. *890 Herndon P. Jeffreys, Jr., Richmond, Va., J. Hanson Boyden, Washington, D. C., Alfred P. Ewrt, New York City, for plaintiff. Edward A. Marks, Jr., Richmond, Va., W. Brown Morton, Jr., James N. Dresser, Washington, D. C., for ...
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OPINION The plaintiffs in this action, Leland H. Baum and Mildred Baum, seek a refund of income taxes paid for the year 1966 as a result of the alleged erroneous disallowance of a deduction for (1) $30,000 paid by Leland H. Baum to retire an obligation from Glenport Realty Corporation to Earl Milliken, Inc. which Mr. Baum, an officer of Glenport, and his wife had guaranteed, and, (2) $1,-150.00 le...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner was found by a jury to be in imminent danger of becoming an addict by reason of repeated use of narcotics pursuant to Calif.Welf. & Inst.Code § 3100 et seq. On appeal the judgment and commitment entered under this verdict was reversed on the ground that the jury was improperly instructed. Petitioner was retried and on May ...
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324 F. Supp. 715 (1971) ELI LILLY AND COMPANY, Inc., an Indiana corporation, et al., Plaintiffs, v. GENERIX DRUG SALES, INC., a Florida corporation, et al., Defendants. No. 69-1241-Civ. United States District Court, S. D. Florida. March 5, 1971. Smathers & Thompson, Ralph & Boyd, Miami, Fla., Dewey, Ballantine, Bushby, Palmer & Wood, New York City, David L. Ladd, Chicago, Ill., of counsel, for pl...
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*900MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION TO VACATE AND FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT The plaintiffs move this court to vacate its order dismissing the second amended complaint filed in this derivative action allegedly brought on behalf of the defendant Microwave Communications, Inc. (MCI), and seek leave to file a third amended complaint. For the reasons stated below, this cour...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS The defendant moves to dismiss this indictment brought for his admitted refusal to submit to induction into the armed forces. For the reasons stated below, this court is of the opinion the indictment should be dismissed. The defendant has appended to his motion, as Exhibits 1 through 62, a certified copy of his Selective Service file. The relev...
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Plaintiff, Strange, brings this action before a three-judge panel of the United States District Court and asks the court to declare K.S.A.1970 Supp. 22-4513 unconstitutional and to enjoin its enforcement. 1 The statute in question is a provision under the Kansas Aid to Indigent Defendants Act which, in brief, provides that whenever any state expenditure is made under the Act to provide counse...
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Petitioner is a prisoner at the Federal Correctional Institution at Sandstone, Minnesota, serving a five-year sentence imposed on or about October 7, 1969 by the Honorable Julius J.' Hoffman of the Northern District of Illinois for interstate fraud by wire in violation of 18 U.S.C. § 1343. In normal course petitioner will be considered for parole sometime in April or May of 1971 and be eligible fo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court and findings of fact and conclusions of law are set out hereafter. Findings of Fact 1. Tract OZAR 1114 is a tract of land containing approximately 687.27 acres in Carter County, Missouri, of which the United States is taking 509.27 acres, leaving as a remainder approximately 178 acres. Tract OZAR 1122 contains 80 acres. T...
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ORDER GRANTING PLAINTIFF’S MOTION FOR PRODUCTION This is an action under the diversity statute brought by plaintiff in behalf of his minor child in which it is alleged that the minor child sustained injuries as a result of being hit by an automobile negligently operated by defendant in Missouri on April 17, 1970. Service of summons was obtained on defendant on August 18, 1970, by service upon the...
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*508OPINION AND ORDER On September 30, 1970, we directed the parties in the six actions 1 listed on Schedule A to show cause why those actions should not be transferred to a single district for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407.2 The common party, Embro Company, Inc.3 and three of the adverse parties have responded to the show cause order but none took a posit...
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325 F. Supp. 23 (1971) Theresa SAIZ, individually and on behalf of her minor son Anthony Joseph, and all others similarly situated, Plaintiffs, v. M. B. GOODWIN, Mrs. L. J. Coyne, Ray Pax, Mrs. Hannah Best and L. B. Engle, individually and as members of the Board of Health and Social Services Department of the State of New Mexico, and John G. Jasper, its Director, Defendants. Civ. No. 8739. Unite...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. This is a civil action for infringement of trademarks registered in the United States Patent Office, 15 U.S.C. § 1114, as amended, and for unfair competition, namely common law trademark infringement, and is joined with a substantial and related claim under the Act of July 5, 1946, 60 Statutes 437. This court has jurisdiction under 15 U.S....
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DECISION On July 15, 1964 the plaintiff employed Smith, Barney & Company, who are investment bankers, advisers and stockbrokers, as plaintiff’s agents to find a purchaser for and to sell on plaintiff’s behalf 2800 shares of TRG stock at $46 a share upon a private offering and investment letter basis. Defendants’ Exhibit 301 in evidence, the letter of July 15, 1964, from Radiation Dynamics, Incorp...
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Memorandum of Decision and Order This is a motion pursuant to Rule 41 (e) of the Federal Rules of Criminal Procedure for the suppression of intercepted telephone conversations and physical evidence consisting of heroin and cocaine seized on July 25, 1968, in front of premises 400 Central Park West, in the Borough of Manhattan, and cocaine seized in apartment 10B of said premises. The court held ...
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MEMORANDUM AND ORDER This is a motion to dismiss for lack of diversity jurisdiction filed by defendant, Margaret E. Driscole, based upon the contention that plaintiff manufactured jurisdiction by appointing an out-of-state guardian for the plaintiff, a minor. The suit arises out of injuries allegedly sustained by the plaintiff, Don Repella, a minor, who while riding a bicycle was allegedly hit and...
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MEMORANDUM AND ORDER Defendant, Anthony Michael Medina, was indicted in connection with the robbery of the Girard Trust Bank, Roosevelt Boulevard Office, 2809 Comly Road, Philadelphia, Pennsylvania, on July 25, 1969. In the indictment Medina was charged with conspiracy with one Raymond Brahm and Dorothy Mae Roberts to commit the crime, and with having actually committed the robbery with Mr. Brahm....
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OPINION AND ORDER Plaintiffs seek to set aside an order of the Deputy Commissioner denying them compensation under the Longshoremen’s and Harbor Workers’ Compensation Act (hereinafter Longshoremen’s Act), 33 U.S.C. § 901 et seq., for an accident in which plaintiffs’ decedent was drowned. Intervener, Public Contracting Corporation (Public) is a contractor for whom decedent’s employer was subcontra...
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In this case plaintiff McGraw sued defendant, States Marine Lines, for injuries sustained on a U. S. Navy launch which was transporting plaintiff from defendant’s ship to shore. Defendant joined the United States as third-party defendant and the plaintiff’s case was tried to a jury. During the trial we found as a matter of law that the launch was an appurtenance of defendant’s ship and that if the...
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MEMORANDUM OPINION This matter comes before this Court on a Petition for Review of an Order by the Referee in Bankruptcy in which the Referee enjoined the Pennsylvania Lumbermens Mutual Insurance Company (hereinafter Lumbermens) from cancel-ling fire insurance policies covering the properties of Merritt Lumber Co., Inc., the debtor. The background of this matter is as follows: The debtor, a r...
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OPINION AND ORDER Plaintiffs allege that they are the beneficiaries of the death action resulting from the death of James Ivey, who, *1074 plaintiffs allege, was shot and killed by defendants Arnold and Rooker, officers of the Memphis Police Department, while the officers were investigating a burglary attempt and' while he was fleeing from an arrest by those officers. Plainti...
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MEMORANDUM AND ORDER Plaintiff sues for unpaid salary, for damages for breach of employment contract, and for exemplary damages. Defendant has moved to dismiss for three different reasons. The first reason is a lack of jurisdiction over the person of this Defendant, which is supported by affidavit setting forth facts hereinafter discussed which are uncontroverted and Plaintiff has requested no ...
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MEMORANDUM OPINION Plaintiff Stuyvesant Insurance Company brought this suit, asking the Court to declare that it has no liability under an insurance policy issued to Defendant Harris Lasseigne covering the wooden trawler NOLAN R. There was a collision in the Gulf of Mexico on June 20, 1965, between the HAZEL FOSTER, which sank at the site, and the NOLAN R, which sank while returning to sh...
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OPINION AND JUDGMENT The petitioner, James Lee Sims, seeks relief in this court from his alleged illegal detention by the respondent, Superintendent of the Virginia Penal System, pursuant to 28 U.S.C. section 2241. Petitioner was indicted by a grand jury in Rockingham County on December 18, 1967. On February 23, 1968 at his trial before a jury he entered a plea of not guilty. Although assisted by ...
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MEMORANDUM OPINION AND ORDER This is an action seeking judicial review of administrative action pursuant to 5 U.S.C. § 701 et seq., and also an original proceeding pursuant to 5 U.S.C. §§ 7151, 7154, the First Amendment to the United States Constitution, and 28 U.S.C. § 1343(4), seeking redress for infringement of plaintiff’s constitutional rights to be free from religious discrimination. Essentia...
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*1143OPINION This patent infringement suit was brought pursuant to 35 U.S.C. § 281 seeking injunctive relief under 35 U.S.C. § 283 and money damages under 35 U. S.C. § 284. Jurisdiction is based upon 28 U.S.C. § 1338(a). The case is presently before the Court on a motion to transfer. The complaint alleges that Singer-General Precision, Inc. (“Singer-GP”) and Allstate Insurance Company (“Allstate”...
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ORDER This petition for injunctive relief came on to be heard upon the pleadings, testimony of witnesses, introduction of evidence and statements by counsel in open court. Jurisdiction is predicated upon diversity of citizenship. The A. M.E, Church is a Pennsylvania corporation which has minimum contacts with Georgia through its property holdings, Morris Brown College, Ministers and Officers trave...
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324 F. Supp. 287 (1971) UNITED STATES of America v. NORTHSIDE REALTY ASSOCIATES, Inc., and Ed A. Isakson. Civ. A. No. 13932. United States District Court, N. D. Georgia, Atlanta Division. March 4, 1971. *288 *289 John N. Mitchell, Atty. Gen., Jerris Leonard, Asst. Atty. Gen., Washington, D. C., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., Frank E. Schwelb, Thomas M. Keeling, Attys., Dept. of J...
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MEMORANDUM This matter is before the Court on petitioner’s motion to vacate judgment and sentence under the provisions of 28 U.S. C. § 2255. Petitioner has been convicted in this Court on two occasions: the first conviction was before Judge Harper in cause No. 62 Cr. 12(2), theft from interstate shipment, 18 U.S.C. § 659; the second conviction was before Judge Meredith, in cause No. 64 Cr. 202(2),...
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MEMORANDUM OPINION AND ORDER This case involves a claim under the Federal Tort Claims Act. The following facts were stipulated. 1. The plaintiffs, George E. RiveraGrau and William D. Roberts were, at the time of the accident and at all times relevant thereto, members of and serving on active duty in the United States Air Force, stationed at Kirtland Air Force Base, Albuquerque, New Mexico. 2. On t...
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MEMORANDUM OF DECISION AND ORDER The plaintiffs seek in this action to set aside, vacate, annul, or otherwise suspend a report and order of the Inter*1292state Commerce Commission granting a certificate of public convenience and necessity to the intervening defendant, Pilot Freight Carriers, Inc., to operate as a motor common carrier over described regular routes from much of the Northeast into F...
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OPINION In 1967, Max Goldman and Maurice Goldman, partners, doing business as M & M Auto Sales, instituted suit in this court against Associates Discount Corporation on claims arising out of business dealings between the partnership and the defendant. The defendant brought a Counter-claim against the partnership and each of the partners for monies claimed due it out of the same transactions. In 1...
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ORDER Plaintiff, as trustee for the bankrupts Hudson Studios, Inc., and John H. Hud*956son, and Associates, Inc., brings this action to set aside an alleged preference under the provisions of the Bankruptcy Act.1 After issues were joined and discovery complete, the cause was scheduled for non-jury consideration, and thereafter the court scheduled and administered a pretrial proceeding, held Octob...
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MEMORANDUM DECISION On January 4, 1965, Victor Langdeau was convicted, upon his entry of a plea of guilty, of the crime of indecent molestation of a child in violation of the provisions of S.D.C. 13.1727 (Supp.1960), now S.Dak.Comp.Laws 22-22-7 (1967). He received a ten year sentence which he is currently serving, less credit given *828for approximately six months of time spent in custody awaiting...
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MEMORANDUM AND ORDER I. Preface This controversy concerns secondary school discipline. Plaintiff, an eighth grade student, by her father as next friend, sues a school district, its board of trustees, and various school officials. Plaintiff was suspended from the Jackson Intermediate School for the remainder of the spring term as disciplinary action for her disobedience to cer...
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OPINION Petitioner is confined by the Commonwealth of Virginia on account of conviction of rape. He has filed, in forma pauperis, a petition for writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241. On June 21, 1958, the petitioner was arrested upon a warrant issued that same date charging him with the rape of a ten year old child. On July 7, 1958, an indictment was returned on th...
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DECISION and ORDER The defendants have moved to quash the service of the summons and complaint on the ground that the defendants are not within the jurisdiction of the court. All of the defendants were served outside the state of Wisconsin. The complaint itself asserts that each defendant’s address is unknown to the plaintiff. However, in support of his contention that the court has jurisdiction ...
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MEMORANDUM AND ORDER This matter comes before the Court under 28 U.S.C. § 2255 to set aside defendant’s sentence entered upon his plea of guilty to the offense of refusing to submit to induction. 50 U.S.C.App. § 462. The basis for the motion is that the guilty plea was allegedly not a knowing and intelligent plea. The background of the present proceeding is of some importance. At his arraignment, ...
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*208FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. This suit was brought following denial by the Veterans Administration of an administrative tort claim filed by Edna Campbell, widow, as a result of the death of her 55 year old husband, William J. Campbell, Jr., while surgery was being performed on him (Campbell) as a patient at the Veterans Administration Hospital, Gainesville, Flor...
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ORDER DENYING APPLICATION TO EMPANEL THREE-JUDGE DISTRICT COURT Complainants attack as unconstitutional and in violation of the due process clause of the Fourteenth Amendment of the Constitution of the United States certain Georgia statutes, identified in the complaint, relating to the establishment of the joint City/County Board of Tax Assessors of the City of Atlanta and *735Fulton County, Geor...
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Represented by privately retained counsel, Arthur Turco has filed a petition for habeas corpus relief in this Court under 28 U.S.C.A. § 2254 and, in the alternative, for removal of a pending criminal prosecution from the Criminal Court of Baltimore to this Court under the provisions of 28 U.S.C.A. § 1443. The petitioner is now confined in the Baltimore City Jail awaiting trial in the Criminal Cour...
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On March 27, 1966, a fire occurred in a tobacco warehouse in Hughesville, Maryland, belonging to Farmer’s Warehouse, Inc. (“Farmer’s Warehouse”), completely destroying 7526 bales of tobacco owned by General Cigar Co., Inc. (“General Cigar”). The tobacco was insured under two separate policies issued by Home Insurance Company and General Cover Underwriters Association, who paid General Cigar a t...
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MEMORANDUM OPINION In this action, plaintiffs seek the recovery of United States income taxes for the years 1962, 1963 and 1964 resulting from an assessment made on or about January 15, 1970, which was more than three years after the returns for each year were filed. As an affirmative defense, defendant alleged in its answer that plaintiffs, with intent to evade taxes, had filed fraudulent and fa...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DENYING PETITION FOR HABEAS CORPUS In his prior petition in this Court for a writ of federal habeas corpus, Genovese v. Ciccone (W.D.Mo.) Civil Action No. 18967-3, petitioner, a federal convict confined in the United States Medical Center for Federal Prisoners, complained of improper medical treatment. After the filing of...
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MEMORANDUM This is an action brought by plaintiff, So Good Potato Chip Company, to obtain an injunction to permanently enjoin the defendant, Frito-Lay, Inc., from manufacturing, selling, and distributing “Fritos”, “Doritos”, “Fandangos”, and “Intermission” brand corn chips and any other corn chips within the licensed territory granted by defendant to plaintiff under a franchise agreement, dated Se...
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MEMORANDUM Plaintiff has moved by order to show cause for a preliminary injunction against defendants’ alleged infringement of a copyrighted fabric design. A temporary restraining order, issued by Judge McLean on January 6, 1971, after adversary submissions, has remained in effect until now. For the reasons given below, the motion for a preliminary injunction will be granted. *153...
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OPINION AND ORDER Introduction : The Court in this non-jury Civil Rights case has heard the evidence, the arguments of counsel and having reviewed the briefs and other documents submitted by the parties enters the following Findings of Fact, Opinion and Conclusions of Law. A. FINDINGS OF FACT 1. The plaintiff, Lawrence Axtell, is a fourteen year old minor presently enrolled in the ninth g...
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OPINION AND ORDER There is before the Court at this time a Motion for Protective Order filed by defendant. The action is docketed at Erie, Pennsylvania. Plaintiff is a resident of Ashtabula County, Ohio, and the defendant is a resident of Erie County, Pennsylvania. Notice had been served for taking depositions of witnesses one o.f whom was a resident of Ashtabula County, Ohio, at Pittsburgh and of...
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JUDGMENT This is an action brought under 28 U.S.C. 1343; 42 U.S.C. §§ 1981, 1983; 28 U.S.C. §§ 2281, 2284, and 28 U.S.C. §§ 2201, 2202; being an action on behalf of plaintiffs for themselves and all others similarly situated seeking injunctive relief and a declaration that Arizona Revised Statutes, § 11-297 1 as amended, is unconstitutional insofar as it requires in non-emergency cases that a...
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ORDER This cause came on for hearing on February 8, 1971 upon motions of the individual and corporate defendants, other than B. F. Goodrich Co., to dismiss the complaint and, alternatively, to dismiss or to transfer the cause to the United States District Court for the Middle District of Florida. The Court also entertained a motion on that day by the B. F. Goodrich Co. to stay these proceedings pe...
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FINAL JUDGMENT This matter comes before this Court ripe for final decision. Evidence has been taken, argument of counsel has been heard, and the Court is advised. Before the Court at this hearing are the recent opinions of the Supreme Court of the United States entered on February 23, 1971, such being as follows: Younger v. Harris, 400 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Boyle v. Landry,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW After plaintiff had brought two suits in the State Court, the first on October 30, 1969, and the second on May 6, 1970, both of which were dismissed, she brought a suit in rem in this Court against the vessel and in personam against its owner. Plaintiff alleges that on or about August 23, 1969, the Motor Vessel DIANA collided with a small boat in the St. Jo...
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On a previous day the defendant, Canadian Universal Insurance Company (hereafter Canadian) brought on a motion for summary judgment seeking to be dismissed from the case as the insurer of the codefendant, James E. Dean Marine Divers, Inc., (hereafter Marine Divers) on the theory that the insurance policy covers an express exclusion for the claimed coverage. The Court, having heard oral argument an...
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MEMORANDUM OF DECISION ON PLAINTIFFS’ APPLICATION FOR A PRELIMINARY INJUNCTION Plaintiffs are the owners and operators of a 500-unit multiple dwelling housing project within the City of Boston. This project, known as “Castle Square,” was financed and developed under Section 221(d) (3) of the National Housing Act. 12 U.S.C. § 17151(d) (3). Defendants constitute the Rent Board of the City o...
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OPINION This is a civil action of tort for personal injury which came before this court upon defendant’s motion to dismiss the action without prejudice on the basis of the doctrine of forum, non conveniens. At the hearing, counsel for the parties were in virtual agreement as to the underlying facts. For purposes of this motion the following chronology is taken by the court as true, on the basis *1...
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OPINION This is an action under Section 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a) in which a union prays that a company be ordered to submit to arbitration two grievances alleged to fall within the scope of the arbitration provisions of a collective bargaining agreement. Plaintiff and defendant have each filed motions for summary judgment. Greyhound Lines, Inc. (her...
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OPINION Under its collective agreement with the plaintiff, National Maritime Union of America (NMU), covering the three years ending June 15, 1972, the defendant, Commerce Tankers Corporation, promised not to transfer either of its two ships unless the purchaser agreed to assume the obligations of the union contract. Nevertheless, without informing the Union, defendant, in December 1970, ...
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OPINION Defendant Robert Jones was found guilty April 7, 1970, by jury verdict on all counts of a four-count indictment charging illegal sales of narcotic drugs. He seeks a judgment of acquittal as to the two counts relating to an alleged sale of heroin July 11, 1968, and a new trial on the two counts relating to an alleged July 2,1968, sale. The defendant was indicted on these four counts Decembe...
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325 F. Supp. 485 (1971) UNITED STATES of America, Plaintiff, v. Kermit Burdine STUBBLEFIELD, Defendant. Crim. A. No. 7185. United States District Court, E. D. Tennessee, Northeastern Division. March 2, 1971. John L. Bowers, Jr., U. S. Atty., W. Thomas Dillard, Robert E. Simpson, Asst. U. S. Attys., Knoxville, Tenn., for plaintiff. James E. Brading, Johnson City, Tenn., Court-appointed, for defend...
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OPINION and JUDGMENT Shortly after midnight on September 3, 1967 Curtis A. Griffin, Margaret L. Griffin, and Curtis A. Griffin, Jr. were traveling in an automobile in Pittsylvania County, Virginia when they were involved in a collision with an automobile driven by Hardin Junior Combs. Subsequently they each instituted suit against Combs and on July 23, 1969 recovered default judgments of $35,000,...
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Petitioner, presently incarcerated at the United States Penitentiary, Leavenworth, Kansas, moves to vacate a 20 year sentence of imprisonment imposed by then Chief Judge Robert P. Anderson in this Court on April 8, 1963 upon petitioner’s plea of guilty, while represented by court appointed counsel, to a charge of kidnaping in violation of 18 U.S.C. § 1201(a). Sentence was imposed pursuant to 18 U....
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was submitted to the court for consideration and decision by counsel for the parties based upon a completely stipulated record. Plaintiffs filed this action in an effort to recover deficiencies in Federal income tax and interest for the calendar years' 1961 and 1964. The sole issue involves a question of whether or not Plaintiffs are *708 enti...
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OPINION This is a civil action brought by eight female employees of Raytheon Company against Raytheon Company, the Commonwealth of Massachusetts, and the *392 State Commissioner of the Department of Labor and Industries. Jurisdiction of this court is invoked under 28 U.S.C. § 1331(a), 28 U.S.C. § 1343(4), and 42 U.S.C. § 2000e-5(f). Declaratory relief is sought pursuant to 28 U.S.C. §§ 2201...
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323 F.Supp. 499 (1971) UNITED STATES of America, Plaintiff, v. Kenneth L. ROSENSTENGEL, Defendant. No. 70 CR 286(2). United States District Court, E. D. Missouri, E. D. March 1, 1971. Daniel Bartlett, Jr., U. S. Atty., Peter T. Straub, Asst. U. S. Atty., St. Louis, Mo., for plaintiff. Richard L. Hughes, Mogab, Hughes & Green, St. Louis, Mo., for defendant. *500 MEMORANDUM OPINION AND ORDER ...
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MEMORANDUM AND ORDER GRANTING JUDGMENT IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS This is an action brought pursuant to the provisions of 42 U.S.C. §§ 1981 and 1983 (The Civil Rights Acts) seeking declaratory judgment, injunctive relief, and damages for an alleged violation of plaintiff Jerry R. Wilson’s constitutionally-protected rights to free speech and association, and due process ...
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This is a motion by plaintiffs for a preliminary injunction (Fed.R.Civ.P. 65) restraining the commitment or disbursement of moneys for multiple dwelling units in the Town of Ramapo. After hearing and the taking of evidence, the motion must be denied. Plaintiffs are a large number of citizens living in unincorporated areas of the Town of Ramapo, Rockland County, New York. Defendants fa...
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DECISION ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT Ever since the verb “requaer” was coined in the now dead Latin language, its meaning — and the meaning of its derivatives — has been completely evasive, lacking context. Hence this case. This is an estate tax refund case involving the estate of one Cora S. Stern. She died a resident of New York in 1965 at the age of 96. Her gross estate, ...
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OPINION AND ORDER On May 21, 1970, Frank Proie, the defendant in two judgments obtained in this court by the plaintiffs, Proie Brothers, Inc. and John Proie, filed a motion to set-off three judgments owned by Frank Proie against the judgments in favor of the plaintiffs. On November 6, 1970, the defendant filed an amendment adding a fourth judgment owned by him to his motion to set-off. A statemen...
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OPINION AND ORDER The above captioned causes are now before the Court in connection with the following matters: I. Motion of Manuel San Juan Company, Inc * and Insular Underwriters Corporation (Insular), dated January 25, 1971, filed in action 797-70, whereunder said movants pray for extension of Paragraph II of the December 1st, 1970 Order to action 958-70 ; 1 and for an order directing ...
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OPINION This is a petition for a writ of habeas corpus, under the provisions of 28 U.S.C. § 2241(c), by Robert Michael Duff, a member of the United States Navy, stationed at the Newport Naval Base, at Newport, Rhode Island, to test the legality of his detention in the Navy. Upon the filing of said petition and after a consideration of its allegations, I entered an order to show cause under the pro...
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MEMORANDUM This case involves review of the decision of the Secretary of Health, Education and Welfare that Richard T. Keys, born February 4, 1963, is not entitled to a child’s insurance benefit. 42 U.S.C. § 402(d). Jurisdiction is under 42 U.S.C. § 405(g). George R. Keys, a resident of Roane County, Tennessee, was awarded disability insurance benefits, 42 U.S.C. § 423, effective December, 1964. R...
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QUESTIONS PRESENTED Petitioner Tropiano’s motion to vacate sentence, pursuant to 28 U.S.C. § 2255 (1964), presents the questions (1) whether the refusal of counsel for co-defendant Grasso to permit Grasso to testify at the trial (assuming arguendo the truth of such allegation) denied Tropiano his Sixth Amendment right to counsel and his Fifth Amendment right to due process; and (2) whether such te...
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The Constitution of the United States, Article I, Section 8, provides that the Congress shall have power “to raise and support Armies”; and to “provide and maintain a Navy.” Article 2, Section 2 provides that “the President shall be Commander-in-Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; * * W...
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MEMORANDUM OPINION Before VAN OOSTERHOUT, Circuit Judge, STEPHENSON, District Chief Judge, and HANSON, District Judge. This action is one instituted by William Moyer for injunctive and declaratory relief. At issue is the constitutionality of the Iowa justice of the peace fee system, the claim being that it is unconstitutional on the ground that the fee justice has a substantial pecuniary interest ...
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MEMORANDUM Petitioner, Franklin DeWayne Calvert, was convicted at a jury trial in the United States District Court for the Western District of Kentucky on December 8, 1967, for aiding and abetting in the robbery of a bank in violation of 18 U.S.C. § 2113(b). Calvert was also charged with and convicted for conspiracy to rob the bank in violation of 18 U.S.C. § 371. An appeal from the judgment' of t...
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The Illinois Central Railroad Company has brought this suit against Ready-Mix Concrete, Inc., seeking recovery of $33,737.50 in demurrage charges which allegedly accrued from December 23, 1965, to September 3, 1966. Demur-rage is a daily rate charged by a railroad to a consignee (such as defendant) on each railroad car which the consignee fails to unload within a certain time after the car has bee...
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MEMORANDUM DECISION Plaintiff Wyman Nelson Enterprises, Inc. (Wyman Nelson), a franchisee of plaintiff PPHI, Inc., an Ohio corporation, is the owner and operator of a number of restaurant facilities in Minnesota. These restaurants utilize a trade designation “Cake & Steak” which is part of the franchise arrangement. Defendant, a Delaware corporation apparently headquartered in Illinois, claimed t...
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MEMORANDUM OPINION This action involves the constitutionality of Miss.Code 1942, Ann. §§ 6798 and 6799 (Rec.1956).1 The complaint was filed January 20, 1970, and amendments were filed on February 6, 1970, February 25, 1970 and March 6, 1970. Pursuant to the prayer of the complaint a District Court of three judges composed of Circuit Judge Charles Clark and District Judges William C. Keady and Orma...
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MEMORANDUM OPINION On October 14, 1969, at approximately 12:20 p. m., a collision occurred between the M/V ELAINE JONES and the Eads Bridge, a fixed structure spanning the Mississippi River at St. Louis, Missouri, and connecting East St. Louis with the City of St. Louis. The collision resulted in damages to the bridge, the ELAINE JONES, and the death of the pilot, George L. Griffith. ...
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*775OPINION AND ORDER After conviction on a homicide charge in 1960, relator was sentenced to life imprisonment in the New Jersey State Prison. His petition for writ of habeas corpus does not attack that sentence, which he is presently serving. Rather, he contends that: (1) The circumstances surrounding his plea of guilty to a burglary charge in Maricopa County, Arizona, on December 13, 1948, rend...
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ORDER The Court has under consideration the Motion of Plaintiff to Dismiss the Cross-Claim of the Defendant Trobaugh against certain of her Co-defendants. Trobaugh suffered burns when gasoline being used to clean the floor of a Tastee-Freez drive-in ignited. She was apparently working at the drive-in under the direction of the Defendant Jake Feinberg at the time of the accident. She sued all of h...
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OPINION Defendant, James Hamilton, was convicted of two counts of transporting in interstate commerce forged securities, i. e., two Travelers Express Money Orders, in violation of Section 2314 of Title 18, United States Code. He moves for a new trial on these grounds: 1. That the verdict was against the evidence, the weight of the evidence and the law; 2. That it was error to permit an agent of th...
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OPINION Libellant, a longshoreman, brought suit against defendant shipowner seeking to recover damages for personal injuries allegedly sustained as a result of defendant’s negligence and breach of the warranty of unseáworthiness. Presently before the Court is defendant’s motion for summary judgment. Having reviewed the record, we find no dispute as to the material facts which are as follows: Libe...
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MEMORANDUM Mrs. Hazel Mahone charges her employer with violation of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e. After exhausting available administrative remedies without relief, she requested that counsel be appointed to assist her in filing a suit. Her initial request was denied. She renewed her application, and an affidavit and later a supporting brief, both prepared by the Eq...
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OPINION and ORDER From a hearing on the Government’s motion to dismiss, and plaintiff’s motion for summary judgment, it emerges that the facts in this case are not substantially in dispute. Plaintiff, Century Arms, Inc., is a Vermont corporation engaged in the importation and sale of firearms for law enforcement and sporting purposes. Be *1004 tween June of 1967 and Augu...
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MEMORANDUM OPINION The question presented in this case is whether payments received by the plaintiff as the widow of a deceased judge from the West Virginia Judges’ Retirement Fund are covered for federal income tax purposes by Sections 101(a) and 101(d) of the Internal Revenue Code of 1954, as plaintiff contends, or by Sections 101(b) and 72(b) as contended by the Government. In 194...
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DECISION and ORDER The complaint in this ease seeks to bar the defendants from requiring the plaintiff to respond to active duty orders which had been issued to him. The plaintiff asks for a writ of habeas corpus, requiring the defendants to release him from the army’s custody and also for a writ of mandamus which would compel the defendants to cancel the plaintiff’s involuntary active duty orders...
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MEMORANDUM OF DECISION This case has been brought under 28 U.S.C. § 1346(a) (1) for the recovery of estate taxes alleged to have been erroneously collected from the Estate of Mary Lou Young Johns, deceased. The sole issue for decision 1 by the court is whether certain shares of stock, registered in the name of decedent and her husband, are to be excluded from her “gross estate”. FINDINGS OF...
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Plaintiff has moved this Court for an order dismissing the complaint as to the defendant Contra Costa Water District, or, in the alternative, for an order for summary judgment in fayor of the plaintiff that said defendant is not entitled to any compensation. A summary of the pertinent facts is as follows: The United States Government brought condemnation proceedings against the City of Port Chicag...
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ORDER OF DISMISSAL Plaintiff is a medical doctor, licensed to practice in California, who has been arrested and charged with violations of *1143Calif.Pen.Code §§ 274 and 664.1 These are the statutes which provide criminal penalties for any person who provides or procures an abortion except as provided by California’s relatively new Therapeutic Abortion Act (Calif.Health and Safety Cde. § 25950 et ...
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RULING ON DEFENDANT DICK’S MOTION TO DISSOLVE ATTACHMENT The question presented is whether the plaintiffs’ prejudgment attachment of defendant Dick’s real property constitutes a taking of property in violation of the due process clause of the Fourteenth Amendment. On or about May 1, 1970, the plaintiffs instituted this action seeking $4,-500,000 plus interest in damages against the d...
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ORDER On January 8, 1971, the United States Attorney for the Northern District of Georgia petitioned this Court for an order to show cause why a search warrant should not be executed against a carton of paperback books referred to in the affidavit of Special Agent John J. Langsfeld, Federal Bureau of Investigation, attached thereto, which carton was then in the possession of Ryder Truck Lines, 230...
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*1030ORDER The Complaint in this case asks for declaratory judgment as to unconstitutionality of application of the Georgia law in regard to homestead exemption. The Complaint asks for the convening of a three-judge Court and injunctive relief as to enforcement of the Georgia law. Plaintiff filed his voluntary petition with the Bankruptcy Court on October 13, 1970 and he was adjudged a bankrupt. D...
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DECISION ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT’S MOTION TO STRIKE MEMORANDUM OF INTERVENOR Pursuant to proper resolutions authorizing issuance and sale thereof by its Council in 1964, 1965 and 1968, the City and County of Honolulu [City] issued and sold the following Improvement District Bonds: 152 Palolo Valley — Redeemable after Feb. 5, 1965 5% — Payable Feb. 5, 1983 ...
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325 F.Supp. 1 (1971) Libby Marie SENNETT, acting in her own behalf and as personal representative of the Estate of Albert L. Sennett, Plaintiff, v. SHELL OIL COMPANY, Defendant. Civ. A. No. 70-1624. United States District Court, E. D. Louisiana, New Orleans Division. February 25, 1971. *2 Harris M. Dulitz, John R. Martzell, Leo Unger, New Orleans, La., for plaintiff. Al J. Moore, New Orleans, La....
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OPINION AND ORDER This is an indemnity action by Walter Hawthorne against the Liberty Mutual Insurance Company, hereinafter called “Liberty Mutual”, to recover the amount of a judgment entered against Walter Hawthorne in the case of William W. Simms, Limited Administrator of the Estate of William W. Simms, Jr., Deceased v. Robert Hawthorne, Inc., Defendant and Third-Party Plaintiff vs. Walter Haw...
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OPINION This case presents a cause of action brought solely under the Pennsylvania Survival Act [20 P.S. §§ 320.601-603] which provides that all causes of action shall survive the death of the party (with exceptions not relevant here). Under this Act the estate of a decedent is entitled to damages for the loss of earning power of a decedent for his life expectancy less the cost of his maintenance...
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MEMORANDUM This is an action to recover income tax paid for the year 1966 after assessment by the Internal Revenue Service. Proper claims for refund were filed, denied, and this suit was timely commenced. Two questions are involved, i. e.: (1) Whether legal and accounting fees incident to certain corporate mergers *1129and purchase of minority stockholders are deductible as ordinary and necessary...
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MEMORANDUM OPINION AND ORDER Plaintiff was employed by the Texas Employment Commission, Austin District Office, as a Labor Market Analyst, Class 1, until May 29, 1970, at which time she was involuntarily terminated because she was pregnant. This termination was pursuant to a maternity leave policy maintained and enforced by the Defendants. Defendants stipulate that Plaintiff was a qualified emplo...
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MEMORANDUM OPINION Thomas Clifton Matthews was a stockholder in Conlon Baking Company, a West Virginia corporation, which was engaged in the business of producing bakery products in a plant at Charleston, West Virginia. On December 18, 1962, Conlon and Storck Baking Company entered into an agreement which gave Storck the option to purchase certain assets of Conlon including the land and operating ...
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ON MOTIONS FOR SUMMARY JUDGMENT MEMORANDUM OPINION It appears that all matters and issues involved in these consolidated cases are fully determinable in criminal cases instituted against the plaintiff R. E. Engstrom in courts of general jurisdiction of the State of Alabama before the filing of the complaints in these cases. In the case of Graham v. Brewer, as Governor, N.D.Ala.1968, 295 F.Supp. 11...
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MEMORANDUM OF DECISION These cases, consolidated for trial, seek a recovery under 28 U.S.C. § 1346 (a) (1) of income taxes alleged to have been erroneously collected from the plaintiffs for the year 1966. The sole issue *1167for decision is the determination of the basis of certain real estate sold by them in that year. The cause has been submitted upon the complaint, answer, provisions of the pre...
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MEMORANDUM OPINION AND ORDER This case raises the question whether an indigent person who files a petition in bankruptcy must pay a filing fee in order to be entitled to a discharge. On April 6, 1970, petitioner Smith sought leave of the bankruptcy court to proceed in forma pauperis. In an affidavit accompanying her motion, she alleged the facts of her indigence and ...
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RULING ON MOTION FOR SUMMARY JUDGMENT When this action in forma pauperis was commenced, the plaintiff sought injunctive relief and damages in an unspecified amount. Before the case came on for hearing, plaintiff’s counsel informed the court that the plaintiff’s property which was the subject matter of this case had been returned to him and that the record should be enlarged to include tha...
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OPINION This action was instituted on January 29, 1970 in the Court of Chancery of the State of Delaware in and for New Castle County. Thereafter, on February 27, 1970 the action was removed to this Court by the defendants. The removal petition alleged that the plaintiff, Charles Unanue (“Charles”) was a “resident” of New York, that defendant, Caribbean Canneries, Inc. (“Caribbean”) was a...
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OPINION This opinion will mark the reported beginning of the federal chapter of the continuing legal dispute between the State of Delaware and the Pennsylvania New York Central Transportation Company (“Penn Central”) 1 concerning Penn Central’s dike and fill operation on a certain portion of the Delaware River. 2 The case is presently before the Court for decision on...
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325 F. Supp. 130 (1971) John NICHOLS, Plaintiff, v. UNITED STATES of America et al., Defendants. Civ. A. No. T-4761. United States District Court, D. Kansas. February 24, 1971. *131 *132 Sam A. Crow, John E. Wilkinson, Topeka, Kan., M. C. Slough, St. Marys, Kan., for plaintiff. Robert J. Roth, U. S. Atty., Edward H. Funston, Asst. U. S. Atty., Topeka, Kan., Harland F. Leathers, Jeffrey F. Axelrad...
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324 F. Supp. 578 (1971) Fannie SMITH, Admx., Plaintiff, v. OLSEN & UGELSTAD, Defendant. OLSEN & UGELSTAD, Plaintiff, v. DETROIT HARBOR TERMINALS, INC., Defendant. Civ. A. Nos. 32042, 32126. United States District Court, E. D. Michigan, S. D. February 24, 1971. *579 Samuel Posner, Posner & Posner, Detroit, Mich., for plaintiff Fannie Smith. John L. Foster of Foster, Meadows & Balla...
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OPINION Joseph Pesce, a longshoreman, was injured during the unloading of the M/S Black Tern when he caught his right foot between dunnage boards while carrying cartons to a palate. Four men, including Pesce, were working in the starboard wing of the No. 2 ’tween deck, unloading cartons *555which were stacked approximately six feet high. Each man was working in a space he had made for himself by ...
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MEMORANDUM OPINION AND ORDER White Motor Corporation (Motor) is an Ohio corporation, and White Consolidated Industries, Inc. (Consolidated), is a Delaware corporation, but based in Cleveland, Ohio. The two were originally one firm, but for most of this century have had separate identities. In recent years both firms have expanded greatly in size and scope: since 1953 Motor has acquired eight fi...
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MEMORANDUM OPINION Having exhausted all available state court remedies the relator has presented to this Court his petition for a writ of habeas corpus. The state court record is adequate for a determination of the merits of the relator’s contention and no evidentiary hearing is required. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963). Since the facts are not in dispute, there ...
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ORDER This is a direct action in tort between plaintiffs, residents of the Commonwealth of Puerto Rico, and The British America Assurance Company, a corporation organized under the laws of the province of Ontario, Canada. The original complaint filed on June 22, 1970, invoked the jurisdiction of the court under 48 U.S.C. § 863. Defendant filed a motion to dismiss alleging that such jurisdiction wa...
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FINDINGS OF FACTS, CONCLUSIONS OF LAW AND JUDGMENT This is an action brought by plaintiff José A. Ramos, to recover from the defendant National Biscuit Company overtime compensation. The claim is based under the Federal Labor Standards Act of 1938, as amended, 29 U.S.C. *1311§ 201, Law 379 of May 15, 1948, as amended, 29 L.P.R.A. §§ 271-288, Law 2 of Oct. 17, 1961, 32 L.P.R.A. §§ 3114-3132 and Man...
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*396OPINION These cases rest upon a determination of the constitutionality of the procedures- employed by petitioner in bringing the allegedly obscene magazines and books in question before this Court. The novelty of those procedures justifies their detailed consideration. FINDINGS OF FACT 50 MAGAZINES On September 15, 1970, petitioner made application for a warrant to search the premises of Impe...
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MEMORANDUM DECISION This matter reaches this court by reason of a motion by the government for a determination of the amount of interest due the plaintiffs in certain condemnation actions enumerated above. These actions arise out of the acquisition by the government of individual Indian lands on the Lower Brule and Crow Creek Sioux Indian Reservations in South Dakota. The land in question was acq...
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335 F. Supp. 775 (1971) FORD MOTOR COMPANY, Plaintiff, v. W. F. HOLT & SONS, INC., Defendant and Third-Party Plaintiff, v. BRISTOL STEEL AND IRON WORKS, INC., Third-Party Defendant. Civ. A. No. 5384. United States District Court, M. D. Tennessee, Nashville Division. February 24, 1971. *776 Maclin P. Davis, Jr., Nashville, Tenn., for plaintiff. W. E. Herod, Nashville, Tenn., for W. F. Holt &am...
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MEMOEANDUM OPINION This is an action by a trustee in bankruptcy under § 70e of the Bankruptcy Act (11 U.S.C. § 110(e)) to recover property of the bankrupt estate transferred to the defendants. The undisputed facts are as follows. On December 20, 1963, the Maxwell Electronics Corporation (the bankrupt) agreed to repurchase 8,500 of its capital shares from the defendants, James A. Justice, Glenn W....
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OPINION and JUDGMENT This action involves an effort by the plaintiff to set aside the defendant’s denial of social security disability benefits. The claimant applied on June 23, 1969 for the establishment of a period of disability and for disability insurance benefits pursuant to Sections 216(i) and 223 of the Social Security Act, 42 U.S.C.A. §§ 416 and 423. Plaintiff’s claim was denied initially ...
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MEMORANDUM OF DECISION This case, for the recovery under 28 U.S.C. § 1346(a) (1) of income taxes alleged to have been erroneously collected from the plaintiff, was submitted to the court upon an amended complaint, answer, an agreed stipulation of facts, and documents attached to such stipulation. The sole issue for decision is the validity vél non, as applied to the plaintiff under the facts ...
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324 F. Supp. 123 (1971) UNITED STATES of America v. Gary BOWDACH. No. 70-612-Cr-CA. United States District Court, S. D. Florida, Miami Division. February 23, 1971. James H. Walsh, Atty., U. S. Dept. of Justice, Miami, Fla., for the Government. Daniel S. Pearson, of Pearson & Josefsberg, Miami, Fla., for defendant. ORDER OF DISMISSAL ATKINS, District Judge. THIS CAUSE is before the Court on t...
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MEMORANDUM DECISION PRELIMINARY STATEMENT OF THE ACTION Plaintiff, Harrington Manufacturing Co., Inc., is a North Carolina Corporation and owner of the United States Patent No. 3,327,745, issued on June 27, 1967. The defendant is a resident of Florida. This is an action for damages to compensate for an alleged infringement, an injunction against further infringement and an award of costs and atto...
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*194 ORDER This is an action brought by a disabled plaintiff requesting judicial relief via review of an administrative decision from within the Social Security Administration and finalized by the Secretary of HEW. It is brought against the Secretary pursuant to 42 U.S.C.A. § 405(g). Plaintiff attempted to secure disability benefits from the Social Security as far back as 1957, according to...
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OPINION AND ORDER Before BELL, Circuit Judge, and HOOPER and HENDERSON, District Judges. These two cases were consolidated for hearing and decision. They involve the validity of certain eligibility factors in the Aid to Families with Dependent Children program (AFDC), as effectuated in Georgia. Plaintiffs moved for summary judgment. The state, on behalf of defendants, moved to dismiss for failure ...
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OPINION AND ORDER This cause is before the court on defendant’s motion to dismiss. Plaintiffs are seeking declaratory and injunctive relief under 28 U.S.C. §§ 1343(3), 2201, 2202 and 42 U.S.C. § 1983. The complaint requests that the second paragraph of § 6 of chapter 56%, Illinois Revised Statutes, be declared void on its face as in conflict with the Constitution of the United States; and that ...
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MEMORANDUM This proceeding is before the court on a motion by the defendants to dismiss for failure to state a claim upon which relief may be granted. Plaintiff, Mrs. Phyllis B. Hetrick, has instituted this action under section 1983 of Title 42, United States Code. On September 1, 1969, Mrs. Hetrick was given a one year contract to fill a permanent vacancy in the Faculty at Eastern Kentucky Univer...
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This case concerns the liability of a vessel, under maritime law, for a dockside injury to a longshoreman caused by pier-based equipment transferring cargo on the pier preparatory to loading. No ship’s gear or personnel were being used, nor was any crane, conveyor, or other land-based loading equipment directly involved. The operative facts are as follows: while Hempsal Sydnor, Jr., a longshoreman...
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MEMORANDUM OPINION AND ORDER This is an action brought under the Miller Act, 40 U.S.C. §§ 270a-270e. On April 26, 1968, defendant and counterclaimant 1 Pathman Construction (“Pathman”) entered into a contract with the United States of America, through its agent, the United States Navy Department, Naval Facilities Engineering Command, known as Contract No. N 62465-68-C0183, for construction wo...
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OPINION OF THE COURT This cause is before the Court for the second time, having been remanded by the Fifth Circuit. Court of Appeals in Cause No. 29229, October 29, 1970, 433 F.2d 969, with directions for this Court to pass on the issue of whether petitioner’s state court trial was invalid by reason of the alleged admission of illegal evidence against her in violation of her constitutional rights....
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Defendants Armando Pinero and Ignacio Pinero have been indicted on a charge of conspiring to steal goods from motor trucks moving in interstate commerce and to receive and possess such stolen goods. Both defendants move to dismiss the. indictment on the ground that they have been denied their right to a speedy trial. Armando Pinero moves to suppress certain evidence which was seized by FBI agents ...
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OPINION This case raises two issues: 1. Whether Reed v. The Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448 (1963), should be extended to one who is neither the owner nor the bareboat charterer of a barge; and 2. Whether the lease arrangement here placed the lessee in a position legally equivalent to that of an owner or a bareboat charterer. Plaintiff, a longshoreman, while performing work for ...
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OPINION The United States of America as prosecutor by motion seeks to compel the defendant, John Daryl Irwin, to provide it with handwriting exemplars. The defendant refused to do so, on the basis that such a demand is violative of his Fifth Amendment privilege against self-incrimination. On November 10, 1970, the defendant was arrested on a complaint charging him with interstate transportation of...
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MEMORANDUM OPINION AND ORDER The defendant, Dennis J. Bellafiore, was tried before the Court on January 18, 1971, on a waiver of jury trial. The charge is set forth in a one count indictment under 50 U.S.C. App. § 462 — refusing to submit to induction into the Armed Forces. To this charge, the defendant is found “not guilty”. FINDINGS OF FACT 1. Defendant first registered under the Selective Servi...
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SUR PLEADINGS AND PROOF The plaintiff, Harry Ginsberg, on July 22, 1963, for a consideration amounting to $33,000.00, acquired the rights and obligations of prior tenants under the terms of a written lease covering certain storeroom premises, located at 3839 William Penn Highway, Monroe-ville, Pennsylvania, wherein he conducted a delicatessen and sandwich shop business. Plaintiff continued to com...
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MEMORANDUM OPINION This is a medical malpractice case brought under the direct action statute of Puerto Rico against the Maryland Casualty Company which insures the Municipal Hospital of Yauco, Puerto Rico, its staff, and employees. There are two preliminary issues to be decided prior to trial: 1. The amount of insurance coverage available under the insurance policy; the defendant claims cove...
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ORDER * This case is presently before the Court upon judicial review of the final adverse decision rendered by the Secretary of Health, Education and Welfare denying plaintiff’s claim to disability insurance benefits and the corresponding period of disability. On October 2, 1970 defendant moved for summary judgment in his favor under Rule 56, Federal Rules of Civil Procedure, alleging the existenc...
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Claiming a violation of their First Amendment rights as a result of certain proceedings begun under Section 16-414.2, Code of South Carolina (1962), plaintiffs seek both injunctive and declaratory relief. We dismiss. The facts giving rise to this controversy are not in dispute. On March 13, 1970, the plaintiffs exhibited commercially at a theatre in Aiken, South Carolina, the film “Cherry, Harry a...
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324 F. Supp. 942 (1971) John Francis BISTRICK, Jr., a Minor over the age of Fourteen (14) years, by his Duly Appointed and Acting Guardian ad Litem, John Francis Bistrick, Sr., Plaintiff, v. The UNIVERSITY OF SOUTH CAROLINA, Defendant. Civ. A. No. 70-905. United States District Court, D. South Carolina, Columbia Division. Heard December 17, 1970. Decided February 23, 1971. *943 Patrick E. Treacy,...
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On this 23rd day of February, 1971, there was presented to the Court the Complaint in the above cause together with (1) a request for a temporary injunction restraining defendants from excluding plaintiffs from McCollum High School and (2) a request for injunctive declaratory relief enjoining defendants from enforcing certain Rules and Regulations referred to in plaintiffs’ Complaint as a “dress c...
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OPINION and JUDGMENT The plaintiff has brought this action pursuant to 42 U.S.C.A. § 405(g) to set aside the defendant’s denial of disability insurance benefits. On May 15, 1968 the plaintiff filed an application for benefits alleging that he became disabled on January 10, 1968. This application was denied initially, and again on reconsideration, then by the hearing examiner, and finally by the Ap...
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DECISION and ORDER These actions were filed against two alleged violators of the Rivers and Harbors Act of 1899, 33 U.S.C. § 407, by an individual acting as a private citizen. The defendant in each case has moved to dismiss the complaint. The plaintiff bases his right of civil action on that part of 33 U.S.C. § 411 which provides for the payment of a part of the fine assessed a person suc...
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DECISION and ORDER The plaintiff has moved for leave to file an amended complaint. The defendant, First Wisconsin National Bank, has opposed the proposed amendment. The action was started in the northern district of Illinois in September, 1966, to enforce two judgment liens arising out of judgments entered in that court in June, 1966. Three and a half years later, the case was ordered transferred ...
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ORDER DENYING MOTION (28 U.S.C. § 2255) Before the court for disposition is the third proceeding under Title 28, § 2255, United States Code, presented by Jerry Henry Green (hereinafter Green). The first such motion was assigned No. 62-1242-HW. The motion was denied. Appeal in forma pauperis was denied by the United States Court of Appeals on January 9, 1968 — MISC. 1584. The second § 2255 filing w...
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OPINION This is a civil action instituted by the plaintiff, Paul V. Marker (“Marker”), pursuant to section 205(g) of the Social Security Act (“the Act”), as amended, 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare (“the Secretary”) which terminated Marker’s disability insurance benefits as of January 1968 on the ground that Marker had c...
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ORDER This case is before the Court on a pre-indictment motion for return of seized property and suppression of evidence pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure. The facts surrounding the seizure follow. Donald Thomas Williams, a licensed dealer in firearms under the Gun Control Act of 1968, reported to local officials the theft of his automobile which contained certain f...
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MEMORANDUM OPINION The issue presented by this petition for a writ of habeas corpus is whether a state court’s denial of bail pending appeal to a state prisoner, without any statement of reasons for such denial is, under the circumstances of the present case, an arbitrary denial of bail proscribed by the Eighth and Fourteenth Amendments to the Constitution of the United States. For the reasons ...
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324 F. Supp. 160 (1971) ALL-STAR INSURANCE CORP. v. The STEEL BAR, INC., Chris Salaris, Michael Morris and Darlene Morris. Civ. No. 70 H 218. United States District Court, N. D. Indiana, Hammond Division. February 22, 1971. *161 Peter C. Bomberger, Hammond, Ind., for plaintiff. Rudolph Tanasijevich, Hammond, Ind., for Chris Salaris & The Steel Bar. Lester Murphy, East Chicago, Ind., for Micha...
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MEMORANDUM AND ORDER The immediate question confronting this Court is whether both defendants are entitled to a summary judgment pursuant to Rule 56(b), Federal Rules of Civil Procedure. Neither the plaintiff nor defendant filed affidavits with their memorandums arguing the merits of the controversy. Rule 56 is a procedural device for the disposition of cases in which there is no material issue o...
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MEMORANDUM OPINION As the result of an examination by the agents of the Internal Revenue Service (Agents) of the income tax liabilities of O. B. Crocker and his wife, Ora Crocker, now deceased, (Taxpayers) for the taxable years 1956-1961, inclusive, the District Director of Internal Revenue (Director) on October 27, 1967, issued a thirty-day letter to taxpayers notifying them of the findi...
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This action was commenced by the plaintiff to recover $3,092.59 in estate taxes and interest. The dispute arose over the proper method of valuation of mutual fund shares in an estate tax proceeding. Ethel Bennett died testate on December 4, 1964, owning the following shares in mutual funds; Investors Mutual, Inc. 2568.422 (in her Individual name) 2067.531 (in her name as trustee ...
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In this suit by Herbert Rosenthal Jewelry Corp. (“Rosenthal”), a manufacturer and retailer of jewelry, against Zale Corp. (“Zale”) and its parent Lambert Brothers Jewelers, Inc. (“Lambert”), jewelry retailers, charging infringement of two of plaintiff’s copyrighted designs for pieces of jewelry, plaintiff has moved for summary judgment or, in the alternative, for a preliminary injunction. The f...
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MEMORANDUM AND ORDER Defendant has moved to dismiss plaintiff’s complaint for two reasons: (1) lack of jurisdiction over the subject matter, and (2) failure to state a claim upon which relief can be granted. Under Rule 12(b) of the Federal Rules .of Civil Procedure, defendant’s motion shall be treated as one for summary judgment and disposed of as provided in Rule 56. I. The facts are not in disp...
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OPINION This is an action under the Jones Act, 46 U.S.C. § 688, and Maritime Doctrine of Unseaworthiness and for Maintenance and Cure. It is alleged in the Complaint that plaintiff, employed by the defendant in the capacity of a seaman, suffered personal injuries while engaged in assembling a fleet or tow of barges at defendant’s loading dock located on the Monongahela River at Pittsburgh, Penn...
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OPINION AND ORDER HAROLD K. WOOD, District Judge. This is a motion by defendant, Nathan Greenberg (hereinafter Green-berg), to vacate attachments of real and personal property. Plaintiff, Federal Deposit Insurance Corporation (FDIC), is a creditor of one Martin Decker (Decker) by reason of having purchased certain assets of City Bank of Philadelphia following the insolvency of that bank. Greenberg...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO AMEND AND ADD COUNTERCLAIMS IN PART In this patent infringement action which was filed February 22, 1971, defendant on September 16, 1971, filed a Motion to Amend Its Answer and to Add Counterclaims and Counterdefendants. We have received briefs and heard the arguments of the parties and have concluded to allow the amendment and the counterclaims...
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ORDER On November 30, 1970, plaintiff in this action served notice that the oral deposition of Steven Sanford as President of defendant, International Food-service Systems, Inc., would be taken on January 19, 1971. The defendant on January 5, 1971 moved to quash notice of deposition on the grounds that: a) Deponent Steven Sanford did not reside in the jurisdiction of this Court; and b) That plain...
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MEMORANDUM DECISION A lengthy history precedes the presentation of this matter before this court. On October 9, 1966 warrants of arrest were executed against Thomas Daniel Bambulas and Christ Bambulas in the District of South Dakota. Thomas was charged with transporting firearms in interstate commerce while under indictment, and Christ was charged with aiding and abetting the same offense. Later t...
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Opinion and Order: This is a cargo contamination suit, designated as a case of admiralty and maritime jurisdiction within Rule 9(h), Federal Rules of Civil Procedure. On November 1, 1968, there was delivered to and shipped on board the M/S GALINI a certain shipment of Mexican maize said by plaintiff to be in good condition at the time and destined for several Japanese ports. When th...
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OPINION By order entered May 22, 1970, these petitions for writs of habeas corpus were consolidated, as they contain common matters of law and fact. Petitioner, Warren Earl Loomis, a state prisoner, is presently serving sentences imposed by the Circuit Court of Augusta County, Virginia. He attacks the validity of those sentences, as well as sentences imposed by the Circuit Court of the City of St...
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MEMORANDUM ORDER Petitioner, Roy James Crow, presently is serving an indeterminate sentence of *557 not less than one year nor more than ten years in the West Virginia State Penitentiary at Moundsville, West Virginia. He was sentenced by the Circuit Court of Tucker County, West Virginia, on October 11, 1966, upon his plea of guilty to a charge of grand larceny. In accordance with the provis...
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OPINION AND ORDER Several issues were raised by the pleadings herein, but by stipulation and order the following issue was severed for separate trial: whether plaintiff qualified as á small business corporation within the meaning of Section 1371(a) of the Internal Revenue Code so as to be eligible to elect under Section 1372 (a) of the Internal Revenue Code not to be subject to corporate income ta...
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324 F. Supp. 736 (1971) John B. CALHOUN, Plaintiff, v. Maj. Gen. G. Reid DOSTER, individually, and as Commander of the Alabama Air National Guard and as Base Detachment Commander of Sumpter Smith Air National Guard Base, Col. James E. Hardwick, individually and as Executive Officer of the 117th TAC Recon Wing, Alabama Air National Guard and as Base Detachment Commander of Dannelly Air National Gu...
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MEMORANDUM AND ORDERS The facts are these. On January 4, 1967, Alaska State Housing Authority (hereinafter known as ASHA), defendant and third party plaintiff, entered into a contract known as P-228, with N & N Corporation (hereinafter known as N & N), of Fairbanks, Alaska, for the construction of the Tok Multipurpose Room Addition. Pursuant to AS 36.25.010, Reliance Insurance Compan...
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325 F. Supp. 749 (1971) ENVIRONMENTAL DEFENSE FUND, INC., the Ozark Society, Arkansas Audubon Society, Inc., Arkansas Ecology Center, Pratt Remmel, Jr., and Russell Harper v. CORPS OF ENGINEERS OF the UNITED STATES ARMY, Stanley R. Resor, Secretary of the Army, and General Frederick B. Clarke, Chief of Engineers, Corps of Engineers of the United States Army. No. LR-70-C-203. United States Distric...
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MEMORANDUM AND ORDER ON GOVERNMENT’S PETITION TO COMPEL VOICE EXEMPLARS On behalf of the February 1971 Special Grand Jury, the United States Attorney petitions this court for orders directing certain witnesses to furnish exemplars of their voices. For the reasons stated below, this court is of the opinion the petitions should be granted. The February 1971 Special Grand Jury is presently investigat...
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MEMORANDUM AND ORDER This matter comes before the Court on petitions filed by Daniel D. Doyle, Trustee of the Bankrupt Estate, (“Trustee”), Breece Plywood, Inc., (“Breece”) and National Acceptance Company of America, (“NAC”) to review an order entered by the Referee in Bankruptcy establishing the order of priority to an account or accounts receivable owed to the Bankrupt in which each of ...
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MEMORANDUM OF REASONS This case now comes before the Court on the motion of plaintiff, Theatre Time Clock, Co., Inc. [TTC] to reopen the case, and on the motion of defendant, Motion Picture Advertising Corporation [MPA] to enforce a settlement agreement. The motions were argued in open court and were taken under submission. The case involves a civil anti-trust suit whereby TTC alleges tha...
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OPINION These four cases involve school matters relating to students’ grooming styles, a teacher’s, facial grooming, and a truancy suspension. For the purpose of deciding whether we should entertain jurisdiction of them in a United States District Court, the circumstantial differences we consider of no decisive moment. With some poetic license we classify them as “hair” cases, and in the ...
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AMENDED FINDING THAT PLAINTIFF IS ENTITLED TO DEFAULT JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANT VOLKSWAGEN OF AMERICA, INC., ON THE ISSUE OF LIABILITY, AND DEFAULT JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANT VOLKSWAGEN OF AMERICA, INC. This is a suit brought against the manufacturer and the distributor of an allegedly defective Volkswagen automobile which alleged defects caused, in 1969, seve...
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OPINION AND ORDER In August 1969, the domestic air carriers filed increased passenger tariffs with the Civil Aeronautics Board. After holding several meetings with representatives of the airline industry and a public hearing, the Board issued an order suspending the tariffs on file pending a more complete investigation. However, the Board also found that the carriers had demonstrated a ne...
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MEMORANDUM OF DECISION The petitioner in this action, Robert Nicholson, is an inmate at the Nebraska Penal and Correctional Complex. He has filed in this court a petition for writ of habeas corpus pursuant to 28 U.S.C.A. § 2241 et seq. An order to show cause was issued, counsel appointed, and an evidentiary hearing held. The matter now stands ready for final determination. The following is a summa...
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MEMORANDUM OF DECISION An evidentiary hearing has been had on the petitioner’s petition for a writ of habeas corpus, briefs have been submitted, and the matter has been submitted for determination by the court. James D. Maddox, the petitioner, was charged in the District Court of Buffalo County, Nebraska, in 1964, with assault with intent to commit rape, armed robbery, and kidnapping. C. Morris Gi...
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MEMORANDUM OPINION AND JUDGMENT This action was brought by several residents of El Paso, Texas, as members of a class, seeking to enjoin the allegedly unconstitutional collection of New Mexico State income tax. All of the plaintiffs work at the White Sands Missile Range, a federal enclave located in New Mexico. Although plaintiffs reside in Texas and work in the exclusively federal complex at Whit...
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The plaintiffs move for a preliminary injunction and other relief, stated in their notice of motion. In their complaint they allege, in substance, that the seizure of projectors and films without any prior adversary hearing to determine whether or not the films were obscene, constitutes a violation of the First, Fourth and Fourteenth Amendments of the Federal Constitution and of the Civil Rights A...
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MEMORANDUM AND ORDER This matter is here pursuant to an order of this court issued under the provisions of 26 U.S.C.A. § 7604, directing the Respondent to show cause why he should not obey and comply with a summons issued by the Internal Revenue Service under 26'U.S.C.A. § 7602. The Respondent filed written answer and the matter was heard by the court on February 16, 1971. Upon careful considerati...
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*874MEMORANDUM OPINION Plaintiff seeks a judgment declaring that the method employed by defendants in demoting plaintiff as a member of the City of Greensboro Police Department denied him procedural due process under the Fourteenth Amendment to the Constitution of the United States, and a permanent injunction requiring defendants to restore him to his former status as a detective in the Youth Divi...
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OPINION AND ORDER This is a selective service case. It comes before us on the government’s motion to remand the matter to the defendant’s local draft board for a statement of reasons for its refusal to reopen defendant’s classification, in accordance with the decision in Scott v. Commanding Officer (Volatile) 431 F.2d 1132 (3d Cir. 1970). The following facts, as set forth in the Motion and Briefs...
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OPINION This action is brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. The final decision in this case is that of the Appeals Council dated August 5, 1969, denying the plaintiff’s request for the review of a decision rendered by the hearing examiner on May 20, 1969, in which the examiner deni...
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OPINION This matter is presently before me on motions filed by the defendant, Thomas Earl Phillips, to dismiss the indictment and for severance. The action is filed against two defendants, Belmont Keresty and Thomas Earl Phillips. The indictment contains three counts, the first of which is directed against the co-defendant Keresty. The second count of the indictment charges both defendants with e...
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OPINION Plaintiffs, including members of Selective Service Counseling and Information Association, (an unchartered and unincorporated group) bring this action under 42 U.S.C., Section 1983, seeking a preliminary injunction to restrain defendants, the City of Memphis and its Mayor, from denying them the use of office space in the Memphis City Hall. Plaintiffs contend that the Court has jurisdictio...
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DECISION and ORDER The plaintiffs in this action are Menominee Indians and members of an organization known as Determination of Rights and Unity of Menominee Stockholders (“DRUMS”). They allege that the defendants have violated the plaintiffs’ first and fourteenth amendment rights by preventing the plaintiffs from assembling for the “purposes of peacefully, and in a non-violent manner, expressing...
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The above-styled case was regularly set down for trial before the Court on a former day and after hearing and considering the evidence and arguments of counsel, the Court hereby makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. This is an in rem proceeding for salvage by the master of a shrimp boat on behalf of the vessel and the crew against a tank barge. The salvag...
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ORDER DENYING APPLICATION FOR WRIT OF HABEAS CORPUS, FOR STAY OF EXECUTION AND FOR BAIL, AND DISMISSING PETITION. This proceeding was commenced by the filing of an application for a writ of habeas corpus seeking the immediate release of petitioner from the custody of respondent, the Sheriff of Los Angeles County, or, in the alternative, for an order of this court directed to respondent Sheriff req...
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MEMORANDUM OF DECISION This is a military habeas corpus action by a Navy enlisted man who claims to be held in the service under an invalid agreement extending his enlistment. The court has considered briefs and exhibits filed by the parties as well as testimony and oral argument presented at an evidentiary hearing. This memorandum of decision incorporates findings of fact and conclusions...
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MEMORANDUM This matter comes before the Court on a remand for resentencing by the United States Court of Appeals for the District of Columbia.1 On April 25, 1969, this Court originally sentenced this defendant, who was at the time of his conviction both a youth offender under 18 U.S.C. §§ 5001-5026 (e. g., between the ages of 18 and 22), and “guilty of an offense punishable by imprisonment under ...
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These are actions under Title 28, U.S. C. Sections 1336, 1398, 2284 and 2321-2325, to set aside the incentive per diem rates established by the Interstate Commerce Commission (Commission) in its rulemaking proceeding entitled Incentive Per Diem Charges — 1968. 1 In this proceeding the Commission issued two formal reports comprising its decision, the interim report of December 12, 196...
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ORDER This is a suit by the plaintiff against the Secretary of Health, Education and Welfare under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to re*1272view a final decision of the Secretary that plaintiff was not entitled to a period of disability or to disability insurance benefits. (See Social Security Act §§ 216(i), 223; 42 U.S.C. §§ 416(i), 423.) Defendant has moved for summary ...
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ORDER DENYING PRELIMINARY INJUNCTION This is a suit brought under the Railway Labor Act (Title 45 U.S.C. § 151, et seq.) seeking a preliminary injunction to enjoin an alleged unilateral change by defendant railroad in working conditions, contrary to 45 U.S.C. § 156. The alleged change is said to consist in moving the home terminal of members of plaintiff from Augusta to Camak, Georgia. No tempora...
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ORDER This matter is before the court on cross-Motions for Judgment on the Pleadings, filed September 4 and November 3, 1970, by plaintiff and defendant respectively. A motion for oral hearing was filed November 20, 1970, by plaintiff. This action is brought under the provisions of 28 U.S.C. § 1346(a) (1) for the recovery of $30,057.61 plus interest on the ground that defendant erroneously denied ...
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Like Judge Chambers and, I suspect, a good many of my colleagues who are less blunt in their language, I find it judicially demeaning to spend time viewing “this crummy stag movie.”1 What was once called sexual perversion can no longer be so denominated in the light of contemporary psychological knowledge; but that does not preclude the evaluation of this film as a perversion of the great cinemati...
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By motion to dismiss and, alternatively, for summary judgment, the United States seeks to dispose of a unique proceeding brought against it by a taxpayer. The motions are well founded. These facts are undisputed: On March 25, 1970, the Tax Court held both plaintiff and another taxpayer liable for the personal holding company tax imposed under Sections 541-547, Internal Revenue Code of 1954. (26 U....
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MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS Plaintiff Levie M. Burgess (sometimes hereinafter referred to as petitioner) has filed in pro per a Petition for Writ of Habeas Corpus alleging that he is illegally confined by the Warden of the State Prison for Southern Michigan under an illegal sentence imposed by the Berrien County Michigan Circuit Court,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court. Findings of fact and conclusions of law are set out hereinafter. Findings of Fact 1. Tract OZAR 1013 contains 492.68 acres, of which the United States is taking 458.31 acres and thereby leaving as a remainder 34.37. Tract OZAR 1013-1 adjoins OZAR 1013 and contains approximately 10 acres. Tract OZAR 1230 contains 29.23 ac...
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DECLARATORY JUDGMENT: FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action brought pursuant to the provisions of 28 U.S.C. § 2201 for declaratory judgment to determine the priority of certain security interests claimed by the plaintiff, GAC Credit Corporation, and the defendant, Small Business Administration, in the inventory of a debtor, Alberts Appliance Company. Jurisdiction is fo...
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OPINION AND ORDER The House Judiciary Committee Report recommending the passage of S. 159, which established the Judicial Panel on Multidistrict Litigation and added Section 1407 to Title 28 of the United States Code, noted that * * * The types of cases in which massive filings of multidistrict litigation are reasonably certain to occur include not only civil antitrust actions but also, common di...
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OPINION These are cross-motions for summary judgment in an action brought by the plaintiff pursuant to section 205(g) of the Social Security Act 1 to review a final determination of the defendant, the Secretary of Health, Education and Welfare (hereafter the “Secretary”) denying plaintiff’s application for disability insurance benefits. In October 1968, plaintiff filed an application for di...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs, the United States and the Commodity Credit Corporation, instituted this action to recover $610,203.26 for damage to cargo shipped aboard defendant vessel, the SS Wabash. Defendant Midwest Shipping and Trading Corporation (Midwest) paid $97,500 in full settlement of plaintiffs’ claim. This left for trial and decision the dispute between Midwest...
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OPINION Default against defendant General Navigation and Trading Co., S. A. (General) was entered by Judge Wyatt on June 28, 1968 upon motion pursuant to Rule 37(d), F.R.Civ.P. brought on by plaintiffs Mahmood, Mishari and Sadoun Aljassim d/b/a Mahmood Aljassim & Brothers (Aljassim) and Antar Industries, Inc. (Antar), following General's willful failure without excuse to answer written in...
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MEMORANDUM OPINION This copyright infringement case was commenced in July of 1962. A summary judgment was obtained by the defendant in its favor in this Court, which was appealed to the Circuit, resulting in a reversal and a remand for trial — this in 1967. (6 Cir., 373 F.2d 905.) A trial on the infringement issue, i. e., whether the expression of the ideas of the plaintiff contained on p...
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MEMORANDUM AND ORDER On October 26, 1970, the plaintiff filed in this Court a complaint alleging that on November 10, 1967, the defendant filed a declaration of taking under and pursuant to the provisions of the Pennsylvania Eminent Domain Code, condemning premises or property owned by the plaintiff in Haverford Township, Delaware County, Pennsylvania. The plaintiff seeks (1) a permanent injuncti...
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MEMORANDUM These actions were brought by the plaintiffs (Wilson N. Chastain and Bernice J. Kaiser are parties only as a result of their having filed joint income tax returns with their spouses) for the recovery of income taxes and statutory interest for the year 1965. Deficiency assessments were made by the Internal Revenue Service, the plaintiffs paid said assessments, filed claims for refund wh...
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MEMORANDUM The plaintiffs in the above styled actions were allegedly injured by the fumes emitted from a product known as “Pierin,” manufactured by the defendant named above. The plaintiffs are citizens of Virginia, and the defendant is an Illinois corporation. The amount in controversy in each action exceeds $10,000.00. 28 U.S.C. § 1332. At the time of the injuries, allegedly caused by “Pier...
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DECISION and ORDER The defendant has moved to transfer this action to the northern district of Oklahoma, pursuant to the provisions of 28 U.S.C. § 1404(a); in the alternative, the defendant has moved to stay this action pending the outcome of a related action in the Oklahoma court. The present action originally was brought in the circuit court for Milwaukee County and later was removed to this co...
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ORDER DENYING ALL RELIEF AND DISMISSING THE ACTION AND TEMPORARY RESTRAINING ORDER This case involves a serviceman’s claim to a conscientious objector discharge from the army. Petitioner has been denied the right to file his C.O. application at the Oakland Army Base. He seeks a declaratory judgment and order in the nature of a writ of mandamus. At issue is a change in an army regulation that denie...
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MEMORANDUM OPINION AND ORDER CONDITIONALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a California state prisoner, seeks a writ of habeas corpus under 28 U.S.C. § 2254, challenging his present incarceration in Folsom Prison. He was convicted of first degree robbery (California Penal Code § 211) in Los Angeles Superior Court on November 21, 1958, and sentenced to serve an inde...
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MEMORANDUM AND ORDER This is an action by the government to recover certain payments made to a farmer under the Feed Grain Program. The payments were made on the basis of alleged reductions in planting of certain crops. The basic claim of the government is that the defendant fraudulently claimed to have planted more acres in grain than he actually planted in the base years, which determine the siz...
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MEMORANDUM OPINION Plaintiff is the losing party in a negotiated bidding process on a contract with HEW for production and distribution of microfiche and “hard” copies of educational documents. It seeks an injunction cancelling the award of the contract to Leasco Information Products, and directing either that the contract be awarded to plaintiff or that the contract be renegotiated and new bids r...
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*778ORDER This cause is before this Court, response hereto having been given to this Court’s order to show cause dated December 8, 1970. In his application for relief petitioner attacks the validity of his adjudication of guilt and sentence of conviction imposed 'September 7, 1961, in the Circuit Court in and for the Second Judicial Circuit of Florida. The Court deems it helpful to give pause here...
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OPINION-ORDER This cause is before this Court upon response having been given to order to show cause of January 20, 1971. Petitioner was tried by jury and sentenced to death for first degree murder on March 2, 1968, in the Circuit Court of Franklin County, Florida. In his direct appeal to the Supreme Court of Florida, petitioner, as he does now, alleged that in light of the rationale of Witherspoo...
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ORDER In this non-jury ease the court is called upon to resolve a dispute between a primary insurer (Aetna), two alleged reinsurers (South Carolina Insurance Company and Glens Falls Insurance Company), and two independent general agents concerning the liability of the respective parties in connection with the issuance of two certificates of reinsurance.1 In Count-One of its complaint, Aetna conte...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. FINDINGS OF FACT On or about August 10, 1968, the two contracts attached to Plaintiff’s Complaint as Exhibits “A” and “B” were entered into between American Guild of Musical Artists (AGMA), Plaintiff in this action, and Atlanta Municipal Thea*1155ter, Inc. (AMT), a non-profit corporation, one of the Defendants herein. AGMA was the bargaining agent for ce...
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329 F. Supp. 616 (1971) Robert BERRYMAN, a minor, by his next friend, Gary Hart, et al., Plaintiffs, v. August HEIN, Individually and as Principal of Meridian High School, et al., Defendants. Civ. No. 1-71-3. United States District Court, D. Idaho. February 17, 1971. *617 Gardner W. Skinner, Webb, Tway & Redford, Boise, Idaho, for plaintiffs. Iver J. Longeteig, John O. Fitzgerald, Ambrose, Fi...
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MEMORANDUM AND ORDER. The matter before the Court is the constitutionality of a public school regulation which seeks to control the length of students’ hair and its enforcement against the minor plaintiff, Jim Turley. Jurisdiction in this cause is predicated and admitted under Title 42, U.S.C., Sections 1981, 1983 and Title 28 U.S.C., Sections 2281, 2284 on the allegation that the action by t...
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MEMORANDUM OPINION In these consolidated civil actions, the plaintiffs, who are all former customers of the stock brokerage firm of the defendant Legg & Co., are suing such firm for claimed violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The plaintiffs seek money damages in varying amounts for losses allegedly incurred by them as the resul...
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MEMORANDUM OPINION This action is before the court for disposition on its merits. The court entered a preliminary injunction on January 19, 1971, to preserve the status quo of the parties until the action could be heard on the merits. A full hearing was accorded the parties on February 9, 1971 at which time the evidence presented by each party was received by the court. The court’s findings of fac...
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MEMORANDUM AND ORDER This is a petition for review of an order of the referee in bankruptcy which requires petitioner Joan M. Wetteroff, the wife of bankrupt, to endorse a federal income tax refund check, or in the event she fails to do so, directs the trustee to endorse said check in her behalf, the proceeds thereof to be administered upon as an asset of the bankruptcy estate free and clear of an...
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*1406OPINION AND ORDER Before ALFRED P. MURRAH, Chairman*, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III*, and STANLEY A. WEIGEL, Judges of the Panel. This litigation arises from an explosion and fire which occurred on an offshore oil well platform situated on the outer continental shelf approximately ten to twelve miles from Galveston, Texas. As ...
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MEMORANDUM OPINION This matter has come on for consideration on defendant’s Motion for Summary Judgment and plaintiff’s Reply to Defendant’s Motion for Summary Judgment. Plaintiff, Nina L. Valentine, has brought this action to review the final decision of the Secretary of Health, Education and Welfare that she is not entitled to disability benefits under the Social Security Act because she has fai...
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MEMORANDUM • The defendant was indicted in 1966 on three counts of perjury — one relating to testimony before the Securities and Exchange Commission and the two others to testimony before a grand jury sitting in this court. For reasons that need not be explored at this time, there has been some considerable delay in moving the case on for trial. In the autumn of last year, when this case and other...
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MEMORANDUM This action was commenced by a number of prisoners in the Lucas County Jail, on behalf of themselves individually and as representing a class of persons who either are or may be confined to this facility. The defendants are the three members of the Lucas County Board of County Commissioners, the Lucas County Sheriff, a person designated as keeper of the Lucas County Jail, and the Sup...
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MEMORANDUM AND ORDER This matter is before the Court on a Petition for Writ of Habeas Corpus. Relator, Ray V. Johnson, a state prisoner, is confined in a state correctional institution at Pittsburgh, Pennsylvania.1 Consistent with the provisions of 28 U.S.C. § 2071 and Federal Rule of Civil Procedure 83, we have adopted Local Rule 40 which governs the requirements of a petition for a writ of habea...
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ORDER Both the individual defendants (hereinafter Stokes) and Citizens Trust Company have moved for summary judgment in this matter. For purposes of this consideration, the facts may be summarized as follows. Stokes was and had been owner of a two-story building in Greenwood, South Carolina. Since 1940 Citizens Trust as agent for Stokes had been in complete charge of the property. In 1964 Stokes ...
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OPINION The claimant, Claude B. Miles, filed an application for disability and disability insurance benefits on October 31, 1967, under Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. Sections 416 (i) and 423. The defendant, Secretary of Health, Education and Welfare, through his representative, disallowed his application. The claimant requested reconsideration on February 16, 1968, ...
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MEMORANDUM AND ORDER Defendant in this patent suit has moved to stay proceedings pending the final determination of a related action recently filed in the federal district court for the Northern District of Ohio. Plaintiff instituted the present proceedings for patent infringement in February, 1970. In December, Acromag, the manufacturer of technical equipment which defendant Gay distributes in Te...
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ORDER SETTING ASIDE REDETER-MINATION OF SENTENCE. This is another in a series of eases before this court challenging, as a violation of due process, the procedures employed by the California Adult Authority when parole is revoked. Consistent with this court’s decisions in Ellhamer v. Wilson, 312 F.Supp. 1245 (N.D.Cal.1969); Hinnington v. Department of Corrections, C-69 149 (N.D.Cal. April 17, 1970...
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MEMORANDUM OF DECISION I. Facts The facts of this case have been stipulated by the parties and may be simply stated. Plaintiff Wilczynski is a 75 year old woman in poor health who has for some time been a recipient of medical assistance under the provisions of Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396g. (Sometimes hereinafter referred to as “Title XIX assi...
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*1285FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a suit brought by the plaintiff under the Federal Employers’ Liability Act (45 U.S.C. § 51 et seq.) seeking damages for personal injuries sustained by him when a motor car he was operating left the tracks and ran over his ankle and foot. This case was tried by the Court, without a jury, on Tuesday, January 19, 1971. The plaintiff, at the time o...
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*959 OPINION This is a civil action brought by Mark Curtis Pierce, by his father and next friend George Frederick Pierce, against the individual members of the school committee of the City of New Bedford and against the Principal of the New Bedford High School. Jurisdiction of this court is alleged to exist under 28 U. S.C.A. § 1343 and the cause of action is alleged to arise under 42 U.S.C.A...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus, claiming that his state conviction of the offense of second degree murder is invalid. Petitioner also requests leave to proceed in forma pa...
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OPINION Four of the above-named defendants, Rudolph Vilhotti, Vincent Santa, Albert Mercurio and Anthony DiMenna, 1 moved for an order pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure directing the suppression and return of certain cartons containing sundry drug items, seized without a warrant by a special agent of the Federal Bureau of Investigation, William E...
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The defendant, Bernard Fishel, is charged with bribing and giving a gratuity to David Nadler, an Internal Revenue Service agent, who had been assigned to audit the tax returns of two corporations in which the defendant had an interest, and whose returns the defendant had signed. Apparently, Mr. Fishel and his accountant, Henry Sol, a recently-deceased co-defendant named in the within indictment, f...
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This habeas corpus petition by a state prisoner arises out of a disturbance which occurred on March 5, 1970, in the mess hall at Green Haven Prison. Fifty prisoners — out of about 750 — threw bowls and trays. During the melee several guards were struck by thrown objects and by trays held by the inmates. One prison officer so injured was Raymond MacDermott, who was struck from the rear with a metal...
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OPINION Tokyo Boeki Ltd., a Japanese corporation, here moves under Rule 12(b), F.R. Civ.P., to set aside service of process on it as the third party defendant and to dismiss for lack of jurisdiction. In the alternative, Tokyo Boeki Ltd. seeks to amend its complaint to assert its right of arbitration against one of the third party plaintiffs, and for a stay of the action pending such arbit...
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This is an action brought by the Secretary of Labor against a union local to set aside a union election. It has been assigned to a single judge, as such actions are in this Court, for all purposes. S.D.N.Y. R. 2. Defendant has filed an affidavit under 28 U.S.C. § 144 requesting this judge to disqualify herself for personal and extrajudicial bias and prejudice against defendant and in favor of a...
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OPINION AND ORDER Petitioner submitted to induction into the United States Armed Forces on November 25, 1970. He immediately filed in this Court a petition for a writ of habeas corpus. A temporary restraining order was issued preventing petitioner’s removal from the jurisdiction, pending the disposition of the petition. A hearing on the petition was held January 8, 1971 at which counsel stipulated...
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ORDER On September 10, 1970, TomMills Brokerage Co., Inc., filed a petition requesting for the registration of a certain judgment entered in the United States District Court for the Northern District of Illinois, Eastern Division, in Civil Action No. 70-C-839 of said district, TomMills Brokerage Co., Inc. vs. Fred Thon, an individual, Associated Mortgage Investors, a Massachusetts Business Trust,...
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MEMORANDUM This action was instituted by the plaintiff to recover certain taxes and interest for the calendar years 1961, 1962 and 1963. The plaintiff, First American National Bank of Nashville, is a national banking corporation with its principal office in Nashville, Tennessee. It filed its corporate income tax returns for the calendar years 1961, 1962 and 1963 with the *676District Director of ...
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*324 MEMORANDUM AND OPINION Reagan Edward Logue, a Federal prisoner, hanged himself in the Nueces County jail. His adoptive father, Orval C. Logue, has brought this suit under the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., to recover damages from the government under the Texas Wrongful Death Act, Article 4671 et seq., Revised Civil Statutes of Texas (1925), as amende...
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I. STATEMENT OF FACTS St. Johnsbury trucking Co., Inc. and Holmes Transportation, Inc. bring this action to enjoin the enforcement of an order of the Interstate Commerce Commission and also to set aside such order. The order, docketed as Mc-126142 (Sub-No. 1), Gleason Transportation Co., Inc., Extension — General Commodities, extended the authority of Gleason who had formerly held a license to tra...
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DECISION and ORDER The defendant. has moved to dismiss the complaint. To resolve such motion, some background of this case should be described. On April 30, 1961, federal supervision over the Menominee Indian tribe of Wisconsin officially terminated, pursuant to the provisions of the Menominee Termination Act, 25 U.S.C. §§ 891-902. The method by which the termination was accomplished followed the ...
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ORDER Attorney General William J. Baxley, successor to the party defendant MacDonald Gallion as Attorney General of Alabama, now moves this Court to allow him to amend the answer heretofore filed in this cause and to realign him as *118a party plaintiff. Attorney General Baxley, by a proposed amended answer, now contends — as do the plaintiffs — that Title 22, Sections 205-231, Code of Alabama 194...
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OPINION This action seeking injunctive and declaratory relief was originally before this Court on December 21, 1967. At that time, the plaintiff’s complaint was dismissed for failure to state a case or controversy, and a finding was made that plaintiff had an adequate remedy at law, as well as that plaintiff failed to demonstrate irreparable injury. After remand 1 by the United States Court...
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321 F. Supp. 1220 (1971) Nona M. AMBROSE, Administratrix of the Estate of Roy W. West, Jr., deceased, Plaintiff, v. Kenneth W. WHEATLEY et al., Defendants. Civ. A. No. 3627. United States District Court, D. Delaware. February 12, 1971. *1221 Sheldon N. Sandler and Jacob Kreshtool, of Bader, Dorsey & Kreshtool, and Samuel V. Abramo of Biggs & Battaglia, Wilmington, Del., for plaintiff. Wil...
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ORDER OF COURT Thornton has filed his petition for habeas corpus, in which he attacks the charge on alibi given in his trial as denying him his rights under the Fourteenth Amendment. Thornton was convicted of armed robbery in the Fulton Superior *255Court on November 20, 1969, and is serving a life sentence imposed thereon. The alibi charge1 he attacks was given to the jury in this trial. It is hi...
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MEMORANDUM AND ORDER There are three motions before the Court for determination at this time: (1) Plaintiff’s motion, filed December 17, 1970, for leave to file a Second Amended Complaint; (2) Plaintiff’s motion, filed December 17, 1970, to amend Count One of the Second Amended Complaint; (3) Plaintiff’s motion under Rule 37(a), filed December 28, 1970, to compel production of documents in Catego...
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MEMORANDUM & ORDER This matter is before the Court on motions to dismiss filed by defendants United States of America, Miles W. Lord, and Hartley Nordin, and by defendants State of Minnesota, Earl Cudd, Alfred Anderson, Silas C. Haugen, and Herbert Ram-berg. These motions are made pursuant to the provisions of Rules 12(b) and 56 of the Federal Rules of Civil Procedure. The complaint ...
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MEMORANDUM OPINION This motion to vacate or correct sentence under 28 U.S.C. § 2255 was filed by petitioner, Julian Ferrell Mize, who is presently incarcerated at the Federal Correctional Institution at Texarkana, Texas, pursuant to a two year sentence imposed upon him by this court in Cause No. CRW67116. Petitioner contends that he is entitled to credit against his federal sentence for 204 days ...
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ORDER Plaintiffs, students of the 71st High School, Cumberland County, North Carolina, seek a preliminary injunction pursuant to 42 U.S.C. § 1983, 28 U.S.C. § 1343, and the First and Fourteenth Amendments to the Constitution of the United States, restraining the defendant, individually and as principal of 71st High School, from suspending the plaintiffs, or others similarly situated, for the ex...
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OPINION Harold Ben Golden (plaintiff) filed this civil rights action against Justin M. Smith, District Attorney for Jackson County, Oregon; Ross Davis and Norman E. Harper, Deputy District Attorneys for Jackson County; Mitchell A. Karaman, District Judge for Jackson County; De-Armond Leigh, Sheriff of Jackson County; Jim Williams and John Anderson, Deputy Sheriffs of Jackson County; E. Wayne Lofto...
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PRELIMINARY INJUNCTION ORDER This cause came on to be heard on Plaintiff’s Motion for a Preliminary Injunction and the Court, having considered the verified Complaint, the affidavits submitted in support of said Motion and in opposition thereto, and having heard oral evidence in open Court, and it appearing to the Court after due deliberation that Defendant had actually been engaged in committing,...
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The above-styled and numbered cause came on for trial at a regular term of Court, and the cause having been submitted to the Court and the Court having considered the pleadings, the evidence adduced at the trial, the comments of counsel, and the briefs filed by the respective parties, and having been fully advised on the premises, now makes and files its findings of fact and conclusions of law. FI...
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MEMORANDUM AND ORDER By this class action plaintiffs seek to have the court declare unconstitutional Vernon’s Texas Revised Civil Statutes Annotated Articles 6243g-l and/or 6243g-l section 15, 6243e, 6243a, 6243f section 19, and 6243b; to enter a temporary and a permanent injunction against the enforcement of these statutes; to enjoin the enforcement of the judgments of the courts of the State of...
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*1234OPINION AND JUDGMENT In this ease the plaintiff, an inmate in the Virginia state penal system, complains that he has been discriminated against in work assignments, that he has been denied adequate medical treatment and that he has been placed in solitary confinement arbitrarily by officers of the state penal system. He also complains of various and sundry other procedures in the administrati...
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Memorandum of Decision On January 29, 1971, the petitioner, Charles Ray Emerson, filed an amended petition seeking a writ of habeas corpus to compel his discharge from the Army as a “conscientious objector” (hereafter sometimes referred to as a “C.O.”). In response to a show cause order, his commanding officers at Fort McClellan, Alabama, filed an answer and a certified copy of the “file” which ha...
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MEMORANDUM DECISION Plaintiffs by their original complaint as supplemented seek to enjoin the enforcement of, and to have declared un*690constitutional, an ordinance of the Board of Port Commissioners of the City of Oakland regulating the distribution of circulars and other material at the municipal airport. The ordinance imposes certain requirements for the distribution of commercial material. As...
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MEMORANDUM OPINION AND ORDER Plaintiff is a student at Southern Colorado State College who in the fall of 1970 was suspended from her position as managing editor of the college newspaper, the SCSC Arrow, after some disagreements with the newspaper’s faculty adviser. Plaintiff brought this action seeking a declaration that defendants’ conduct in “censoring” her writing and suspending her was a...
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321 F. Supp. 1041 (1971) Mary P. LAFFEY et al., Plaintiffs, v. NORTHWEST AIRLINES, INC., Defendant. Civ. A. No. 2111-70. United States District Court, District of Columbia. February 11, 1971. *1042 Michael H. Gottesman, George H. Cohen, Washington, D. C., for plaintiffs. Henry Halladay, Minneapolis, Minn., Berl I. Bernhard, John L. Richardson, Washington, D. C., for defendant. MEMORANDUM AND ORD...
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OPINION Plaintiff Charles William Brinton brought this action against Local Board No. 5, the members thereof, the Delaware State Director of Selective Service (“defendant Hall”) and the national Director of the Selective Service System (“defendant Tarr”), seeking a stay of his presently outstanding induction order and mandatory injunctive relief against his induction in the future un*974der the pr...
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ORDER ON PRE-TRIAL MOTIONS Movants were indicted by a Grand Jury in this District on March 25, 1970. The 23-count indictment charges, in pertinent part, that certain of the Movants, being engaged in the business of betting and wagering, did, aiding and abetting each other, use and cause to be used wire communication facilities in interstate commerce for the transmission by telephone from ...
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ORDER Plaintiff in the above stated case has filed a complaint pursuant to United States Code, Title 42, §§ 1983, 1985 and 1988 seeking an injunction, damages, etc., by reason of the alleged deprivation of plaintiff’s rights and privileges as a citizen of the United States in that the defendants have allegedly wrongfully discharged her (on or about February 19, 1952) from her position as a teacher...
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*1312 MEMORANDUM ORDER On or about April 14, 1969, one Bruce A. Smith purchased a 1968 Plymouth automobile from Southtown Chrysler in Minneapolis, Minnesota. At that time he executed a conditional sales contract which was assigned by the seller to the First National Bank, of Minneapolis. Neither the seller nor assignee filed a financing statement evidencing the security interest. In July of...
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323 F.Supp. 1321 (1971) Ali SHAMES, Ahmed Shames, Buda Shames and Samira Shames, Heirs, Plaintiffs, v. STATE OF NEBRASKA, Clarence A. H. Meyer, Attorney General for State of Nebraska, Norbert Tiemann, Governor of the State of Nebraska, Paul Robinson, County Attorney of Cedar County, Nebraska, Judge Joseph Marsh, Judge of the District Court of Cedar County, Nebraska, and Max Goetz, Administrator o...
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OPINION Plaintiff, a. male flight purser employed by the defendant, Trans World Airlines, Inc. (TWA), commenced this suit as a class action on behalf of himself and other male pursers similarly situated, alleging that the defendant is discriminating against them and in favor of female flight cabin attendants, solely on the basis of sex, in violation of Title VII of the Civil Rights Act of...
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RULING ON MOTION TO TRANSFER This cause is a petition by the plaintiff for an exoneration from or limitation of any liability due to the sinking of its fishing vessel FENWICK ISLAND on December 7, 1968 in which seven lives were lost. 46 U.S.C. § 185. It is before the court on claimant’s motion to transfer the action to the United States District Court for the Eastern District of Virginia. Several...
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OPINION Plaintiffs, Union Pacific (UP) and its controlled subsidiary Oregon-Washington Railroad & Navigation Company, seek to enjoin orders of the Interstate Commerce Commission (ICC) authorizing the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) to use 50 miles of trackage between Longview Junction, Washington, and Portland, Oregon. This trackage is now used by several car...
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MEMORANDUM OPINION A civil rights letter-petition from Glenn A. Learner seeks injunctive relief against prison officials so that he may correspond with various individuals who served on the jury which convicted him in 1958. The petitioner is presently incarcerated in the State Correctional Institution at Huntingdon, Pennsylvania. In his petition he alleges that on December 31, 1970 he wrote letter...
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OPINION Defendant Harley Stanford Winer has moved for dismissal of the indictment charging him with failure to report for induction into the Armed Forces of the United States in violation of the Selective Service Act, 50 App.U.S.C. § 462. Defendant contends in substance that the local board order of November 17, 1967 to report is invalid, and further that the delay between the date of the offense ...
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OPINION This is a suit sounding in negligence, or gross negligence, brought by the plaintiff as the result of injuries he sustained at the hands of one Clark E. Hall. It is alleged that Hall presented himself on March 24, 1966, at the Philadelphia State Hospital (Byberry) where he sought medical aid. It is further alleged that defendant Dr. Barbour, the clinical director on standby, at ho...
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OPINION The defendant in this case was convicted of bank robbery by a jury after a 12 day trial. Before the trial we held extensive hearings on defendant’s motions to suppress various items of evidence. Those motions were denied. Presently before the Court are defendant’s motions in arrest of judgment and for a new trial. The defendant asserts the following grounds for relief: I. Both the lin...
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MEMORANDUM Presently before me for consideration is the defendant’s motion to dismiss the indictment presented by the Grand Jury on August 26, 1970, which charges the defendant with failure to keep and retain his Selective Service classification notice in his possession in violation of 50 U.S.C. § 462(a), and failure to report for and submit to induction in violation of 50 App. U.S.C. § 462(a). It...
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MEMORANDUM OPINION In accordance with F.R.Civ.P. 52, this memorandum is filed in lieu of findings of fact and conclusions of law. In this action the plaintiff seeks to enjoin the defendants from maintaining criminal proceedings against them under the Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965) doctrine. On or about December 1, 1970, the plaintiff began to operate the R...
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MEMORANDUM AND ORDER This suit involves the validity of a cargo insurance clause in a contract of affreightment, wherein all rights of subrogation against the carrier have been waived by the assured, the cargo owner, pursuant to the written agreement of cargo underwriters as contained in the provisions of the cargo insurance policy. The facts have been stipulated and agreed to by the parties. Ten...
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MEMORANDUM In this habeas corpus proceeding petitioner complains that he experienced unconstitutional overreaching by the Hustings Court of the City of Richmond in receiving a harsher punishment on an appeal involving a misdemeanor charge from the Police Court of the City of Richmond. Respondent answered and frankly admitted the material portions of petitioner’s allegations. .The Court finds that ...
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MEMORANDUM ORDER This day the Court considered the previously filed petition of Harold Edward Teets for a writ of habeas corpus, the answer of the Respondent thereto, and pertinent correspondence to be made a part of the file in this action. In this civil action, Petitioner seeks to have his prosecution by the State of West Virginia, based on a detainer, barred, alleging that his Sixth Amendment r...
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MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT AND COMPLAINT IN INTERVENTION Plaintiffs, residents of the Parkmerced complex of apartments and town houses in San Francisco, brought this action under 42 U.S.C. § 1982 and the fair housing provisions of Title VIII of the Civil Rights Act of 1968, 42 U.S.C., Chapter 45, alleging that defendant Metropolitan, the then owner and operator of Parkmer...
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Defendant was indicted for refusing to submit to induction into the Armed Forces in violation of 50 App.U.S.C. § 462. On March 3, 1970, the defendant’s induction notice was issued ordering him to report on March 17, 1970. The local board had received the call order on February 12, 1970. 1. The defendant contends that on March 11, 1970, after he had received his induction notice, but before his sch...
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MEMORANDUM AND ORDER This is an action brought to review the denial of mother’s and child’s survival insurance benefits under the Social Security Action the plaintiff and to plaintiff’s adopted child (hereinafter referred to as the child-claimant). This case is purely one of law. The facts of the case are not in dispute and there is no dispute as to whether there was substantial evidence for the d...
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ORDER The case is before the court on plaintiff’s motion for summary judgment. The defendant herein resists said motion claiming that plaintiff is not entitled to a recovery under the terms of the insurance policy stipulated by the parties to be the one covering plaintiff, an em *263 ployee of the Coca-Cola Company. For the following reasons, the motion is hereby granted. The uncontroverted...
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MEMORANDUM OPINION AND ORDER Defendants Stein and Rosenberg have been charged in a multiple count indictment with a mail fraud scheme involving a financial consultant service. The accused business operated in part out of a Chicago office from which the government obtained, in a manner hereinafter described, certain records. These are sought to be suppressed by appropriate motion of both defenda...
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MEMORANDUM This case is before the court on a motion by defendant Michael Joseph Moors for leave to file a third party complaint against The Employers’ Liability Assurance Corporation, Limited. The plaintiffs have instituted three actions against Michael Moors and other defendants to recover damages for injuries resulting from an automobile accident. The actions were consolidated for purposes of t...
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Defendants, indicted for transporting obscene materials in interstate commerce, in violation of 18 U.S.C. §§ 1462 and 1465, assert that the materials cannot be considered obscene under the First Amendment, and, that the statutes are unconstitutional for a variety of reasons. An abundant record has been made. Those materials contended to be obscene are seventeen paper cover, magazine type, print...
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RULING ON MOTIONS TO DISMISS James Edward Wood here seeks damages for injuries sustained while he was confined as a prisoner in the Bossier Parish Jail at Benton, Louisiana. He asserts a claim under 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments, alleging violation of his constitutional and civil rights by defendants acting under color of law. The named defendants are W. E. Waggoner,...
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Petitioner was indicted in the Supreme Court of the State of New York, Bronx County, in two separate counts, manslaughter in the first degree, for the stabbing to death of two women. Thereafter, represented by court-appointed counsel, he offered to plead guilty to manslaughter in the second degree, the plea to cover both counts. The District Attorney recommended acceptance of the proffered plea, w...
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This case comes to us. upon remand from the Court of Appeals, which on December 10, 1969, reversed in part and affirmed in part a judgment entered by this court (Ryan, J.) on June 5, 1968, denying plaintiff’s motion for preliminary injunctive relief and dismissing the complaint upon the merits. See Crane Co. v. Westinghouse Air Brake Co., 419 F.2d 787. Defendants now move for an order defining ...
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324 F. Supp. 302 (1971) BASS ANGLERS SPORTSMAN'S SOCIETY OF AMERICA et al. v. U. S. PLYWOOD-CHAMPION PAPERS, INC., et al. C. A. No. 70-H-1004. United States District Court, S. D. Texas, Houston Division. February 10, 1971. *303 L. A. Greene, Jr., Houston, Tex., for plaintiffs. C. E. Nadeau, Legal Dept., Shell Chemical Co., Ben H. Rice, Vinson, Elkins, Searls & Smith, Kenneth R. Wynne, Joe Jaw...
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MEMORANDUM Several of the defendants in this case concerning the desegregation of schools in the metropolitan area of Richmond, Virginia, have moved the Court to request the convening of a three-judge district court for the consideration of certain questions that have allegedly arisen. The Court must treat any such request with great care, because the failure to convene such a court when required ...
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*402MEMORANDUM Certain defendants herein have moved the Court to order them dismissed from the case in their individual capacities. These parties were added by order of December 5, 1970, and the relief sought from them was made specific in an amended complaint filed on December 14, 1970. Both papers were served upon the added defendants and they have answered; no serious question of jurisdiction ...
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OPINION This is an action for injunctive and declaratory relief and damages brought to correct alleged violations of the Equal Protection Clause of the Fourteenth Amendment. Jurisdiction of this Court is invoked under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. A three judge court has been requested under 28 U.S.C. §§ 2281 and 2284. The case presents no factual issues. The parties have submitted the ca...
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This day the Court maturely considered the previously filed petition of Jerry Lee Bridwell for a writ óf habeas corpus and the amendment thereto, submitted by Petitioner in accordance with the Court’s order entered September 22, 1970. A state court jury found Petitioner guilty of armed robbery. The Circuit Court of Marshall County, West Virginia, thereupon sentenced Petitioner to a determinate sen...
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OPINION AND ORDER John Goolsby and Jeffery Patterson, both inmates in Wisconsin correctional institutions, have applied for writs of habeas corpus pursuant to Title 28, United States Code, § 2241 et seq. Both *461 petitioners were parolees from Wisconsin correctional institutions and had their paroles revoked pursuant to § 57.-06, Wisconsin Statutes, without a hearing. The central issue raise...
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This matter is before the Court on a motion by the respondent, Town of Bunkie, Louisiana, to remand a criminal prosecution removed by plaintiff, David Papen, under the provisions of 28 U.S.C. § 1443(1), from the Municipal Court of Bunkie, Louisiana, where plaintiff was charged with the violation of Sections 51 (Disturbing the Peace) and 56 (Resisting an Officer) of the Bunkie Criminal Code. His pe...
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This action arises out of the death of Henry Melancon, who according to the record lost his life when bombs placed by the Viet Cong exploded and sank the Dredge JAMAICA BAY, on which he was employed, on or about January 9, 1967. Melancon was an employee of a joint venture called RMK-BRJ, a Navy cost-plus contractor, which in its capacity as a joint venture, was the bareboat charterer and operator ...
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In this admiralty action, Herman J. Plaisance, a tugboat captain, seeks to recover for injuries he suffered aboard a barge he was to tow, where he had gone allegedly to inspect the cargo. Plaisance compromised his claims against Shell Oil Company, the cargo owner, and Movible Offshore Company, the barge owner.1 But Plaisance contends damages are still due him from Sanford Marine Services, Inc., wh...
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A bankrupt seeks to reopen her bankruptcy proceedings. Her petition alleges the following pertinent facts: On December 23, 1969, Consumers Credit Corporation sued Mrs. Frances R. Carwell in First City Court of New Orleans on a promissory note she had signed as an accommodation endorser for her husband. His whereabouts and the location of the automobile securing the debt are unknown. Mrs. Carwell f...
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OPINION (Government Entity Class Actions) (By Assignment). Alleged antitrust violations by five corporate defendants 1 in the marketing of broad spectrum antibiotics are the subject of approximately 114 actions filed in this district or transferred here pursuant to 28 U.S.C. § 1407. 2 All of *269 these actions were originally assigned to the Ho...
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The defendant, Arcadia Ortiz, was tried before this Court sitting without a jury on December 14, 1970 and January 13, 1971. She was charged with violating Section 500 of Title 18 of the United States Code which makes it a crime to utter a false or forged postal money order “knowing any material signature or indorsement thereon to be false, forged, or counterfeited, or any material alteration there...
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RESOLUTION AND ORDER On January 20, 1971, this Court issued a Temporary Restraining Order in the above captioned case, addressed to respondents. This order was served on some of the respondents in the early hours of January 21, 1971, in Culebra, Puerto Rico. On that same date, in view of respondents’ expressed attitude of not complying with the terms of said restraining order, this Court issued a...
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Plaintiff institutes this suit for substantial tax refunds. The outcome is dependent upon whether the plaintiff qualifies as a “life insurance company” under Section 801 of the Internal Revenue Code of 1954.1 If the plaintiff is entitled to be taxed as a life insurance company it is entitled to the relief sought. Section 801, in defining life insurance companies, provides in part language pertinen...
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OPINION The United States of America has herein instituted libel action in the United States District Court for the Eastern Division of Tennessee against One 1969 Chevrolet Pickup Truck, Identification No. CE149A318676, claimed by General Motors Acceptance Corporation. The described vehicle was seized and its forfeiture is sought pursuant to Title 26, United States Code § 7301 and 7302, while bein...
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In this case, the plaintiff, James Rudolph Murley, challenges Article 472a of the Vernon’s Ann.Texas Penal Code1 which makes it a felony to interfere with a policeman, fireman, doctor, nurse, or ambulance attendant during a riot or civil disturbance. Plaintiff seeks a declaratory judgment that Article 472a is unconstitutional because of vagueness and overbreadth and an injunction preventing defend...
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MEMORANDUM William Henry James brought this habeas corpus action pro se. A central question is the constitutionality of procedures whereby the jurisdiction of the Richmond, Virginia, Juvenile and Domestic Relations Court over James was waived after a hearing at which James had no lawyer, and charges against him were certified to a court of record for trial. The issue of remedy, if the hearing w...
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MEMORANDUM ORDER This is a petition for a writ of habeas corpus to obtain Patrick Alan Matzelle’s release from the United States Navy. Matzelle, an enlisted man serving aboard the USS VULCAN (AR-5), complains that he is being illegally detained in the Navy beyond the expiration date of his enlistment. From the petition and his own testimony, however, it is readily apparent that Matzelle’s claim...
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MEMORANDUM ORDER Petitioner, Walter Howard Harris, presently is incarcerated in the West Virginia Penitentiary at Moundsville, West Virginia. His indeterminate sentence of not less than one year nor more than ten years was imposed upon him on June 6, 1969, by the Intermediate Court of Kanawha County following a jury verdict of guilty of grand larceny. After exhausting direct appellate procedures, ...
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Plaintiff brings this action for damages for personal injuries allegedly caused by the unseaworthiness of defendant’s vessel. Jurisdiction is based upon diversity of citizenship and an amount in controversy in excess of $10,000, exclusive of interest and costs. The case is presently before the Court upon motion of the defendant for summary judgment pursuant to Rule 56(b) of the Federal Rules of Ci...
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324 F. Supp. 412 (1971) BASS ANGLER SPORTSMAN SOCIETY, Plaintiff, v. UNITED STATES STEEL CORPORATION et al., Defendants. BASS ANGLER SPORTSMAN SOCIETY, Plaintiff, v. AVONDALE MILLS et al., Defendants. BASS ANGLER SPORTSMAN SOCIETY, Plaintiff, v. STAUFFER CHEMICAL COMPANY et al., Defendants. Civ. A. No. 70-733, N. D. Ala., S. D.; Civ. A. No. 3124-N, M. D. Ala., N. D.; Civ. A. No. 6290-70-T, S. D. ...
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MEMORANDUM OPINION AND ORDER Before HILL, Circuit Judge, ARRAJ and DOYLE, District Judges. The principal question before us is whether a newspaper’s refusal to print an advertisement violates the first amendment to the United States Constitution. About six months ago plaintiffs began a campaign to prevent construction in Denver of a plant for cutting up the carcasses of animals, an operation which...
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This case is currently before me on the following motions: 1. Motions of defendants Manetti, Pritchard, Turner and Burke to dismiss the indictment as to them on the ground that it is too vague and indefinite. 2. Motions of defendants Manetti, Pritchard and Turner to dismiss the indictment as to them on the ground that the dismissal of a prior indictment against them under Rule 48(a) o...
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MEMORANDUM OF DECISION This action is brought under the Civil Rights Act of 1871, 42 U.S.C. § 1983, to enjoin the defendants from interfering with plaintiff’s access to the courts. The court has jurisdiction under 28 U. S.C. § 1343(3). The plaintiff, Michael A. Meóla, was at the time of the filing of the complaint an inmate of the Massachusetts Correctional Institution located at Walpole, Massa...
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325 F.Supp. 772 (1971) MILTON G. WALDBAUM COMPANY, a Corporation, Plaintiff, v. ROBERTS DAIRY COMPANY, Defendant. Civ. No. 03479. United States District Court, D. Nebraska. February 8, 1971. *773 D. C. Bradford, of Monsky, Grodinsky, Good & Cohen, Omaha, Neb., for plaintiff. Victor J. Lich, Jr., of Miller & Russell, Omaha, Neb., and John E. Kidd, of Kenyon & Kenyon, New York City, for...
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This is an action for a refund of federal income taxes paid by the plaintiff Ethel Merman as a result of the disallowance by the Internal Revenue Service [hereinafter “IRS”] of certain hotel and transportation costs as a “traveling expense” within the meaning of 26 U.S.C. § 162(a) (2). The facts in this case are virtually undisputed. Miss Merman is a well-known entertainer who was born, raised and...
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This is a motion for summary judgment brought by plaintiff, Delores Jackson, to require defendants, Albert Walsh, Administrator of New York City Housing and Development Administration, and the City of New York, to house plaintiff and her two children in one of the unoccupied apartments at 360 Greenwich Street, New York City, at a reasonable rent until such time as the other tenants presently re...
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OPINION This is an action to recover statutory royalties under Sections 1(e) and 101(e) of the Copyright Act (17 U.S.C. §§ 1(e), 101(e)). 1 It was tried before me without a jury. Of all of the defendants named in the caption, only two, Metlis & Lebow Corp. (Metlis) and Monte Bruce, stood trial. Some of the others had previously settled with plaintiffs, one had obtained summary ...
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MEMORANDUM AND ORDER Plaintiff Superior Beverage Company, a corporation that has its principal place of business at 785 W. Rayen Avenue in the City of Youngstown, Ohio, on October 27, 1970, filed its amended motion for summary judgment. It seeks judgment on its petition for declaratory judgment filed May 25, 1970. On August 5, 1970, the defendant United States of America filed its answer and coun...
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ORDER Plaintiff has moved for summary judgment asserting that no genuine material fact issue remains in this case. Plaintiff’s action is for the balance of an account owed Plaintiff by Defendant *712according to the allegations of its Complaint. Defendant has alleged in his Answer and Counter-Claim that Plaintiff previously brought suit against Defendant in the District Court in and for the City ...
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OPINION Defendants seek to suppress (1) two revolvers, two ski masks and two shopping bags seized in two warrantless searches of an auto and (2) oral confessions given to, and memorialized in writing by, the F.B.I. A hearing was held in this matter on June 12,1970.1 On February 6, 1970, at or about 6:45 p.m., patrolman Edwards of the Springfield Township Police observed the two defendants standing...
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MEMORANDUM This action or proceeding was removed to this Court from the Court of Common Pleas of Montgomery County on November 23, 1970, when Pepper and Tanner, Inc., hereinafter referred to as “defendant” filed in this Court a “petition for removal” pursuant to the provisions of 28 U.S.C. § 1441 et seq., alleging diversity of citizenship and an amount in controversy in excess of $10,000.00, bo...
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MEMORANDUM ORDER The accident giving rise to this litigation occurred on the waters of the Sutton Reservoir, also called Sutton Lake, in Braxton County, West Virginia, on or about May 1, 1965. The Sutton Reservoir, waters contained by a dam on the Elk River known as the Sutton Dam, is located entirely within the State of West Virginia. It is alleged that the libelants herein were injured while boa...
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DECISION and ORDER The defendant has brought seven motions in connection with the indictment charging him with a failure to report for induction for military service. Although a briefing schedule was established by the court, the defendant has failed to file any brief in support of his motions. In its brief, the government has stated that it will voluntarily comply with the demands for production ...
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MEMORANDUM AND ORDER Plaintiff, Florine Walker, has initiated this action against the United States for recovery of damages allegedly caused on February 18, 1968, when plaintiff’s car was struck by a railroad train owned and operated by the United States. Plaintiff, at the time of the accident, was an employee of the United States, working in a dining hall situated on Eielson Air Force Base near F...
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MEMORANDUM OPINION This is an action brought by the plaintiffs, Dr. Thomas P. Foltz and Eleanor Foltz, pursuant to the provisions of Title 28 U.S.C. § 1346(a) (1) to recover certain federal income taxes, paid by them for the year 1963. The cause is submitted to this Court without a jury upon the pleadings, stipulation of facts, depositions, discovery material, documentary exhibits and memorandum b...
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ORDER APPROVING PLAINTIFFS’ FINDINGS OF FACT AND CONCLUSIONS OF LAW, ETC. The above captioned consolidated suits are brought by the Greyhound Corporation and Greyhound Lines, Inc. under 26 U.S.C. §§ 6416 and 6421 for the refund of diesel fuel excise taxes paid under 26 U.S.C. § 4041, for part of the year 1957 and each of the years 1958 through 1965. Plaintiffs’ proposed findings of fact portray t...
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MEMORANDUM OPINION AND ORDER This is an action for declaratory and injunctive relief, brought by OD, a corporation publishing a magazine entitled Tasty Comix, and Thomas Jefferson Howell III, a part-time itinerant street vendor. Plaintiffs charge that a District of Columbia licensing statute, 47 D.C.Code § 2336,1 unconstitutionally abridges their rights of freedom of the press and the equal prote...
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MEMORANDUM OF DECISION The plaintiff, Edward W. DePino, a sergeant in the United States Army, seeks mandamus and injunctive relief against his military orders to report to Fort Lewis, Washington, for assignment to Vietnam. A temporary restraining order was issued and a series of hearings was held. The hearings were recessed by agreement of the parties to enable the plaintiff to seek redress throug...
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ORDER OF DISMISSAL This cause came before this Court pursuant to motions of the defendant, The First National Bank of Miami, to *605 dismiss the Complaint, and to strike those portions of the Complaint which refer to the cause as a class action. The defendant, Biscayne Dodge, Inc., joined in and adopted these motions. The Court has considered the arguments of the parties and ...
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324 F. Supp. 315 (1971) John MELTON et al., Plaintiffs, v. CITY OF ATLANTA, GEORGIA, a municipal corporation, Sam Massell, Mayor, Atlanta, Georgia, Herbert Jenkins, Chief, Atlanta Police Department, Louis Slaton, District Attorney, Atlanta Judicial Circuit, Fulton County, Georgia, Hinson McAuliffe, Solicitor, Criminal Court of Fulton County, Fulton County, Georgia, Defendants. Civ. A. No. 14391. ...
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MEMORANDUM AND ORDER ON MOTION TO DISMISS INDICTMENT After the Government rested its case during the trial of this matter, the defendant William Vaughn moved to dismiss the indictment on the grounds that it failed to allege the essential element of felonious intent. For the reasons stated, this court is of the opinion that the motion should be denied. The indictment charges the defendant Vaughn wi...
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*533RULING Oliver Lavergne filed an application for a writ of habeas corpus with this Court, alleging that he is illegally and unconstitutionally detained in the Louisiana State Penitentiary at Angola, Louisiana, under a ten (10) year sentence imposed on November 9, 1966, after his plea of guilty to the charge of simple rape. The guilty plea was entered to the lesser offense after closing argument...
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MEMORANDUM OPINION This action is before the court on motion of defendant to dismiss for lack of jurisdiction over the person of defendant. Plaintiff is a citizen of the State of Mississippi. Defendant is a citizen of the State of Missouri. *359Jurisdiction is based upon diversity of citizenship, the action being one of a civil nature involving a matter exceeding the sum or value of $10,000, excl...
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MEMORANDUM OPINION This suit was filed pursuant to Title 11 U.S.C.A. Sec. 107(d) (2) to set aside a conveyance of real property, from Hugh Rowland to his wife Nellie Elizabeth Rowland, which was recorded the 24th of June, 1968. There is no question that the real property was transferred to the wife “without fair consideration” and within the period of one year before Rowland filed a Petition in Ba...
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MEMORANDUM Plaintiffs move for an order pursuant to Rules 56 and 16, F.R.Civ.P., granting partial summary judgment and simplifying the issues in favor of two of the plaintiff-intervenors in the Fink action and in favor of plaintiff Colonial *989 Realty Corporation, and in favor of all persons similarly situated, against Texas Gulf Sulphur Company (TGS) and Charles ...
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MEMORANDUM Eight plaintiffs move on behalf of themselves and the class they represent (1) for an order pursuant to Rule 56, F.R.Civ.P., granting partial summary judgment against defendants Texas Gulf Sulphur Company (TGS), Claude O. Stephens, Charles F. Fogarty, Richard D. Mollison, and Earl L. Huntington, or, in the alternative, (2) for an order pursuant to Rules 56(d) and 16, F.R.Civ.P....
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OPINION The United States of America, as the owner of the Commodity Credit Corporation (hereafter “CCC”), is entitled to assert a claim for alleged damages to the grain shipment in question, which was donated for charitable purposes by the CCC to the Church World Service, a voluntary agency, for distribution in India, pursuant to 7 U.S.C. sections 1721-1725. The shipment was transported aboard th...
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MEMORANDUM and ORDER Plaintiff moves in a patent suit for a preliminary injunction. The determinative facts are undisputed. The patent involved is United States Patent No. 2,724,720, issued November 22, 1955, on an application filed August 3, 1953. Claim 4 of the patent is upon a therapeutic agent called meprobamate, a drug used in the treatment of disorders of the central nervous system, and amo...
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OPINION and FINAL JUDGMENT Plaintiffs Sharpe, Herrera, and Shelton signed on in December, 1967 as Master, Chief Mate, and Second Mate, respectively, of the S/S Albion Victory, which was owned by the defendant United States. On December 27, 1967 this vessel, while in port in Mobile, Alabama, was extensively damaged by a fire which was not caused by any fault on the part of the Master or of the defe...
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MEMORANDUM OF DECISION AND ORDER PRELIMINARY STATEMENT This is an action, filed September 8, 1968, brought by Negro plaintiffs against Specialized Skills, Inc., doing business as the Charlotte Barber School, and Brown Sparks, its manager, seeking injunctive relief requiring the school to admit the plaintiffs as trainees in their professional barber training program and to allow blacks as well...
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MEMORANDUM OPINION Plaintiff applied for and was denied disability benefits under 42 U.S.C.A. § 423 and here seeks reversal of the Defendant’s determination or remand of his case for the taking of additional evidence. Defendant seeks affirmance of the Hearing Examiner’s denial of disability benefits which stands as the final decision of the Secretary. The questions presented in this case are wheth...
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OPINION The petitioner, Harry Perschka, has presented a petition for a writ of habeas corpus in forma pauperis, with supplementary documents in support of his petition. From the petition and documents, it appears that on December 16, 1965, following a trial and conviction, the petitioner was sentenced to serve a one to two year sentence for burglary, a one to two year sentence for larceny, and a f...
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OPINION This is a suit instituted by the United States of America against Sunny Ayr Farms Dairy, Inc. (“Sunny Ayr”) pursuant to § 8a(6) of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 608a(6), (the “Act”), for enforcement of Milk Marketing Order No. 4, as amended, 7 CFR Part 1004 (the “Order”) issued by the Secretary of Agriculture regulating the handling of milk in the...
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On May 7, 1970, the United States instituted this criminal action by filing the return of an indictment charging in two counts that the defendant Wendell Asbury Bruce, Jr., unlawfully did violate the provisions of the Military Selective Service Act of 19671 and the Rules, Regulations and Directions duly made pursuant thereto, in that the defendant did wilfully fail and refuse to report for an Arme...
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OPINION and JUDGMENT On June 23, 1970 Floyd P. Brown was fired from his job with the Sanitation *237Department of the City of Roanoke. In accordance with the applicable provisions of the Code of the City of Roanoke, he noted an appeal for a hearing before the Personnel Board. At the hearing the plaintiff and his attorney were present but the defendant was not present. The Personnel Board unanimous...
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OPINION AND ORDER This is a civil action for declaratory and injunctive relief. Plaintiff contends that his local draft board improperly refused to reopen his classification to consider his conscientious objector claim, which claim was presented to the board after it had ordered plaintiff to report for induction. On November 6, 1970, a hearing was held on plaintiff’s application for a temporary re...
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DECISION and ORDER The defendant, Aetna Casualty and Surety Company, has moved to dismiss the complaint. In a separate motion, the plaintiff has moved to amend his complaint, and the latter motion is not opposed. As amended, the complaint purports to assert a cause of action under 40 U. S.C. § 270b; the plaintiff seeks to recover under the Miller Act for labor and material furnished by him in conn...
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OPINION Plaintiffs allege that they are the heads of households in which dependent children reside and that their respective net annual incomes, if determined in accordance with Alaska Welfare Manual § 4643.2, are not greater than the allowable maximum for determining assistance under Alaska’s Aid to Families with Dependent Children Act, A.S. §§ 47.25.310-47.25.420 (Supp.1970) amending A....
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ORDER Plaintiff seeks injunctive relief restraining the collection of income tax deficiencies assessed against the plaintiff for the years 1966 and 1967. Title 26 U.S.C. § 7421 provides: “Except as provided in sections 6212(a) and (c), 6213(a), and 7426(a) and (b) (1), no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, wh...
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MEMORANDUM AND ORDER This matter comes before the Court on defendants’ motion to dismiss this action for a declaratory judgment. The following facts are not in dispute. On February 11, 1969, a car owned by Ira A. Foley and driven by William W. Riddle was involved in an accident on Highway 60 in Jefferson County, Kentucky. At the time the accident occurred there was in force a policy of liability ...
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Plaintiff, Lillie Smith, a Louisiana resident, brings this action for workmen’s compensation benefits on behalf of her daughter, a minor, against defendant Continental National American Group, for injuries received in Wisconsin by her daughter during the course of her daughter’s employment by Martin’s Orchards, Inc., a Wisconsin corporation. The defendant carries Martin’s compensation insurance. O...
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OPINION AND JUDGMENT This suit purports to be in maritime tort for damages resulting to plaintiff in an accident occurring October 13, 1967, while working on a pipeline in Plaquemines Parish, Louisiana, near the east line of Section 35, Township 22 South, Range 30 East, shown on “West Bay Area”, plat filed July 25, 1969. Originally, Gulf Oil Corporation, Gulf Refining Company, and Travelers Ins...
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Joseph A. Dennis, a Marine Surveyor representing the United States, went aboard the SS GREEN BAY while it was moored at the Charbonnet Street Wharf in New Orleans to determine the ship’s condition, and inspect its holds, ladders and equipment to see if they were in proper order. His inspection was for the purpose of determining the cash consideration to be paid in a proposed trade of the vessel...
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MEMORANDUM OPINION This is a patent infringement suit brought by Marino Antici (Antici) against The KBH Corporation (KBH) in which Antici asserts that U. S. Patent No. 3,140,881, owned by him, has been infringed by KBH and its predecessor, Gotcher Engineering & Manufacturing Company, Inc. (Gotcher), after notice of claim of infringement, by their continued making, using and selling trailer hitche...
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MEMORANDUM OPINION AND ORDER Petitioner's conviction for armed robbery of a federally insured savings and loan association was affirmed in Kaufman v. United States, 8 Cir., 350 F.2d 408, cert. den. 383 U.S. 951, 86 S.Ct. 1211, 16 L.Ed.2d 212. In his supplemental motion to vacate sentence and judgment, petitioner asserted as one ground for relief that evidence obtained as the result of an unlawful...
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MEMORANDUM OPINION On December 23, 1969, this Court entered a judgment of foreclosure against *1059real property owned by defendant Marion H. MacKenzie encumbered by a deed of trust for the benefit of the Small Business Administration, an agency of the United States. On March 3, 1970, on foreclosure sale, the property was purchased by the Small Business Administration for $34,000. On June 18, 1970...
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OPINION Plaintiff, Tri-Wall Containers, Inc. (hereinafter “Tri-Wall”), a New York Corporation, is engaged in the manufacture and distribution of corrugated paper board containers. Tri-Wall’s prominent product, triple wall board, is described and produced in accordance with the teachings of United States Letters Patent No. 3,096,224.1 Tri-Wall 2 alleges literal infringement of this patent by defen...
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Plaintiffs’ application pursuant to Fed.R.Civ.P. 23 to maintain this action as a class action was granted with direction to counsel to settle an order. The main difference between the proposed orders submitted by plaintiffs and defendant Paine, Webber relates to the content of the notice to be sent to prospective members of the class. Defendant has asserted counterclaims to the complaint. It is of...
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MEMORANDUM AND ORDER This Court is now asked to consider the eighth civil action brought by Harvey Smith, which alleges a) a defective search warrant; b) arrest without probable cause; c) ineffective assistance of counsel; and d) illegal sentence. Upon *94consideration of the briefs submitted, this Court finds that an independent evidentiary hearing is not required. Townsend v. Sain, 372 U.S. 293...
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MEMORANDUM AND ORDER Plaintiff has sued Gulf States Toyota, Inc. [hereinafter called GST], Toyota Motor Sales, U.S.A., Inc. [hereinafter called TMS] and Toyota Motor Distributor, Inc. [hereinafter called TMD]. Plaintiff sues for violation of the Automobile Dealers’ Day in Court Act, 15 U. S.C. §§ 1221-1225, the Sherman AntiTrust Act, 15 U.S.C. § 1-7, and the Clayton Act, 15 U.S.C. § 12-27. Plaint...
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MEMORANDUM OF DECISION The sole issue is whether certain funds contributed to a corporation by its stockholders should be treated as giving rise to a second class of stock within the meaning of I.R.C. § 1371(a) (4) 1 , thereby making it ineligible for treatment under subchapter S. 2 An earlier decision of this court [68-1 USTC j[ 9314], holding such advances not to b...
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OPINION This is an action to declare null and void and to set aside a contract which plaintiff alleges was unlawfully awarded to Texas Instruments, Incorporated by the United States Air Force. A preliminary injunction is sought to restrain defendants from any further performance of the contract. Plaintiff further seeks a mandatory injunction requiring Laird and Seamans to award to it the contract...
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*804 OPINION Defendants were charged with conspiracy to violate the Federal mail fraud statute and with numerous substantive violations of that statute. Following their conviction by a jury on all counts submitted, the defendants moved for a new trial or for judgments of acquittal. Argument was heard on the motions on October 14, 1970. The Indictment On June 7, 1968...
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FINAL JUDGMENT This cause was presented on the respective motions for summary judgment filed by the Plaintiff and the Defendant. It was admitted in open court by both parties that no question of fact is involved, and that the case should be decided as a matter of law. From the facts admitted it appears that the Plaintiff, acting through the Commissioner of Internal Revenue, served a notice of levy...
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OPINION Plaintiff Saul Wilson, doing business as Casino Royale, brings this action against Holiday Inn Curacao N.Y., claiming damages for breach of contract, interference with plaintiff’s contractual rights, and abuse of process. Plaintiff alleges that in September, 1968, pursuant to a contract with defendant, the plaintiff initiated the operation of a legally authorized casino within defendant’s...
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In this suit upon a written guaranty, plaintiff has moved pursuant to Rule 56, F.R.C.P., for summary judgment in the sum of 498,400,000 Lire ($207,334.40) with interest from June 30, 1967, together with reasonable attorneys’ fees, costs and disbursements. In addition plaintiff seeks reasonable expenses incurred by it as the result of defendant’s alleged bad faith opposition to plaintiff’s earli...
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MEMORANDUM OPINION This case was commenced by complaint filed on July 16, 1969, wherein Maryland National Insurance Company, Carl Brooks, Resolute Insurance Company and E. L. Johnson sought injunctive and declaratory relief against The Seventh Judicial District Court of Oklahoma County, Oklahoma, Bob Turner, Sheriff of Oklahoma County, Oklahoma, and Joe. B. Hunt, Insurance Commissioner of the Sta...
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ORDER The Court is of the opinion that the motion of the United States of America for summary judgment ought to be granted, and It is so ordered. This is an action by the plaintiff for the refund of federal corporate income taxes for the fiscal years ending July 31, 1962, 1963, 1964 and 1965. The facts are not in dispute. The plaintiff owned land in Arlington, Virginia, which was leased to the Gia...
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MEMORANDUM OPINION This is an action under 28 U.S.C. Section 1346 for the recovery of federal estate taxes and interest allegedly overpaid by the plaintiff amounting in the aggregate to $48,188.74. Briefly stated, the issue to be determined is whether the value of a certain life insurance policy on the life of D. Holmes Morton (hereinafter referred to as the decedent) is includable in the decedent...
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DECISION and ORDER The complaint in this action seeks both declaratory and injunctive relief with reference to section 106-2.5 of the ordinances of the city of Milwaukee. The plaintiffs contend that the ordinance is unconstitutional and have moved the court for summary judgment. By stipulation, the district attorney for Milwaukee County has been dismissed as a defendant. By its introductory terms,...
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MEMORANDUM OPINION AND ORDER The plaintiffs are domestic farm workers and workers employed in agriculturally-related industries who complain that they are being deprived of employment by the employment by defendants of “illegal entrants” into the United States. The essence of the complaint is set forth in paragraph 1 of the Amended Complaint as follows: “This is a civil action brought by Plaintiff...
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MEMORANDUM AND ORDER By this action Warren Lee Taylor, a December 14, 1970 inductee into the Armed Forces of the United States, seeks his release from the custody of Major Edward W. Fritz, Commanding Officer of the Fort Des Moines Examining and Entrance Station. He bases his claim on 28 U.S.C. § 2241 et seq. The case was tried to the Court on January 6 and 7, 1971. Taylor’s basic position is that ...
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On March 4, 1966, after a plea of guilty, Kenneth Mantz Clark was sentenced by this Court to a term of six years for violation of Title 18 U.S.C.A. § 2314, interstate transportation of stolen and falsely made securities. And now, under Title 28 U.S.C.A. § 2255, he seeks credit for the time which he spent in federal custody for want of bail prior to this sentence. Title 18 U.S.C.A. § 3568 as it was...
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The defendant, Arthur Samuel Sullivan, along with Bernard Carter, has been indicted on charges of armed robbery of the Franklin National Bank, 433 Broadway, New York City. Sullivan moves pursuant to Rule 41(e), Fed.R. Crim.Proc., to suppress certain evidence which was seized at the time of his arrest. The bank robbery in question occurred on June 26, 1970. During the course of the robbery, a telle...
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OPINION Plaintiffs seek a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P., restraining defendant from infringing plaintiffs’ copyright in a design pattern known as “Jessica.” Plaintiff Covington Fabrics Corp. (Covington) is a converter of fabrics, and 5th Avenue Designs, Inc. (5th Avenue), a wholly-owned subsidiary of Covington, purchased a paper design pattern known as “Jes...
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The plaintiff, Sands, a citizen of New York has moved to remand this suit to the New York Supreme Court from whence it was removed as a diversity case on petition of the defendant Geller, a citizen of New Jersey. Webb, named as the other defendant herein, is a citizen of New York and plaintiff contends that there is incomplete diversity of citizenship as between the plaintiff on the one side an...
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OPINION Before the Court is the defendant’s Motion for Partial Summary Judgment (Document 127), pursuant to Federal Civil Rule 56, wherein it seeks dismissal of this action as to United States Patent No. 2,884,288 (’288), on the grounds of invalidity.1 *705Specifically, the defendant asserts that the ’288 patent is invalid, alleging that several commercial applications were placed on sale or in s...
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Plaintiffs Edward S. Woodward, Sr., and Lillian M. Woodward bring this action under 28 U.S.C. § 1346(a) (1) to recover taxes and assessed interest alleged to have been excessively collected for the calendar year 1960. By agreement of the parties, the case has been submitted for decision on their cross motions for summary judgment and accompanying memoranda of law, the facts having been stipulated...
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MEMORANDUM AND ORDER Plaintiff brings this action under 35 U.S.C. § 146 seeking review of a decision of the Patent Office Board of Patent Interferences awarding “priority of invention” as to a particular patent claim to defendant’s assignor. Upon consideration of the evidence adduced at trial and the briefs submitted by counsel, the Court makes the following Findings of Fact 1. Plaintiff, Harold...
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RULING ON PETITION FOR A WRIT OF HABEAS CORPUS The Supreme Court observed in Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963) that to deny an indigent the right to appointed counsel for his first appeal would draw an unconstitutional line between rich and poor defendants. This habeas corpus petition presents questions involving the implementation of the Douglas mandate. The ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Defendant Bernard Anthony Reeves was born July 13, 1943. In June 1962 he registered with Selective Service Local Board Number 116, Tampa, Florida (hereinafter Board). In the section of the Classification Questionnaire (SSS Form 100) marked “Statement of Registrant,” defendant Reeves wrote: “I Bernard Anthony Reeves plan to enter Morris Brown...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECREE This cause, came on for final hearing on January 20, 1971, and the Court having considered testimony of the witnesses, the exhibits, argument of counsel, the pleadings, the matter presented at the hearing on the prayer for preliminary injunction and the memoranda submitted by counsel, makes the following findings of fact and conclusions of law...
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MEMORANDUM AND ORDER Keith E. Gardenhire was a student at the University of Kansas, at Lawrence, *1201 Kansas, until December 10, 1970, when he was notified by letter that he was thereafter suspended from the university. The ordér of suspension was sent by the defendant William M. Balfour, Vice Chancellor for Student Affairs at the university. On January 6, 1971, plainti...
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MEMORANDUM AND ORDER This is an action for personal injuries due to the alleged negligence of either or both of the party defendants. This action was originally instituted in the Jefferson Circuit Court, Louisville, Ky.; however, it has since been removed to this Court. Jurisdiction is based on diversity of citizenship. The complaint was filed on January 5, 1970, but was amended by leave of Court...
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Petitioner, Clarence Tyler, was convicted of armed robbery in Mississippi in 1959. He had served approximately one month of the sentence imposed upon him for that offense in Mississippi when on July 13, 1959, he was released to North Carolina authorities to serve a sentence which had been imposed by that State for an offense, the nature of which the record does not reveal, prior to the one imposed...
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This is an action brought by the plaintiff, Urbain Dardar, under the Jones Act and the General Maritime Law to recover for injuries allegedly sustained in the course of his employment by the defendant Louisiana Department of Highways. The matter was tried to the court on January 14, 1971 and taken under advisement. Upon consideration of the testimony adduced at trial, the stipulations made by c...
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This matter came on for hearing on a former day on motion of defendant, The Boeing Company, to dismiss. Now, after considering the pleadings, the memoranda and arguments of counsel, it appears to the court that the motion to dismiss is without merit and should be denied for the reasons given below. In this suit plaintiff alleges that he was discharged by the defendant because he is a ...
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Defendant’s post-trial motion to reduce plaintiff’s $12,000 verdict in this Federal Employers’ Liability Act case by an offset in the amount of $1,701.20 raises a question on which neither counsel have cited, nor has the court been able to find, any controlling authority. It involves the application of what has been called the “collateral source” rule. Defendant paid the $1,701.20, subject to r...
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OPINION Plaintiff seeks in this action to recover $29,567.19 paid by it to defendant as retailers’ excise taxes for the years 1959 through 1964 and as delinquency return payments and interest relating to those taxes, together with statutory interest on any amounts found to be overpayment. By stipulation, defendant has conceded that plaintiff has exhausted its administrative remedies and that this ...
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OPINION Petitioner, presently confined at Green Haven State Prison, moves for a *1086writ of habeas corpus under 28 U.S.C. § 2254, attacking collaterally a conviction for robbery and possessing a dangerous weapon, imposed upon him by the Supreme Court, New York County, on March 5, 1968 after a jury trial. Allegedly, the conviction was obtained in violation of petitioner’s constitutional rights und...
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This is a class action brought before a three-judge court, 28 U.S.C. § 2281, to have the North Carolina Abortion Statute, 1 G.S. §§ 14-44 to 14-45.1, de *1250 dared unconstitutional and its enforcement enjoined. Although the law is no respecter of persons, plaintiffs’ very occupations lend credence to their contention that the state may not constitutionally prevent ...
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In this action the plaintiff, an eleventh grade student at Logan High School, Logan, West Virginia, sixteen years of age, challenges on constitutional grounds the action of the school officials in suspending him from school unless and until he cut his hair to make it conform to school regulations previously adopted prescribing permissible mode of dress for male and female students. The particular...
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DECISION and ORDER On the application of the plaintiff, this court temporarily stayed the oral depositions which were scheduled to be taken of 16 witnesses, none of whom is a party to this action. After a hearing on the matter, the court further stayed the holding of the said depositions. Briefs on the subject have been presented by opposing counsel. An element of ambiguity surrounds the fact that...
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OPINION This is an action filed pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), wherein plaintiff seeks judicial review of the decision of the Secretary of Health, Education and Welfare denying the application filed by plaintiff’s decedent, Mrs. Anna F. McConnell, on May 19, 1969 for a period of disability and disability insurance benefits under Sections 216(i) and 22...
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ORDER Plaintiffs bring this class action on their own behalf and on behalf of all other nursing home operators in the State of Alabama presently participating in the Medical Assistance Programs established by Title XIX of the Social Security Act, 42 U.S.C.A. § 1396 et seq. (hereinafter referred to as “Medicaid” Program). In their complaint, filed with this Court on September 23, 1970, *1208plaint...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on to be heard before me upon the Plaintiff filing a Complaint *305for Temporary Restraining Order, Preliminary Injunction and a Permanent Injunction, enjoining and restraining the Defendant International Association of Machinists and Aerospace Workers, AFL-CIO. Hearings were held in Miami, Florida, on February 23rd and 26th, 1968 and by agr...
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OPINION This is a diversity of citizenship case in which the plaintiff, Ronald P. Lobas, seeks damages for injury to person and property arising out of a collision between his automobile and a tractor-trailer truck belonging to defendant W. E. Walker Company, and driven by its employee, co-defendant Leroy Waldrop. The collision occurred on October 22, 1969, at about 9:00 p. m., on Interstate Publi...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS The defendants move to dismiss this action. For the reasons stated below, this court is of the opinion the motion should be denied and, further, that these proceedings should be stayed until the plaintiff’s settlement negotiations with the Internal Revenue Service (I.R.S.) are completed. Count I of this two-count complaint alleges that the def...
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MEMORANDUM AND ORDER ON PLAINTIFF’S. MOTION FOR SUMMARY JUDGMENT The plaintiff moves for summary judgment. For the reasons set forth below, this court is of the opinion the motion should be granted. The plaintiff, Sears, Roebuck and Company (“Sears”), a New York corporation with its principal place of business at Chicago, Illinois, brings this action against the defendant, Zurich Insurance Compan...
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MEMORANDUM OPINION This is an action for declaratory and injunctive relief brought to declare that the Illinois abortion statute1 is violative of the United States Constitution for one or more .reasons.2 After a three-judge district court was convened the parties were ordered to restrict their arguments to the allegations that the statute is unconstitutionally vague and unconstitutionally invades ...
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MEMORANDUM OPINION Motions for Summary Judgment and Judgment on the Pleadings This is a contract action alleging, alternatively, a breach of each defendant’s contract of insurance with plaintiff. Jurisdiction is based on diversity of citizenship since plaintiff Ashland Savings & Loan Association (Ashland) is an Illinois corporation and defendants Aetna Insurance Company (Aetna) and Insurance Comp...
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321 F. Supp. 1230 (1971) DuQUOIN PACKING COMPANY, a corporation, DuQuoin, Illinois, Plaintiff, v. LOCAL P-156, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, et al., Defendants. Civ. No. 70-101. United States District Court, E. D. Illinois. January 29, 1971. *1231 Ralph D. Walker, Walker & Williams, East St. Louis, Ill., and Milton O. Talent, Moller, Talent & Kuelthau, St....
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As a result of a disturbance at Thibodaux High School on September 23, 1970, plaintiffs and others were expelled by the school principal for the remain*144der of the 1970-1971 school year. On January 8, 1971, plaintiffs filed a motion for a Temporary Restraining Order in this Court seeking immediate re-instatement. They contended that, long before their offenses were committed, the school board ha...
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Plaintiff, Frank Stewart, is presently under indictment in the Parish of East Baton Rouge, Louisiana, charged with violation of LSA-R.S. 14:26-14:30, as amended, i. e., conspiracy to commit murder. The indictment returned by the Grand Jury in East Baton Rouge Parish, Louisiana, on April 1, 1970, charges that the plaintiff herein, Frank Stewart, and one Alphonse James Snedecor did, on or about Marc...
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The facts of this case are not in dispute. The question presented by cross motions for judgment is whether a surviving widow’s right to receive monthly payments for life and while unmarried pursuant to an employment contract entered into with a corporate employer by her deceased husband providing continuing payments to his widow after his death should be treated as property acquired from a decede...
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These are motions for summary judgment, the first in time by defendant and the other by plaintiffs. Fed.R.Civ.P. 56. All parties agree that there is no genuine issue as to any material fact and that summary judgment is appropriate. Each side insists that summary judgment must be for it. The conclusion reached is that defendant is entitled to summary judgment. The action is brought under Section...
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OPINION This matter is before this court on the application of the Government for an order directing Joanne Kinoy to answer questions before a federal grand jury under a grant of immunity conferred by Title II of the Organized Crime Control Act of 1970. 18 U.S.C. §§ 6001-6003. On January 11, 1971 an Assistant United States Attorney applied to this court for the order. It would compel...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. This action is a claim for a refund of federal income taxes for the fiscal year *773ending July 31, 1962, wherein the plaintiff, Chock Full O’Nuts Corporation, seeks to recover $18,717.70 as an alleged overpayment, together with interest of $2,023.96 paid thereon. There is no disagreement as to the facts which have been set forth in a stipulation a...
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This is the decision after trial, without a jury, of this civil action by plaintiff Frederick Chusid & Company (Chusid) against defendants Marshall Leeman & Co., Inc. (Leeman) and six individuals. There was no jury because no jury demand was served. Fed.R.Civ.P. 38(b). Chusid and Leeman are competing enterprises which, so far as relevant here, offer to business executives counseling servic...
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This is an application for relief by way of 28 U.S.C. § 2255 or writ of error coram nobis or for a new trial by the defendant, Jerome Deutsch, whose appeal from a judgment of conviction is pending in the Court of Appeals. The original indictment contained 7 counts, but the last count was withdrawn and dismissed prior to trial. Count 1 charged Frank D. Mills with violating § 17(d) of the Investment...
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MEMORANDUM By notice of motion dated November 10, 1970, defendants move pursuant to Fed.R.Civ.P. 12(b) (2) for an order dismissing the within complaint or, in the alternative, setting aside service of proc*49ess on the grounds that they have not been properly served. Preliminary to a consideration of the issues raised herein, it should be noted that on January 21, 1971 this motion was assigned to ...
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MEMORANDUM OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW On July 16, 1970, this Court entered herein Settlement Order No. 2 pertaining to a proposed $2,000,000 settlement of claims of plumbing and general contractors in this multidistrict antitrust litigation. Such Order provided for the establishment of a temporary national class of plumbing and general contractors having claims again...
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MEMORANDUM OPINION In this Petition for Habeas Corpus, the Petitioner alleges that he is presently stationed at Fort Sam Houston in Company “A”, Second Battalion, U. S. Army Medical Training Center, where he is unlawfully restrained and deprived of his liberty by the Respondents because the Department of the Army denied his request to be discharged from the United States Army as a 1-0 Conscientiou...
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MEMORANDUM Plaintiffs in this class action, the Richmond school desegregation matter, have moved the Court to direct the city school board to put into effect for the second semester of the 1970-71 school year the plan for school operations offered by plaintiffs in hearings conducted prior to the opening of school in 1970. This has been referred to as the Foster plan because it was prepared under t...
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OPINION On July 12, 1966, claimant, Mary V. Long, filed an application as a widowed .mother with children for benefits under § 202(g) (1) of the Social Security Act, 42 U.S.C. § 402(g) (1), alleging that she was the widow of the deceased wage earner, Lambert L. Long, who died on May 28, 1966. She also claimed as a widow without regard for children. 42 U.S.C. § 402(e) (1). On October 31, 1966, the ...
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DECISION and ORDER The petitioner supplied materials to the bankrupt. Some three months prior to the bankrupt’s voluntary petition for bankruptcy, the petitioner commenced actions in the circuit court of Milwaukee County resulting, during the pendency of the bankruptcy, in a judgment against the bankrupt for the money owing on these jobs and garnishment orders against the owners of the three parce...
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OPINION This action was brought to set aside and annul an order of the Interstate Commerce Commission Transfer Board [hereinafter referred to as the Commission and Transfer Board, respectively], which authorized the transfer of motor carrier operating rights between two small carriers in Wrangell, Alaska. This suit was filed by the only competing interstate trucker on Wrangell Island, whose vigor...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF MANDAMUS Petitioner filed a Petition for Writ of Mandamus on September 19, 1969, in the United States District Court for the District of Columbia praying for a Writ ordering the release of petitioner from federal custody. Upon motion of the United States Attorney, this action was transferred to this Court pursuant to 28 U.S.C. § 1404(a). *1159Petit...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The following statement of the case is taken from the Pretrial Order and is an agreed statement of the admitted facts that are material: This action arises from a collision between the S./T CABIMAS and the S/S TRANSCOLORADO that occurred on November 10, 1968 at approximately 0755 hours while the CABIMAS was commencing a southbound transit of the Panama Cana...
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ORDER In this blockbusting case brought pursuant to 42 U.S.C.A. § 3613 the government bases its complaint on three claims. The first two are based on the so-called “first alternative” of 42 U.S.C. A. § 3613 which allows the Attorney General to bring an action when he “has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to t...
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In 1965, after a trial by jury in this district, Judge Robert A. Ainsworth presiding, Charles A. Barbarin was convicted of the sale of narcotics. He appealed and his conviction was affirmed. Barbarin v. United States, 5th Cir. 1968, 393 F.2d 110. Mr. Barbarin was represented by G. Wray Gill, whom he had retained. On October 10, 1969, Mr. Barbarin filed a motion to vacate sentence under 28 U.S.C.A....
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Mr. Thomas A. Motto was a civil service employee who was employed by the U. S. Government for nine years. He lived and worked in New Orleans, and was earning $8,243 annually. In 1967, he was notified that he was being reassigned to Fort Worth at the same sala*1219ry. Motto contends that this was an adverse action and that he was entitled to a hearing under 5 U.S.C. Sec. 7512.1 He alleges that his ...
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District Judge. This is an action in which the plaintiff seeks, together with related relief, an accounting of profits and assets of an alleged partnership between him and the defendant. Plaintiff is a citizen and resident of the State of Maryland and the defendant is a citizen and resident of the Commonwealth of Virginia. The matter in controversy is alleged to exceed Ten Thousand Dollars...
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321 F.Supp. 1067 (1971) Dominic A. PIRACCI, Sr., Mary Violet Piracci, Piracci Construction Company v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. Civ. No. 70-1123-T. United States District Court, D. Maryland. January 28, 1971. *1068 George Cochran Doub, Baltimore, Md. (John J. Ghingher, III, Baltimore, Md., on the brief), for plaintiffs. John J. Loflin, Acting Corporation Counsel of City of New Y...
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In an indictment filed in this court April 10, 1970 it was charged that defendant “did knowingly and wilfully fail and neglect to perform a duty required . of him Under and in the execution of the Military Selective Service Act of 1967 * * * in that the defendant did fail and neglect to comply with an order of his local board to report for and submit to induction into the armed forces of the Unite...
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In 1970, 850,000 students attended nonpublic schools in the State of New York. The New York Legislature, finding by Ch. 138 of the Laws of 1970: “That the state has a primary responsibility to assure that its precious resource, the young people of the state, receive educational opportunity which will prepare them for the challenges of American life in the last decades of the twentieth century. “Th...
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MEMORANDUM AND ORDER Each of these actions seeks declaratory and injunctive relief, and each is founded on 42 U.S.C. § 1983 (1964) (deprivation of civil rights). Consolidated for trial each action requests a permanent injunction to bar the prosecution of the 25 persons secretly indicted on October 16, 1970, by a Special Grand Jury of Portage County (Ohio) Common Pleas Court, in 30 true bi...
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325 F. Supp. 701 (1971) John R. McCANN and Mary Jane McCann, Plaintiffs, v. ATLAS SUPPLY COMPANY and Humble Oil & Refining Company, Defendants. Civ. A. No. 68-1103. United States District Court, W. D. Pennsylvania. January 28, 1971. *702 Thomas J. Shorall, Pittsburgh, Pa., for plaintiffs. John M. Duff, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendants. OPINION WEIS, Distri...
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OPINION Defendant has moved for a change of venue to either the United States District Court at Mobile, Alabama or the United States District Court at New Orleans, Louisiana. Plaintiff, a seaman, brought the present action to recover for injuries sustained aboard the S. S. STELLA LYKES while the ship was in Manila. Defendant’s motion is made pursuant to 28 U.S.C. § 1404(a) which provides : “For th...
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MEMORANDUM AND ORDER On December 28, 1969, the defendant, Richard Edward Henkel, was arrested *1394by agents of the FBI for robbery of the Keystone Bank for which he had been indicted at the above criminal number on November 7, 1969. The arrest took place at Holiday Inn, West' Mifflin, Pennsylvania. Certain articles of personal property were taken from him by the agents. According to the docket,1 ...
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OPINION AND JUDGMENT This action is brought pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to set aside the defendant’s denial of disability insurance benefits. The plaintiff filed an application for benefits on November 9, 1965 and he alleged that his disability dated from October 23, 1965. This claim was denied initially and on reconsideration. A second application wa...
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321 F. Supp. 1307 (1971) In the Matter of HURT ENTERPRISES, INC., Bankrupt. No. 69-BK-175-H. United States District Court, W. D. Virginia, Harrisonburg Division. January 28, 1971. *1308 Felix E. Edmunds, Edmunds, Freed & Cooley, Carter Allen, Allen & Dalton, Waynesboro, Va., for First & Merchants National Bank. Charles E. Kelly, Staunton, Va., Trustee for Hurt Enterprises. Colin J. S....
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MEMORANDUM ORDER On May 5, 1967, a five-count information was filed in this action, the first four counts charging this defendant with willful and unlawful failure to pay the special occupational tax required to be paid by 26 U.S.C.A. § 4461(a) (2) on coin-operated gaming devices, as defined in 26 U.S.C.A. § 4462(a) (2), before maintaining such gaming devices for use, as required by 26 U.S.C.A. § ...
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MEMORANDUM OPINION Plaintiff, Jeffrey Gabon, Inc., an Ohio corporation, complains that defendant, Joy Manufacturing Company, a *262Pennsylvania corporation, has infringed plaintiff’s patent on a coal mining machine sold to and used by Consolidation Coal Company at one of its coal mines located within the Northern Judicial District of West Virginia. Defendant has moved to dismiss plaintiff’s compl...
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DECISION and ORDER The petitioners seek a writ of habeas corpus. In a letter dated December 29, 1970, I advised counsel of my belief that the applicants were entitled to relief and asked their counsel to propose an order for my signature. The difficulties attendant to the composition of such order have provoked further research by the court, and I am now of the opinion that the writ should be deni...
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DECISION and ORDER There are several motions now pending before the court. The defendants Volpe, Turner and Paddock have moved for summary judgment. The defendant Redmond has moved for summary judgment and has also moved to dismiss on the ground that indispensable party defendants have not been joined. The plaintiffs have filed a cross motion for summary judgment in their favor. I have determined ...
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ORDER DENYING APPLICATION FOR BAIL PENDING APPEAL This matter comes before this District Court upon Order of the Court of Appeals, Ninth Circuit, dated January 6, 1971 (Duniway and Kilkenny, Circuit Judges), referring defendant-appellant Sutton’s “Motion for Release on Bond Pending Appeal” filed in the Court of Appeals December 28, 1970, together with eight supporting affidavits. Upon due consider...
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324 F.Supp. 878 (1971) ENVIRONMENTAL DEFENSE FUND INCORPORATED et al., Plaintiffs, v. CORPS OF ENGINEERS OF the UNITED STATES ARMY et al., Defendants. Civ. A. No. 2655-69. United States District Court, District of Columbia. January 27, 1971. *879 Edward Lee Rogers, Gen. Counsel of Environment Defense Fund, East Setauket, Stony Brook, N. Y., Jon T. Brown, Washington, D. C., for plaintiffs. Martin ...
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327 F. Supp. 476 (1971) UNITED STATES of America v. Raymond C. MITCHELL, d/b/a Ray Mitchell Realty Company. Civ. A. No. 13467. United States District Court, N. D. Georgia, Atlanta Division. January 27, 1971. *477 John N. Mitchell, Atty. Gen., Jerris Leonard, Asst. Atty. Gen., Frank E. Schwelb and Thomas M. Keeling, Attys., U. S. Dept. of Justice, Washington, D. C., for plaintiff. Hansell, Post, B...
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MEMORANDUM OPINION The case of Charles Townsend is said to be the oldest capital punishment case in the country. The history of the so-called Townsend case dates from the time of Charles Townsend’s arrest in the early morning hours of New Year’s Day 1954 and covers a span of 17 years. Petitioner (hereinafter sometimes referred to as “Townsend” or “petitioner”) was indicted for the murder of J...
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On June 17, 1970, Bob W. Sterling was arrested by FBI Agents, accompanied by New Orleans police officers, for allegedly violating 18 U.S.C. § 659 by stealing two suitcases moving in interstate commerce. Thereafter, the Grand Jury returned a five-count indictment charging him with this and similar thefts to which Sterling pled not guilty. He then filed this motion to suppress on various grounds all...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court. Findings of fact and conclusions of law are set out hereafter: Findings of Fact 1. Tract No. OZAR 530 contains 95 acres, more or less, and is located on the east bank of Jacks Fork River, approximately one mile north of the intersection of Jacks Fork and Current Rivers. A more detailed description of this tract is set ou...
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MEMORANDUM Plaintiffs bring this action as executors of the estate of Marie E. Rott, to recover an alleged overpayment of estate taxes for which claim for refund has been duly made and disallowed by the Commissioner of Internal Revenue. At issue in this proceeding is the question of whether or not certain trusts established by Marie E. Rott, prior to her death, should be included in her gross esta...
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OPINION Defendant National Savings and Trust Company (the Bank), invoking a provision of the National Banking Act 1 which, if applicable, would confine actions against the Bank to the District of Columbia, moves to dismiss the complaint as to itself for improper venue. A brief history of this litigation is called for. Since the service of the sum *378 mons and...
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OPINION On the night of October 13, 1965, shortly after 8:30 p. m., a sixteen-year-old girl was watching television while she served as a baby sitter in a home in *441New Castle, New York. Sensing the presence of someone behind her, she turned and saw a man standing in the room holding a rag in his hand. The room was amply lighted, and she saw him face-to-face for a period of a half minute or so. ...
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Plaintiff, Iberian Tankers Company, the owner of the s/s Wapello, and the defendant, Terminales Maracaibo, C. A., entered into a contract at Maracaibo, Venezuela, for the towage of the s/s Wapello from Maracaibo, Venezuela, to Curasao, Netherlands Antilles. Two tugs of the. defendant, the Cardón and the Rosa F., were engaged in the operation when a collision occurred between the s/s Wapello and a...
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MEMORANDUM This is a motion to confirm a series of arbitration awards. It was brought on under 9 U.S.C. §§ 6 and 9, after having originally been brought pursuant to N.Y.C.P.L.R. 7510 (McKinney 1963) by petition in the New York State'Supreme Court, in a special proceeding under C. P.L.R. Article 4, §§ 401-411. Defendants removed it to this court under 28 U.S.C. § 1441; the court possesses jurisdic...
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OPINION AND ORDER This matter has been submitted to the Court on a stipulation of facts filed March 5, 1969, and the memoranda of the parties. The decedent, Robert A. Kidd, died May 21, 1962, leaving a last will and testament dated December 22, 1953. The will provided, in relevant part: ITEM II. I give, devise and bequeath to my wife, Doris H. Kidd, all the property, both real and personal, of eve...
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MEMORANDUM AND ORDER Supermarket Films, Inc., plaintiff, has filed a complaint alleging that Edward Kramer, while acting in collusion with Sylvania Electric Products, Inc., “illegally and improperly” purchased certain of plaintiff’s property at a sale conducted by a United States Marshal. This action is currently before the court on plaintiff’s application for a preliminary injunction, which furt...
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MEMORANDUM AND ORDER On or about February 19, 1970, plaintiff, a New York corporation, and defendant, a California corporation, entered into two contracts under the terms of which plaintiff agreed to supply certain labor and materials to defendant in connection with work to be done on the premises of Astra Pharmaceutical Products, Inc., a Massachusetts corporation, and Western Electric Company, a ...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW, AND ORDER This is an action in admiralty in which J. Kinderman & Sons as owner of a shipment of toys and novelties seeks to recover the value of the shipment which was destroyed by fire after its discharge onto Pier 53 in Philadelphia. We enter the following findings of fact: FINDINGS OF FACT 1. Plaintiff, J. Kinderman & Sons (Kinderman), is a Pen...
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OPINION AND ORDER The present action was brought as a civil rights action under 42 U.S.C.A. § 1983 et seq. and seeks, pursuant to 28 U.S.C.A. § 2201, “to have declared unconstitutional, and to preliminarily and permanently enjoin, the deprivation under color of state law of rights, priv*236ileges, and immunities secured to plaintiffs by the United States Constitution.” Complaint p. 3. The gravamen...
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OPINION AND ORDER In this action plaintiff, Southland Mall, Inc., a Maryland corporation with its principal place of business in Tennessee, sues the County Trustee (tax collector), the County Quarterly Court (a legislative body) and the County Commission of Shelby County, Tennessee to recover a refund of realty taxes assessed on plaintiff’s shopping center and paid under protest for the year 1967...
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OPINION and JUDGMENT Nathan Breeden, Jr. was convicted after a plea of guilty of the crime of malicious assault in the Corporation Court of the City of Charlottesville on September 23, 1966. He received a sentence of sixteen years and now, unhappy with his circumstances, he has submitted a petition for a writ of habeas corpus which has been filed in forma pauperis and transferred to this district ...
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DECISION AND ORDER The complaint in this action seeks both declaratory and injunctive relief in connection with chapter 910 of the municipal code of the city of Waukesha. At a hearing held on August 27, 1970, a briefing schedule was established, and it was also agreed that an evidentiary hearing would be ordered only if the briefs of the parties showed that there were substantial issues of fact...
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ORDER AND MEMORANDUM OPINION Plaintiff, as trustee for Peterson Ford, Bankrupt, has brought this action against defendant, Southwest Bank, under Section 60 of the National Bankruptcy Act, 11 U.S.C. § 96, seeking to recover the value of property and credits allegedly taken and received from the bankrupt in preference to other creditors of the same class. Defendant claims that it is entitle...
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321 F. Supp. 1313 (1971) In the Matter of Carole CALESTINI, Bankrupt. No. B 70 3241. United States District Court, N. D. California. January 26, 1971. *1314 Samuel P. McGeachey, Oakland, Cal., for petitioner. Kerry M. Gough, Oakland, Cal., for Trustee. ORDER PECKHAM, District Judge. This case is before the Court on a petition to review a turnover order of the Referee in Bankruptcy. Petitioner is...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter is before the Court on the Plaintiffs’ Supplemental Complaint, Motion for Preliminary Injunction and the Appointment of a Receiver Ancillary Thereto, Plaintiffs’ memorandum of points and authorities in support thereof, and the Defendant, Walter E. Washington’s opposition thereto. The Court heard argument by counsel for Plaintiffs and Defendant Wa...
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ORDER After due notice to all parties this cause was heard upon Plaintiff’s Complaint seeking declaratory and injunctive relief under 42 U.S.C. Section 1983, 28 U.S.C. Sections 1651, 2201 and 2202 and upon Defendant’s Motion to Dismiss for lack of jurisdiction. Plaintiff, a member of The Florida Bar, asserts that he is about to be disbarred pursuant to an Order entered by the Board of Governors of...
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ORDER DETERMINING ACTION TO BE MAINTAINABLE AS A CLASS ACTION AND A DERIVATIVE ACTION The Complaint in this action alleges violation of Sections 10(b) and 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j and 78n, Rules 10b-5 and 14a-9, 17 C.F.R. § 240.10b-5 and § 240.-14a-9 promulgated thereunder, and § 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q; also common law fraud and ...
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OPINION This action arises pursuant to 28 U. S.C. §§ 1331, 1343, 2201-2202, and 42 U.S.C. § 1983 to have declared as invalid, under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and the Kentucky Constitution, a portion of a Kentucky State statute commonly denominated as the “Rollback Law,” specifically Section 160.470(2) thereof, as well as other relate...
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321 F.Supp. 1074 (1971) UNITED STATES of America, Plaintiff, v. John SINCLAIR, Lawrence Robert "Pun" Plamondon, John Waterhouse Forrest, Defendants. Crim. No. 44375. United States District Court, E. D. Michigan, S. D. January 26, 1971. *1075 Ralph B. Guy, Jr., U. S. Atty., J. Kenneth Lowrie and John H. Hausner, Asst. U. S. Attys., for plaintiff. Leonard Weinglass, Newark, N. J., for John Sinclair...
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ORDER SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF’S OBJECTIONS TO DEFENDANT CARRI-CRAFT’S INTERROGATORIES; DENYING PLAINTIFF’S MOTION “FOR ORDER COMPELLING DEFENDANT CARRI-CRAFT, INC. TO REFRAIN FROM HARASSING, ANNOYING AND EXPENSIVE DISCOVERY AND TO AWARD PLAINTIFF EXPENSES INCURRED IN ANSWERING DEFENDANT CARRI-CRAFT’S FOURTH SET OF INTERROGATORIES”: GRANTING MOTION FOR EXTENSION OF DISCO...
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OPINION AND ORDER Presently before the court is the defendant’s motion for summary judgment pursuant to rule 56(b), Fed.R.Civ.P. This is an antitrust treble damage suit in which the plaintiff, Waterman Electronic Tube Corporation (“Waterman”), is seeking redress for damages sustained as the result of an alleged conspiracy between defendant Corning Glass Works, Inc. (“Corning”) and Lancaster Glass...
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OPINION AND ORDER Before the Court is the motion of plaintiff Willie Jackson for summary judgment in his action under the Civil Rights Act, 42 U.S.C. § 1983. In his original complaint, plaintiff Jackson claims that his “CIVIL LIBERTIES Has Been Violated” and that “He Is Presently In Restraint Of His Liberty As A Result Of ‘Invidious Discrimination’ As Executed By The Defendant”. Plaintiff sta...
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324 F. Supp. 55 (1971) UNITED STATES of America v. Leroy LINDSEY. Crim. No. 1881-70. United States District Court, District of Columbia. January 25, 1971. *56 Axel Kleiboemer, Asst. U. S. Atty., Washington, D. C., for the United States. Andrew T. Altmann, Washington, D. C., for defendant. MEMORANDUM OPINION GASCH, District Judge. This case came on for trial on November 23, 1970. After a jury had...
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MEMORANDUM OF DECISION UPON CONTEMPT APPLICATION AGAINST RESPONDENT MRS. JEANNE KLINE (WIFE OF DEFENDANT ROBERT S. KLINE) QUESTION PRESENTED Plaintiffs’ application for an adjudication of contempt of court against the wife of defendant Robert S. Kline, Mrs. Jeanne Kline (hereinafter, “respondent”), presents the legal question whether this Court has jurisdiction over respondent ; and the resolutio...
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321 F.Supp. 388 (1971) UNITED STATES of America, Plaintiff, v. Thomas L. LITTLE, Defendant. Crim. A. No. 2079. United States District Court, D. Delaware. January 25, 1971. *389 F. L. Peter Stone, U. S. Atty., Wilmington, Del., for plaintiff. Lawrence M. Sullivan of Sullivan, Potter & Roeberg, Wilmington, Del., for defendant. OPINION LATCHUM, District Judge. The defendant, Thomas L. Little, s...
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ORDER On May 22, 1956, petitioner was convicted for violating 18 U.S.C. § 2113 (bank robbery) and was sentenced to five (5) years imprisonment by the United States District Court for the Northern District of California. One found guilty of violating such statute may be “fined not more than $5,000 or imprisoned not more than twenty years, or both.” 18 U.S.C. § 2113(a). The statute does not provide ...
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ORDER REJECTING PROPOSED COMPROMISE AND SETTLEMENT This litigation arises as a result of rejection by the Safeway Stores of a complaint filed with the Equal Employment Opportunity Commission by the plaintiff Union, and three individual employee members thereof, on behalf of all female employees as a class in certain classifications of the meat-packing and meat-handling department, and conciliation...
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A motion for summary judgment here raises the question whether a contract between a building owner and its architects constitutes a stipulation pour autrui in favor of the contractor engaged to construct the building, and whether the architect is impliedly a party to the owner’s agreement with the construction contractor. The Board 1 wanted to build an exhibition facility, to be...
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321 F. Supp. 1295 (1971) Van H. FLYNN v. Clarence B. GIARRUSSO, Superintendent of Police of the City of New Orleans, Bernard B. Levy, Chief Administrative Officer of the City of New Orleans, the Honorable Moon Landrieu, Mayor of the City of New Orleans, and the City of New Orleans[1]. Civ. A. No. 70-3570. United States District Court, E. D. Louisiana, New Orleans Division. January 25, 1971. *1296...
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In issue in this case are (1) the validity under the Federal Constitution of the replevin procedures of the People’s Court of Baltimore City, 1 both facially and as applied to plaintiff herein as an indigent defendant in a replevin proceeding in that Court; and (2) the right of such a defendant to have initially determined in a federal court suit, instituted after the commencement an...
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OPINION AND ORDER The financial difficulties of the Penn Central Transportation Company, now the subject of a Section 77 Reorganization proceeding before Judge John P. Fullam in the Eastern District of Pennsylvania, have generated numerous lawsuits by dissatisfied stockholders and bondholders of the related Penn Central companies. Most of these actions are brought by stockholders of the P...
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MEMORANDUM OPINION This suit was filed under the “Miller Act” 40 U.S.C.A. §§ 270a-270e. McDonald and Wilkerson entered into a contract on January 22, 1968 providing for McDonald to do certain subcontracting work on a housing contract held by Wilkerson at Cannon Air Force Base, New Mexico. The contract specifically provided for amendment and such amendments were made in writing in the early period ...
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ORDER The above-entitled cause came before the Court on Defendant’s Motion to Dismiss or in the Alternative for Summary Judgment and on Plaintiff’s Cross-Motion for Summary Judgment. The facts necessary to the determination of these motions appear to be the following: 1. The veteran, Booker T. Mc-Clendon, was in Armed Services during World War II and had a National Service Life Insurance policy in...
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OPINION Presently before me for consideration are the defendants’ Petition for Security for Costs pursuant to Rule 9(a) of this Court, and their Motion for Security for Expenses pursuant to § 516, subd. B of the Pennsylvania Business Corporation Law. The plaintiff, Louis Marshall, a holder of 400 shares of common stock of Spang Industries, Inc. (Industries) brought suit on May 18, 1970 naming as ...
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OPINION Presently before the court are plaintiff’s motions for new trial on the issue of damages and judgment notwithstanding the verdict pursuant to Fed.R.Civ.P. 59(a) and 50(b) respectively. Plaintiff is a longshoreman who was injured while performing loading operations aboard defendant’s vessel. A jury determined that certain conditions that existed in the hold of the vessel in which plaintiff ...
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MEMORANDUM OPINION The plaintiff brings this action against the defendants for breach of a labor-management contract pursuant to Section 301 of the National Labor Relations Act, as amended, 29 U.S.C.A. § 185 et seq. The plaintiff, Local Carpenters Union No. 529 of the United Brotherhood of Carpenters and Joiners, AFL-CIO, operates with a membership jurisdiction and offices in the Camden, Arkansas...
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*535ORDER GRANTING PARTIAL SUMMARY JUDGMENT This is an action brought under § 205(g) of the Social Security Act, 42 U. S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff an award of disability insurance benefits under § 223 of the Act, 42 U.S.C. § 423. Plaintiff was born on January 6, 1913. From 1945 until the mid-1950’s plaintiff was sel...
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OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT FOR DEFENDANT This is a contempt proceeding arising out of the failure to produce a document before the Grand Jury pursuant to two subpoenas duces tecum. The cause came on regularly for hearing and trial before the Court sitting without a jury on an order to show cause why the defendant, Jeremy Jacobs, should not be held in c...
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324 F.Supp. 704 (1971) Governor TURNER et al., Plaintiffs, v. EXCAVATION CONSTRUCTION, INC., et al., Defendants. Civ. A. No. 1005-70. United States District Court, District of Columbia. January 22, 1971. Joseph H. Koonz, Jr., Washington, D. C., for plaintiffs. John L. Ridge, Jr., William J. Donnelly, Jr., Washington, D. C., for defendants. MEMORANDUM OPINION GESELL, District Judge. Plaintiff fil...
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MEMORANDUM-ORDER Joseph McKenney, plaintiff in this case, was an apprentice iron worker. At the time of the incidents which gave rise to this action, he was employed by the Major Steel Corporation. Major Steel was the structural steel subcontractor on a construction job in Lanham, Maryland; the defendant, Capitol Crane Corporation, was the subcontractor providing crane service at the site. On the ...
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RULING ON PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION The petitioners, Daniel and Philip Berrigan, are serving sentences at the Federal Correctional Institution, in Dan-bury, Connecticut. Both have been convicted of separate federal crimes involving the mutilation of Government records, the destruction of Government property and interference with the administration of the Selective Service ...
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JUDGMENT This action to set aside certain orders of the Interstate Commerce Commission having come on regularly for hearing on December 18, 1970, before a three-judge court, convened pursuant to the provisions of 28 U.S.C. Sections 1336, 1398, 2284 and 2321-2325; the Court having reviewed and considered the record of the proceedings before the Defendant Interstate Commerce Commission designated by...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-entitled cause came on before the Court, sitting without a jury, on December 23, 1970, on Plaintiffs’ application for a preliminary and temporary injunction. Thomas N. Todd, Robert Plotkin and Michael L. Shakman appearing for the plaintiffs, and Richard L. Curry, Corporation Counsel of the City of Chicago, Earl L. Neal, Special Assistant Corpora...
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MEMORANDUM OPINION Defendants’ Motions For Summary Judgment This is a patent infringement brought by Continental Coatings Corporation (Continental), an Illinois corporation, against Metco, Inc. (Metco), a New Jersey corporation, and two of Metco’s customers, F. H. Ayer Mfg. Co. (Ayer) and U. S. Metallizing & Welding Corp. (MW), both of which are Illinois corporations. The patent in the suit, U. S....
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MEMORANDUM AND ORDER Section 1382(b) (1) of the Internal Revenue Code of 1954 is part of Sub-chapter T relating to the taxation of cooperatives and their patrons.1 It provides that the taxable income of all cooperatives (with exceptions not applicable here) shall not include amounts paid or allocated as patronage dividends. This action for refund of corporate income taxes presents the narrow and ...
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On a previous day the defendant brought on four motions for hearing: (1) to vacate the ex parte order of this Court made May 25, 1970, for the deposition of the arbitrators; (2) to accelerate the motion of Fukaya to vacate the arbitration award and to deny the motion ; (3) to vacate the ex parte order of this Court made May 25, 1970, staying enforcement of the arbitration ...
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OPINION OF THE COURT The issue before the Court arises out of plaintiffs’ motion to remand. On September 18, 1970, plaintiffs filed an information against the above named corporate defendant in the Circuit Court of the First Judicial District of Hinds County, Mississippi, seeking a forfeiture of defendant’s corporate franchises and privileges on the grounds that it has exceeded its corporate power...
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This is a suit brought to test the constitutionality of one of North Carolina’s miscellaneous police regulations, codified as N.C.G.S. § 14-381, and entitled “Desecration of State and National flag”. The statute is printed in the margin.1 Enacted in 1917 during a period of national chauvinistic fervor, it is an uncommonly *587bad statute. Despite our respect, and indeed love, for these symbols of ...
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*1110MEMORANDUM OPINION AND ORDER I. [1] On October 30, 1970 argument was had on a motion by the defendant, District Attorney of Philadelphia County, Arlen Specter, Esquire, to dismiss 1 the complaint on the ground inter alia 2 that this court should abstain from deciding the issues presented at the present time, which involve the so-called Pennsylvania abortion statutes, 18 P.S. §§ 4718 and 4719...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action brought by the Chapter X Trustee of Central San Vicente, Inc.,1 a local sugar mill, to recover from the Puerto Rican Branch of The Chase Manhattan Bank1 payments totalling $250,000 as preferences voidable under Section 60 of the Bankruptcy Act or as fraudulent transfers under Section 67, sub. d of the Act. Following reorganization, San Vic...
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MEMORANDUM OPINION, ORDER AND CERTIFICATE The Court awarded the federal writ of habeas corpus herein after it was made to appear that circumstances exist which render corrective process of the state of Tennessee ineffective to protect the rights of the petitioner as a prisoner. 28 U.S.C. § 2254(b). The Court summarily heard the facts on January 20, 1971 in the Winchester Division of this district....
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MEMORANDUM OPINION AND ORDER This is a civil action. The plaintiff invoked the diversity jurisdiction of this Court, 28 U.S.C. § 1332(a), (1), (c). The defendant moved to dismiss the *1353complaint, on the ground that diversity is lacking between the parties, and that this Court lacks jurisdiction of the subject matter of the suit. Rule 12(b) (1), Federal Rules of Civil Procedure. An evidentiary h...
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MEMORANDUM AND ORDER: This is a diversity action, filed by the husband alone, to recover for the personal injuries sustained by the wife. The plaintiff, William S. Weatherford, alleges that he is a citizen of New Mexico. The three defendants are M. E. Malakoff, M. D., a citizen of Texas and a practicing physician in Laredo, Webb County, Texas, within this district and division; Oscar L. Elizondo,...
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321 F. Supp. 1088 (1971) Hiram B. ELY et al. v. Richard W. VELDE et al. Civ. A. No. 459-70-R. United States District Court, E. D. Virginia, Richmond Division. January 22, 1971. *1089 Emanuel Emroch, Jay G. Kauffman, Richmond, Va., for plaintiffs. David G. Lowe, Asst. U. S. Atty., Richmond, Va., for defendants Velde & Coster. Van H. Lefcoe, Asst. Atty. Gen., Richmond, Va., for defendant Brown....
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JURISDICTION This is a civil action brought under Title 28 U.S.C. § 1346 for refund of United States corporation excess profits taxes alleged to have been overpaid by plaintiff for the fiscal year ending July 31, 1953, and for refund of United States corporation income taxes alleged to have been overpaid by plaintiff for the fiscal years ending July 31, 1953 through July 31, 1958, together with in...
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325 F. Supp. 728 (1971) ENVIRONMENTAL DEFENSE FUND, INC., the Ozark Society, Ark. Audubon Society, Inc., Ark. Ecology Center, Pratt Remmel, Jr., and Russell Harper, Plaintiffs, v. CORPS OF ENGINEERS OF the U. S. ARMY, Stanley R. Resor, Sec'y of the Army, and Gen. Frederick B. Clarke, Chief of Engineers, Corps of Engineers of the U. S. Army, Defendants. No. LR-70-C-203. United States District Cour...
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OPINION This is a civil action, brought by the trustees of a dissolved Delaware corporation for the refund of Federal income taxes in the sum of $27,583.81, paid by the taxpayer corporation for the fiscal year ended March 31, 1964, plus statutory interest thereon. Jurisdiction exists by virtue of 28 U.S.C. § 1346(a) (1) and venue is proper under 28 U.S.C. § 1402. The case is now befo...
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OPINION Alfred Johnson brings this petition for writ of habeas corpus to obtain his release from the United States Army with which he is now on active duty. Johnson was inducted into the Army on January 23, 1969. On completion of combat training, he was ordered to Fort Lewis, Washington, for shipment to Viet Nam. Instead of obeying these orders, he absented himself without leave until January, 197...
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MEMORANDUM OF DECISION ON DEFENDANT’S. MOTION FOR SUMMARY JUDGMENT Defendant in this patent infringement suit moves for summary judgment on the ground that the patent in suit, U. S. Patent No. 3,028,538, is unenforceable under 35 U.S.C. § 135. On October 15, 1962, Interference No. 93090 was declared by the U. S. Patent Office between plaintiff’s patent and a pending application of Hewlett-Packard ...
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324 F. Supp. 1265 (1971) Reies LOPEZ TIJERINA, Petitioner, v. Dr. P. J. CICCONE, Director, United States Medical Center for Federal Prisoners, Springfield, Missouri, Respondent. Civ. A. No. 18589-3. United States District Court, W. D. Missouri, W. D. January 21, 1971. *1266 Reies Lopez Tijerina, pro se. Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., for respondent. JUDGMENT DENY...
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Plaintiff, a regular substitute teacher, was employed at Junior High School 136, Manhattan, New York, from September 5, 1969, to October 10, 1969, when he was given an unsatisfactory rating by his principal and discharged. The reasons assigned for the unsatisfactory rating included plaintiff’s use of physical force on pupils, use of “bad language” in class, sleeping on the job, and unauthorized ab...
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Plaintiffs James Royster and Percy Rutherford, New York State prisoners in the Auburn and Ossining Correction Facilities, respectively, bring this class action on behalf of themselves and others similarly situated seeking a declaratory judgment that Section 230(3) of the New York Correction Law, McKinney’s Consol.Laws, c. 43, under which their “good time” was computed, is unconstitutional, and for...
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OPINION The cause before this Court is a class action brought by the individual members of the Temple University Day Care Action Committee and its non-profit corporate entity, University Day Care Center, Inc. Plaintiffs seek (1) the dissolution of an Ex Parte Injunction issued by *380the Court of Common Pleas, prohibiting their use of the 1st floor quiet lounge in Mitten Hall as a day care center...
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OPINION In this case which was referred to binding arbitration by prior Order of this Court, the Arbitrator has made his award, and we face cross-motions to confirm the award and to vacate or modify the award. The plaintiff argues that the award must be confirmed because it is the only award that will afford complete relief between the parties, that the scope of review of this Court is limited. T...
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MEMORANDUM AND ORDER Presently before the Court is defendant Bethlehem Steel Corporation’s motion to dismiss this action on the ground that this Court lacks jurisdiction, in that Eugene Tanzymore is a citizen of Pennsylvania. Upon consideration of oral argument and the briefs submitted, the Court grants defendant’s motion. Original jurisdiction is conferred on this Court in all civil actions where...
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MEMORANDUM AND ORDER Petitioner, a state prisoner presently incarcerated in the Western State Correctional Institution at Pittsburgh, Pennsylvania, filed the instant suit in which he seeks leave to proceed in forma pauperis. In this suit the petitioner seeks to recover over $300,000 in damages from the defendants under the Civil Rights Act, 42 U.S.C.A. § 1983 et seq. The substance of petitioner’s ...
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DECISION and ORDER The defendant was tried by the court, sitting without a jury, on an indictment *163charging him, under the selective service law, with failing to report for induction. All of the facts in the case were stipulated, and the trial consisted only of the formality of receiving the written stipulation into evidence. The court also had the benefit of both oral and written arguments of ...
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OPINION AND ORDER This is an action in personam for damages for injuries allegedly sustained by plaintiff in the course of his employment by Kenosha Auto Transport Corporation while loading cargo on the dock of the S. S. “Orient Mariner”, on November 18, 1965. The case was commenced against these defendants: Eagle Ocean Transport Agency, Inc., Orient Mid-East Lines, Inc., Orient Mid-East U.K., Lt...
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MEMORANDUM OPINION The essence of the argument between the parties upon defendants’ motion for summary judgment on count one is whether or not it can be determined as a matter of law that the defendants’ CM-25 series indicator light does in fact produce a tight frictional fit or clamping of the lamp lead wires within the conductive receptacles which is substantially different from the “loose fit” ...
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RULING ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION and DEFENDANTS’ MOTION TO DISMISS I. Facts The essential facts of this case are not in dispute. Plaintiff Schneider, Hill & Spangler, Inc. (SHS) is a franchisor engaged in the business of licensing franchisees to use the “services and registered service mark and name [of SHS] in order to build [their] own local business [es] as * * * indep...
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ORDER DENYING PETITIONS FOR WRITS of HABEAS CORPUS. These cases each present the ever recurring question whether the Sixth Amendment right to counsel extended to the states through the Fourteenth Amendment is applicable to all misdemeanors. All petitioners have petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254. Petitioner Mack J. Wall was convicted in the Metropo...
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321 F. Supp. 309 (1971) MARYLAND CASUALTY COMPANY, a corporation, Transferee of the Warren Company, Inc., a corporation v. Tommy BROWN, Carrie Daniel Tiller, Russell Welch, individually, and S. Philip Levetan, Mrs. J. B. Levetan and Abe I. Levetan, individually and as partners doing business as Dixie Iron and Metal Co. Civ. A. No. 13427. United States District Court, N. D. Georgia, Atlanta Divisi...
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MEMORANDUM AND ORDER RE ELECTRONIC EAVESDROPPING The defendants Steve Annoreno, Albert Milstein, and Louis De Riggi have *958moved to suppress all evidence presented against them at trial on the grounds that the Government obtained its evidence against them by the use of illegal electronic eavesdropping. After a full hearing on this issue, this court is of the opinion that these motions are withou...
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This is an action by mineral lessors against their lessee to cancel the lease and to recover royalties allegedly wrongfully paid to the State as owner of certain water bottoms. The lessee has filed a motion for summary judgment. UNDISPUTED FACTS On August 31, 1948, Rita Provost Minvielle granted a mineral lease on a certain tract of land to defendant Shell Oil Company. The tract is traversed by ba...
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This is an action by mineral lessors against their lessee to cancel the lease, and to recover royalties allegedly wrongfully paid to the State as owner of cer*901tain water bottoms. The lessee has filed a motion for summary judgment. UNDISPUTED FACTS On August 31, 1948, Hortense Provost Gonsoulin granted a mineral lease on a certain tract of land to defendant Shell Oil Company. The tract is traver...
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Plaintiffs in these two cases,1 Dr. G. Marion Smith and Dr. Arthur E. Eakin, are citizens of Pennsylvania and are, respectively, the President and Secretary of the Executive Committee of the General Eldership of the Churches of God in North America. In one of the cases, the defendants are The Church of God at Locust Valley (Locust Valley), a Maryland corporation, and Eugene Burge, its pastor and a...
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OPINION AND ORDER The four actions in three districts now before the Panel involve questions of trademark infringement, unfair competition and antitrust violations in the manufacture and sale of combination game boards, wooden boards on which a variety of games may be played. The central parties in these actions are Affiliated Hospital Products, Inc., which manufactures and sells a game board und...
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OPINION AND ORDER John R. Willingham has commenced three actions in two districts to recover for injuries alleged to result from the failure of others to honor patents on certain of his inventions. The principal defendants named by Willingham in all three actions are Star Cutter Co., a tool manufacturer to which Willingham alleges he assigned his patents, and Ford Motor Co., a purchaser of alleged...
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OPINION AND ORDER Record Club of America, Inc., has commenced two actions in different districts attacking licensing agreements entered into by CBS as licensee and numerous producers and manufacturers of records and tapes as licensors. Both complaints allege, basically, that the licenses constitute exclusive agreements for the production of the licensors’ tapes and records by the Columbia Record C...
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C. W. Post Center, a division of Long Island University, operates two radio stations, one a non-commercial educational radio station WCWP-FM, licensed by the Federal Communications Commission (Commission), and the other a non-licensed carrier current radio station WCWP-AM. On November 30, 1970 the defendants closed both stations and discharged Steven A. Post, the director of the stations, becau...
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This is a suit brought by the manager of The Center Motion Picture Theatre in Monroe, North Carolina, to declare North Carolina General Statute 14-193 unconstitutional as in violation of the First Amendment to the Constitution of the United States. For exhibiting the film called “The Vixen” plaintiff was prosecuted under the statute and convicted in an inferior North Carolina court. He has appeale...
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MEMORANDUM OPINION AND JUDGMENT This is a tax refund action wherein the plaintiff, The Champaign Realty Co., seeks to recover the sum of $2,965.64, representing federal corporate income taxes paid for the years 1962, 1963 and 1964 and the sum of $634.61 representing interest paid thereon plus statutory *923interest. This sum resulted from a deficiency assessed by the Commissioner of Internal Reven...
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OPINION This cause came to be heard on motion of defendants Norfolk & Western Railway Company and Penn Central Transportation Company for summary judgment pursuant to Fed.R.Civ.P. 56. One of the defendants, hereinafter referred to as Norfolk, has attached various affidavits in support of its motion, as well as having attached the deposition of the plaintiff. Plaintiff has objected *358to the defe...
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OPINION This is a proceeding on remand to determine the nature and extent of attorneys’ services rendered for two appeals to the Supreme Court and for the services in this court which were required to establish such fees. Perkins brought a treble damage action against Standard Oil Company *376charging that it violated Section 2 of the Clayton Act. Perkins received a jury verdict which, when treble...
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OPINION Plaintiffs, registered voters who are enrolled as members of the Democratic Party, seek injunctive relief under 42 U.S.C. § 19831 restraining the defendant state election officials from issuing and counting civilian absentee ballots in general elections2 pursuant to Pub.L. No. 375 (Dec. 11, 1968), which amended the absentee voter provisions of the Commonwealth of Pennsylvania’s Election Co...
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MEMORANDUM AND ORDER Relator, a state court prisoner, was tried before the Honorable Theodore B. Smith, Jr., sitting without a jury, in the December sessions, 1967, of the Philadelphia County Court of Common Pleas, on bills of indictment Nos. 170 and 173, and found guilty of aggravated robbery and carrying a concealed deadly weapon. The court imposed sentences of two to ten years on the robbery c...
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ORDER DISMISSING PETITION & VACATING STAY OF FORECLOSURE SALE In this corporate reorganization case, the issue posed by the creditors’ petition for Chapter X relief and the Mortgagees’ motions to dismiss is whether the petition has been filed in good faith. The undersigned exercises authority in this case pursuant to assignment of the Chief Justice of the United States under 28 U.S.C. § 292(c). O...
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OPINION Nacirema Operating Company, Incorporated (Nacirema) and Liberty Mutual Insurance Company (Liberty) instituted this proceeding pursuant to the provisions of Title 33, § 901 et seq., U.S.C.A., and subsequent sections, more particularly § 921(b), known as the Longshoremen’s and Harbor Workers’ Compensation Act, to modify, suspend or set aside, in whole or in part, an award entered against the...
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ORDER Bruce John Brandi, an inmate of the Wisconsin state prison, has submitted a petition for a writ of habeas corpus, together with an affidavit of poverty. Leave is hereby granted to proceed in forma pauperis. The petitioner was found guilty by a state court jury of the armed robbery of the Marquette Savings and Loan Association and of operating a motor vehicle without the owner’s consent. On D...
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ORDER Plaintiff raises, by way of a motion to alter or amend pursuant to Rule 59 of the Federal Rules of Civil Procedure, an issue as to Allstate’s continuing obligation to defend. Plaintiff also seeks to relitigate the question of its contractual duties to the insured under the terms of the policy, but the court will not again consider this latter issue, deferring to the discussion in it...
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324 F. Supp. 409 (1971) Shirley A. BENNETT, Plaintiff, v. Kenneth E. MACY, Defendant. No. 6290. United States District Court, W. D. Kentucky, at Louisville. January 19, 1971. Victor E. Tackett, Louisville, Ky., for plaintiff. Chester Allen Vittitow, Jr., Louisville, Ky., for defendant. MEMORANDUM AND ORDER BRATCHER, District Judge. The plaintiff, Shirley Bennett, was a guest passenger in an auto...
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MEMORANDUM The petitioner, Paul Ingram, has alleged in this habeas corpus proceeding that the conviction for which he is presently imprisoned is unlawful as it is based upon a prior conviction which was unconstitutionally obtained. The petitioner was convicted of grand larceny and of being an habitual criminal in September of 1967. It is correctly argued that a recidivist conviction can only be ob...
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MEMORANDUM OPINION Petitioner, Roy Allen Cloud, was found guilty of the crime of armed robbery on November 20, 1963, in the Ninth Judicial District Court of Louisiana, Rapides Parish, Criminal Docket No. 55934. On December 11, 1963, he was sentenced to serve a term of imprisonment of fifteen years at hard labor. An appeal was taken and the conviction affirmed. See State v. Cloud, 246 La. 658, 166 ...
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MEMORANDUM and ORDER This matter came before the court upon a motion, filed in both cases, to suppress the use as evidence of all articles, including a quantity of hashish (marihuana), seized by federal agents on or about September 29, 1970, in or about the premises at 40 Summit Street, Salem, Massachusetts, on the ground that the search' and seizure were conducted without probable cause and on th...
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OPINION The City of Boston filed a complaint against the Massachusetts Port Authority, as owner and operator of Logan International Airport, and nineteen airlines that use it. Plaintiff’s claim is that defendants in violation of the fifth and fourteenth amendments to the United States Constitution deprived it of its property by taking without just compensation an avigation easement over p...
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Plaintiff’s complaint in the above case seeks injunctive relief against his local Selective Service Board No. 49 and higher officials of the Selective Service System. He was classified I-A on July 30, 1970 after a series of prior II-S (student) deferments. His request for a personal appearance before the Local Board was granted and he perfected an appeal from a denial of his request for a III-A ha...
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321 F. Supp. 902 (1971) McQUAY, INC., Plaintiff, v. SAMUEL SCHLOSBERG, INC., Defendant. No. 4-70 Civ. 327. United States District Court, D. Minnesota, Fourth Division. January 19, 1971. *903 Dorsey, Marquart, Windhorst, West & Halladay, by John D. Levine, and Joseph Edward Olson, Minneapolis, Minn., for plaintiff. Robins, Davis & Lyons, by Gary H. Levinson, Minneapolis, Minn., for defenda...
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JUDGMENT DISMISSING PETITION FOR HABEAS CORPUS WITHOUT PREJUDICE Petitioner, an inmate of State Hospital No. 1 in Fulton, Missouri, petitions this Court for a writ of federal habeas corpus, maintaining that his commitment to the state hospital was in violation of his federally protected rights to due process of law and a speedy jury trial. Petitioner also requests leave to proceed in forma pauperi...
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MEMORANDUM OF DECISION A petition for a writ of habeas corpus has been filed by Jesse Howard, who in 1968 was found guilty by two separate juries of a 1967 robbery and now is imprisoned in the Nebraska Penal and Correctional Complex by reason of a sentence of the District Court for Box Butte County, Nebraska. An evidentiary hearing was held in this court and briefs have been submitted by counsel f...
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MEMORANDUM Defendants Harry Stonehill and Ira Blaustein move to dismiss the within indictments as against them on the ground that they have been denied a speedy trial. In a one-count indictment filed on August 1, 1966 (the 1966 indictment), defendant Blaustein is charged with wilfully attempting to evade and defeat a large part of the Federal corporate income tax due and owing by Universal New Yor...
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MEMORANDUM OPINION This suit involves a claim by plaintiff taxpayers for a refund of federal income taxes. Dr. Tobin seeks a refund of $562.12, paid for the year 1966, and Dr. Reeves submits a claim for $873.93, paid for the years 1966 and 1967. During the period in controversy, both taxpayers were resident physicians in otolaryngology participating in the Affiliated Hospitals Residency Program...
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MEMORANDUM ORDER This action was filed on August 21, 1970, alleging negligence and breach of warranty in connection with an alleged defective catheter manufactured by Deseret Pharmaceutical Company; purchased by C. R. Bard Company from Deseret; in turn sold by C. R. Bard to Riverside Hospital in Newport News; and thereafter applied by Dr. Ignacio Andueza to plaintiff on November 28, 1966. The inju...
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MEMORANDUM OPINION This is a suit brought on a bankers’ blanket bond issued by the defendant, Hartford Accident & Indemnity Co., to plaintiff, Benton State Bank of Benton, Saline County, Arkansas. Federal diversity jurisdiction is not questioned and is established. Plaintiff alleges in substance that on numerous occasions and over a substantial period of time prior to November 17, 19...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF OF HABEAS CORPUS Petitioner, after federal parole violation by reason of the state conviction herein challenged, is now incarcerated at the Federal Correctional Institution at Lompoc, California, serving the sentence originally imposed in the United States District Court for the District of New Mexico for a Dyer Act violation on October 6, 1966. Wh...
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ORDER GRANTING TEMPORARY RESTRAINING ORDER. This matter comes before the Court on plaintiff’s motion for a temporary re*564straining order staying and restraining defendant Interstate Commerce Commission from permitting its order issued October 14, 1970, which is the subject of the complaint in the instant action, to become effective to the extent that such order involves service by plaintiff betw...
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OPINION Plaintiffs,1 by virtue of 28 U.S.C. § 1336(a), seek to set aside a decision2 of the Interstate Commerce Commission permitting discontinuance by the Baltimore and Ohio Railroad Company (B&O) of two trains, and changes in train schedules. We deny the petition. Prior to 'the proposed discontinuance and changes, B&O Train No. 7 operated daily from Washington, D. C., leaving at 11:45 p. m., to...
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Rule 42(b) of the Federal Rules of Civil Procedure authorizes the court “in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy” to order a separate trial of any issues involved in a suit. The rule therefore permits a separate trial to be ordered merely “in furtherance of convenience,” or to achieve “expedition and economy.” Of cour...
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MEMORANDUM Plaintiff’s right to discovery of the conclusions and recommendations of a Coast Guard investigating officer was submitted to the court during the pretrial conference in this case, and memo-randa of law have been received on the issue. The claim in suit arises from damages to the motor vessel Mary A. Whalen when it ran aground at a point where plaintiff alleges that a warning light on a...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Whitlock was convicted by a jury of the unlawful possession, custody or control of an illicit distillery, 26 U.S.C. §§ 5179, 5601(a) (1); carrying on the business of a distiller without having given the required bond, 26 U.S.C. §§ 5173, 5601(a) (4); working in an unposted distillery, 26 U.S.C. §§ 5180(a), 5681(c); and of the unlawful possession of tax...
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MEMORANDUM Plaintiff James Tillery seeks damages from the Southern Railway Company, hereinafter sometimes called the Company, because of accidental injuries sustained August 7, 1942 while in the performance of his duties as an employee of the railway company. He claims that the company violated his rights under the Federal Employer’s Liability Act. The company has moved for a judgmen...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER On the 27th day of October, 1970, in Lubbock, Texas, a hearing was held in open Court on the petition of William Ray Woods for a writ of habeas corpus, and at such hearing the Petitioner was represented by his Court-appointed attorney, Hon. Thomas J. Griffith, of the Lubbock County Bar Association, and the Respondent was represented by Hon. Larry C...
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MEMORANDUM On December 20, 1969, at approximately 2:00 a. m., City of Richmond Police officers entered the defendant’s home pursuant to a search warrant for illegal sale of whiskey. As the officers entered the house, they noticed that the defendant had a Colt .38 caliber pistol in his bathrobe. The defendant, having previously been convicted of a felony, was then arrested and subsequently prosecu...
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MEMORANDUM On June 9, 1970, the defendant was arrested by U.S. Park Police at the Washington National Airport and was charged and prosecuted in federal court for illegal posseession of marihuana in violation of the Code of Virginia, sections 54-488 and 54-516, under the Assimilative Crimes Act, 18 U.S.C., section 13. At his trial, the defendant moved to dismiss contending that Congress has enacted...
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321 F. Supp. 1263 (1971) Dale HUNT and Gale Hunt, by next friend, their parent, Mrs. Levi Hunt, Barbara Williams, by next friend, her parent, Mrs. Harvey Williams, Donna Stewart, by next friend, her parent, Mr. Carl Stewart, Jackie Blake, by next friend, her parent, Mrs. L. A. Blake, Eddie Long, by next friend, his parent, Mr. William Long, Plaintiffs, v. The BOARD OF EDUCATION OF the COUNTY OF K...
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MEMORANDUM OPINION 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 which denied plaintiff’s application for a period of disability or disability insurance. Defendant has moved to dismiss the complaint on the grounds that the Court lacks jurisdiction over the subject matter and that ...
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DECISION Counts I, II, and III of the indictment charge the defendant with tax evasion for the years of 1962, 1963, and 1964, in violation of 26 U.S.C. § 7201. Count IV charges that the defendant filed a false tax return for the year 1964, in violation of 26 U.S.C. § 7206(1). Following a trial to the court, both sides submitted briefs setting forth their respective positions. COUNTS I, II, and III...
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OPINION Plaintiffs on their own behalf and on behalf of all other Negroes similarly situated bring this class action against The Advertiser Company 1 and its president, Harold Martin. 2 In their complaint, filed with this Court on June 15, 1970, plaintiffs allege that the defendants, in maintaining an all-white society page, have violated their constitutional rights ...
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MEMORANDUM OF DECISION This matter came before the Court upon its order of September 2, 1970, requiring defendant Michael Polizzi to show cause as to why he should not be held in contempt of court for failure to appear before a Federal Grand Jury in the Central District of California on August 27, 1970, pursuant to subpoena. A hearing was held on September 14, 1970, at which evidence...
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324 F. Supp. 660 (1971) Saul E. JOFTES, Plaintiff, v. Rabbi Jay KAUFMAN, Defendant. Saul E. JOFTES, Plaintiff, v. William A. WEXLER et al., Defendants. Civ. A. Nos. 3271-67, 216-69. United States District Court, District of Columbia. January 15, 1971. Byron N. Scott, Washington, D. C., for plaintiff. Sheldon E. Bernstein, Washington, D. C., for defendants. MEMORANDUM OPINION GESELL, District Jud...
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ORDER THIS CAUSE came on to be heard pursuant to a motion for the return of seized property filed under Rule 41(e) of the Federal Rules of Criminal Procedure. The pertinent facts necessary for a determination of this motion are as follows: On October 19, 1970, the Government filed a motion before the Honorable Edward P. Swan, United States Commissioner, requesting that a search warrant be issued f...
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CROSS-MOTIONS FOR SUMMARY JUDGMENT This is an action by two Illinois corporations, John Mohr & Sons (JM), and *186GMR Associates, Inc. (GMR), against Hanover Insurance Company (Hanover), a New York corporation, alleging that Hanover breached its contract to defend and indemnify both plaintiffs. Defendant has filed a motion to dismiss JM and another separate motion to dismiss both plaintiffs. Plai...
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MEMORANDUM OPINION This matter is before the court on the motion of Bourbon Cooperage Company to present additional evidence. Prior to the above motion, Bourbon filed a petition for review in order to have this court set aside the decision of the referee in bankruptcy. As grounds for the above-mentioned motion, Bourbon contends the following: First, the referee’s summary of evidence is incomplete;...
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MEMORANDUM and ORDER After the acquittal of the defendant Costa and the report of disagreement as to the defendant Tozzi, reargument of the motion to suppress the evidence obtained in the search of defendant Tozzi’s motor vehicle was invited in view of the emphasis given to the alleged applicability of Preston v. United States, 1964, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777, in light of the sepa...
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This action brought under 42 U.S.C. §§ 1983 and 1985 and 28 U.S.C. § 1343(3) and (4) involves alleged non-compliance with the terms of an elaborate agreement allegedly worked out between plaintiffs, who are now incarcerated at Sing Sing Prison, and defendants, all of whom are alleged to have been either directly or indirectly connected with the agreement. On February 17, 1969, when plainti...
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MEMORANDUM AND ORDER This is a civil rights case (70-C-996) against an arresting officer and the City of New York seeking damages of $1,500,-000 for false arrest and illegal detention. 42 U.S.C. § 1983. Plaintiff was arrested one evening, as he claims without probable cause; identified by the complaining witness almost immediately; and held, in his submission illegally, until the next mor...
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OPINION These are cross-motions for summary judgment in an action brought pursuant to 42 U.S.C., section 405(g) to review a final decision of the Secretary of Health, Education and Welfare. There is no factual dispute and the parties agree that the matter is ripe for summary judgment disposition. The sole issue to be decided is one of statutory construction involving child’s insurance disability ...
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MEMORANDUM This is a petition by the City of New York, seeking a review of an order by the Hon. Edward J. Ryan, Referee in Bankruptcy, dated July 31, 1970, which denied the priority lien claims of the City, and allowed those of the United States. The trustee in bankruptcy is not concerned in these proceedings. The facts and the questions presented are not in dispute; the memoranda of both parties ...
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MEMORANDUM OPINION AND ORDER The plaintiff, claiming to be the widow of Napoleon Anderson, applied to the Social Security Administration for survivors benefits (OASDI) following his death in August of 1968. She was certified initially as eligible and received benefits for over one year, before being informed by Social Security on October 7, 1969, that their records indicated she was not actually t...
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OPINION The Defendant Reynolds Metals Company moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. In this action, Plaintiffs seek to recover damages for an alleged breach of warranty. The salient facts follow. On August 24, 1965, Plaintiffs entered into a contract with Guard-All Aluminum Products for the installation of a roof on Plaintiffs’ house. T...
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*303OPINION IN SUPPORT OF ORDER NO. 124 AUTHORIZING THE ISSUANCE OF TRUSTEES,’ CERTIFICATES The question before the Court is whether the Trustees should be authorized to borrow $100 million by issuing trustees’ certificates, pursuant to § 77(c) (3) of the Bankruptcy Act, 11 U. S.C. § 205(c) (3), to be guaranteed on behalf of the United States by the Secretary of Transportation pursuant to the pro...
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DECISION and ORDER The plaintiff, a resident of California, brings this action against certain present and former officials of the town of Caledonia, Racine County, Wisconsin, and others, including the sheriff of Racine County. This decision will consider various motions now before the court. The complaint states that the plaintiff operated a mobile home park in Caledonia from 1948 to 1966. In 19...
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MEMORANDUM AND ORDER Plaintiff, Phoenix Scotts-Sports, an Arizona corporation, has filed this suit in the United States District Court for the District of Alaska, seeking relief against Moses Kadish and Doris R. Kadish. On the 8th day of October, 1968, a judgment was made and entered by the Superior Court of Arizona, in and for the State of Arizona, in favor of the plaintiff and against the defend...
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MEMORANDUM AND ORDER There is before the court a motion filed December 8, 1970, by plaintiffs for a jury trial. The complaint was filed June 19, 1970. In the first 10 numbered paragraphs the plaintiffs asserted a claim against the defendant insurance company for failure to pay a loss sustained upon an insurance policy issued by the company on April 22, 1968, and in full force and effect on Decembe...
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321 F. Supp. 761 (1971) UNITED STATES of America, Plaintiff, v. Harlan H. FORESYTH, Don H. Peaker, Rexford L. Mitchell and Earl J. Brubaker, Defendants. Civ. A. No. C-1863. United States District Court, D. Colorado. January 14, 1971. *762 James L. Treece, U. S. Atty., and Leonard W. D. Campbell, Asst. U. S. Atty., Denver, Colo., for plaintiff. Lohf & Barnhill by R. Lauren Moran, Denver, Colo....
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MEMORANDUM OPINION This is an action brought by Charles Heit (“Heit”), a stockholder of Arthur G. McKee & Company (“McKee”) at all relevant times, on McKee’s behalf against Gulf & Western Industries, Inc. (“G&W”) to recover alleged “short-swing profits” G&W is said to have realized while it was a McKee “insider” by reason of its beneficial ownership of more than 10% of the outstanding McKee stock...
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ORDER Plaintiff, Georgia Savings Bank and Trust Company, has brought an inter-pleader action against Defendant J. Frank Sims, guardian of the person and property of Alvina D. Sims, and Defendant Josephine Lloyd, both residents of Sarasota, Florida. The Complaint asks that the defendants be required to inter-plead and that a determination be made as to defendants’ respective rights, if any, to ban...
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MEMORANDUM OPINION This is an action brought against three neighborhood Chicago newspapers to permanently enjoin them from publishing classified advertisements which allegedly indicate a preference for home buyers and apartment tenants of particular national origins. Plaintiff is an American citizen of Swedish extraction who, according to his affidavit, has been injured by defendants’ advertise...
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OPINION In this criminal action the defendants are charged with violation of 18 U.S.C. §§ 641 and 2. The matter is now before the court on the defendants’ motion to dismiss for lack of jurisdiction. The information charges that the defendants stole and converted to their own use property of the United States. The offense is alleged to have been committed on the army post at Fort Leavenworth, Kansa...
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This is an in rem civil seizure action against a quantity of Helene Curtis “Magic Secret” skin lotion which has as its purpose the smoothing of facial wrinkles. The central issue in these proceedings is whether the article seized is a “drug” within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and therefore sub *914 ject to the regulatory provisions of the s...
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MEMORANDUM AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE Petitioner, a convicted state prisoner currently confined in the Missouri Training Center for Men at Moberly, Missouri, seeks leave to file in forma pauperis a petition for writ of habeas corpus. Leave to proceed in forma pauper-is is hereby granted. Petitioner states that on December 3, 1965, he was sentenced to ...
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MEMORANDUM AND ORDER This is a condemnation action in which Parcel Number 131, a parking lot of 17,-220 square feet in downtown Kansas City, Missouri, was taken from the defendant Wyandotte-Central Corporation. That corporation also owned a contiguous parcel of land comprising 16,-040.6 square feet which adj’oined Parcel No. 131 on the south. Both parcels fronted on Central Street north of 16th S...
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OPINION AND ORDER This is the second time this matter has been before the Panel for possible transfer for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407. The first time there were only three relevant actions pending in two different districts and all parties opposed transfer under § 1407. Accordingly an order was entered on June 8, 1970 declining to transfer any o...
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In this action, wherein federal jurisdiction is predicated on 28 U.S.C. § 1343 (3) and (4), plaintiff seeks an injunction and a declaratory judgment with respect to a constitutional issue which has already been raised in his impending trial for delinquency in the Family Court of New York and can be appealed through the New York judicial hierarchy and then to the Supreme Court of the United States ...
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R.F.D. Group Limited and RFD-GQ Limited are English corporations. They allege (1) that the defendant, incorporated in West Virginia, has misappropriated certain of plaintiffs' trade secrets and attempted to sell the products of that misappropriation in New York, (2) that in doing so, defendant has breached its contractual obligations with the plaintiffs, (3) that certain activities of the defen...
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In this suit brought under the Lanham Act, 15 U.S.C. §§ 1051-1127, plaintiff Ringling Bros.-Barnum & Bailey Combined Shows, Inc. (“Ringling”) claims that the defendants Chandris America Lines, Inc. (“Chandris”) and Albert Frank Guenther Law, Inc. (“Albert Frank”) have wilfully infringed, diluted and maliciously disparaged its trademark “The Greatest Show on Earth” (“the Mark”). Ringling seeks a...
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Action for infringement of a patent on a toy gun, brought under the Patent Act of 1952, 35 U.S.C. § 1 ef seq., is dismissed. The court finds that on December 6, 1960 the plaintiff was issued a patent on a toy gun containing a ricochet noise mechanism, United States Letters Patent No. 2,962,837. This mechanism simulates the sound of a ricocheting bullet through use of a reed-like noisemaker which i...
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OPINION The United States seeks declaratory and injunctive relief concerning an administrative interpretation of relocation rights of persons claiming, under the Federal-Aid Highway Act of 1968, 23 U.S.C. §§ 501-511, to be “displaced” by a federal highway project. In October of 1967, Leon Braddy and his wife bought a two-family dwelling in Multnomah County. They subsequently heard rumors that the ...
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MEMORANDUM Russell C. Lawson has brought suit against his employer’s insurance carrier under the Tennessee Workmen’s Compensation Law for injuries resulting from an occupational disease. He contends that the long hours and irregular shifts that he was required to work caused a disabling chronic anxiety reaction with hypertension and related complications. Plaintiff is forty-four years of age, mar...
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MEMORANDUM This is a condemnation proceeding and jurisdiction is based upon 16 U.S.C. § 831x (Supp. 1969). The plaintiff sought to condemn a portion of the defendant’s land. The plaintiff tendered into court the sum of $8,300.00 at the time of the taking of the property, contending that this amount represented just compensation. The landowner contended that just compensation was in an amount in e...
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MEMORANDUM OPINION This action was brought by the plaintiffs 1 on their own behalf and as a class 2 against the defendants 3 on December 11, 1970, seeking a temporary restraining order and preliminary injunction. Supporting the motion for temporary restraining order is an affidavit signed by three members of the class seeking to enjoin and restrain the defendants from conducting an electi...
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ORDER This is an action in admiralty, the gravamen of which is negligence in the design of a stabilization system which malfunctioned on the S.S. Montana’s maiden voyage and caused cargo damage. Defendant John J. McMullen Associates, Inc., a New York corporation and the designer of the stabilization system, has moved to dismiss the action as to itself for an alleged lack of personal jurisdictio...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come before the Court on December 22, 1970, for hearing on cross motions for summary judgment filed on behalf of plaintiff, Burlington Northern Inc. and on behalf of defendants and the intervening defendant; and the Court having considered said motions, the affidavits and other materials filed in support of and in opposition to each motion...
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*1036OPINION Invoking the jurisdictional provisions of 28 U.S.C. § 1443(1) and (2),1 Richard F. Lewis (the “petitioner”) has removed to this Court a criminal prosecution commenced against him by information in the Municipal Court of the City of Wilmington. The information charges the petitioner, an operator of a motion picture theatre in Wilmington, with exhibiting obscene material, to wit, a trai...
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ORDER On July 15, 1970, the plaintiff, Mrs. Billie B. McClure, an officer of the Salvation Army, filed a Complaint against the Salvation Army, pursuant to Title VII of the 1964 Civil Rights Act. This Complaint was allowed to be filed “in forma pauperis.” Subsequent proceedings have been held in the ease including an extensive hearing of evidence on November 23, 1970 and November 24, 1970. Evidence...
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MEMORANDUM OPINION This is a diversity action brought by a surety company, Hartford Accident & Indemnity Company (“Hartford”), against Yankee Plastics, Inc. (“Yankee”), Edward Lisky, also known as Michael Raymond, and Robert Dell. Defendants Lisky and Dell are alleged to have pledged certain unauthorized certificates of stock in defendant Yankee as collateral for loans made to them by Citizens Na...
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DECISION AND ORDER ON PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS The complaint herein seeks to have plaintiff’s alleged security interest in the proceeds of certain equipment held to be a superior lien to that of the United States Government for taxes. After answers by all defendants, plaintiff has moved for entry of judgment on the pleadings. Jurisdiction is founded in 26 U.S.C. § 7426, 28...
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OPINION AND ORDER This cause comes before the court on defendant’s motion to dismiss under 12(b) (3) of the Federal Rules of Civil Procedure for lack of venue under 28 U. S.C. § 1400(b). In the complaint, the plaintiff alleges that the defendant has infringed its patent as provided under the patent laws of the United States, 35 U.S.C. §§ 271 and 281. It has long been held that section 1400(b) is ...
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MEMORANDUM AND ORDER This is an action for the refund of income tax which the plaintiff contends was illegally and erroneously assessed and collected for the tax years 1965 and 1966. Jurisdiction is premised on 28 U. S.C.A. § 1346(a). The matter is now before the court upon the defendant’s motion for partial summary judgment. The undisputed facts of record are that the plaintiff was a contest...
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Joseph James McGirr, defendant herein, has been charged with bank robbery in a three count indictment returned by the Grand Jury for the District of Maryland.1 Pursuant to a formal waiver filed by McGirr, his case came on for trial before this Court sitting without a jury. The only issue before the Court at trial was whether McGirr on September 30, 1966 was mentally competent under the American La...
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OPINION This is a civil action in which plaintiff, a Private in the United States Army Reserve, seeks declaratory and injunctive relief against respondents, the Secretary of the Army, the Commanding Officer of the 399th Evacuation Hospital Unit, and the Commanding General, First Army. Jurisdiction of this court is invoked under 28 U.S.C.A. § 1331. The complaint recites that plaintiff has received...
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MEMORANDUM Petitioner, Luther Wesley Wilson, was convicted by a jury of murder while in the perpetration of, or attempting to perpetrate, a robbery which occurred on February 28, 1958, and was sentenced to death. The conviction and sentence were affirmed on appeal to the Nebraska Supreme Court, Wilson v. State, 170 Neb. 494, 103 N.W.2d 258 (1960), cert. denied, 364 U.S. 887, 81 S.Ct. 178, 5 L.Ed.2...
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321 F. Supp. 867 (1971) Thomas RALLS, Jr., Plaintiff, and Charles McClelland, serving as fiduciary and conservator and next of friend applicant, under 28 U.S.C. § 2242, v. Charles WOLFE, Jr., Associate Warden of Custody, Nebraska Penal Complex, Defendant. Civ. No. 1777 L. United States District Court, D. Nebraska. January 13, 1971. *868 Frederick J. Coffman, Lincoln, Neb., for plaintiff. Harold M...
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Stephen Grosso, presently serving with the 25th Infantry Division, Vietnam, petitions this court for mandamus and habeas corpus relief on the grounds that (1) his induction into the Army was unlawful because he was medically unfit under procurement medical standards due to the existence of a left inguinal hernia (Army Regulation 40-501, Chap. 2, Sec. II, Par. 2-3h) and (2) the Army has failed to f...
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ORDER Petitioner, a state prisoner, seeking a writ of habeas corpus, was convicted on *944February 20, 1969, in the District Court Division of the General Court of Justice of Cumberland County, North Carolina, of four charges of breaking and entering coin machines, and three charges of contributing to the delinquency of a minor, and was sentenced under a consolidated judgment to a total of 18 mont...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS In an order filed October 15, 1970 (a copy of which is attached) this court ordered petitioner, William T. Withers, to amend and clarify his petition for a writ of habeas corpus and to set forth those material facts which he says entitle him to relief. Petitioner has not submitted any additional facts which would entitle him to relief with respect t...
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FINDINGS OF FACT AND CONCLUSIONS. OF LAW This matter was tried before the Court without a jury on December 7, 8, and 9, 1970, at Tulsa, Oklahoma. After considering the pleadings, stipulations of the parties, testimony, documents, and arguments of counsel, the Court makes and enters its findings of fact and conclusions of law as follows: Findings of Fact 1. This is a refund suit brought by Dorothy...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF COURT The plaintiffs, William E. Martin, Jr., a minor, by his parents, and his parents in their own right, brought this action against the defendants individually and as administrative officers and members of the Board of School Directors of Laurel Highlands School District, and against the Laurel Highlands School District, to obtain an order e...
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OPINION AND JUDGMENT This action involves an attempt to overturn the defendant’s denial of social security disability benefits. The claimant died after the institution of this suit and his Administratrix has been substituted as party plaintiff. The claimant was born in 1922, attended school for seven years, and served in the Navy in World War II, receiving an honorable discharge. Since *937that ti...
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OPINION AND JUDGMENT This case involves another one of those actions brought by a person who feels that he has been wrongfully denied disability insurance benefits. After her claim of disability was rejected at all levels of the administrative process and the Secretary’s decision became final, Mrs. Munsey brought this action pursuant to 42 U.S.C.A. § 405(g). *1168The plaintiff is now 61 years of a...
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This case involves an action brought pursuant to the provisions of 42 U.S. C.A. §§ 1983 and 1985, 28 U.S.C.A. § 1343, and the First and Fourteenth Amendments to the Constitution of the United States, wherein the plaintiff seeks to vindicate his right to do student practice teaching in the public schools of Mercer County, West Virginia, and to recover compensatory and punitive damages from the def...
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OPINION AND DECISION This action arises from a Complaint filed herein on May 4, 1965, by the Wichita Eagle and Beacon Publishing Company, Inc. [“Wichita Eagle”] against the Pacific National Bank of San Francisco 1 [“Bank”]. Facts Beginning in 1962, Wichita Eagle had been a lessee of certain property [“Property”] located in downtown Wichita, Kansas, upon which were...
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321 F. Supp. 523 (1971) Steven Robert WINSBY, Petitioner, v. J. J. WALSH, Warden, Federal Correctional Institution, Terminal Island, San Pedro, California, Respondent. No. 70-2714. United States District Court, C. D. California. January 12, 1971. *524 Peter I. Ostroff, Ernest S. Gould, Los Angeles, Cal., Arthur Gottlieb, Long Beach, Cal., for petitioner. Robert L. Meyer, U. S. Atty., Frederick M....
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ORDER In this case, plaintiff is seeking judicial review of the Appeal Council’s dismissal of her petition to reopen a prior hearing denying her of Social Security *647disability benefits. Defendant has moved to dismiss the complaint on two grounds: (1) the Court lacks subject matter jurisdiction, and (2) the complaint fails to state a claim upon which relief can be granted. On February 10, 1969, ...
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MEMORANDUM AND ORDER This is an action for relief under Title VII of the Civil Rights Act of 1964, in which the plaintiff alleges that he has been the victim of discriminatory employment practices. Jurisdiction is premised upon 42 U.S.C.A. 2000e-5(f). The matter is now before the court upon the defendant’s motion to dismiss and in the alternative to strike certain allegations in the complaint. Th...
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MEMORANDUM This is a habeas corpus proceeding wherein the petitioner, Edward C. Thompson, alleges that he has been deprived of his right to a direct appeal. The petition was ordered filed on September 15, 1970, and on October 30, 1970, the court entered an order directing the respondent to produce and submit for filing in this record an affidavit by the petitioner’s court appointed counsel, a tran...
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This is a suit for refund of $8,-372.91 in income taxes and assessed interest paid by plaintiffs for the taxable year 1967 plus statutory interest thereon. The question presented in the cross motions for summary judgment is whether the plaintiffs, Mr. and Mrs. Clayton J. Charbonnet, are liable, under the provisions of § 47 of the Internal Revenue Code of 1954, for a “recapture tax” as the result o...
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The petitioner seeks injunctive relief pursuant to Section 10 (Z) of the National Labor Relations Act, as amended (29 U.S.C. § 160(Z)), restraining the respondent from engaging in alleged unfair labor practices within the meaning of Section 8(b) (4) (i), (ii) (B) of the Act, pending the Board’s final disposition of the charge filed by WGR Radio. After a hearing held on December 28, 1970, the court...
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MEMORANDUM The complaint in this declaratory judgment action alleges that the Interstate Commerce Commission, as a part of its order relating to the merger of the New York Central and Pennsylvania Railroad Companies, provided that no employee shall be deprived of employment or be placed in a worse position with respect to compensation, fringe benefits or rights and privileges pertaining thereto, a...
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MEMORANDUM OPINION AND ORDER Counsel for the defendant Mr. Jones, who is financially unable to obtain investigative or expert services herein, after his client was found guilty by a jury of some of the charges contained in an indictment, has requested the Court ex parte to permit counsel to obtain the services of an investigator to research the newspapers published in this district and division re...
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MEMORANDUM OPINION AND ORDER On this date the Court has undertaken consideration of the motions of Defendant, Performance Systems, Inc., for a more definite statement, to quash service and dismiss for lack of jurisdiction in the above entitled and numbered cause. For the following reasons, the Court is of the opinion that these motions should be denied. This action is brought against Defendant, a ...
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329 F. Supp. 966 (1971) Thomas T. SCHRADER, Plaintiff, v. SELECTIVE SERVICE SYSTEM LOCAL BOARD NO. 76 OF WISCONSIN et al., Defendants. No. 70-C-345. United States District Court, W. D. Wisconsin. January 12, 1971. Stuart G. Urban, Lancaster, Wis., for plaintiff. James R. Mack, Asst. U. S. Atty., for defendants. OPINION AND ORDER JAMES E. DOYLE, District Judge. Plaintiff contends that his local d...
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DECISION AND ORDER This memorandum will consider two motions. The defendants have moved for dismissal of the complaint, and the plaintiffs have moved that the action be maintained as a class action. The complaint charges that various practices and conditions in the Milwaukee county jail violate the constitutional rights of the plaintiffs. The grievances of the plaintiffs concern alleged inadequac...
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MEMORANDUM OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS Petitioner was convicted upon a plea of guilty of a violation of the California *1225Health and Safety Code, § 11500, possession of narcotics, April 1, 1958, and sentenced to a term of imprisonment of 2-20 years. This sentence was mandatory by reason of three (3) prior convictions for violations of the Health and Safety Cod...
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MEMORANDUM OPINION AND ORDER Defendant has been indicted in three counts for violating the National Firearms Act, 26 U.S.C. § 5801 et seq. (1964), as amended, 26 U.S.C. § 5801 et seq. (Supp.1970). He has moved to dismiss the indictment on two grounds: (1) a timely assertion of the fifth amendment privilege against self-incrimination is a complete defense to all charges; (2) the National Firearms ...
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This action by a commissioned officer in the United States Army, a member of the Medical Corps, seeks a writ of habeas corpus to compel the United States *1081Army to release him from active duty alleging that the United States Army is in violation of its regulation created for induction of physicians into the United States Army. The military personnel records of petitioner, Captain Eugene W. Patt...
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This is a suit in which the government in Count I of its civil complaint alleges a violation by the defendant of certain sections of the Federal Trade Commission Act. Defendant is alleged to be one of the largest manufacturers, processors and distributors of dairy products in the United States. As the result of a Federal Trade Commission proceeding and a subsequent appeal, a modified order dated J...
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OPINION In this unfair competition action, brought in this court pursuant to 15 U. S.C. § 1121 and 28 U.S.C. § 1338, both the plaintiff, N. S. Meyer, Inc., and the defendant, Ira Green, Inc., with about four other companies, are manufacturers and distributors of United States military insignia and uniform equipment. Plaintiff is the largest of these; both it and defendant have been in bus...
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OPINION This is a negligence action in which jurisdiction is founded upon diversity of citizenship. The action arises out of an accident occurring in Pittsburgh, Pennsylvania, on July 30, 1968, wherein the automobile which plaintiff was driving collided with a tractor-trailer. The immediate matter before the Court is a Motion for Summary Judgment filed by original defendant Wilson Freight Company...
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OPINION On April 20, 1966, Schwartz, a former Philadelphia magistrate, was convicted of conspiracy, misbehavior in office, official oppression and malfeasance. Following exhaustion of his state appellate remedies, in which he raised all the con*755tentions here raised, he applied to a judge of this court for a stay of execution of sentence, which was granted. Schwartz thereupon filed the present p...
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OPINION In this action which was instituted in this Court on May 13, 1963, the plaintiff sought to set aside the acquisition by *1325the defendant Branch River Wool Combing Company, Inc. (hereinafter referred to as “Branch River”) of the combing division machinery of the defendant, The French Worsted Company (hereinafter referred to as “French Worsted”). In its complaint the plaintiff alleged tha...
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The legal question now before the Court involves defendant’s motion to dismiss the indictment charging him with causing the transportation in foreign commerce of certain Braniff International Airline tickets which he knew were falsely made and forged, in violation of Title 18 U.S.C. § 2314.1 Since this Court is of the opinion that an airline ticket is an “evidence of indebtedness”, and, therefore,...
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ORDER OF DISMISSAL On the 11th day of January, 1971, upon due notice, a pretrial hearing was held in the above-captioned action for the consideration of questions concerning jurisdiction, venue, the propriety of a class action as alleged, and pending motions. The notice set forth the decision of Chief Judge John R. Brown of the Fifth Judicial Circuit that this cause of action as stated in the Com...
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OPINION Frank Batten and Jane P. Batten, husband and wife, seek to recover federal income taxes and interest assessed to and paid by them for the taxable calendar years 1965 and 1966 aggregating some $7,000.00. The sole issue is whether plaintiffs are entitled to an income tax deduction for interest paid on an obligation of Frank Batten (Batten) while owning and holding tax-exempt obligations. ...
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321 F. Supp. 42 (1971) P. J. McPHERSON, Administrator of the Estate of Gordon Chester McPherson, deceased, Libelant, and Ann McPherson, also known as Margie W. McPherson, Intervenor, v. STEAMSHIP SOUTH AFRICAN PIONEER, her engines, etc., in rem, and South African Marine Corporation, Ltd., in personam, and James S. Darling, Jr. et al., individually and trading as J. S. Darling & Son, and Sever...
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*32DECISION and ORDER The defendant has moved for a change of venue, asking that the case be transferred to the western district of Wisconsin. The defendant points out that the western district is the place of residence of the defendant, his attorney, and the witnesses to be called by the defendant at the trial. The government, on the other hand, notes that there are fewer pending criminal cases i...
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OPINION This action involves damage to a diesel engine which allegedly occurred while the engine was in the defendant’s possession in transit from Illinois to the City of Nome. The defendant, Alaska Steamship Company, received the engine at its dock in Seattle from Northern Pacific Railroad. There is a material issue of fact as to whether a bill of lading was issued at that time and, if so, wheth...
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321 F. Supp. 424 (1971) UNITED STATES of America, Plaintiff, v. Melvin Carl SMITH, Defendant. Cr. No. 4277-CD. United States District Court, C. D. California. January 8, 1971. Robert L. Meyer, U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Criminal Division, Larry S. Flax, Asst. U. S. Atty., for plaintiff. Jean Kidwell, Kidwell, Pestana & Smith, Michael Tigar, Professor of Law, Los ...
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MEMORANDUM OF DECISION This is a civil rights action brought pursuant to the provisions of Title 42 U.S.C. §§ 1981 and 1983 seeking injunctive and declaratory relief. The jurisdiction of this court is invoked under Title 28 U.S.C. § 1343(3) and (4), Title 28 U.S.C. §§ 2201 and 2202, and Title 28 U.S.C. § 1337. Plaintiffs, Western Addition Community Organization, National Association for the A...
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MEMORANDUM OPINION AND ORDER This proceeding was initiated pursuant to certain provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Section 703(a) of the Act, 42 U.S.C. § 2000e-2(a) provides that it shall be an unlawful employment practice for an employer to discriminate against any individual because of his race, color, religion, sex, or national origin. Section 706...
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OPINION Howmet Corporation, a Delaware company (“Howmet”), brought this suit in admiralty to recover $31,832.04 for alleged rust damage to a shipment of 240 coils of galvanized sheet steel shipped by sea from Chiba, Japan to Wilmington, Delaware. Named as defendants were Tokyo Shipping Co., Ltd. (“Tokyo”), Phoenis Cia de Nav Sa (“Phoenis”), and The Mayor and Council of Wilmington, a munic...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTIONS TO DISMISS The defendants move to dismiss the second amended complaint in this action purportedly brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10(b)-5 promulgated thereunder. This court is of the opinion this action should be dismissed because of the plaintiffs’ repeated and flagrant disregard of the direc...
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MEMORANDUM OF DECISION The petitioners are confined to the Nebraska Penal and Correctional Complex as a result of convictions of the crime of robbery by a single jury in the District Court of Buffalo County, Nebraska. They raise constitutional issues regarding the following subjects: (1) The giving of oral testimony about physical objects after the physical objects themselves had been suppressed b...
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Plaintiff has moved for summary judgment for recovery of internal revenue taxes which it alleges were illegally assessed and collected. *77Defendant has cross-moved for summary judgment, dismissing the complaint. Plaintiff, Billy Rose’s Diamond Horseshoe, Inc., was a New York corporation. It had its principal place of business in this District. It was dissolved on December 15, 1966, but under Sect...
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OPINION Plaintiff, described as “Trustee for American Leaseback Trust and U. S. Insured Deposits Trust,” originally moved for a preliminary injunction to compel the Securities and Exchange Commission (hereafter “the Commission”) to approve “officially and finally” S — 1 registration statements filed with the Commission on behalf of the “Trusts.” The Commission not only opposed the motion, but cros...
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Plaintiff, Playboy Clubs International, Inc. (“PCI”), having brought this action against defendant Hotel & Restaurant Employees and Bartenders Union, AFL-CIO (“the Union”) under § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, and the Declaratory Judgment Act, 28 U.S.C. § 2201, now moves under Rule 65, F.R.Civ.P., for a preliminary injunction staying arbitration proceedings...
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In this suit for infringement of two United States patents assigned to and controlled by plaintiff, No. 3,121,006 (“006”), issued to Middleton and Reynolds, and No. 2,588,699 (“699”), issued to Carlson, defendants have moved pursuant to Rule 56, F.R.Civ.P., for partial summary judgment dismissing as a matter of law the claim based on the 006 patent. For the reasons stated below the motion is de...
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ORDER Defendant moves to dismiss for lack of jurisdiction over his person, improper venue, insufficient service of summons and that the Complaint fails to state a claim upon which relief can be granted. Plaintiff alleges that it contracted with the Defendant by which contract Defendant was to perform legal services for Plaintiff in and with reference to a hearing to be conducted by the Federal Com...
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OPINION AND ORDER Presently before the Court is the motion of Maxwell Industries, Inc., (Maxwell) to vacate our order granting leave to Anika Manufacturing Corp. (Anika) to institute a third-party complaint against Maxwell and to dismiss the third-party complaint. This cause of action was instituted by Mrs. Margaretta Conderman Carter on July 10, 1969, for injuries sustained when her dress ignited...
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OPINION This case arises out of an automobile accident in Pennsylvania in which the Defendant, a New York resident, was involved. Suit was instituted against the Defendant under the name of Dann G. Thomas. His name actually is George Thomas Dann. The United States Marshall mailed the summons and complaint to the Secretary of the Commonwealth as agent for the Defendant, and to the Defendant under t...
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MEMORANDUM AND ORDER This is a longshoreman action for personal injuries filed against the defendant ship owner. Presently before the Court is the defendant’s motion for summary judgment wherein defendant contends that based upon the pleadings, affidavits, and plaintiff’s deposition, defendant is entitled to summary judgment. In his complaint plaintiff has alleged that he sustained injuries on or ...
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OPINION AND ORDER Plaintiff has moved for a voluntary dismissal pursuant to Rule 41(a) (2) of the Federal Rules of Civil Procedure. Plaintiff instituted suit in this Court in August, 1969. Defendant, Continental Radiant Glass Heating Corporation (Continental), filed its answer and compulsory counterclaims. However, service by plaintiff on Continental’s president, Basil Needham, was quashed for la...
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MEMORANDUM OPINION This opinion should be considered jointly with this Court’s memorandum order herein, dated July 1, 1970, and the amendment thereto, dated September 10, 1970. The memorandum of July 1, 1970 dealt with the first question the opinion of the Court of Appeals said this Court should resolve on remand; whether it is now possible to determine if petitioner was mentally competent to...
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324 F. Supp. 439 (1971) Carolyn BRADLEY et al. v. SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al. Civ. A. No. 3353. United States District Court, E. D. Virginia, Richmond Division. January 8, 1971. *440 Norman J. Chachkin, New York City, Louis R. Lucas, Memphis, Tenn., M. Ralph Page, James R. Olphin, Richmond, Va., for plaintiffs. George B. Little, John H. O'Brion, Jr., James K. Cluverius,...
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This is an action under section 205 (g) of the Social Security Act, 42 U.S. *345 C.A. 405(g) to review a final decision of the Secretary of Health, Education and Welfare which denied plaintiff’s application for a period of disability or disability insurance. Defendant has moved to dismiss the complaint on the grounds that the Court lacks jurisdiction over the subject matter and that the plainti...
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DECISION On January 30, 1970, the court of appeals vacated a district court judgment *1096which had dismissed Balax’s anti-trust counterclaim against Bendix. 421 F.2d 809, 821 (7th Cir. 1970). The court of appeals remanded the ease for reconsideration of the anti-trust issue. The court of appeals commented, at page 821: “* * * the right to estop licensees from challenging a patent is not part of ...
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CIVIL CONTEMPT This proceeding was initiated in September, 1968, by the plaintiffs, Negro and white electors of the National Democratic Party of Alabama, on behalf of themselves and others similarly situated, to require the defendants, including James Dennis Herndon in his capacity as Probate Judge of Greene County, Alabama, to place upon the official ballots for the 1968 general election the name...
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325 F. Supp. 779 (1971) In the Matter of James Dennis HERNDON. Crim. No. 12421-N. United States District Court, M. D. Alabama, N. D. January 7, 1971. *780 Ira DeMent, U. S. Atty., F. E. Leonard, Jr., Asst. U. S. Atty., Montgomery, Ala., and Dorothy E. Mead, U. S. Dept. of Justice, Washington, D. C., for the United States. Perry Hubbard, Tuscaloosa, Ala., for Judge James Dennis Herndon. Before GOD...
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Order Granting Defendants’ Motions to Dismiss for Lack of Jurisdiction This action was brought by the executors of William H. Bang’s estate against Con S. Shea, as the public administrator of the Estate of Alma R. Bang,1 and several named defendants: James Womack, Ruth Thompson, Robert Nelms, and James Nelms. Defendants Womack and James Nelms have moved for dismissal, alleging lack of personal j...
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MEMORANDUM OF DECISION The petitioner is charged by the State of Connecticut with possession and sale of narcotic drugs, to wit: heroin and marihuana. He is currently in custody in Norwich State Hospital, a mental institution, awaiting trial on these charges and is before this court on a petition for habeas corpus pursuant to 28 U.S.C. § 2254.1 The basis for Clark’s petition is that he has been de...
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324 F. Supp. 1105 (1971) Julius F. BISHOP, Dorothy P. Bishop, Transferees of Colonial Feed Co., Inc., Plaintiffs, v. The UNITED STATES of America, Defendant. Julius F. BISHOP, Dorothy P. Bishop, Transferees of Chickadee Farms, Inc., Plaintiffs, v. The UNITED STATES of America, Defendant. Julius F. BISHOP, Dorothy P. Bishop, Transferees of Bishop's Breeding Farms, Inc., Plaintiffs, v. The UNITED S...
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321 F. Supp. 1241 (1971) Robert HICKS, Individually and on behalf of all others similarly situated, v. CROWN ZELLERBACH CORPORATION, the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Magic City Local No. 362, of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Bogalusa Local 624 of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers....
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The sole question is whether a common carrier under the Interstate Commerce Act (49 U.S.C.A. § 1 et seq.) is entitled to recover freight charges, where the carrier issued uniform straight bills of lading, which it marked freight charges as “Prepaid” or “To Be Prepaid,” and when in reliance of that representation, the consignee accepted delivery and paid the purchase price and full freight charge t...
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321 F. Supp. 199 (1971) UNITED STATES of America ex rel. Bobby L. MAYBERRY, Petitioner, v. Howard D. YEAGER, Respondent. Civ. No. 605-69. United States District Court, D. New Jersey. January 7, 1971. *200 *201 Powell, Davis, Dietz & Colsey, by Eugene T. Radcliffe, Mount Holly, N. J., court appointed, for petitioner. Martin J. Queenan, Burlington County Pros., Myron H. Gottlieb, Asst. Pros., o...
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MEMORANDUM OF DECISION In this action, tried to the court without a jury, the United States seeks to enjoin the defendants from assessing any taxes against certain property owned by the Union of Soviet Socialist Republics (USSR) in the City of Glen Cove, or proceeding with any tax sales of such property, and to require that any tax liens be discharged of record. In addition to the City, the def...
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321 F.Supp. 432 (1971) Roberto TORRES and Walter Dinger, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF LABOR and Martin P. Catherwood, Industrial Commissioner, Defendants, United States of America, Intervenor-Defendant. No. 70 Civ. 2408. United States District Court, S. D. New York. Argued November 23, 1970. Decided January 7, 1971. *433 Dennis R. Yeager, New York City (Douglas D. Broadwater, Emili...
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MEMORANDUM The defendant, Samuel Bronston, has moved herein orally,1 by his attorney, for leave to take depositions in Spain during the week of January 11, 1971, pursuant to Rule 15 of the Federal Rules of Criminal Procedure, and in support thereof defendant’s attorney has submitted an affidavit sworn to on December 31, 1970. The trial date has been fixed for January 25,1971. *1271The defendant i...
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In this action brought under our diversity jurisdiction, 28 U.S.C. § 1332, plaintiff Vacuum Concrete Corporation *772 of America (“Vacuum”) claims that defendant American Machine & Foundry Co. (“AMF”) breached a contractual duty to make diligent and good faith efforts to exploit a device which Vacuum had licensed to AMF. 1 Vacuum seeks compensatory damages for the breach...
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325 F. Supp. 204 (1971) COCA-COLA BOTTLING COMPANY OF ASHEVILLE, NORTH CAROLINA, Plaintiff, v. MARYLAND CASUALTY COMPANY, Defendant. Civ. A. No. 2936. United States District Court, W. D. North Carolina, Asheville Division. January 7, 1971. J. Nat Hamrick, Rutherfordton, N. C., for plaintiff. O. E. Starnes, Jr., Van Winkle, Buck, Wall, Starnes & Hyde, Asheville, N. C., for defendant. MEMORAND...
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FINDINGS OF FACT AND CONCLUSIONS, OF LAW AND ORDER Presently before this court is the claim of a business broker for his commission for services allegedly rendered in effecting a commitment for a net loan of $225,000.00. After hearing and due consideration in this matter, the court makes the following: FINDINGS OF FACT 1. Plaintiff, Jay M. Miller, is an individual with his principal place of busi...
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OPINION On September 25, 1969, in the Court of Common Pleas of Allegheny County, Mrs. Marion Blank brought suit for divorce a mensa et thoro under 23 P.S. § *139011 against her husband, Dr. Philip Blank. At that time both parties were residents of Pittsburgh, and personal service was made upon defendant. On December 6, 1969, the complaint was amended by adding allegations of adultery. Subsequently...
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OPINION This is an action for injunctive and declaratory relief arising out of the arrests made under the Memphis Disorderly Conduct Ordinance, Memphis City Code, § 22-12, and the Memphis Loafing Ordinance, Memphis City Code, § 22-24. Memphis City Code, Section 22-12— Disorderly Conduct — Any person, who, with intent to provoke a breach of the peace, or whereby a breach of the peace ...
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MEMORANDUM This is a proceeding upon a petition for a writ of habeas corpus wherein the petitioner seeks to set aside his convictions and sentences in three cases, each entitled States of Tennessee v. Samuel Ed Robinson, being Docket Nos. 103,810, 103,811, and 103,812 in the Criminal Court for Hamilton County, Tennessee. It appears undisputed in this case that the petitioner was tried and convict...
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321 F. Supp. 1100 (1971) Jimmy F. BEARE, Linda W. Colvin, Erasmo T. Saeng and Raymundo Martinez, Plaintiffs, v. Preston SMITH, as Governor of the State of Texas, Martin Dies, Secretary of the State of Texas, and Richard D. Magee, as Voting Registrar of Nueces County, Texas, Defendants. Civ. A. No. 70-C-42. United States District Court, S. D. Texas, Corpus Christi Division. January 7, 1971. *1101 ...
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MEMORANDUM DECISION This case involves questions relating to the necessity of convening a three-judge court, the propriety of a class action in such a case as this, whether the named plaintiff has standing at this time to raise, either by injunctive or declaratory action proceedings, constitutional issues growing out of a state court proceeding, and, if so, whether the refusal by a state court ju...
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OPINION AND ORDER Defendant has been indicted and tried for willfully and knowingly refusing to submit to induction into the armed services of the United States in violation of 50 U.S.C.App. § 462. The case was tried to this court without a jury on July 27, 28, and 29, 1970. At the conclusion of the government’s case and again at the conclusion of all the evidence, defendant moved for a judgment ...
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MEMORANDUM OPINION AND ORDER The complaint asserts diversity jurisdiction and alleges that the defendant issued to one, Louis Campos, an automobile liability insurance policy; that thereafter, Campos was involved in an automobile accident as a result of which Mimi Olmstead, (the plaintiff in this action) recovered judgment against Campos in the District Court of El Paso County, Colorado, in exces...
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321 F. Supp. 383 (1971) Radie P. WRIGHT and Clara Little Wright, on their own behalf and as next of friend to their infant child Clarence Edward, and on behalf of all others similarly situated, Plaintiffs, v. Robert H. FINCH, individually and in his capacity as Secretary of Health, Education, and Welfare, Defendant. Civ. A. No. 1457-70. United States District Court, District of Columbia. January ...
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Memorandum Opinion Defendant, Morris Barbanell, has moved the court pursuant to the Sixth Amendment of the United States Constitution and Rule 48(b), Fed.R.Crim.P. for an order dismissing this indictment, lodged against him since October 3, 1966, on the grounds that he has been denied his Sixth Amendment right to a speedy trial and that there has been unnecessary delay by the Government in bring...
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The plaintiffs seek a ruling that they may maintain this suit as a class action under Rule 23 F.R.Civ.P., Sections (b) (1) (A) and (B) and (b) (3). The present complaint is set forth in two counts and represents a consolidation, pursuant to Court order dated May 11, 1970, of the claims asserted in four separate suits filed in this Court. Two of these suits were by public investors and two of the s...
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MEMORANDUM OPINION In this Complaint plaintiff, a State prisoner, asserts a challenge to the constitutionality of the Pennsylvania Post Conviction Hearing Act of 1966, 19 Purdon’s Pa.Stat.Ann. § 1180-1 et seq. (1970 App.). Seeking to proceed on behalf of himself and all other similarly situated inmates of Pennsylvania penal institutions, he requests declaratory relief pursuant to 28 U.S.C. §§ 220...
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OPINION This is an action filed pursuant to 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. On January 23, 1970, the Hearing Examiner rendered a decision upon plaintiff’s third application for a period of disability and disability insurance benefits, holding that plaintiff is entitled to a period of disa...
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321 F.Supp. 449 (1971) Sandra ORESMAN and Richard Oresman, Plaintiffs, v. G. D. SEARLE & CO., Defendant. Civ. A. No. 4255. United States District Court, D. Rhode Island. January 6, 1971. *450 *451 Allan T. Dworkin, of Aisenberg & Dworkin, Stanton V. Abrams, Providence, R. I., for plaintiffs. Thomas D. Gidley, of Hinckley, Allen Salisbury & Parsons, Providence, R. I., for defendant. O...
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321 F. Supp. 394 (1971) C. C. WATSON, as Next Friend of Duran Eugene Watson, a minor; Royce Rumsey, as Next Friend of Jimmy Rumsey, a minor, v. C. W. THOMPSON, Superintendent of Pittsburg County Line Consolidated Independent School District; Neal Hinson, Dean of Students of Pittsburg County Line Consolidated Independent School District; and Robert Taylor, R. K. Pendegrass, Robert Barnwell, Brown ...
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MEMORANDUM OF DECISION AND ORDER Emma Lou Johnson brought this action to enjoin the collection of income taxes assessed against her and to require the return of her automobile, which has been seized for payment of the tax. The proscription of I.R.C. § 7421 is acknowledged by plaintiff; but she seeks to bring the case within the exception discussed in Enochs v. Williams Packing & Navigation Co., I...
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MEMORANDUM OPINION I. JURISDICTION AND NATURE OF THE CONTROVERSY This is a civil action brought by the United States. This court has jurisdiction under Title 28, § 1345 of the United States Code. An actual controversy within the jurisdiction of this court exists as to whether the land limitation provisions of reclamation law (hereinafter “acreage limitation” or “160-acre limitation”)...
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There has been a cliche, or an accepted statement from the past that a certain profession is known as the world’s oldest profession. I question that. I think the world’s oldest profession is spying, and it started in the Garden of Eden when somebody was looking and saw Eve eat the apple. And then Cain started spying on Abel. Spying goes back to antiquity, and according to the Old Testament, all...
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Plaintiff, the Equal Employment Opportunity Commission, brought suit in this court on October 15, 1970, alleging that defendant, Woolco Department Store, had arbitrarily discharged its employee, Mr. Linsy R. Bell, in apparent retaliation for his having filed a charge with the Commission, and also that two other employees of the defendant refused to sign affidavits or testify at any of the Commissi...
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Petitioner, an inmate at Sing Sing Prison by virtue of a judgment of conviction and sentence imposed after trial by jury in New York County, applies for release on habeas corpus. Petitioner grounds his claim on three different legal theories: (1) the trial court erred in not submitting to the jury the lesser included crimes in the indictment; (2) the trial court and the Appellate Division erred in...
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Petitioner, a state prisoner committed as mentally incompetent by state court order to the Matteawan State Hospital, seeks release on habeas corpus1 so that he may be transferred either to a state hospital for those civilly committed or to a federal prison. He makes serious charges attacking the legality of his incarceration. Respondent has not answered on the merits since he claims that petitione...
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The plaintiff moves for an order, restraining the defendant, hereinafter called F.D.A., from the further detention of plaintiff's goods and requiring defendant to act upon plaintiff’s Application for Authorization to Relabel and release the said goods to it. The movant, in its affidavit sworn to the 24th day of November, 1970 alleges that on September 25, 1970, the F.D.A. caused a notice to be iss...
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In March, 1968, after serving as Referee in Bankruptcy in this district for thirteen years, James R. Privitera retired. Returning to the practice of law, he was elected Trustee in the bankruptcy case of Gaylord T. Cummings. During the administration of the estate, the attention of the present Referee, Beryl E. McGuire, and Mr. Privitera was called to Section 39b of the Bankruptcy Act (11 U.S.C. §...
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OPINION In this habeas corpus proceeding filed by a State prisoner, the Court has called for aid reviewed the entire records relative to relator’s State criminal proceedings. Although state remedies have not been exhausted by the relator, he has urged that his remaining State remedies have been and continue to be ineffectivé for the alleged reason that various court-appointed counsel have thwarte...
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OPINION OF THE COURT Defendant Tomas Santana Ortiz was charged by the Grand Jury of this Court for a violation of Title 18 U.S.C., Section 1709. The Indictment alleges that Defendant, on February 13, 1968, in San Juan, Puerto Rico, and while working as a postal employee of the Post Office Department, embezzled the amount of $31.-00 contained in eight separate and different letters, all air mail...
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ORDER The defendants herein have moved under Rule 12(b) (6), Federal Rules of Civil Procedure, for dismissal of the complaint upon the grounds that it fails to state a claim for which relief can be granted. The controversy arises from proceedings instituted by the defendants, landlords, resulting in the eviction of the plaintiff, tenant. It is alleged that after the judgment of the magistrate evic...
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OPINION AND ORDER This action and cross-action bring to the Court for determination contract and patent rights, a claim of conspiracy, alleged misappropriation of documents and information, and a claim of libel and slander. The facts are presented through oral testimony, depositions, and numerous exhibits. Counsel have likewise filed exhaustive briefs. The plaintiff, Glen C. Bul...
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321 F. Supp. 68 (1971) Mary Helen EDWARDS, Du Wayne Galloway, Henry Richardson, and Elizabeth Tostevin, on behalf of themselves and all persons similarly situated, Plaintiffs, v. Wilbur J. SCHMIDT, Secretary, State Department of Health and Social Services, State of Wisconsin, and Sanger B. Powers, Administrator, Division of Corrections, State Department of Health and Social Services, State of Wis...
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MEMORANDUM OF DECISION AND ORDER By decree dated July 14, 1970, the Limestone County Board of Education was ordered by a three-judge panel to place in effect by the commencement of the fall school term a plan, prescribed therein, for conversion to a unitary school system. The order contained almost verbatim the provisions for “desegregation of faculty and other staff,” “majority to minority trans...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER DIRECTING ENTRY OF JUDGMENT FOR DEFENDANT. This is a claim for refund of taxes paid for the year 1962. The matter was tried before the Court on October 23, 1970. The Court, pursuant to Rule 52 of the Federal Rules of Civil Procedure, now makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiffs are husband and wife a...
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FINAL SUMMARY JUDGMENT The present action was commenced by the filing of a Complaint by John Nicholas, as Trustee for the Bankrupt, Pioneer Book Publishers, Inc., on January 28, 1969. The Complaint was subsequently amended to state two counts. Count II of the Second Amended Complaint alleges that certain charges made by the Defendant, Publishers Collection Service, Inc., constituted the charging ...
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This is a proceeding in eminent domain to ascertain just and adequate compensation for certain tracts of land condemned by the government in connection with the Carter’s Dam Project in northwest Georgia. At pre-trial, it appeared that this particular case embraced a preliminary issue whether the particular taking was within the “scope of the project.” Accordingly, a non-jury hearing was conducted ...
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I. THE FACTS Defendant was arrested on February 21, 1968, on charges that he had, on that day, made threats against the life of Special Agent William H. Smith of the Federal Bureau of Investigation “and/or members of his family.” On March 5, 1968, a Grand Jury returned a three-count indictment charging defendant with one violation of 18 U.S.C. §§ 111 and 114, and two violations of 18 U.S.C. § 1503...
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Plaintiff, Ford Motor Credit Company, brought this action for declaratory relief against the Louisiana Tax Corn-*1366mission and various tax assessors, sheriffs and ex-officio tax collectors. Jurisdiction was predicated on 28 U.S.C. §§ 1331, 1332 and 2201. Plaintiff sought a declaratory judgment declaring that the property taxes assessed against them by the Louisiana Tax Commission pursuant to La....
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On October 16, 1968, plaintiff, a longshoreman, was injured on the defendant’s vessel while in the course of his employment. Travelers Insurance Company, the compensation insurer for Chouest’s employer, paid him $4,610.61 for medical expenses and for compensation. On June 9, 1970 judgment was rendered for Chouest for $6,330.64. Travelers, which had intervened, was awarded $4,610.61 with interest a...
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324 F. Supp. 1034 (1971) Frederick E. OTT, Jr., Petitioner, v. UNITED STATES BOARD OF PAROLE, Respondent. Civ. A. No. 18971-3. United States District Court, W. D. Missouri, W. D. January 4, 1971. *1035 Frederick E. Ott, Jr., pro se. No response required from respondent. ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING PETITION FOR MANDAMUS WITHOUT PREJUDICE WILLIAM H. ...
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OPINION Petitioner, now serving a sentence of from nine to ten years at Clinton Prison, New York, pursuant to a judgment of conviction for attempted rape in the first degree, entered in the Supreme Court of the State of New York, County of New York, upon his plea of guilty, seeks his release on a writ of habeas corpus. He challenges the conviction as void for violation of his federal constitution...
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ORDER The defendant herein has moved pursuant to Rule 45, Federal Rules of Civil Procedure for the production of documents contained in the files of Deering Milliken, Inc. concerning the patents disputed in the above action. At the hearing of the matter, Deering Milliken and the plaintiff herein objected to the requested production upon the grounds that many of the documents requested were within...
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OPINION and JUDGMENT On December 11, 1969 the petitioner was convicted of armed robbery by the Circuit Court of Rockingham County and received a sentence of five years. The conviction was affirmed on direct appeal by the Supreme Court of Appeals of Virginia. Kirkpatrick v. Commonwealth, 211 Va. 269, 176 S.E.2d 802 (1970). The present petition for a writ of habeas corpus was ordered filed in forma ...
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OPINION AND JUDGMENT The complaint in this action, entitled a “Petition for Order of Judgment,” was filed in forma pauperis and transferred to this district by order of the United States District Court for the Eastern District of Virginia. The thrust of the action is a suit for damages because of the deprivation of civil rights. No basis for jurisdiction is specified but the court will construe th...
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321 F. Supp. 222 (1971) NORFOLK SHIPBUILDING AND DRYDOCK CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant. Civ. A. No. 647-69-N. United States District Court, E. D. Virginia, Norfolk Division. January 4, 1971. *223 *224 Christian, Barton, Parker, Epps & Brent by Delman H. Eure, and James Edward Betts, Richmond, Va., for plaintiff. Lynn W. Ross, Jr., Atty., Tax Division, Dept. of...
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RULING ON PENDING MOTIONS I. Background and Issues J. Earl Alexander, a Louisiana citizen, commenced this action in the Second Judicial District Court, Jackson Parish, Louisiana, against J. B. Lancaster, Legislative Auditor of the State of Louisiana, and The Associated Press (AP), seeking recovery of $1,250,000 as damages for alleged defamation. Complainant alleges that Lanca...
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RULING ON DEFENDANTS’ MOTION TO DISMISS, PLAINTIFF’S MOTION TO CONVENE A THREE JUDGE DISTRICT COURT Plaintiff Cynthia Gatling is an indigent juvenile who has been adjudicated a delinquent by the Juvenile Court for the Second District of Connecticut. She sought review of that adjudication by the Superior Court, see Conn.Gen.Stats. § 17-70(b), but was prevented from obtaining review because the def...
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