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All Reporters → us-dist-lexis → Volume 1975

Opinions in us-dist-lexis Volume 1975

MEMORANDUM AND ORDER Petitioners are seeking a Writ of Habeas Corpus and Order permanently enjoining their transfer from Richmond to Fort Christian or, especially, a stateside penal facility. Their claim is essentially that a disciplinary transfer without either notice or hearing violates due process. The respondent (Government) has moved to dismiss on the ground that they have failed to state a c...
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MEMORANDUM OPINION This case involves the enforcement of a restrictive covenant in a deed to real property located in Estate Nazareth, St. Thomas, Virgin Islands. Plaintiff Beatty, on behalf of himself and other homeowners similarly situated, filed suit for an injunction barring defendant John C. Clark, Inc., a Maryland corporation, from operating The Sea Lord Club, a private membership club, on L...
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MEMORANDUM Plaintiff brought this action in municipal court against defendant charging forcible entry and detainer and seeking restitution of premises and damages. Answering, defendant counterclaimed against plaintiff for compensatory damages in the amount of $250,000 and exemplary damages of $500,000, sums well in excess of the jurisdictional limit of the municipal court. Moreover, defendant dema...
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MEMORANDUM OPINION AND ORDER Defendant Metropolitan Life Insurance Company moves pursuant to Rule 12(b) (2) of the Federal Rules of Civil Procedure to dismiss the instant action on the ground that this Court lacks personal jurisdiction over it. Initially, I would point out that the motion was filed on July 2, 1973, more than a year and a half prior to receipt by this Court of a letter from defenda...
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MEMORANDUM OPINION AND JUDGMENT Plaintiff James Duerbig, at approximately midnight, was walking with a group of fellow students of the West Indies Laboratory of Farleigh Dickenson University along the side of one of Grapetree Bay Hotel’s subdivision roads. He was struck from behind by an automobile traveling in the same direction. Defendant Hans Eberhardt (“Eberhardt”) was the driver. He was also ...
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MEMORANDUM OPINION This case in tort arises from an accident which occurred August 5, 1972. .Plaintiff, Lyle Munson, was engaged at *620that time as a sandblaster for third-party defendant Communication Systems & Maintenance Corporation (CSM), of which he was also vice-president. CSM had been retained by defendant Liberty Hall Realty Company to do sandblasting on an old building in Frederiksted, S...
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MEMORANDUM OPINION Before the Court is a motion, pursuant to F.R.C.P. Rule 23(c) (1), to certify whether this suit is to be maintained as a class action. In order to make the specific findings required by the Rule, it is necessary to briefly summarize the underlying facts. This suit is composed of two causes of action. The first, brought by the landowner, West Indies Investment Co., is not involve...
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MEMORANDUM OPINION AND ORDER Defendants have independently and jointly moved this Court to dismiss plaintiff’s complaint based upon Fed. R. Civ. P. 41(b). Normally, dismissal under this subdivision operates as an adjudication upon the merits. Such would be the case if this Court dismissed plaintiff’s complaint for failure to comply with previous orders of this Court as well as for failure to prose...
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Sitting by Designation MEMORANDUM OPINION AND ORDER Prior to trial on June 4, 1974, defendant moved this Court to dismiss this divorce action for lack of subject matter jurisdiction. Rule 12(b) (1), F.R.C.P. Plaintiff alleges jurisdiction under 16 V.I.C. § 106, namely that plaintiff was a resident of the Virgin Islands for six weeks prior to the filing of this action and continues to be such. Unde...
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MEMORANDUM OPINION AND ORDER This is an action for interpleader in which the plaintiff, the Chief Deputy Marshal of the Municipal Court of the Virgin Islands, seeks a determination as to which of the two defendants, Bank of Nova Scotia (“Bank”) and Sunny Isle Shopping Center, Inc. (“Sunny Isle”) is entitled to the $16,000.00 proceeds of a Marshal’s sale. On August 1, 1975, the Bank brought a cross...
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Sitting by Designation MEMORANDUM OPINION AND ORDER On July 24, 1975, this Court entered an Order in this matter setting forth the defendant’s rights to visit with his four minor children now in the custody of the plaintiff in Florida. This Order modified the Decree entered in this matter by Chief Judge Almeric L. Christian on November 13, 1970. The July 24, 1975, Order specifically refused to mak...
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MEMORANDUM OPINION AND ORDER Plaintiff Frank Wiesner has moved this Court for Summary Judgment, pursuant to Fed. R. Civ. P. 56, in the *317above-entitled manner. Upon consideration of his motion, the memoranda of points and authorities in support thereof and in opposition thereto, oral argument of counsel having been heard, and for reasons set forth in the following opinion, it is hereby decided t...
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opinion of the court as an APPELLATE COURT This matter is before this Court on appeal from the Small Claims Court of the Municipal Court. The appellees, John B. and Vida Louis, brought suit on May 15, 1975, against the appellants, United States Home Communities Corporation (“U.S. Home”) and Velma Tyson, to recover a security deposit which had been made pursuant to a written lease between the parti...
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MEMORANDUM AND ORDER In this condemnation action, defendants have submitted a motion to reconsider that portion of the judgment of this Court entered on November 10, 1975 denying attorney’s fees and providing for interest on the judgment at the rate of 6 percent until payment has been made in full. The question of attorney’s fees is a difficult one. In Virgin Islands Housing and Urban Renewal Auth...
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Sitting by Designation. At the hearing on all pending motions held on October 8, 1974, the Court directed that counsel for the respective parties should meet and attempt to agree on procedures and related matters regarding the progress of this action, with particular attention to be given to the need for and scope of a bifurcated trial under Rule 42(b) F.R.C.P. on the defense of res judicata or co...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This action, which had its origin in a charge of sex discrimination in the payment of wages, is now narrowed to a charge of retaliatory conduct. The action was commenced by the Equal Employment Opportunity Commission (“EEOC”) against Kallir, Philips, Ross, Inc. (“KPR”), an advertising agency, charging that it suspended and later di...
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MEMORANDUM and ORDER In this action plaintiff Allard K. Lowenstein, a former candidate for Congress in the 14th Congressional District in Brooklyn, New York, seeks declaratory and injunctive relief and damages against various present and former government officials for their alleged improper and unlawful conduct toward him. This opinion considers those motions to dismiss and for summary j...
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ORDER Petitioner, an Oklahoma State Prisoner, proceeds under 28 U.S.C. § 2254 after ex *2 hausting state remedies 1 claiming his conviction of armed robbery was unconstitutionally obtained in that, (1) a large floppy black hat and a pistol, which were introduced in evidence against him at his trial, were illegally seized from his home and car, and, (2) he was subjected to an unfair and ...
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OPINION Plaintiff, an Oregon resident, brings this maritime personal injury action against defendant shipowner, a corporation of a foreign nation. 28 U.S.C. § 1332. On April 2, 1973, plaintiff worked on board defendant’s vessel the M S Nedlloyd Kingston (Kingston), then berthed in navigable waters in Portland, Oregon. He was employed by Jones Oregon Stevedoring Co. (Stevedore), which was ...
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*407 MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s Motion for a New Trial or, in the alternative, for a Judgment of Acquittal after a jury verdict of guilty on the count charged in the indictment. The count upon which the defendant was found guilty is as follows: COUNT I: That from on or about October 26, 1973, up to and including February 15, 1974, in the Easte...
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MEMORANDUM OPINION AND ORDER The plaintiffs claim that the defendants, acting under color of state law, deprived them of their federally-protected civil rights, both directly and conspiratorily, “ * . * * by passing laws singling out the plaintiffs for discriminatory treatment * * * ’’ in connection with their applying for placement in Tusculum, Tennessee of a mobile home and a mobile home park. 2...
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MEMORANDUM OPINION AND ORDER The instant action comes before this Court on a motion to confirm an arbitration award. An arbitration hearing was held in this matter on March 5, 1975, at which Charles *123 D. Baldwin and John F. James served as arbitrators. After having taken the matter under advisement for a period of time, the arbitrators rendered detailed Findings of Fact and awarded the con...
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MEMORANDUM OPINION AND ORDER Defendants College of the Virgin Islands (“CVI”), Lawrence C. Wanlass and Arthur Richards move pursuant to Rule 12(b) of the Federal Rules of Civil Procedure to dismiss Cause I of the complaint as it pertains to defendants Wanlass and Richards, individually, and Cause II of the complaint as it pertains to the College of the Virgin Islands. Cause I of the complaint...
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DECISION AND ORDER There are several motions before the court. The defendant Smith has moved for judgment on the pleadings on the grounds of lack of jurisdiction or alternatively for summary judgment. The other individual defendants have joined in Mr. Smith’s motion. The plaintiff, Central Bank, has also moved for summary judgment, contending that there is no material issue of fact for trial, and ...
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MEMORANDUM OPINION This matter is before the court on defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment and plaintiff’s Cross-motion for Summary Judgment. Defendant, Federal Reserve Board, is authorized by section 4(c) (8) of the Bank Holding Company Act, 12 U.S.C. § 1843(c)(8), to determine those activities in which a bank holding company may engage as being so close...
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OPINION In this action, the Court is called upon to review a decision of the United States Patent Office Board of Patent Interferences which, in an interference proceeding, awarded priority of two patent counts to the plaintiff, Mathieu Bongard (“Bongard”) over Ivo Mavrovic, the assignor of the defendant, Chemical Construction Corporation (“Chemico”). Jurisdiction is based on 35 U.S.C. § 146 and ...
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MEMORANDUM DECISION Commencing in 1957, defendant Fred Harvey, Inc.,1 leased and operated the Kungsholm Restaurant and its famed puppet opera from plaintiffs’ predecessor in interest, Kungsholm Restaurant Company, Inc. In 1968 plaintiffs acquired all of Kungsholm’s lessor interests. When defendant terminated the lease in 1972 it returned only a portion of the opera puppets and equipment to the pl...
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Chapel, presently confined in the Maryland Penitentiary, herein seeks ha-beas corpus relief in this Court for the first time. Chapel was convicted after a jury trial presided over by Judge J. Gilbert Prendergast in the Criminal Court of Baltimore on October 2, 1972 of attempted robbery with a deadly weapon and possession of a deadly weapon and was sentenced by Judge Prendergast to a term of confin...
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Plaintiffs, Bernard and Sevy Wassel, 1 allege violations of the Securities Act of 1933, 15 U.S.C. §§ 77a-aa, and the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a-hh, by defendants, Edward M. Eglowsky and Stephen H. Stillerman. 2 The latter deny liability but secondarily assert, with regard to any possible liability on their part to Wassel pursuant to Wassel’s ’33 Act ...
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MEMORANDUM OF DECISION ON MOTION TO SUPPRESS This case is before the Court on the motion of the defendants Gerald Gerardi and Marshall Schreter to suppress items seized in searches of a Lincoln automobile. An evidentiary hearing was held on the motion. At the end of August, 1973, Secret Service Agent Francis Searle acting in an undercover capacity, met at the Sonesta Hotel in Cambridge with the d...
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OPINION This is a prisoner’s civil rights action brought pursuant to 42 U.S.C. § 1983. Petitioner is presently confined in the New Hampshire State Prison. He does not contest either the basis or length of his confinement, but complains about the conditions of his confinement. Jurisdiction is grounded in 28 U.S.C. § 1343(3). A hearing was held on July 8,1975. FACTS Petitioner, af...
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OPINION AND DECISION This is a motion by petitioners for an order enjoining the termination of employment of petitioners until such *1011 time as petitioners exhaust their administrative remedies. Each petitioner was appointed into a position under the Comprehensive Employment and Training Act of 1973 (“CETA”), 29 U.S.C.A. § 801 et seq. Such employment has been terminate...
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MEMORANDUM AND ORDER Defendant moves for an order directing arbitration in accordance with the *1058 agreement of the parties, and for a stay of the action pending completion of such arbitration. Arguing waiver and non-arbitrability of their claims, plaintiffs oppose. The court finds that although the claims are arbitrable defendant has, under the circumstances present here, ...
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MEMORANDUM OPINION This is an action on an insurance policy. The Plaintiff operated a shoe store in Frougs Department Store situated in a separate building in the Northland Shopping Center in Tulsa, Oklahoma. The Plaintiff obtained from the Defendant a policy of insurance protecting its store against loss or damage from windstorm or lightning.1 At about 2:00 a. *1052m. on September 6, 1971 approx...
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ORDER This is a proceeding for a writ of habeas corpus by a state prisoner who challenges the validity of the judgment and sentence of the District Court of Oklahoma County, Oklahoma, in Case No. CRF-71-2308. The respondents, pursuant to the Order of this Court to show cause, have filed a Response and submitted the original record including the transcript of petitioner’s trial together with the re...
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ORDER This is a proceeding for writ of habeas corpus by the above-named petitioner who is confined in the Oklahoma State Penitentiary at McAlester, Oklahoma. He challenges the validity of the judgments and sentences rendered by the District Court of Oklahoma County, Oklahoma in cases numbered CRF-72-1915, CRF-72-1916, CRF-72-1917 and CRM-72-1449 on the ground that his pleas of guilty in those case...
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ORDER In this civil rights action Plaintiff seeks both actual and punitive damages to redress certain alleged invasions of his Federally protected rights. The action is brought pursuant to 42 U.S.C. §§ 1983 and 1985. Jurisdiction is founded upon 28 U.S.C. §§ 1331 and 1343. Two causes of action are set out in the Complaint. The first involves Defendants Dale Croft [Croft], William R. Bond ...
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ORDER This is a products liability action arising from the crash of a Martin 404 aircraft on October 2, 1970 near Silver Plume, Colorado. Multiple Plaintiffs have joined in this action either seeking redress for injuries sustained in the crash or bringing actions *838 on behalf of persons killed therein. Plaintiffs originally brought separate actions in the District Court of ...
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MEMORANDUM Invoking 28 U.S.C. section 1343 (3) and (4) as well, as 42 U.S.C. section 1983, 28 U.S.C. sections 2201 and 2202, and Fed.R.Civ.P. 57, plaintiffs, both organizational and individual plaintiffs, bring this action1 for declaratory and injunctve relief challenging the constitutionality of the Pennsylvania Senior Citizens Property Tax Assistance Act2 (the Act). Plaintiffs contend that sect...
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OPINION Plaintiff Executor seeks to recover Estate Tax paid upon a disallowed deduction for a debt. Decedent H. L. Emmet, Sr., died testate July 15, 1968. Plaintiff was Executor of his estate. The gross estate amounted to $1,332,222.47. The distributive share of decedent’s son, H. L. Em-met, Jr. in the estate amounted to more than the debt in question. At the time of decedent’s ...
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*891 MEMORANDUM OPINION This matter is before the Court on plaintiff’s Motion for Summary Judgment and defendants’ Cross-motion for Summary Judgment, or in the Alternative, to Dismiss. After hearing Arguments thereon, the Court makes the following findings of fact and conclusions of law. Plaintiff, Hoffmann-LaRoche Inc., has brought suit for declaratory and injunctive relief...
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ORDER This is an action for equitable relief and money damages regarding revocation of plaintiff’s liquor license. The action is brought pursuant to 42 U.S.C. § 1983 and jurisdiction is alleged under 28 U.S.C. § 1343. On July 23, 1975, the *265 court conducted a hearing on plaintiff’s request for a temporary restraining order; however, a ruling on the request for temporary injunctive relief w...
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ORDER Plaintiff mortgagor has brought this action against Federal National Mortgage Association, mortgagee, and its mortgaging servicing agent seeking both an injunction to prevent non-judicial foreclosure of her mortgage and a declaratory judgment holding that HUD Handbook 4191.1 imposes legally enforceable duties on Section 235 mortgagees and servicers. Plaintiff now moves for a determination t...
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MEMORANDUM OPINION The Illinois Migrant Council (hereinafter IMC), a not-for-profit corporation, and Arturo Lopez, Larry Sandoval, Elias Montanez, Tessie Alvarado, Isabel Carillo, Fidencio Salinas, Rutilio Arteaga and Ninfa Arteaga, 1 individually, and on behalf of all others similarly situated, bring this action for declaratory and injunctive relief against 9 named and 35 unkn...
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*608 MEMORANDUM OPINION AND ORDER This is an action by several railroad companies seeking judicial review of a report and order of the Interstate Commerce Commission which found that plaintiffs had not shown a proposed modification of arrangements for the transit of vegetable oil, cake or meal was just and reasonable. Plaintiffs ask this Court to set aside the report and declare ...
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On January 12, 1972, a collision between the M/V ENTERPRISE and its tow and the M/V BUCCANNEER and its tow, occurred on the Intracoastal Waterway. At that time, the M/V ENTERPRISE was being operated by Le-Beouf Bros. Towing Co., Inc. (hereinafter referred to as LeBeouf). The M/V BUCCANNEER was owned and operated by Bareboat Charter Co., Inc. (hereinafter referred to as Bareboat). Joseph A. Guid...
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OPINION AND ORDER J. Bartlett Tuthill, petitioner, makes this application for habeas corpus relief pursuant to 28 U.S.C. § 2254 on the grounds that he was arbitrarily de *33 nied bail by a judge of the New York State court pending appeal of his state conviction and sentence for driving while intoxicated (“DWI”). A hearing was held by Hon. Robert L. Carter of this court during which the partie...
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MEMORANDUM DECISION AND ORDER Gordon and Breach Science Publishers, Ltd. (G&B Ltd.), one of the defendants herein, has moved this Court pursuant to Fed.R.Civ.P. 12(b)(1) and (2) for the entry of an order dismissing this diversity of citizenship action as against it for lack of subject matter and in per-sonam jurisdiction. For the reasons expressed herein, we find that G&B Ltd. ...
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ORDER This is a proceeding for Writ of Habeas Corpus by the above-named petitioner who at the time the petition was filed was incarcerated in the Vocational Training Center, Stringtown, Oklahoma, by virtue of the Judgment and Sentence entered by the District Court of Oklahoma County in Case No. CRF-71-178. Therein the petitioner was charged by Felony Information with the crime of Possession of Mar...
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OPINION AND ORDER Before us is a motion to transfer this matter to the United States District Court for the Southern District of New York, pursuant to our discretionary power to do so under 28 U.S.C. § 1404(a). We will grant the motion for the convenience of the parties and the witnesses, and in the interest of the efficient and economical administration of justice. Plaintiff Armón A...
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OPINION The question in this case is whether an overpayment on a joint income tax return, all the income having been produced by the husband’s business, must be used to reduce his subsequent liability for underpayment of certain employment taxes. The matter comes before the court on cross-motions for summary judgment. I conclude that the motion of the government must be granted. The parties h...
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MEMORANDUM AND ORDER Presently before this Court is SKF Industries’ (“SKF”) motion to dismiss, for lack of subject matter jurisdiction, those allegations contained in plaintiff’s complaint pertaining to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. SFK contends that plaintiff failed to timely file this action within ninety (90) days, as required by 42 U.S.C....
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MEMORANDUM The above styled cases are consolidated for consideration by the court, sua sponte, of the jurisdictional basis for a suit in the Federal district court for garnishment of wages or other remuneration for employment pursuant to 42 U. S.C. § 659. In both of these eases, the plaintiff seeks to enforce the individual defendant’s child support obligations. Heretofore, the sovereign im...
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MEMORANDUM OPINION This is an action arising under the Fair Labor Standards Act 29 U.S.C. Sec. 201 et seq. The case was tried before the Court on May 12-13, 1975, and the Court makes the following findings of fact and conclusions of law. The parties have stipulated sufficient facts to establish the necessary connection with interstate commerce and give this Court jurisdiction. The defendant, Asso...
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MEMORANDUM OPINION AND ORDER This action was transferred from the Municipal Court by an unsigned order dated September 4, 1974, intended for Judge Antoine Joseph’s signature. The reason stated for the transfer was the Municipal Court’s lack of jurisdiction. Although not articulated, it appears that the jurisdictional question concerns the trial court’s upper limit of $10,000.00. I am re-transferri...
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MEMORANDUM OPINION This is a suit for declaratory and in-junctive relief brought by Arkansas Community Organization for Reform Now (ACORN) and seven individual members of that organization who reside in the eastern part of the City of Little Rock, Arkansas. The defendants are the Secretary of the United States Department of Transportation, the Administrator of Region 6 of the Federal Highway Ad...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came on for hearing on the Motion of the Plaintiff for a Preliminary Injunction, and the parties, through their counsel, having stipulated that this Motion may be treated as a Motion for Summary Judgment subject to a Motion for Reconsideration by Defendant Leonard Wolin, which Motion will be filed, if at all, within sixty (60) days after the entry ...
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MEMORANDUM OF OPINION In 1971 two environmental groups and two individuals brought this action to contest the allegedly unlawful construction and operation of three major facilities of the California Water Project. The parties agreed to bifurcate the trial of the action into a liability phase and a relief phase. The liability phase was tried to the Court between June 10, 1974, and June 21...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the parties’ cross-motions for summary judgment. The motions were argued on April 21, 1975, at which time the Court took the matter under advisement. The plaintiffs in this action are the Public Interest Campaign, a non-profit educational and charitable association with a special interest in the subject of air polluti...
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MEMORANDUM AND ORDER This is an action by two taxpayers for the recovery of money which was paid to the United States after a deduction, claimed by plaintiffs on their 1971 joint income tax return, was disallowed. It is now before this court on cross motions for summary judgment. The parties have stipulated to the facts needed to decide the case. On January 3, 1971, plaintiffs’ 16-ye...
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Plaintiffs' Jacob and Bette Jablon, husband and wife, have instituted the within proceeding challenging the provisions of 42 U.S.C. § 402(c)(1)(C) 1 as repugnant to the Due Process Clause of the Fifth Amendment to the federal Constitution. 2 Plaintiffs seek injunctive and declaratory relief against the continued application of 42 U.S.C. § 402(c)(1)(C) in such a manner as...
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398 F.Supp. 1374 (1975) UNITED STATES of America, Plaintiff, v. Thomas C. KELLY, Defendant. No. 74-324CR(3). United States District Court, E. D. Missouri, E. D. July 28, 1975. *1375 Donald J. Stohr, U. S. Atty., Barry A. Short, Asst. U. S. Atty., St. Louis, Mo., for plaintiff. Robert A. Hampe, St. Louis, Mo., for defendant. MEMORANDUM WANGELIN, District Judge. This matter is before the Court for...
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MEMORANDUM AND ORDER The question presented by defendant’s post-trial motion for the award of attorney’s fees and costs is whether this successful defendant in a Title VII action should be granted such an award against this employee-plaintiff who unsuccessfully contended that she had been denied promotion and had been subsequently fired on grounds of race. Concededly, discretion should be spari...
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OPINION The application at hand is a motion by defendant to vacate an attachment order granted in the state court on plaintiff’s ex parte application. This case involves a suit by Random House, Inc. against Linda Goodman, an author, to recover $40,000 in advances paid to the defendant pursuant to a contract under which she was to write and plaintiff was to publish two books. The suit was commenced...
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MEMORANDUM AND ORDER This is a motion by the defendant, UNITED STATES OF AMERICA, for partial summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. In March, 1970, the District Director of Internal Revenue for the Eastern District of New York made two penalty assessments against plaintiffs, in the amount of $33,805.49. The assessments were made pursuant to ...
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MEMORANDUM OF DECISION This action was commenced in February, 1972, when certain recipients of *422 grants under the Aid to Families with Dependent Children Program (AFDC), 42 U.S.C. § 601 et seq., sought a determination of the validity of Section 352.7 (g) (6) of Title 18 of the New York Code Rules and Regulations (NYCRR) under which an advance allowance made to a recipient to prevent evic...
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OPINION AND ORDER Plaintiffs in these consolidated actions challenge the retention and sale elements of the “repairmen’s lien” created by the common law and statutes of the Commonwealth of Pennsylvania. In a prior Opinion and Order dated December 11, 1974, we upheld the “repairmen’s lien” on the dual grounds that plaintiffs had failed to show sufficient state involvement in the conduct of the pri...
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MEMORANDUM OPINION AND CERTIFICATE The Court considered the application of the petitioner Mr. Guy Dunbar for the federal writ of habeas corpus herein a challenge to the finding of a state hearing judge that he possessed the mental capacity to enter a plea of guilty to the indictment in the Criminal Court of Hamblen County, Tennessee, pursuant to the judgment of which he is now incarcerated by the ...
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MEMORANDUM AND ORDER The Defendant Frank Bates, Jr. stands charged by Grand Jury Indictment in Count One of importing approximately 2,798 ionamin capsules in violation of 21 U.S.C.A. § 952(a); Count Two charges the Defendant with importing 11 bottles of Robitussin A-C cough syrup in violation of 21 U.S.C.A. § *732952(a); and Count Three charges the Defendant with possessing approximately 2,798 ion...
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OPINION Defendant Didier moves to dismiss the indictment on the ground that he was deprived of his right to a speedy trial, secured 'by both the Southern District Plan for Achieving Prompt Disposition of Criminal Cases (“Southern District Plan”) and the Sixth Amendment to the Constitution. On February 16, 1973 Indictment 73 Cr. 169 was filed charging defendants Didier, Ashdown and Lombardozzi with...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on defendant Mitchell’s Motion for In Camera Examination By The Court of Richard M. Nixon’s Testimony, the memorandum of the United States responding in opposition thereto, and the defendant’s memorandum in reply. Defendant Mitchell requests that this Court review, in camera, some eleven hours of sworn, recorded testimony given in Ca...
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MEMORANDUM AND ORDER Plaintiff, a physician, lost considerable hearing in her left ear in 1968. In this complaint filed in August, 1974, she alleges that her injury was caused by defendants’ drug Aralen (chloroquine phosphate), which the Public Health Service prescribed for her over a long term as an antimalarial prophylaxis while she was in Nigeria in government service. She has received...
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ORDER The plaintiffs in this lawsuit allege in a two count complaint that Article XII F of the Declaration of Condominium of the defendant San Remo, Inc. constitutes an illegal restraint on alienation of property, and that the defendants have discriminated against them on the basis of their religion or national origin. The parties to this cause have stipulated that the issue raised in count one...
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MEMORANDUM AND DECISION Statement of the Case The defendant, Clifford Rutledge, was charged by indictment with the distribu*995tion of heroin in violation of Title 21, United States Code Section 841(a)(1) and entered a plea of not guilty. The defendant filed a written waiver of his right to a trial by jury on March 13, 1975, which waiver was approved by the Court. The trial in this cause was hel...
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OPINION AND ORDER Defendant is charged in a two count indictment with robbing the Boston Five Cents Savings Bank at 295 Cambridge Street, Boston on January 21, 1975. Count 1 charges a violation of 18 U.S.C. § 2113(a). Count 2, based on the same operative facts, alleges further that in “committing the aforesaid acts, [the defendant] did assault and put in jeopardy the lives of employees ... by u...
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OPINION AND ORDER Plaintiffs (the Union) originally brought this action to compel Northeast Airlines, Inc. (Northeast) to negotiate with the Union prior to consummation *373of a merger of Northeast into Delta Airlines, Inc. (Delta) with respect to protective provisions relating to post-merger seniority and certain other matters. Plaintiff based its claim on section 3(b) of its collective bargaini...
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OPINION This is a civil action for preliminary and permanent injunctive and declaratory relief. The fourteen named plaintiffs are members of the United States Marine Corps Reserves. Defendants are the United States, the Secretary of the Navy and several named officers of the United States Marine Corps. Jurisdiction of this Court is invoked on the basis, inter alia of 28 U.S.C. §§ 1331, 1346, 2201 ...
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MEMORANDUM AND ORDER This matter arises out of a mechanics lien foreclosure action first brought in state court and subsequently removed by the United States under 28 U.S.C. § 1444 to the United States District Court. The critical issue is whether the mechanics lien asserted by the plaintiffs has priority over a mortgage interest held by the United States through its agency, the Small Bus...
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MEMORANDUM The undisputed facts and the legal issues are amply stated in the opinion of Bank *76 ruptcy Judge Babitt. * It is feasible and appropriate, therefore, to record with relative brevity, and in the order of Judge Babitt’s treatment, the grounds of affirmance on the major claim, reversal on the second, and a remand on the third. 1. Claim No. 2304...
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MEMORANDUM DECISION AND ORDER Spire Capital Services Corp. [Spire], one of the defendants herein, has moved for the entry of an order pursuant to Fed.R.Civ.P. 12(b) (2) (3) (4) and (5) dismissing the instant cause as against it on the grounds of “lack of jurisdiction over the person”; “improper venue”; “insufficiency of process”; and “insufficiency of service of process”. For the reasons ...
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Defendant Percy Foreman moves to dismiss the complaint for lack of in per-sonam jurisdiction, for improper venue, or alternatively, for failure to state a claim upon which relief may be granted. He further requests, should the motion to dismiss be denied, that the action be transferred to the Southern District of Texas on the ground of forum non con-veniens. Plaintiff Eugene A. Wahl, a citizen ...
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OPINION AND ORDER Before us is defendant’s motion for summary judgment in the above-captioned case, which seeks review of a final decision of the Secretary of Health, Education and Welfare terminating the plaintiff’s period of disability for benefits under the Social Security Act, 42 U.S.C. § 405(g). The claimant filed for disability benefits on July 13, 1972, alleging that he became...
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OPINION AND ORDER Before us for determination are cross motions for summary judgment that have been filed by the parties to this action in which we are asked to review a final decision of the Secretary of Health, Education and Welfare, denying disability benefits under the Social Security Act, as amended, 42 U.S.C. § °01 et seq. The specific provision governing judicial review ...
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MEMORANDUM AND ORDER This suit challenges the legality of §§ 3234.6 and 3234.61 of the Pennsylvania Department of Public Welfare’s Public Assistance Manual (hereinafter P.A. Manual). These provisions are part of the regulatory system used by the Department of Welfare (hereinafter DPW) to compute the cash assistance available to applicants under the Federal Aid to Families with Dependent C...
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OPINION This is a Truth in Lending case which involves the credit sale of an automobile purchased from East Hills Ford Sales, Inc. and financed through Mellon Bank. The plaintiffs cause of action is based on alleged violations by the defendant of several disclosure provisions of the Act, 15 U.S.C.A., Section 1601 et seq. and Regulation Z, 12 C.F.R. § 226.1 et seq. At the time of trial each of t...
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OPINION This is a civil action wherein the plaintiff,--a construction industry “management” association, seeks declaratory and injunctive relief in an effort to forestall the enforcement of an allegedly improper and invalid arbitration award. 1 Specifically, the plaintiff seeks a court order declaring that the aforementioned arbitration award, insofar as it purportedly commands...
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OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT This is a civil action for money damages. Plaintiff sues in four “causes of action” for (1) the alleged violation of his civil rights by defamation, (2) an alleged conspiracy by all defendants to violate his civil rights as alleged in the first cause, (3) alleged slander by defendant Ross in an interview with a newspaper reporter, and (4) alleged de...
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On March 17, 1972, a collision occurred between the M/V OVERSEAS VALDES and the Tug HARD WORK and its tow, the Barge SUN-CHEM 900. The Alamo Chemical Transportation Company, (hereinafter referred to as Alamo), who was the owner of the Tug HARD WORK, commenced this action, in rem, against the M/V OVERSEAS VALDES and in personam against the Maritime Overseas Co., (hereinafte...
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MEMORANDUM OPINION This a Motion for Summary Judgment filed by the United States against the individual defendants in the above entitled cause, each one allegedly a guarantor on a Small Business Administration loan made in 1967 to the defendant company. It is undisputed that a loan in the amount of $180,000 was made by the Presque Isle Bank, Rogers City, Michigan, on November 1, 1967...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Plaintiff, Administrator of the estate of his minor deceased son, May *137 nard Gault, Jr., filed this diversity suit against the defendants under the wrongful death statute of the State of Mississippi, Miss.Code 1972, § 11-7-13, seeking damages for himself, his wife, Jo Ann Gault, mother of the decedent, and Josanne Gault, Castle Ann Gault, John Ga...
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OPINION Plaintiffs, members of the United Construction Contractors Association, Inc. (“United”), by order to show cause, *895 have moved to enjoin defendant Industrial Commissioner of New York from cancelling the registration of apprentice electricians employed by plaintiffs and from disqualifying each plaintiff from employing registered apprentice electricians for a three-ye...
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OPINION Plaintiff, Alvin Y. Labat, a black citizen of the United States, brings this action under Title VÍI of the Civil Rights Act of 1964, 1 42 U.S.C., sections 1981 and 1983, and the Fourteenth Amendment of the United States Constitution. In substance, he charges that denial to him of reappointment with tenure as an associate professor at Queens College was based on racial d...
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The plaintiff has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This action was instituted after several maps were filed in 1971 pursuant to Section 30 of the Highway Law of the State of New York, describing land within the Allegany Reservation of the plaintiff which the State wished to appropriate in connection with the construction of a highway. The Sta...
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I. INTRODUCTION A. Statement of the Case This action was initiated in the Wilmington Division of this Court by a complaint filed on June 5, 1974 by the plaintiffs, Conservation Council of North Carolina, Bobbi Boney, Ann Schlink, James Mixon, and Frances Needham. Defendants were Colonel Albert C. Cos-tanzo, the Wilmington District Engineer of the Corps of Engineers, Lt. Gen. F. J. Cla...
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MEMORANDUM AND ORDER This is a diversity contract action in which defendant, Anvan Corporation (“Anvan”), has moved for an order staying all proceedings pending plaintiff’s submission of its claim to arbitration. Plaintiff, Vespe Contracting Co. (“Vespe”), was the subcontractor engaged by Anvan to perform the concrete work for a Holiday Inn under construction in the University City area o...
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MEMORANDUM Before the Court are four motions by defendant, Willard Marchman. These motions will be treated seriatim. Motion to Remove Seal Defendant seeks access to certain “progress reports” filed with the Court by the United States Attorney pursuant to 18 U.S.C. § 2518(6). Access to portions of the materials under seal is controlled by § 2518(8) (d) and it appears that acc...
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MEMORANDUM OPINION This is a prosecution for the unlawful possession of the defendant Mr. Anderson of a controlled substance, with the intent to distribute and dispense the same. 21 U.S.C. § 841(a)(1), (b)(1) (B). It is charged that Mr. Anderson so possessed with such intent about 700 lysergic acid diethylamide tablets. Such tablets were taken from the glove compartment of Mr. Anderson’s auto...
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MEMORANDUM, FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF DENIAL OF INJUNCTIVE RELIEF AND ORDERED JUDGMENT DISMISSING THIS CAUSE On the 23rd day of July, 1975, after the parties had appeared in person and by attorneys of record and announced ready for hearing of all matters before the Court, and after a full and complete evidentiary hearing, the Court is of the opinion that the injunctive ...
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*1328 MEMORANDUM OPINION Plaintiffs, four black male employees at the Naval Air Rework Facility (NARF), Norfolk, Virginia, seek redress for alleged discriminatory employment practices. Jurisdiction is alleged under and pursuant to 42 U.S.C. § 2000e-16 and 28 U.S.C. § 1331(a). In July 1972, a Merit Promotion Vacancy Announcement for the position of Production Controller, GS-1...
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MEMORANDUM OPINION AND JUDGMENT Pursuant to a deed executed on April 26, 1969, between West Indies Enterprises, Inc., predecessor of the plaintiff Co-Build Companies, Inc., as grantor, and defendants Eugene and Jacklyn Farrow, as grantees, a parcel of land in Estate Wintberg was transferred for a consideration of $15,000.00. The complaint in the instant action alleges that the $15,000.00 purchase ...
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MEMORANDUM OPINION AND JUDGMENT I BACKGROUND FACTS Plaintiff American Fidelity Fire Insurance Company (“AFFIC”), Surety of the bankrupt Quantum Development Corporation (“Quantum”), brings this action to recover from the defendants Bank of Nova Scotia (“BNS”) and First National City Bank (“Citibank”) certain moneys, former bankruptcy funds to which AFFIC has become entitled by subrogation, which w...
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MEMORANDUM AND ORDER In this action the plaintiffs seek declaratory and injunctive relief and damages for alleged violations of their rights under the Public Broadcasting Act of 1967 (the Act), as amended, 47 U.S.C. § 396 et seq. (1970), and under the First and Fifth Amendments to the Constitution. For reasons set out below, the Court concludes that the case against ...
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MEMORANDUM OPINION In this case, a jury found that the plaintiff, Walter H. Pederson, had a valid patent for a snowmobile speedometer, and that the defendant, Stewart-Warner Corporation (“Stewart-Warner”) had willfully infringed the patent through the sale of parts from which a snowmobile owner or manufacturer could mount a speedometer on a snowmobile. Damages of $140,000 were assessed as...
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OPINION This is a civil action for the refund of. deficiency income taxes totaling $92,058.76 for the calendar year 1970. Jurisdiction is present under the provisions of 28 U.S.C. § 1346(a). The largest part of this tax assessment was based on a determination by the Internal Revenue Service that Lafayette Distributors, Inc. lost its Sub-Chapter S status as a result of the execution o...
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MEMORANDUM OPINION On May 31, 1974 plaintiff filed a single-count complaint pursuant to 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 administrative decision in this case was rendered by the Appeals Council on April 2, 1974 determining that plaintiff Mae Hutchinson was not entitled to a peri...
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MEMORANDUM OF DECISION At the evidentiary hearing held on June 30, 1975 at the United States Courthouse in Aberdeen, Mississippi, counsel for plaintiff objected to the introduction of portions of several affidavits submitted by defendants in support of motions for a change of venue which were then under consideration. The thrust of the objection in each instance was that the portion of th...
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On May 4, 1972, Ruhama Klein visited Dr. Naomi Kanof in the District of Columbia for treatment of a mole on her lower leg. As part of her diagnostic examination, Dr. Kanof forwarded a biopsy specimen of the mole to Dr. Charles F. Sims, a dermato-pathologist in New York, for laboratory analysis. Dr. Sims’s report apparently indicated that Mrs. Klein’s mole was benign. Unfortunately, Mrs. Klein late...
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MEMORANDUM This habeas corpus case comes before the Court pursuant to Title 28 U.S.C. § 2254 subsequent to a stipulation by the parties that the case be submitted on the record. The petitioner contends that his probation was revoked in violation of due process of law. The petitioner pleaded nolo contendere to three counts of motor vehicle homicide on June 16, 1972, in Douglas County District ...
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OPINION AND RULING This is a ruling on a motion for summary judgment. 1 Defendant moved that this court rule that plaintiff has failed to state a claim upon which relief can be granted, or alternatively, that the plaintiff is otherwise estopped from proceeding with his case. The motion is granted. FACTS Viewing the record in light most favorable to plaintiff, I find the following. The pla...
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OPINION AND ORDER The plaintiff, Robert M. Rothenberg, entered into a Privilege Checking agreement, collateral to his regular checking account, with the defendant, Chemical Bank New York Trust Co. (“Chemical”). Under the terms of the agreement Rothenberg was permitted to overdraw his regular checking account up to an agreed-upon maximum, such overdrafts to be covered by loans to his accou...
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This suit in equity which has been heard by a District Court of three judges as provided by 28 U.S.C. § 2281 was brought by Rayco Construction Company, Inc., an Oklahoma corporation, against Fred S. Vorsanger, Vice President for Fiscal Affairs of the University of Arkansas and Secretary of the Board of Trustees of that institution, and against the Chairman and other members of the Board. The pl...
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DECISION The government has brought this case in order to destroy three magazines and a deck of cards pursuant to 19 U.S.C. § 1305. The items are allegedly obscene and were seized when the claimants declared them to be “porno books” at the port of entry, O’Hare International Airport. Most of the words contained in the document are admittedly unintelligible to the claimants, but they assert that...
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MEMORANDUM AND ORDER This matter is before the Court upon the motion of defendants to dismiss the indictment. As grounds for the motion, defendants assert that the indictment is vague, ambiguous, uncertain and indefinite, and fails to comply with the requirements of Rule 7 of the Federal Rules of Criminal Procedure. The indictment in the instant case alleges as follows: On or about July 2, 1974, ...
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OPINION After the Supreme Court vacated the judgment entered pursuant to our initial opinion holding that section 72 of the New York Civil Service Law, McKinney’s Consol. Laws, c. 7, is unconstitutional, 1 and remanded the case for further consideration in light of Ar-nett v. Kennedy, 2 we reaffirmed our initial holding on November 18, 1974. 3 The Supreme Court has again vacated the jud...
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ORDER Plaintiff filed a complaint seeking a writ of habeas corpus prohibiting his prosecution by military authorities on charges arising from an alleged drug transaction off base. The complaint further prays for damages in excess of $10,000 resulting from plaintiff’s alleged unlawful incarceration pending disposition of the charges in accordance with procedures under the Uniform Code of Military J...
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MEMORANDUM AND ORDER We have before us a motion by plaintiffs for a final injunction against the closing of the Frankford Arsenal until such time as the Secretary of Defense or the Secretary of a military department gives Congress a full report of the facts and justification for such closing, pursuant to Section 613 of the Military Construction Authorization Act of 1967, 80 Stat. 757, 10 U.S.C. § ...
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MEMORANDUM AND ORDER Presently before the Court for reconsideration is one aspect of our previous resolution of the class action issue, under F.R.Civ.P. 231 in this lawsuit. This is an action under Title I of the Labor-Management Reporting and Disclosure Act (Act), 29 U.S.C. § 401 et *372seq., in which the plaintiff seeks, under section 102 of that Act, 29 U.S.C. § 412, relief for himself and the...
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OPINION There are cross motions for summary judgment before the court, one by American Airlines, filed May 1, 1975; one filed by Frontier Airlines on May 16, 1975; and one by plaintiff, Larry E. Randall, filed June 4, 1975. The suit was commenced by plaintiff on March 3, 1975, against both defendants seeking to recover $3,500.00, the alleged value of a gun ease and its contents alleg...
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MEMORANDUM OF DECISION This is a forfeiture action brought by the United States against one 1974 Mercury Cougar, pursuant to 21 U.S.C. § 881, on the ground that the vehicle was used to transport heroin. For reasons hereinafter set forth, forfeiture will be denied and the automobile ordered restored to the claimant. At the time of its seizure, on December 11, 1974, the defendant vehic...
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MEMORANDUM OPINION AND ORDER DENYING MOTIONS OF DEFENDANT NISSAN MOTOR COMPANY, LTD. TO QUASH SERVICE AND DISMISS THE COMPLAINTS FOR LACK OF IN PERSONAM JURISDICTION AND VENUE This matter is before the Court on Motions of defendant Nissan Motor Company Ltd. (Nissan Japan) to quash service and dismiss the complaints for lack of in personam jurisdiction and venue in all above captioned acti...
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MEMORANDUM OPINION This is an action brought under 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education, and Welfare denying plaintiff's application for Social Security disability benefits. The scope of this review is limited to determining whether the findings and conclusions of the Secretary are supported by substantial evidence. Ingram v. Richardson, 471 F.2d ...
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REASONS FOR DENIAL OF MOTION FOR PRELIMINARY INJUNCTION This suit is a class action challenging two policies of the welfare department of the State of Louisiana. Under the first policy the department reduces the current assistance grant of a family receiving Aid to Dependent Children in order to> recoup prior overpayments resulting from the failure of the head-of-the-household to report al...
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ORDER POSTPONING THE EFFECTIVE DATE OF DEFENDANT’S APPROVAL OF DEFENDANTINTERVENOR’S APPLICATION FOR PERMISSION TO ESTABLISH A BRANCH BANK UNTIL FURTHER ORDER OF THIS COURT PENDING DEFENDANT’S COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 INTRODUCTION This is an action to review the decision of the Comptroller of the Currency to grant the defendant-intervenor, Columbi...
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OPINION AND ORDER Defendant was found guilty by a jury of Counts I and III of an information charging him with selling golden eagle feathers in violation of 16 U.S.C. § 668(a). A motion in arrest of judgment and a motion for a new trial raise problems relating to the laws protecting bald and golden eagles and the effect of those laws on reservation Indians. Defendant urges that, as a member...
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OPINION ON THE MOTION BY DEFENDANTS, CHRYSLER LEASING CORPORATION and AVIS RENT-A-CAR, FOR SUMMARY JUDGMENT. A two vehicle collision on the Atlantic City Expressway provides the factual framework within which this Court must address a conflict of laws question. By *133 way of defendants’ motion for summary judgment, the issue presently before this Court for adjudication ...
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OPINION Plaintiff, Wallace Clark & Company, Inc. (“Wallace Clark”), moves (1) for *638 reconsideration and clarification of the court’s opinion of April 28, 1975, denying plaintiff’s motion for summary judgment and holding that a prior consent decree between the parties adjudicating the validity of the defendant’s patent and its infringement by plaintiff’s product, Meta-Tef 5...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was filed on April 19, 1974, by the plaintiff, the United States of America, and jurisdiction is based on 28 U.S.C. § 1345. The controversy centers around the construction of a residential subdivision on lands adjoining both sides of the Atlantic Intracoastal Waterway in Carteret County, North Carolina. The defendant Sea Gate, Inc., is t...
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ORDER This action arises from an alleged default by Defendant Harvey Estes Construction Co. (the builder) on various agreements concerning the construction of an apartment project in Oklahoma City, Oklahoma. Plaintiffs advanced funds for the construction of the project and received a note and a mortgage on the property. Defendants Harvey Estes and Suzan Estes (the individuals) executed a personal...
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MEMORANDUM AND ORDER The minor plaintiff, Donna Lynn Reiff, by her parents and natural guardians, Donald A. Reiff and Dovie I. Reiff, and minor plaintiff’s parents in their own right have brought this § 1983 civil rights action against the following defendants: Commonwealth of Pennsylvania; Pennsylvania Board of Probation and Parole; William C. Boor (Chairman), William F. Butler, Ernest R...
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MEMORANDUM AND ORDER Relator, appearing pro se, has filed this somewhat unusual petition for habeas corpus relief. Already pending before the Court is a civil action in which relator sought to commence a criminal proceeding against the individual defendants under Title 18 U.S.C. §§ 241, 242. Leave to proceed in forma pauperis was denied in this regard because of the failure of petitioner to com...
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Memorandum and Order The sole issue to be determined in these habeas corpus petitions involves a question of law, but a brief history of the facts in each petition is necessary in order to fully understand the merits of this cause of action. CALVIN SELLARS Petitioner Calvin Sellars was convicted on February 23, 1965, of robbery by firearms; the jury assessed his punishment at death and th...
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OPINION AND JUDGMENT Laurie Vagnini Kinnan has brought this action under Title VII of the Civil Rights Act of 1964 (Act), 42 U.S.C. § 2000e et seq., against the Central Telephone and Telegraph Company (Central) for unlawful sexual discrimination in connection with her employment. She alleges that Central’s policy requiring female employees to take six months maternity leave beg...
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OPINION and JUDGMENT This case is before the court for consideration on defendants’ motion to dismiss or in the alternative for summary judgment. Plaintiffs, Anna J. Raether, Joyce R. Wiseman and Evelyn H. Arnold, have filed a complaint against Eugene 0. Phillips and the U. S. Postal Service, Regional Postmaster General for the Eastern Region, defendants, alleging that defendants have institute...
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MEMORANDUM AND ORDER This matter is before the Court on motion of plaintiff Virginia Electric and Power Company to compel the production of certain documents for copying, et cetera, under Rule 34, Fed.R.Civ.P. Defendant Sun Shipbuilding and Dry Dock Company has refused to produce the documents on the grounds, inter alia, that they represent communications between attorney and client and thus are ...
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MEMORANDUM AND ORDER Defendants Charles P. Bailey, M. D. and Teruo Hirose, M. D., move for an order pursuant to Rule 12(b) Fed.R. Civ.P., dismissing the plaintiff’s complaint for failure to state a claim upon which relief can be granted. In the alternative, both defendants move pursuant to Rule 56(b) Fed.R.Civ.P. for summary judgment on the grounds that all causes of action alleged in the plain...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This habeas corpus proceeding pursuant to 28 U.S.C. § 2254 arose out of a state court conviction received by James G. Ellingburg in the Circuit Court of *773 Miller County in the early fall of 1972. Petitioner is presently in custody at the Cummins Unit of the Arkansas Department of Correction, serving a thirty-one and one-half year sentence as a result...
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*392MEMORANDUM OPINION AND ORDER The plaintiffs are Ralph Nader, Public Citizens, Inc., Federation of Homemakers, and Consumers Association of the District of Columbia. The defendants are Earl H. Butz, Secretary of Agriculture, and the Commodity Credit Corporation. This action was instituted on January 24, 1972, with the filing of plaintiffs’ complaint, which was amended on February 8, 1972. The ...
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OPINION A tragedy at sea is the subject of three damage suits in admiralty, which have been consolidated for trial. Before the Court is a motion by one of the plaintiffs for inspection of certain documents pursuant to Rule 37, Fed.R.Civ.P. Defendant responds that these documents do not “contain matters within the scope of Rule 26(b) . . . ”1 because, within the contemplation of Rule 26(b)(3), the...
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MEMORANDUM ORDER Plaintiff has brought this action for declaratory relief asking this Court to declare the power of sale clause contained in a mortgage, given by plaintiff, mortgagor, to defendant, mortgagee, and the sale conducted pursuant thereto to be invalid and void, or in the alternative, to enter a declaratory judgment adjudging and declaring that the mortgaged property which was sold is...
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MEMORANDUM OPINION AND ORDER This is an action seeking judicial review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for “black lung” benefits under Part B. of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. The matter is before the Court upon defendant’s motion to dismiss count 2 of t...
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MEMORANDUM AND ORDER The Memorandum and Order and the Judgment entered in this case on June 23, 1975 are respectively withdrawn and vacated, and the following Memorandum and Order and attached Judgment on Fewer Than All Claims is substituted therefor. This case is again before the Court on the plaintiffs’ new motions under their amended complaint for a preliminary injunction of the approval b...
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OPINION These are cross-motions for summary judgment in an action instituted by plaintiff, a shareholder in defendant Capital Cities Communications, Inc. (“Capital Cities”), pursuant to section 16(b) of the Securities Exchange Act of 1934 1 to recover on behalf of Capital Cities, the issuer, short swing profits realized by defendant James P. Arcara, a vice president of Capital ...
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OPINION Plaintiff moves, pursuant to Rule 23, Fed.R.Civ.P., for án order declaring that this action may be maintained as a class action and, pursuant to rule 56, Fed.R. Civ.P., for the entry of partial summary judgment. Defendants, American Telephone and Telegraph Company (“AT&T”), John D. deButts, Edward B. Hanify, Robert D. Lilley and William L. Lindholm, cross-move, pursuant to Rule 12...
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MEMORANDUM OPINION AND ORDER Plaintiff, by the instant action, seeks damages for alleged violations of section 2 of the Sherman Act, 15 U.S.C. § 2 (1970). According to plaintiff’s amended complaint, Goodyear has allegedly monopolized or attempted to monopolize the replacement automobile tire market. This action is sought to be maintained as a class action on behalf of plaintiff and “all other per...
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*783MEMORANDUM AND ORDER On May 31, 1974, defendant Richard Dabney was found guilty by a jury on four counts charging him with conspira-, cy and violation of the federal bank robbery statute, 18 U.S.C. §§ 371 and 2113. On March 6, 1975, this Court denied Dabney’s post-trial motions seeking, in the alternative, (1) dismissal of the indictment, (2) a new trial, or (3) arrest of judgment. Thereafter ...
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MEMORANDUM Plaintiff is a Virginia corporation and defendant is a Pennsylvania corporation. The amount in controversy is in excess of $10,000 and the Court proceeds in this case under diversity jurisdiction. Plaintiff presents an appealing case. It had the solution to its problems within its grasp but didn’t realize it until too late. In January of 1975 Security entered into a general contract fo...
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MEMORANDUM OPINION This cause is submitted on Defendant Calton’s motion for summary judgment and the affidavits of various persons made in support and in opposition to said motion for summary judgment. This cause, as finally amended, claims damages, costs and general relief against the Defendant, Fate Calton, individually and in his capacity as Judge of the Eastern District Court of ...
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ORDER FOR PARTIAL SUMMARY JUDGMENT The named plaintiff initiated this law suit as a class action against the above captioned defendants. The Complaint consists of three separate claims for relief, denominated “counts”, and based respectively on the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., The Equal Pay Act of 1963, 29 U.S.C. § 206(e); and the Labor Manag...
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ORDER GRANTING MOTION TO DISMISS On February 20, 1975, nineteen plaintiffs filed this action, naming as defendants Shaw, Hooker & Co., and Davis Skaggs & Co., both registered broker-dealers with the Securities and Exchange Commission, and two individuals who are or were registered representatives with Shaw, Hooker & Co. The complaint, as amended, is predicated upon alleged violations of c...
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This action has been submitted to the Court on cross-motions for summary judgment, pursuant to Rule 56, Fed.R. Civ.P. The parties concede that there are no genuine issues of material fact remaining and that each is entitled to judgment as a matter of law. Upon reviewing the pleadings, the affidavits and all other papers filed, the Court finds the issues in favor of the plaintiff and accordingly g...
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MEMORANDUM ORDER Plaintiff filed her complaint in this Court and bases jurisdiction on 28 U.S.C. § 1332. Defendant Chase Manhattan Bank filed a motion to dismiss, challenging this Court’s jurisdiction over diversity actions. 48 U.S.C. § 1424(a) defines the District Court of Guam as having “the jurisdiction of a district court of the United States in all causes arising under the Constitution, ...
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OPINION AND ORDER This is the third petition for a writ of habeas corpus brought in this international extradition proceeding. See 355 F.Supp. 1155 (S.D.N.Y.1973) and 362 F.Supp. 1057 (S.D.N.Y.1973), rev’d & remanded, 486 F.2d 442 (2d Cir. 1973). The remand from the Court of Appeals was occasioned by a different definition of the term “fleeing from justice” than that applied by me, there ...
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OPINION With the consent of the parties, this cause was referred to United States Magistrate Burton Perlman to sit as a special master in accordance with the provisions of Rule 53 of the Federal Rules of Civil Procedure. After the Report of the Master (doc. 65) was filed on December 5, 1974, both parties moved that this Court take action upon the report and upon certain objections thereto. Before...
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MEMORANDUM OPINION AND ORDER This is a removed, 28 U.S.C. § 1441(a), diversity action, 28 U.S.C. §§ 1332(a)(1), (c), for damages for breach of contract of the parties. The defendant moved the Court to stay the proceedings. The plaintiff objected. The following facts appear from the affidavits filed in support and in opposition to such motion to be undisputed: (1) From September, 1968 through 1970,...
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ORDER The plaintiffs are a husband and wife who are proceeding in this action in propria persona. On the 1st of May, 1975, the defendant United Bank of Arizona received a Summons requiring it to turn over to the Internal Revenue Service certain bank records, relating to the above named plaintiffs. On the 5th of May, the defendant bank notified the plaintiffs of the above referred, to Summons and ...
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DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT This action came on for trial before this Court on April 25, 1975, and the Court having considered all the pleadings and memoranda filed, the testimony given at the trial, the exhibits offered into evidence, and the arguments on behalf of the parties, makes the following findings of fact and conclusions of law: FINDINGS OF FACT...
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MEMORANDUM OF DECISION AND ORDER This is an action by the plaintiff Sierra Club against the Department of the Interior and the Secretary of the Interi- or (hereafter “the Secretary”) for declaratory and mandatory relief concerning the Secretary’s alleged failure to discharge his statutory and fiduciary duty to protect Redwood National Park from damage caused by logging operations on privately o...
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*690MEMORANDUM OPINION The question presented here is whether the benefits of an excess insurance policy are collectible when claims equal to the limits of the primary policy have been settled, or only when the primary policy limits have actually been paid. This case arises out of the receivership of McDonnell & Co. Incorporated, a securities brokerage firm. McDonnell carried a number of insuranc...
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OPINION Plaintiff, James P. D’Angelo, is the receiver of Papantla Royalties Corporation (“Papantla”), a dissolved Delaware corporation, appointed by order dated December 21, 1956, of the Court of Chancery of Delaware. He has brought an action against the defendant, Petró-leos Mexicanos, a decentralized governmental agency of the Republic of Mexico, a non-resident of the United States, for...
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OPINION AND ORDER ON MOTION FOR JUDGMENT ON FORFEITED BAIL BOND This is a motion by the United States for judgment against Bankers Fire & Casualty Insurance Company, as surety, for the unsatisfied portion of a forfeited bail bond filed in the criminal case of United States vs. James Ferguson (Augusta Division, No. 199). Bankers resists the motion and the rule to show cause. ...
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MEMORANDUM This contract action was originally filed on December 18, 1973, by plaintiffs Midland Engineering Company [hereinafter Midland], Miller Steel & Supply Company [hereinafter Miller], and the Art Mosaic & Tile Company of South Bend, Indiana [hereinafter Art]. These plaintiffs sought judgment from defendants John A. Hall Construction Company [hereinafter Hall] and United States Fid...
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MEMORANDUM OPINION AND CONTEMPT ORDER This cause came on to be heard upon the motions of the plaintiff for an adjudication that the originally named defendants herein as well as defendants Donald J. Ahlstrand, George R. Shelton, Joseph Rannikar, Harold B. Soland, George M. Champa, Norbert L. Sarazine, Peter G. Stone, Keith R. Balke, and Edward J. Vaughn, Jr., are in civil contempt of this Court...
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ORDER This is a consolidated action brought by two insurers, American Home Assurance Company (American) and United States Liability Insurance Company (United States Liability), against defendant, Harvey’s Wagon Wheel, Inc. (Harvey’s) for a declaration that the insurers are not liable for a fire loss under the business interruption policies *381 that were issued to defendant b...
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OPINION and ORDER Nature of Action This is a suit to recover federal income taxes assessed by deficiency and paid, with interest, under protest. A single question is involved, namely, whether litigation and other legal expenses incurred for the years involved were properly deductible against income as ordinary expenses in the operation of a business or whether these costs represe...
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Opinion and Order This case involves the question whether a kit of chemicals and equipment, marketed in interstate commerce by Faraday Laboratories, Inc. under the name “OVA II”, is a “drug” within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321 et seq. *661 The kit is marketed with literature indicating its use for the purpose of performing, in the home, a “prelim...
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OPINION The United States moves for summary judgment in this suit to foreclose a mortgage on certain real property in Athens, Greene County, New York. The following facts are undisputed. On November 4, 1970, the United States, acting through the Farmers Home Administration (FmHA), Department of Agriculture, loaned defendants James E. Miller and Darlene Rae Rhoades (formerly Darlene R. Mil...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action to recover damages incurred by defendant’s breach of an alleged requirements contract. It is undisputed that defendant has placed no purchase order with plaintiff. The source of the conflict between the parties is in the following language of their agreement: “1. Purchase—ITT agrees to purchase from seller and seller agrees to sell to ...
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MEMORANDUM AND ORDER This is an employment discrimination case brought by plaintiffs Elmer Dave Jones, Jr., and Frank McCracken, against defendant United Gas Improvement Corporation (UGI), based upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (Title VII), and the Civil Rights Act of 1870, 42 U. S.C. § 1981 (§ 1981). The background and procedural history of the litigatio...
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MEMORANDUM AND ORDER I. This is a contract action for goods sold and delivered. However, the action is considerably complicated by the involvement, in the transactions which are the basis of this lawsuit, of another company, which originally received the purchase order for goods sold and delivered and the factor of this latter company. Plaintiff, American East India Corporation ...
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MEMORANDUM AND OPINION This criminal action is currently before the Court as a consequence of the mandate of the Fifth Circuit Court of Appeals in its decision United States v. Makris, 483 F.2d 1082 (5th Cir. 1973). Pursuant to that decision, this Court is to ascertain, first, if it is possible to conduct at the present time a hearing for the purpose of determining nunc pro tunc the compete...
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MEMORANDUM AND ORDER This action is principally founded on 42 U.S.C. § 1983 (1970) to obtain in-junctive and declaratory relief with compensatory and punitive damages against two officials of the Rutland public school system. The cause was generated by corporal disciplinary action dealt to the plaintiff Michael Roberts who, at the age of eleven, was attending the sixth grade in the Longfe...
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MEMORANDUM-ORDER Plaintiffs herein allege that various municipal services in the District of Columbia were provided in a discriminatory manner in violation of Fifth Amendment equal protection and due process 1 and in violation of certain statutory and common law rights. 2 The complaint named as defendants various Federal and local officials, the District of Columbia,...
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MEMORANDUM OPINION The present motion before the Court is a motion to dismiss with prejudice for failure to answer interrogatories and is in reality a second such motion, the first having been denied. Unfortunately, it is necessary to detail the long and tortuous history surrounding the interrogatories and the failure of plaintiff to fully respond thereto. Defendant filed an answer on April 16, 19...
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ORDER This is an action brought by the plaintiffs claiming, in two counts, that defendants have committed fraud in connection with the sale ' of securities. Count one alleges what is essentially a violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and rule 10b-5 thereunder, 17 C.F.R. 240.10b-5. Count two alleges that the conduct of defendants constitute...
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MEMORANDUM OPINION This matter seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for “black lung” benefits under Part B of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. As the provisions of 30 U.S.C. § 923(b) provide that review procedures sho...
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OPINION This is one of four actions commenced by Carlo Bordoni against various publications charging that he was falsely *1225 libelled by news articles concerning the affairs of the Franklin National Bank (“Bank”), which, among other matters, described the circumstances of plaintiff’s resignation as a director of Franklin New York Corporation (“Franklin”), the Bank’s parent....
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OPINION This is another of four libel actions commenced by plaintiff based upon articles concerning the affairs of the Franklin National Bank (“Bank”), which refer to plaintiff’s relationship to, and resignation as a director of, the Franklin New York Corporation (“Franklin”), the Bank’s parent. The defendants in this case are the Washington Post Company, B. C. Bradlee, its Executive Editor, and J...
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OPINION This is another of four actions in which plaintiff challenges as libelous articles concerning the affairs of Franklin National Bank (“Bank”), which refer to plaintiff’s relationship to, and resignation as a director of, the Franklin New York Corporation (“Franklin”), the Bank’s parent. The defendants in this case are Twin Coast Newspapers, Inc., publisher of the Journal of Commerce (“Journ...
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OPINION AND ORDER Rare Earth, Inc., is not, as one might surmise, an organization dedicated to environmental activism or the preservation of our natural resources. Rather, it is the corporate entity formed by a group of rock and roll musicians who publicly perform as “RARE EARTH”. From this group “comes the dissonant chord” 1 of an intracorporate battle for control resulting fr...
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MEMORANDUM OPINION AND ORDER Plaintiff, Mrs. Ruby Cozad, is a female American Indian currently employed by the United States Public Health Service, Health Services Administration, in the Oklahoma City, Oklahoma, Area Indian Health Service. In 1971, a continuing education program was proposed and effected for federally employed Indians with baccalaureate degrees. The proposal, funded by the Office ...
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MEMORANDUM AND ORDER Plaintiff, Transport Indemnity Company (Transport), filed this action seeking a declaratory judgment that the comprehensive automobile liability insurance policy issued by defendant, Liberty Mutual Insurance Company (Liberty) to Marty’s Express Company (Marty’s) covered the injury suffered on November 2, 1967, by David Rispo, an employee of Marty’s. Defendant admits that “[o]...
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Memorandum and Order: Petitioner Panda Weeks was convicted in state court of possession of heroin; her punishment was assessed by the jury at 30 years. She did not appeal her conviction. Petitioner filed a habeas corpus petition in the state trial court asserting illegal search and seizure and a violation of due process in the admission into evidence of the fruits of the search. The writ was den...
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OPINION AND ORDER This civil rights suit is before the Court once again on the Defendants’ renewed Motion to Dismiss, which is aimed at the Plaintiff’s first amended complaint. The amendment was filed pursuant to this Court’s suggestion contained in a previous opinion and order reported at 383 F.Supp. 365 (N.D.Tex. 1974). After reviewing the amended complaint, the renewed Motion to Dismiss, a...
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OPINION AND ORDER The plaintiff, the Denver and Rio Grande Western Railroad Company, seeks review of an arbitration award granted by Public Law Board No. 862 under the Railway Labor Act, 45 U.S.C. § 153, Second, in favor of H. B. Black-ett, one of its employees, and the United Transportation Union (Switchmen), both of whom are the original defendants in this action. The defendants counter...
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MEMORANDUM OPINION This is an action for copyright infringement arising out of the publication of a poem 1 (herein referred to as “Desiderata”) by defendant in the August, 1971, issue of Success Unlimited Magazine. The ease has been submitted to the Court for decision on affidavits, depositions, exhibits, and memoranda. The following shall constitute the findings of fact and conclusions of ...
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This suit, an action under general maritime law for wrongful death, was brought as a result of a collision between a small “bateau” boat in which the decedent Dewayne Toney was riding and an anchor barge owned by the United States Army Corps of Engineers, which occurred on the Mississippi River on January 15, 1974. Jurisdiction was founded upon the Constitution and laws of the United States, pa...
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MEMORANDUM AND ORDER This complaint seeks injunctive relief and damages by reason of a restriction imposed upon the plaintiff Sokol by the defendants with respect to the practice by the plaintiff of cardiac surgery at the University Hospital (the Hospital). In particular, the plaintiff alleges that this restriction was the result of a conspiracy on the part of the defendant Berger to retain all...
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OPINION AND ORDER This is an action in which plaintiff seeks actual and exemplary damages stemming from an alleged trespass on plaintiff’s real property. The plaintiff Henrietta Wippert is the beneficial owner of about 75 acres of land located on the Blackfeet Indian Reservation in Montana by virtue of a deed which conveyed the land to the United States in trust for her. The land was...
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OPINION AND RULING Ceramic Coating Company (“Ceramic”), the defendant, has moved to dismiss this action pursuant to Rule 12(b) of the F.R.C.P. for lack of jurisdiction. The motion is granted. FACTS The plaintiff, Acme Engineering, Inc. (“Acme”), a New Hampshire corporation, having its principal place of business at 180 Revere Avenue, Manchester, New Hampshire, brought suit against Ceramic, a Kent...
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MEMORANDUM On this motion to vacate the attachment the necessary effect of accepting *1055 the ground for a vacatur would be a dismissal of the suit for lack of jurisdiction by reason of absence of diversity of citizenship and absence of any federal question. The suit complains of defendant’s acts and transactions which occurred in France during the employment...
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ORDER The above-named petitioner is confined in the Federal Reformatory at El Reno, Oklahoma, by virtue of the judgment and sentence of the United States District Court for the Eastern District of Oklahoma in Case No. 27888, 400 F.Supp. 39. After a trial by jury he was convicted of the offense of bank robbery and on April 16, 1971 sentenced by the late Judge Edwin Langley to imprisonment for a per...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiffs Wayne M. Allen, David R. Gibson, Norman L. Jones, Richard C. Luton, II, and Peter R. Pendleton were at the time of the filing of this action enlisted members of the United States Navy assigned to the USS Hancock (CVA-19). *1084 2. Prior to March 9, 1973, plaintiff Wayne Allen and Michael Ferner (anot...
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MEMORANDUM OPINION I. INTRODUCTION James W. McCord, Jr., the plaintiff in this action, was arrested on June 17, 1972 in the course of the now-infamous break-in at the offices of the Democratic National Committee (DNC) in the Watergate Office Building in Washington, D.C. McCord was convicted on January 30, 1973 for various offenses arising out of the break-in. 1 The conviction was affirmed i...
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MEMORANDUM OPINION The defendants, Bernard L. Monroe, Janice McNair and Robert L. Brooks, have been named in a three-count indictment charging them with forgery and uttering of a U. S. Treasury check, 18 U.S.Code, § 495 and possession of stolen mail matter, 18 U.S.Code § 1708. On the day of their arrest and prior to presentment before a magistrate, each *728 defendant gave a ...
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OPINION AND ORDER Plaintiff, the National Industrial Traffic League, is a voluntary, unincorporated association of shippers and organizations of shippers located throughout the United States. The plaintiff seeks to enjoin and set aside an order of the Interstate Commerce Commission (ICC) which modified certain credit regulations applicable to household goods carriers. Payment o...
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OPINION AND ORDER ON PLAINTIFF’S MOTION FOR CLASS DETERMINATION This matter is presently before the Court on the plaintiff’s motion for class determination pursuant to Rule 23(c) (1) F.R.C.P. After full consideration of the extensive briefs and substantial eviden-tiary record, the Court has determined for a number of reasons that the pending motion must be denied. In accordance with Eisen v. Carl...
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These suits, which have been consolidated for the purpose of this ruling, *16originally sought a temporary restraining order and thereafter a preliminary and permanent injunction against the United States of America, through the Atomic Nuclear Regulatory Commission, ordering that Commission to permit the plaintiffs to film, tape, and otherwise record hearings being held by the Commission, through ...
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The plaintiff, Mr. T. C. Morrow, was indebted to the defendant, American Bank & Trust Company (the Bank), in the sum of $2,492,552.30. This indebtedness was represented by three promissory notes executed by Morrow in favor of the Bank, and was secured by the pledge by Morrow to the Bank of certain shares of stock of the Continental Bank of Houston, Texas and the Planter’s Bank & Trust Co. of Op...
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OPINION The Secretary of Labor brought this action against the defendants to enjoin them from violating the minimum wage, overtime and record keeping provisions of the Fair Standards Act, as amended, 29 U.S.C. 201 et seq. (hereinafter referred to as the Act), and to restrain defendants from withholding minimum wages and overtime compensation due the defendants’ employees since ...
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OPINION This matter is before the Court on a complaint alleging that a regulation of *123 the Department of Interior banning nude bathing at the Cape Cod National Seashore is invalid. As originally filed the complaint sought both injunctive and declaratory relief; plaintiffs have now waived their claim for an injunction and seek only a declaration. The parties have stipulated to much of the f...
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MEMORANDUM AND ORDER The pertinent facts culminating in this suit are brief, On June 1st, 1968, plaintiff Donald Burk and defendant Gulf Oil Corporation [Gulf] executed several agreements whereby plaintiff contracted to serve as a branded distributor of Gulf products in Missoula, Montana. Pursuant to these agreements Gulf installed certain equipment at plaintiff’s station, including a cre...
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MEMORANDUM AND ORDER Defendants have moved pursuant to Rules 34 and 37, Fed.R.Civ.P. to compel the production of certain documents. This action was commenced on April 1, 1974 and purports to be on behalf of a class of persons who purchased one and one-half million shares of common stock of defendant Union Corp. between April 26 and May 4, 1971. Plaintiff alleges that prior to and on April 26, 197...
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FINAL ORDER (SWANN SONG) On July 10, 1974, defendants filed a report covering certain changes in the proposed 1974-75 pupil assignment plan, and requested the court to dismiss the suit. On July 30, 1974, the court entered an order approving the revised plan under specified conditions, and expressing appreciation to the Board, the Citizens Advisory Group and the school staff people and others who h...
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MEMORANDUM AND ORDER Plaintiff Posttape Associates, a limited partnership formed to produce a documentary film, filed this diversity action against defendant Eastman Kodak *326Company, a manufacturer and seller of photographic film. Plaintiff alleged that (1) to produce a documentary film, plaintiff purchased Ektachrome Commercial film manufactured and sold by defendant, (2) plaintiff used the fi...
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*404 MEMORANDUM OPINION and ORDER Plaintiff has filed this suit challenging the final decision of the Secretary of Health, Education, and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b) which incorporates § 205(g) of the Social Sec...
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MEMORANDUM ORDER This civil action is commenced under Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185 (1970). Plaintiffs are Local Union No. 1638, United Mine Workers of America, Richard Truex, and District 6, United Mine Workers of America. The primary purpose of this civil action is to compel submission of an existing dispute between the parties to binding...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on motion by defendant for summary judgment on the amended complaint, and on motions by.both parties for summary judgment on defendant’s amended counterclaim. This is an action for recovery of commissions arising out of a written agreement. Jurisdiction is based on diversity of citizenship. Plaintiff is a citizen of Illinois and ...
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OPINION James M. Morrissey (“Morrissey”), a member of the National Maritime Union of America (“the Union”), brought this action in June, 1972, alleging violations of his rights under 29 U.S.C. § *663 411(a)(2) and (5) (hereinafter referred to as the Landrum-Griffin Act), and malicious prosecution, on the part of certain Union officers and employees and the Union itself. After a four day trial...
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MEMORANDUM AND ORDER This matter is before us on appeal from Bankruptcy Judge Herzog’s order dismissing without prejudice the. complaint in these two adversary proceedings. Plaintiff Bankers Trust—a creditor of the two bankrupt-defendants—instituted these actions pursuant to Bankruptcy Rule 701(7) for a determination that an alleged contingent liability is a non-dischargeable debt. The facts, inso...
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MEMORANDUM AND ORDER Defendant Jones was indicted with others under 18 U.S.C. §§ 2113(a), 2113(d) and 371 for robbing a bank by force and violence, for putting human life in jeopardy by the use of a dangerous weapon in committing the bank robbery, and for conspiring to commit the bank robbery (68 CR 418). He was convicted on all three counts and on May 9, 1969, was sentenced to serve 20 years on C...
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MEMORANDUM In this suit for specific performance of a contract, Copylease Corporation of America (Copylease) moves for preliminary relief requiring Memorex Corporation (Memorex) to perform the terms of the agreement. Copylease complains that Memorex refuses to sell to it except at prices higher and quantities less than it is entitled to under their agreement of April 4, 1974. Memorex defend...
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This is a petition for a writ of habeas corpus by a state prisoner challenging the validity of his custody pursuant to a December 1973 conviction and sentence of first degree manslaughter in the death of his wife. Petitioner, who testified in his own defense at trial, contends that the prosecutor’s summation to the jury improperly commented on the petitioner’s constitutional right to remain silent...
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Memorandum of Decision and Order The undersigned denied defendant’s motion to dismiss the indictment on jurisdictional grounds on the authority of Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886), and Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952). The only point raised on appeal was the jurisdictional claim. In directing the remand, the Second Circuit Co...
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MEMORANDUM and ORDER The petitioner seeks habeas corpus on the ground of the failure of the prosecution to disclose the name of an informer allegedly present at the two sales of heroin for which petitioner was indicted and convicted, and on the ground of the failure of the trial judge to compel disclosure of the informer’s name. The petition is very nearly a copy of the statement of the facts a...
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ORDER DENYING PRELIMINARY INJUNCTION This cause came on for hearing by the Court on July 8, 1975, in Winston-Salem, North Carolina, on plaintiff’s Motion for Preliminary Injunction and defendants’ Motion for Partial Judgment on the Pleadings. The parties were notified that the Court would treat defendants’ Motion for Partial Judgment on the Pleadings as to Claims numbered 1, 2, 4, 5, 6, 7...
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MEMORANDUM John Taras brought this civil action against the Trustees of the Penn Central Transportation Company claiming damages for personal injuries sustained on February 7, 1971 on or about Pier 40 in Philadelphia, Pa. He pleads a cause of action under the Federal Employers’ Liability Act (FELA), (45 U.S.C. §§ 51-60) alleging that at the time of his injury he was employed by the defend...
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MEMORANDUM AND ORDER Plaintiff brought this action seeking a declaratory judgment1 that it has no obligation or liability to the defendant, Vernon A. Steitz, under an automobile liability insurance policy in connection with an accident on February 9, 1972 involving the defendant Steitz. A lawsuit is pending in Delaware County against the defendant Steitz in connection with said automobile accident...
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MEMORANDUM ORDER This is an action brought for judicial review of the final decision of the Secretary of Health,. Education and Welfare denying plaintiff’s claim as a living miner for “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S. C. § 901 et seq. The matter is before the Court on defendant’s motion for reconsideration of this Court’...
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MEMORANDUM ORDER In their complaint filed in this Court on January 13, 1971, the Plaintiff’s seek an award of back pay based upon alleged violations of Title VII of the Civil *194 Rights Act of 1964. Plaintiffs contend that the award should include back pay from 1965 to the time of the filing of their complaint. In a series of Motions to dismiss allegations of the compla...
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DECISION AND ORDER On April 23, 1975, plaintiff Darrel C. Nottelson filed a complaint in federal court seeking temporary or preliminary injunctive relief pending final disposition of certain charges of religious discrimination before the Equal Employment Opportunity Commission (hereinafter “EEOC”). Jurisdiction is premised upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ...
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This is an action to review, enjoin, annul and set aside an order of the Interstate Commerce Commission granting the intervening defendant a certificate of public convenience and necessity authorizing it to transport frozen foods from certain points in Arkansas to other points in eastern, southern and mid-western states and the District of Columbia, subject to certain conditions. Jurisdiction was ...
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OPINION FACTS This dispute arises from defendant Sterling Drug, Inc.’s (“Sterling”) motion to transfer this litigation, pursuant to 28 U.S.C. § 1404(a), 1 to the Eastern District of Pennsylvania. Before reaching the legal issues raised by plaintiff SmithKline Corporation’s (“SmithKline”) opposition to Sterling’s motion, it is necessary to briefly describe the facts which s...
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MEMORANDUM AND ORDER At issue in this declaratory judgment action between heirs of two deceased lawyers and other lawyers is the interpretation of a contract between the two groups of lawyers providing for sharing of attorneys’ fees following successful prosecution of claims before the Indian Claims Commission. Diversity of citizenship and requisite amount in controversy establish jurisdiction. Th...
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FINDINGS AND OPINION On November 22, 1974, the United States Air Force (USAF) announced a decision to accomplish a troop and civilian deployment transferring various units to Scott Air Force Base, Illinois (Scott). Included in this decision were the transfer of the Headquarters, Air Force Communications Service (AFCS) from Richards-Gebaur Air Force Base, Missouri (RGAFB) to Scott so that ...
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The Panel previously transferred several actions in this litigation to the Western District of Missouri and, with the consent of that court, assigned them to the Honorable John W. Oliver for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407.1 Foremóst-McKesson, Inc. (Foremost), plaintiff in the above-captioned action, alleges that Associated Milk Producers, Inc. (AMPI) ...
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OPINION This longshoreman’s personal injury action was tried to a jury, resulting in a verdict for plaintiff in the amount of $50,000 based upon an unseaworthy condition on defendant Nederland’s vessel, the NEDER WESER. The jury further found in effect that it was negligence on the part of third-party defendants Universal Terminal & Stevedoring Corp. and GTE International, Inc. which actu...
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OPINION DECISION OF THE COURT THE COURT: The plaintiff sues to enjoin the attempted termination as of June 30, 1975 by defendant of an allegedly subsisting contract to operate and manage the food and beverage facilities of the Old Swiss House located in Busch Gardens, Tampa, Florida owned by the defendant and claimed to be a unique tourist attraction. The restraint sought is for the duration ...
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MEMORANDUM OPINION AND ORDER In compliance with a Judgment and Order of Foreclosure entered by this Court on November 14, 1973, the United States Marshal sold the subject premises at a public auction on June 20, 1975. The highest bid received at said sale was in the amount of $70,001.00, made by Anthony Ayer. Plaintiff Bank of Nova Scotia has moved this Court *82pursuant to Rule 7(b)(1) of the Fed...
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Plaintiff seeks to recover crude oil seized on board three tankers. The oil was extracted from the seabed of the Arabian Gulf at a point located nine miles off the coast of the Island of Abu Musa. These consolidated cases represent only a small portion of the pending litigation arising out of the same set of facts. As of May 9, 1975, there were approximately 58 separate actions: 23 in the ...
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MEMORANDUM AND ORDER This case presents the claim of a student that he was denied due process in connection with his expulsion from Northwest Missouri State University (NMSU). Plaintiff seeks to permanently enjoin the defendant Board of Regents and other officials of NMSU from enforcing their decision to expel him, and, presumably prays for an injunction reinstating him in the university....
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MEMORANDUM AND ORDER Defendant—a resident of Greece-—has moved to dismiss the complaint in this action by Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) to recover the debit balance in defendant’s commodities account with Merrill Lynch on the ground that the Court lacks personal jurisdiction over him. Merrill Lynch has cross-moved to stay the action and compel arbitr...
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OPINION I On May 19, 1975, oral argument was heard on various motions brought on and then pending in this action. It was agreed at that time that early resolution of three of the apparent plethora of problems contributing to a pretrial imbroglio would aid significantly in prompt and orderly discovery among the parties. Accordingly the three critical issues—(1) whether the National Basketball Asso...
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MEMORANDUM As revealed by the progress of this trial to date, and particularly by the examinations of Dr. Eckert and Mr. McDonald, there appears to exist a serious problem with respect to the productivity of the depositions taken in this case. Stated slightly differently, the problem concerns the degree to which the parties *316have adhered to the basic purposes and functions of a deposition — dis...
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MEMORANDUM Defendant Metromedia, Inc. has moved for summary judgment. Plaintiff Kingsrow has cross-moved for partial summary judgment. Both motions will be denied. For purposes of this decision it is sufficient to recount that plaintiff claims that its copyrights to 26 one-hour episodes of “The Judy Garland Show” have been infringed by defendant. Defendant asserts (and predicates its motion f...
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MEMORANDUM OPINION Presently before the Court is the motion of defendant Johnnie Fluellen for judgment of acquittal and/or for a new trial. Defendant Fluellen was charged in Count IV of a four-count indictment with conspiracy to distribute drugs, in violation of 21 U.S.C. § 841. His codefendant, Leroy Lewis, was also singly charged in the other three counts of the indictment with specific sales...
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OPINION Plaintiffs 1 bring this action against the United States, the General Services Administration (“GSA”), and Arthur F. Sampson, the Administrator of GSA (sometimes hereinafter collectively referred to as “GSA”), for declaratory and injunctive relief. Plaintiffs contend that GSA, as the federal agency empowered to dispose of “surplus” government property, proposes to dispo...
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*66MEMORANDUM Before this Court for consideration is a motion by defendant to dismiss plaintiffs’ amended complaint.1 The amended complaint requests declaratory and injunctive relief and damages based on 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, Chapters 1 and 5 of Title 10 of the Virgin Islands Code, 28 U.S.C. §§ 2201 and 2202, and Rule 57 of the Federal Rules of Civil Procedure. Plaintiffs ha...
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DECISION and ORDER There are three motions now before this court. The defendants have moved to dismiss on the ground that the plaintiff does not have standing to bring this action. The defendants have also moved for the convening of a three-judge court in the event their motion to dismiss is denied. The plaintiff has moved for a temporary restraining order, asserting that the state of Wisconsin i...
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MEMORANDUM AND ORDER Trial was held in this civil action for refund of income tax payments in Jonesboro, Arkansas on July 6, 7 and 8, 1974. The case was submitted to the jury on special interrogatories, all of which were answered favorably to the plaintiff taxpayers. Still pending are a number of motions made at trial. The motions are these: Government’s motion for directed verdict on the deductib...
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MEMORANDUM AND ORDER Plaintiffs in this action include an organizational sponsor and six Chinese aliens who have been denied conditional entry as refugees under 8 U.S.C. § *1251 1153(a)(7) (1970). 1 The individual plaintiffs all fled from mainland China to Hong Kong between 1949 and 1956 and, with one exception, have remained in Hong Kong since their arrival. They ...
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RULING ON DEFENDANT’S MOTION TO DISMISS Plaintiff David Craig brings this action on behalf of himself and all others similarly situated, charging that the defendant, Eastern Airlines, has and continues to limit the employment and promotional opportunities of blacks on the basis of their race. The action is brought pursuant to 42 U.S.C. § 2000e et seq. (Supp. II, 1972) (hereinafter Title VII), 42 U...
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ORDER This 42 U.S.C. § 1983 action is before the court on the plaintiff’s motion to *968 compel his production at trial and also to compel the production of a witness in his behalf. The cause of action in this suit arises from a time when the plaintiff was incarcerated in the Jackson County Correctional Institution and is one for which he seeks some $750,000 in monetary damages for the allege...
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MEMORANDUM OPINION This matter came on for trial on March 17, 1975. The Court, having considered the evidence and the arguments of counsel, makes the following findings of fact and conclusions of law: I. Findings of Fact. 1. At all times material hereto, the defendant City of Iowa City (City) has been engaged in an urban renewal project under the auspices of the United States De...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, Gordon A. Void, filed a complaint against the defendant, Marathon Oil Company, on February 21, 1975 seeking to have enjoined the actions and practices of the defendant varying and changing the terms of plaintiff’s credit on purchases of petroleum products for sale at retail, and also for varying and changing the method of rent payments and...
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OPINION This is an appeal, pursuant to Rule 801 et seq. of the Rules of Bankruptcy Procedure, from the decision of the Bankruptcy Judge limiting appellant Rhedom Realty Corporation (“Rhedom”) to one proof of claim rather than two in the consolidated proceedings in bankruptcy under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (“the Act”), concerning Mammoth Mart, Inc. and its su...
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MEMORANDUM This memorandum is issued in support of the order filed July 3, 1975, dismissing the action with prejudice. This action is before the Court upon the separate motions of the defendants to dismiss. Plaintiffs Construction Industry Combined Committee (“CICC”) and J. S. Al-berici Construction Co., Inc. (“Alberi-ci”) sought to prevent enforcement of a consent decree entered January 20, 1975,...
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OPINION Plaintiffs Brooks and Jones are residents of Westchester County whose property was stored by defendant Flagg Brothers, Inc. following their evictions by the Mount Vernon Marshal in 1973. 1 On their own behalf and that of a proposed class of “persons whose property is stored in a warehouse located in the State of New York and whose property has been encumbered by a lien ...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s Motion for a New Trial after a jury verdict of guilty on five counts of a five-count indictment. The indictment charged the defendant in each count with the possession of a check which had been stolen from the United States mail.1 The defendant, in his Motion for a New Trial, asserts that the Court erred in not suppressing ...
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MEMORANDUM AND ORDER This case presents the question of whether the United States Bureau of Prisons may classify a prisoner as a “Special Offender” or “Special Case” without first providing him with a hearing consistent with the due process requirements of the Fifth Amendment. Petitioner, an inmate at the United States Penitentiary at Lewisburg, Penn-, sylvania, contends that for reasons unknow...
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MEMORANDUM OPINION The above-captioned case was tried to the Court on December 10 and 11, 1974, in Rapid City, South Dakota. The plaintiff, Black Hills Packing Company, a South Dakota corporation, brought this action against the various defendants, alleging that various defendants had violated the plaintiff’s constitutional rights as prohibited by 42 U.S.C. § 1982. The jurisdiction of thi...
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ORDER The above-styled cause was heard on June 27, 1975, on some twenty-seven motions of the plaintiff and various additional defendants on the counterclaims (ADOCs) to dismiss the counterclaims filed by the defendant unions in this action. Said motions are individually listed as items 3 through 29 on the Court’s notice of hearing on motions, which notice is attached hereto as Appendix “A”. The i...
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OPINION This appeal from an order of the bankruptcy court presents the question whether Rule 13-307(d) of the Bankruptcy Rules (prescribed pursuant to 28 U.S.C. § 2075 and which became effective on October 1, 1973) modifies a substantive right in violation of 28 U.S.C. § 2075 1 and is, therefore, of no legal effect. Meek v. Centre County Banking *1354Co., 268 U.S. 426, 45 S.Ct. 560, 69 L.Ed. 1028...
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MEMORANDUM OPINION On 24 June 1975 the court heard the plaintiff’s Motion for Preliminary Injunction filed herein on 17 June 1975 and the defendants’ Motion to Dismiss filed herein on 2 June 1975 as amended on 10 June 1975. The plaintiff sought a preliminary injunction to prevent the defendants from accelerating the amount due on a purchase money promissory note given by the plaintif...
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ORDER This is an action for a preliminary and permanent injunction to restrain the defendants from relocating the main branch of the Atlanta Postal Service and for a declaratory judgment. Jurisdiction is predicated on 28 U.S.C. § 1339, 39 U.S.C. § 409 and 5 U.S.C. §§ 701-706. Presently pending is the defendants’ motion to dismiss the complaint for lack of jurisdiction over the subject matter an...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS The Attorney General of the United States instituted this action against the School District of Ferndale, Michigan, and various Ferndale School District officials (Local defendants) and the State of Michigan, Michigan State Board of Education, and several state officers (State defendants), alleging, in essence, that the defendants ...
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MEMORANDUM AND ORDER APPROVING CLAIM RECOMMENDATIONS, PLAN OF DISTRIBUTION AND AWARD OF ATTORNEYS’ FEES AND COSTS On May 2, 1975, a hearing was held before this Court pursuant to Class Action Order No. 75-39 for the purpose of considering the validity and propriety of all claims filed against the settlement fund in this action and the proposed plan of distribution, including the award of attorney...
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OPINION On August 9, 1970 Joseph Kozikowski, Sr., while operating a Volkswagen automobile on the Walt Whitman Bridge between the states of Pennsylvania and New Jersey, became involved in a head-on collision with one William Dix. Lucie Kozikowski and her three minor children were passengers in her husband’s automobile at the time of the accident. Joseph Kozikowski, Sr. instituted suit...
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MEMORANDUM AND ORDER William A. Spero, petitioner in this habeas corpus action, pleaded guilty in state court to Forgery in the second degree and attempted grand larceny in the third degree. As a result, he was placed *598 on probation for a period of five years, beginning in December 1972. Thereafter, on April 2, 1974 petitioner was charged with violating the terms and condi...
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MEMORANDUM AND ORDER This matter is before the Court upon defendant Ford Motor Company’s mo *1272 tion for summary judgment. The Court has the benefit of the briefs of the parties and of an agreed statement of facts. The questions presented are whether Ohio law, which the parties agree governs in this diversity action, imposes a duty of safe design upon the manufacturers of a...
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OPINION AND ORDER This action was filed by the Attorney General against the International Union of Elevator Constructors, Local Union No. 5, alleging that the local union has engaged in a pattern or practice of resistance to the full enjoyment of the employment rights guaranteed by Title VII of the Civil Rights Act of 1964 and has interfered with the implementation of Executive Order No. ...
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OPINION Sitting by Designation. Introduction This litigation results from a collision between two ships, the R/V Fathom II (“Fathom”) and the M/T Gavrion (“Gavrion”), early in the morning of October 16, 1972, in the Atlantic Ocean at the mouth of the St. Johns River at Jacksonville, Florida. The Fathom was a research vessel converted from a mine sweeper, about 230 gross tons and...
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DECISION Plaintiffs are certified civil service employees of four different State of Illinois institutions and have filed a complaint alleging that they have been laid off without due process. They complain that the ultimate review of the propriety of their layoffs is made by the defendant who had authorized the layoffs originally. Without citing Illinois Department of Personnel Rule 2-596, *406pl...
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DECISION ON MOTION TO QUASH SERVICE OF SUMMONS Defendant has filed a motion to quash service of summons on the ground, inter alia, that it is.not properly subject to jurisdiction in this action. This motion activates the first and second affirmative defenses of defendant’s answer to the complaint. We find and conclude that the defendant’s motion is well-founded and that jurisdiction has not been ...
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MEMORANDUM OPINION AND ORDER This cause comes before the court on plaintiff's motion for summary judgment. The action is brought by Searle Analytic Inc. (“Searle”) against Ohio-Nuclear, Inc. (“Ohio”) to recover royalties allegedly due Searle pursuant to a patent licensing contract. Ohio defends on grounds that two contractual provisions of the licensing agreement relieved it from any obligation...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-styled case was tried to the Court without a jury and is an action brought by the United States to collect a penalty, pursuant to 33 U.S.C. § 1161(b)(5), which had been assessed administratively by the Coast Guard, and to recover costs of $763.50 which it paid for the removal of oil from the Ohio River. On September 12, 1972, the Motor Vessel ...
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OPINION Astrosystems, Inc. (“ASI”) an unsecured creditor in the bankruptcy of H. Rudolf Zeidler (“Zeidler”) appeals from a decision and order dated November 21, 1974 of the Hon. Boris Radoyevich, a Bankruptcy Judge of this Court, refusing to vacate an earlier designation of the law firm of Greenspan & Aurnou as special counsel to the Trustee in Bankruptcy. ASI argued below and again here that t...
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MEMORANDUM AND ORDER This matter comes before the Court on the application of the Securities and Exchange Commission (“Commission” or “SEC”) for an order pursuant to Section 22(b) of the Securities Act of 1933, 15 U.S.C. § 77v(b), and Section 21(c) of the Securities Exchange Act of 1934, 15 U.S.C. § 78u(c), directing Dr. Manuel Kaplan to appear and to testify pursuant to a subpoena ...
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OPINION Plaintiffs have brought this action seeking declaratory and injunctive relief against enforcement of Section 6811(8) of the New York State Education Law, McKinney’s Consol.Laws, e. 16, insofar as that section applies to non-prescription contraceptives. 1 Plaintiffs claim that as applied to the aforesaid items, the statute violates the First, Fifth, Ninth, and Fourteenth ...
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MEMORANDUM OPINION AND ORDER Pretrial discovery in Philadelphia Resistance v. Mitchell, 1 Civil Action 71-1738 (E.D.Pa.1971), disclosed that during the course of warrantless electronic surveillance of persons not parties to the present action, conversations of the present plaintiffs were overheard. The instant case was filed April 1, 1974 charging William Saxbe, individually, and as...
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OPINION AND JUDGMENT Wanda G. Marshall, a tenured teacher in the Patrick County School System, has brought this action for reinstatement, back pay, and compensatory damages in connection with her termination of em *202 ployment as a teacher by the Patrick County School Board. She claims that her dismissal violated “the 1964 Civil Rights Act, 42 U.S.C. Sec. 1983 et seq., the Equal Protection...
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ORDER Plaintiff brought this action in rem, against the IRENE and in personam against Marks to enforce a preferred ship mortgage. The vessel, pursuant to an order of this Court, is under arrest in accordance with Fed.R.Civ.P. Supplemental Rule E(4)(b). No answer or claim of ownership has been filed. Peerless Insurance Company, surety on a bond given to secure release of the IRENE when it ...
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OPINION AND ORDER This is an appeal from an order entered herein on January 15, 1975 by the *501 Honorable Leonard Bessman, Bankruptcy Judge. The facts set forth in the following section of this opinion, under the heading “Facts,” are not all to be found in the record on appeal, and I have been unable to find some of them in the full record of this bankruptcy proceeding. However, to the exten...
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MEMORANDUM OPINION AND ORDER We took under submission on May 7, 1975, the plaintiffs’ motion for summary judgment declaring them entitled to the sum of $10,000.00 representing part of the proceeds of their compromise settlement of their claims against the defendant, Ford Motor Company. The fund in controversy was initially deposited in the registry of the Court and subsequently, by agreem...
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OPINION These are motions to suppress evidence made by defendants Simpson, Bryant and Best, pursuant to Fed.R. Crim.P. 41; in addition, Simpson moves for a hearing with respect thereto. Defendants are charged in a two-count indictment with conspiracy and with an attempt to rob a federally insured bank, in violation of 18 U.S.C. §§ 2113(a), 371 and 2. Defendants seek to suppress three items: (1) a ...
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MEMORANDUM The plaintiff’s claim in Count I arises under §§ 4 and 16 of the Clayton Act (15 U.S.C. §§15 and 26) for violations of §§ 1 and 2 of the Sherman Act (15 U.S.C. §§ 1 and 2) and of § 7 of the Clayton Act (15 U.S.C. § 18). The court has jurisdiction based upon the aforementioned Sections of the Clayton Act and 28 U.S.C. § 1337. The cause of action arose in the Eastern Judicial Dis...
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MEMORANDUM The defendant, WHP, Inc., pursuant to Rule 12 of the Federal Rules of Civil Procedure has moved the court to dismiss this action with prejudice or, alternatively, to dismiss without prejudice to its reinstitution upon the final conclusion of the proceedings now pending before the Federal Communications Commission and which involves the other defendant, CBS, Inc., relying upon t...
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MEMORANDUM The defendant, WHP, Inc., has filed a motion to stay discovery or in the alternative, to limit discovery, adopting the argument of the other defendant CBS in a similar motion to stay discovery, which has already been denied by the court on June 18, 1975. The present motion must be denied for reasons including those given in the court’s memorandum accompanying the order denying the CBS ...
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OPINION AND ORDER On May 1, 1974, plaintiffs brought this class action on behalf of themselves and all other Eastern Air Lines, Inc. employees similarly situated, namely, all former employees of Caribbean Atlantic Airlines, Inc. who became employees of Eastern Air Lines, Inc. by virtue of the acquisition order of the Civil Aeronautics Board approving the acquisition of Caribbean Atlantic ...
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MEMORANDUM Billy Ray Lee, along with five other persons, is charged in a one-count indictment with unlawfully, willfully and knowingly conducting an illegal gam*269bling business involving sports bookmaking, in violation of the laws of Tennessee, and that the said gambling business involved five or more persons who conducted, financed, managed, supervised, directed, and owned all or a part of said...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 16, 1975, the plaintiff, United States Pipe and Foundry Company (U. S. Pipe) brought this action against the International Union, United Mine Workers of America (UMWA) and its Local Union Number 1928 (Local 1928). These two defendants represent, for collective bargaining purposes, U. S. Pipe’s employees at its No. 3 mine located near Adger, Alabama...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW After hearing of this matter, non-jury, the court makes the following: FINDINGS OF FACT 1. Plaintiff brings suit under the Civil Rights Act of 1866, 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., seeking injunctive, declaratory and monetary (back pay) relief. The complaint alleges...
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MEMORANDUM OPINION The plaintiff, Mamie L. Gilchrist, brings this action pursuant to the provisions of Section 1631(c)(3) of the Social Security Act, 42 U.S.C. § 1383(c) (3), seeking review by this court of a final adverse decision of the Secretary of Health, Education and Welfare, denying her application for Supplemental Security Income (SSI) disability benefits as provided by Section 1602 of the...
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RULING ON MOTION TO REDUCE SENTENCE On November 4, 1974, this court sentenced the defendant to a two-year prison term for violation of 18 U.S.C. § 2113(c) (1970), possession of stolen bank funds. He was incarcerated at the Federal Correctional Institution at Danbury where, on February 21, 1975, he was provided a hearing before the United States Board of Parole (hereinafter “Board”). The Board d...
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OPINION AND ORDER Issues presented by defendant Nigerian Gulf Oil Company’s motion for summary judgment in this tort action under general maritime law brought on the “law side” of the District Court 1 are: 1) Whether a rigger-employee of an independent contractor who owned a derrick barge operating in navigable waters can maintain a maritime tort action against the party with w...
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*622 ORDER This matter is before the court on the resisted motions to dismiss filed by defendant Allan Shook on May 20, 1975, and by defendant H & M Construction, Inc. on June 3, 1975. In this diversity action, plaintiff seeks to recover damages from defendant H & M Construction, Inc. (hereafter H & M) for breach of a house construction contract. Plaintiff also prays recover...
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Plaintiff, Editors Press, Inc., a Delaware corporation with its principal place of busi *409 ness in Hyattsville, Maryland (hereinafter referred to as “EP”), 1 seeks a total income tax refund of $91,772.20 plus interest. 2 Jurisdiction exists pursuant to 28 U.S.C. § 1346(a)(1). 3 The parties each seek summary judgment pursuant to Federal Civil Rule ...
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MEMORANDUM This matter is before the Court for a decision on the merits, defendant having waived his trial by jury. The defendant is charged with knowingly and intentionally engaging in the business of dealing in firearms and ammunition without being licensed to do so under the provisions of Chapter 44, Title 18, United States Code, a violation of §§ 922(a)(1) and 924(a) of Title 18 of the United...
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MEMORANDUM AND ORDER Defendant, a former public official, was indicted while in office for allegedly attempting to affect and affecting commerce by the extortion of political contributions from a partnership of consulting engineers in violation of the Hobbs Anti-Racketeering Act, 18 U.S.C. § 1951.1 He has moved to dismiss the indictment, contending (1) it lacks “a plain, concise and definite” sta...
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OPINION This action concerns a series of loans which allegedly violated the margin requirements of Regulation U, 12 C.F.R. § 221.1 et seq., promulgated by the Federal Reserve Board pursuant to § 7 of the Securities Exchange Act of 1934, 15 U.S.C. § 78g. All of the parties now move for summary judgment. The Pleadings Plaintiff Maurice L. Stonehill’s amended complaint alleges that on or about J...
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OPINION Defendants, 94th Street and Fifth Avenue Corporation (“the corporation”) and the members of its board of directors, individually, move to dismiss the complaint pursuant to Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted, or in the alternative, for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on ground of res judicata. Si...
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ORDER Plaintiffs, non-citizens of Oklahoma, allege they are owners of a part of an undivided working interest in an oil and gas lease located in Cimarron County, Oklahoma.1 They further allege that during the year 1969-1970 Plaintiff Arthur B. Ramsey (Ramsey), a New Mexico citizen, contracted with Defendant Bomin Testing, Inc. (Bomin), a Kansas citizen, for the performance of services in connecti...
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ORDER The Court has examined the “Petition for Writ of Habeas Corpus”, together with Motion for Leave to Proceed in Forma Pauperis and required affidavit presented to the Clerk of this Court. It appears therefrom that the petitioner is a prisoner confined in the New Mexico State Penitentiary at Santa Fe, New Mexico, who seeks in this proceeding to have dismissed the charge of Use of a False and Bo...
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MEMORANDUM OPINION Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of a final decision of the Secretary of Health, Education and Welfare denying his claim for “Black Lung” disability benefits. Plaintiff’s application was made pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq., 30 U.S.C. § 922(b) incorporates...
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ORDER This products liability action arises from the crash of a Martin 404 aircraft on October 2, 1970 near Silver Plume, Colorado. Plaintiffs herein were either injured in said crash or bring actions on behalf of persons killed therein. Joined as Defendants in the instant case are Martin-Marietta Corporation (Martin-Marietta) which manufactured the aircraft which crashed and Ozark Airlin...
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OPINION This case comes before the court on a mo.tion to vacate an arbitrator’s award in a dispute growing out of plaintiff’s discharge by his former employer, one of the defendants. The other defendant, plaintiff’s local union, was not involved in this part of the proceedings. In a prior opinion and order, I granted the employer’s motion for summary judgment on condition that (1) th...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s Motion for a New Trial after a jury verdict of guilty on both counts of a two count indictment. The indictment charged the defendant in Count I with burglary of the Philadelphia National Bank (PNB) branch located in the King of Prussia Plaza, King of Prussia, Pennsylvania on August 15, 1974. 1 Count ...
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OPINION The plaintiffs, residents and taxpayers of Woonsocket, Rhode Island, bring this action individually and on behalf of all other taxpayers similarly situated to enjoin an allegedly unconstitutional expenditure of State and local public funds to lease facilities for use by the East Woonsocket School, a public elementary school, from defendant St. Joseph’s Church, a Catholic secta...
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ORDER ON MOTION FOR LEAVE TO FILE AMENDED PLEADING, ON MOTION TO CONSOLIDATE FOR CONSIDERATION OF PRETRIAL MOTIONS, ON MOTION TO DISMISS, AND ON DEMAND FOR JURY TRIAL Both actions,1 consolidated for consideration of pretrial proceedings,2 3 are said to arise under 42 U.S.C. § 1983 and the Fourteenth Amendment to the Constitution of the United States. Civil Action No. 75-374 alleges that additiona...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction 1. On January 31, 1972, The Federal Company (“Federal”), through its Dixie Portland Flour Mills, Inc. subsidiary (Dixie Portland), acquired The Great Western Foods Company. The acquisition was accomplished through Dixie Portland’s purchase of all the outstanding capital stock of Great Western Foods Company from its parent, Grea...
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DECISION AND ORDER This is a motion under Rule 41(e) of the Federal Rules of Criminal Procedure seeking the return of certain records and the suppression of their use as evidence in any criminal proceedings. The movants are Michael Shapiro, Jack LaKam, Julius Rubin, and Ben Libowsky, who are partners in Farwell Enterprises, Mill Road Enterprises, and Libowsky, LaKam and Rubin d/b/a Newport West Ap...
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MEMORANDUM OPINION I. INTRODUCTION This case is before the Court on defendant’s motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief may be granted. The action arises out of the death of a Virginia resident on a flight between Corfu and Athens, Greece. Plaintiff herein is the administrator of the decedent’s estate, and the defendant is...
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RULING ON MOTION TO DISMISS In two California superior court cases, Tucker v. Crikelair, No. 51659 (Super. Ct. Ventura County July 2, 1970); Tucker v. Tucker [Threlkeld], No. 48724 (Super.Ct. Ventura County June 25, 1970), Tucker was the plaintiff; judgments entered against him and in favor of the defendants on their counterclaims. Crikelair and Threlkeld brought *462diversity suits upon these ju...
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MEMORANDUM The plaintiffs in Rios v. Enterprise Association Steamfitters Local 638 of U.A. 400 F.Supp. 983, move for back pay for members of the plaintiff classes. This motion arises from a protracted litigation under Title VII of the Civil Rights Act of 1964, as amended. See Rios v. Enterprise Association Steamfitters, Local 638 of U.A., 400 F.Supp. 983 (S.D.N....
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MEMORANDUM Rios v. Enterprise Association Steamfitters, Local 638 of U.A., 400 F.Supp. *995 983, was instituted on February 26, 1971 as a class action wherein four non-white workers alleged violations by defendants of Title VII of the Civil Rights Act of 1964, as amended. United States v. Enterprise Association Steamfitters Local 638 of U.A., 71 Civ. 2877, (...
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OPINION By motion dated March 11, 1975, M & N Meat Company (hereinafter “Respondent”) seeks to dismiss a petition to compel arbitration of John Thallon & Co., Inc. (hereinafter “Petitioner”) on the grounds of (1) forum non conveniens, (2) improper party respondent, and (3) that respondent never agreed to arbitrate its disputes with petitioner or, in the alternative, to transfer the hearin...
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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’s application for widow’s insurance benefits based on disability under §§ 202(e) and 223(d) of the Act, 42 U.S.C. §§ 402(e) and 423(d). Plaintiff filed an application for disabled widow’s insurance benefits on Nov...
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OPINION Plaintiffs seek a head-on collision between the provisions of the Pennsylvania Motor Vehicle Code, Article XIV, Motor Vehicle Safety Responsibility Provisions, Act of 1959, April 29, P.L. 58 §§ 1413 and 1414 [75 P.S. §§ 1413, 1414] and the Due Process and Equal Protection clauses of the Constitution of the United States. On the road thereto they also sideswipe Article V, The Judiciary, ...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER This cause tried to the Court without a jury is submitted by plaintiff, Armstrong Cork Company (hereinafter Armstrong) for a declaratory judgment that its chemically embossed foamed vinyl floor covering process and products using lauroyl peroxide do not infringe United States Letters Patents No. 3,293,094 and No. 3,293,108 (herein...
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MEMORANDUM DECISION This case was brought under the Federal Tort Claims Act. Plaintiffs’ causes of action arose when a DC-3 aircraft crashed at the New Orleans, Louisiana, Airport (Moisant Field) in poor visibility conditions at approximately 6:55 A.M., C.S.T., on March 20, 1969. Of the twenty-seven persons on board, sixteen were killed, including the pilot and co-pilot and Marion Leo Hay...
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MEMORANDUM OPINION The Intervenor herein, Southern Marine & Aviation Underwriters, is seeking by way of subrogation and indemnity from the Defendant, Brantly Helicopter Corporation, certain sums paid under two policies of insurance issued by it to Rotor-Craft, Inc. and Frank Babcock. One policy covered physical damage to the Brantly helicopter involved in this suit, and the other was ...
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MEMORANDUM OPINION This is a dispute over the ownership of a sixty acre tract of land located in Cherokee County, Texas. The land was sold at an execution sale on August 1, 1967. The Defendant in the case, Edwin Brown, purchased the land at that sale for $100.00. The Plaintiff, Exa P. Ross, has brought this action asking that the Court exercise its equity powers to set the sale aside ...
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ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION In this action Plaintiffs seek a preliminary injunction restraining Defendants from supervising, engaging in, and ordering others to engage in, certain activities of the Pasadena Police Department implemented through the creation of a Burglary Abatement Detail. The motion came on regularly for hearing and the Court took it under submis...
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OPINION AND ORDER ON ATTORNEYS' FEES After trial without a jury, this Court held that defendants dismissed the plaintiff, a tenured public school teacher, at mid-year in a manner inconsistent with due process of law. 380 F.Supp. 1112 *425 (D.C.1974). The Court ordered reinstatement of plaintiff and certain incidental equitable relief. Plaintiff now seeks an award of attorneys...
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OPINION Charles B. Cannon, Richard L. Davis, John G. Marsh, and Jeffrey Ross brought this derivative shareholder’s action, as well as personal claims, against the defendants, U.S. Acoustics Corporation (hereinafter “Acoustics”), a Florida corporation, and National Perlite Products, S.A., (hereinafter “Perlite”), a Panamanian Corporation. 1 The six-count complaint alleges violat...
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Plaintiff, a former deputy in the Calcasieu Parish, Louisiana Sheriff’s Office, has brought this suit seeking redress for alleged discrimination in employment. The jurisdiction of this Court is invoked pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S. C. 2000e et seq. (Title VII), 42 U.S.C. 1981 and the Fourteenth Amendment. Title VII provides for injunctive and other relief agains...
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MEMORANDUM and ORDER This is a civil action brought pursuant to 12 U.S.C.A. § 1701 et seq., 28 U.S.C. A. § 1361 and 42 U.S.C.A. §§ 1983, 1985. Plaintiff Taunton Gardens (TG) is a Massachusetts limited partnership whose general partner is Max Kargman. Defendants are Carla A. Hills, Secretary of the Department of Housing and Urban Development, two individual members of that a...
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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 the Department of Health, Education and Welfare, dated April 25, 1973, denying plaintiff’s claim for a continuous period of disability under § 216(i) of the Act, 42 U.S.C. § 416(i), and for disability insurance benefits as provided by § 223 of the Act, 42 U.S.C. ...
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OPINION This action involves a dispute over the ownership of the commercial rights to use the names and likenesses of Stanley Laurel and Oliver Hardy (“Laurel and Hardy”), the two famous comedians both now deceased. The complaint was *838 filed on January 29, 1971 by plaintiff Larry Harmon Pictures Corporation (“Harmon”), a California corporation, against defendants Hal Roach...
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Plaintiff, Fred Mabery, a state prisoner, has been granted leave to file in forma pauperis a civil rights action pursuant to 42 U.S.C. § 1983 seeking a declaratory judgment, injunctive relief, and damages. The gravamen of Mabery’s complaint is his allegation that he was removed from North Carolina and transported to New York, incommunicado, for trial on New York charges without being afforded proc...
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MEMORANDUM OPINION AND ORDER This is an appeal from an order entered by the Honorable Emil J. Goldhaber, Bankruptcy Judge, in which attorneys fees were awarded to the debtor, as prevailing party, after a final dismissal of a petition for an involuntary bankruptcy. On November 10, 1971, Falls Equipment Corporation, Francis Pinciotti, Jr. and American Equipment Rentals, Inc. (Petitioni...
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OPINION This is a complaint filed pursuant to the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of defendant denying plaintiff disability benefits. The immediate matter before the court is defendant’s Motion for Summary Judgment. If substantial evidence exists supporting the denial of disability benefits, the Secretary’s determination must be affirmed. Gentile v. Finch, 4...
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MEMORANDUM This is a proceeding upon a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 wherein the petitioner seeks to set aside a two-year sentence imposed in a criminal case entitled “State of Tennessee v. Ralph Moore," No. 124,141 in the Criminal Court for Hamilton County, Tennessee. The case is presently before the Court upon the petition and answer, together with ...
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OPINION Plaintiff, the American Postal Workers Union, Dallas, Texas, Area Local, (Union) filed this suit against the United States Postal Service (Postal Service) and James V. Lusby, the Dallas Postmaster, alleging the latter’s breach of the discipline procedures of a collective-bargaining agreement. More particularly, the Union contended that the defendants had taken disciplinary act...
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ORDER This is an action by plaintiff seller, a California corporation, to recover an alleged debt, owed by defendant, a Georgia corporation, as a result of certain purchases of goods on open account. The action is presently before the court on cross motions for partial summary judgment. These motions relate primarily to the sufficiency of defendant’s purported accord and satisfaction defe...
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MEMORANDUM OPINION Southwestern Bell Telephone Company (Bell) has appealed from an order of the Bankruptcy Judge denying its application for a payout order for telephone service charges incurred by Walter J. Kassuba, et. al. (Debtors) prior to the filing of the Chapter XI petitions. The facts are as follows: 1. The Debtors in possession are primarily engaged in the development a...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on motion of defendant to suppress written and oral evidence. Defendant moves for suppression on two grounds: (1) he was not advised of the offense he was suspected of committing at the time he was questioned; and (2) he was not given all Miranda warnings. Defendant first objects that he was not advised of the exact nature of th...
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MEMORANDUM OPINION APPROVING ALLOWANCE AND DISAL-LOWANCE OF CLAIMS, PLAN OF DISTRIBUTION AND AWARDING ATTORNEYS FEES This matter comes before the Court upon motion of the plaintiffs for an order approving a proposed plan of distribution and allowance and disallowance of claims in the above settled class actions. Also before the Court are nine applications for allowance of attorneys fees a...
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MEMORANDUM ORDER In this action, Anna Jean Jackson sues the United States, The Prudential Insurance Company (Prudential), and Emma L. Strickland, administratrix of the estate of Jerry Jackson, deceased, to recover proceeds of a policy of life insurance issued under the Servicemen’s Group Life Insurance (SGLI) program which were paid to defendant Strickland on the death of the insured, Jerry Jackso...
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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 Ford-land Honor Camp at Fordland, Missouri, has filed his petition for federal writ of habeas corpus challenging the validity of his state conviction and sentence. Leave to proceed in forma pauperis was granted in an earlier order of Court. The petit...
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ORDER The motion of the defendants Osborne and Musselman (herein the “Texas defendants”) to dismiss for want of jurisdiction over their persons is granted, and the action is dismissed as to them. Arnold Friberg, the plaintiff, is a Utah artist. He delivered to the defendant Schlenske, a Montana art dealer, four paintings on consignment. Schlenske, without authority (according to the complai...
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OPINION In July, 1967, defendant Allan Aaron Shapiro was indicted for refusal to submit to induction, in violation of 50 U.S. C. App. § 460(a). In January, 1968, he fled the United States and has remained outside the jurisdiction of the court to this day. Defendant moved to dismiss the indictment in November, 1974. The government declined to answer Shapiro’s motion on the merits while defendant ...
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MEMORANDUM AND ORDER By notice of motion dated March 11, 1975, defendant Young moves for an order dismissing Count One of the indictment, the conspiracy count, and for a separate trial, pursuant to Rule 14, F.R.Cr.P. The indictment charges defendants with conspiracy [18 U.S.C. § 371] and bribery [18 U.S.C. § 201(b)] of United States Immigration and Naturalization Service investigators to indu...
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OPINION The defendant, Jack L. Chestnut, the campaign manager for Senator Hubert H. Humphrey’s 1970 campaign for the office of United States Senator from Minnesota, was convicted after a jury trial of willfully violating 18 U.S.C., sections 610 and 2. The charge was that the defendant caused Lennen & Newell, Inc., a New York advertising agency employed by the Humphrey campaign, to accept ...
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MEMORANDUM OPINION This is an action in which the plaintiff Mr. Scott M. Niswonger, doing business as Greeneville Air Service (Service), seeks a declaration 1 that a certain lease *770 indenture between the defendant American Aviation, Inc. (American) and the Greeneville-Greene County, Tennessee airport authority (authority) 2 is void as violative of a federal funding statute. 49 U.S.C. §...
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OPINION and JUDGMENT Barry Douglas Williams has brought this action to remove his pending state prosecution to federal court and to enjoin the use in his state court trial of evidence allegedly obtained in violation of the fourteenth amendment. Williams is currently being detained by state officials pending his state trial on two counts of breaking and entering in violation of Code of Virginia as ...
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OPINION and JUDGMENT David Lewis Feazell, petitioner, has filed a pro se complaint against the Augusta County Jail. Initially the case was filed in the United States District Court for the Eastern District of Virginia, but was ordered transferred to this district court. Petitioner was allowed to proceed in forma pauperis and his complaint was treated as an action arising under 42 U.S.C. § 1...
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DECISION AND ORDER The defendant Barbara Thompson has moved to dismiss this action as to her on the ground that the complaint does not state a claim against her upon which relief can be granted. The movant is the state superintendent of public instruction and the complaint charges that she “approves schools for eligibility in the WIAA by certifying that the school is wholly supported by taxation.”...
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ORDER This cause came on for hearing on June 6, 1975, on defendant North Atlantic Oil Ltd.’s motion to vacate a writ of maritime attachment. On May 12, 1975, the plaintiffs in this action filed a complaint seeking damages against the defendant for breach of four time charter contracts and also requesting the issuance of a writ of maritime attachment pursuant to the provisions of Supplemental ...
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MEMORANDUM OPINION This action came on further to be heard on April 11, 1975, upon the motions for summary judgment filed by defendants Birmingham-Jefferson County Transit Authority (BJCTA) and William T. Coleman, Jr., Secretary of Transportation of the United States of America (USDOT), the affidavits and other documentary evidence filed by the parties, the testimony taken herein on April 1, 1975,...
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MEMORANDUM OPINION AND ORDER This case presents the issue of whether a supplier of materials to a government contractor may allocate payments made “on account” but arising out of the government job to other outstanding obligations of the contractor and sue the surety on the government project for the unpaid balance under the Miller Act, 40 U.S.C. § 270b. The matter was tried to the Court withou...
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MEMORANDUM AND ORDER On September 9, 1974, Plaintiff filed a Complaint 1 for Injunctive Relief and Damages, jury trial demanded, against the governor of Hawaii and the directores) 2 of the state Department of *198 Social Services and Housing. His claims were that in January 1966 he had been transferred from the state prison on Oahu, where he was serving a sentence of life imprisonment w...
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ORDER Before this Court are cross motions for summary judgment. The plaintiff, a claimant for disability benefits under the Social Security Act, commenced this action under 42 U.S.C. § 405(g) within 60 days after the Appeals Council upheld the Hearing Examiner’s denial of benefits for the period after December 1971. The plaintiff claims to be entitled to benefits by reason of severe back problems ...
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396 F.Supp. 907 (1975) Ralph MILLER, Plaintiff, v. ASSOCIATED PENSION TRUSTS, INC., et al., Defendants. No. 74-73 C (3). United States District Court, E. D. Missouri, E. D. June 24, 1975. *908 Joel W. Case, Manchester, Mo., for plaintiff. Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for defendants. MEMORANDUM WANGELIN, District Judge. This action was tried before the...
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MEMORANDUM AND ORDER Plaintiff, a member of Airline and Aerospace Employees Local Union No. 732 (“Local 732”), sued Local 732 and the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (“I.B.T.”), with which Local 732 is affiliated, in the New York Supreme Court, Nassau County. The defendant unions removed the action to this court as one arising under the Ra...
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MEMORANDUM AND ORDER Plaintiffs are employed by the City of New York and paid with federal funds granted pursuant to the Emergency Employment Act of 1971, 42 U.S.C. § 4871 et seq. (the “Act” or the “EEA”). Their amended complaint alleges that the City, in its administration of the EEA program, discriminates against its EEA employees, and in favor of its “regular”, or locally fu...
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This action was brought for payment under a policy of burglary insurance issued under the Federal Crime Insurance Program, 12 U.S.C. § 1749bbb-10a et seq. Plaintiff operates a drugstore in a shopping plaza in West Seneca, New York. Because that store had been repeatedly burglarized, it. was impossible for plaintiff to obtain insurance coverage except at very high rates. The Federal Crime Insura...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW These two actions were brought under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., and involved personal injury claims arising out of an accident which occurred on June 2, 1969. Just prior to trial of the Williams case, the two defendants reached an agreement whereby it became possible to settle plaintiffs’ respective clai...
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ORDER Plaintiff brings this action seeking recovery for personal injuries allegedly sustained in the course of his employment with Defendant’s subcontractor. Plaintiff alleges that on May 20, 1974 he was a minor 13 years of age; that he was employed by and working for Quali- - ty Roofing Co. (Quality Roofing); that in the course of this employment he was carrying a bucket of hot tar and spilled...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendants’ motions for a new trial or, in the alternative, for a judgment of acquittal. The three defendants were jointly tried and were convicted by a jury as charged in the indictment. All the defendants in this ease were charged in Count No. I of the three-count indictment with conspiracy to possess with intent to dis...
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MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF STATEMENTS OF TRAIN CREW In this action involving a grade crossing collision between the automobile in which the plaintiff’s decedent was riding and defendant’s train, the plaintiff has moved pursuant to Rule 37 of the Federal Rules of Civil Procedure to compel the production of certain documents including: “a true and corre...
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ORDER ON MOTION FOR SUMMARY JUDGMENT This is an employment discrimination action brought by George Webster and Willie Mitchell, on behalf of themselves and all others similarly situated against Liberty Cash Grocers pursuant to 42 U. S.C. § 2000e-5(f) and 42 U.S.C. §§ 1981, 1982, 1983, 1985 and 1986. Now before this Court is the Defendant’s Motion to Dismiss or in the Alternative for Summary Judgme...
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OPINION The sole issue presented in this case is the constitutionality of Rule 4.1 1 of the Vermont Rules of Civil Procedure (Vt.R.Civ.P.) and its companion statutes, 12 Vt.Stat.Ann. §§ 3291-92, 2 which allow a plaintiff, upon commencement of a suit, to attach the defendant’s real es *1404 tate without notice or a prior hearing and with no participation b...
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DECISION and ORDER The plaintiffs seek to modify an arbitration award. The action had been commenced in a state circuit court of Wisconsin and was removed to the United States district court for the western district of Wisconsin. The complaint alleges a breach of contract on the part of the defendants; a counterclaim avers certain failures on the part of the plaintiffs. Each of the parties seek...
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MEMORANDUM AND ORDER In this action plaintiff seeks a declaratory judgment to the effect that certain bi-weekly meetings with selected groups held at the White House create “advisory committees” within the meaning of section 3(2) of the Federal Advisory Committee Act, 5 U.S.C. App. I, Pub.L. 92-463, 86 Stat. 770, approved October 6, 1972, and an injunction directing defendant to comply wi...
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MEMORANDUM OPINION This matter is before the court on defendants’ motion for summary judgment and plaintiffs’ opposition thereto. The court has considered the extensive mem-oranda, exhibits, and depositions submitted by counsel and has heard oral argument. This case involves an alleged libel and invasion of privacy based upon an Associated Press wire report of a judicial hearing. For the reason...
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MEMORANDUM OPINION The dispute in this case centers around whether on not the plaintiff City of Los Angeles is entitled to $9,585,000 for airport development under the Airport and Airway Development Act of 1970, 49 U.S.C.A. § 1701 et seq. (1970) (the Act). The defendants are the Secretary of Transportation, the Acting Administrator of the Federal Aviation Administration, th...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT FOR PLAINTIFF FINDINGS OF FACTS 1. This is an action for the recovery of federal income taxes and assessed interest for the taxable years 1963, 1964, 1965, and 1966 in the total amount of $203,498.76 and interest thereon in accordance with law. 2. Plaintiff has complied with the prerequisites of filing a tax refund action i...
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MEMORANDUM Plaintiffs brought this action in the Supreme Court, New York County, to recover damages for themselves and others they represent on account of the deaths of two passengers in a crash on September 7, 1974, of a 707 jet aircraft owned and operated by defendant TWA. The complaint alleged that the airplane was on a regularly scheduled flight from Tel Aviv to New York City, with st...
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This is a civil rights class action brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4). The seven named plaintiffs are members of a class of persons who have been adjudicated Persons In Need of Supervision (“PINS”) by the Family Courts of the State of New York and placed into one of the four New York State Training Schools for PINS. Defendants, who are each sued individually and...
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MEMORANDUM OPINION AND ORDER Plaintiffs, parents of a minor son killed as a result of being shot with a shotgun allegedly unjustifiably fired by the defendant WICKLINE, seek redress by way of damages, inter alia, for the deprivation under color of the Statutes of the State of Oklahoma, of rights, privileges and immunities secured to them by the Constitution of the United St...
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OPINION The question in this case is whether certain debentures which purported to evidence corporate indebtedness were, for federal income tax purposes, in reality shares of stock. Contending payments to debenture holders were interest, the corporation took deductions which were disallowed by Internal Revenue. The tax difference was then paid and this suit brought for its recovery. A...
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*750OPINION AND ORDER On September 12, 1974, petitioner filed pro se the instant habeas corpus petition and was authorized by the Court to proceed in forma pauperis. Petitioner, a Commonwealth prisoner, bases his petition on the grounds that conviction by less than an unanimous jury is unconstitutional and that the undercover agent that testified that he had bought drugs from petitioner was incomp...
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ORDER DENYING CERTIFICATION OF CLASS ACTION On this 23rd day of June, 1975, came on to be considered the Motion to Maintain Class Action filed by the plaintiffs in the above styled and numbered cause. The Court, having considered the motion and amendments thereto and Briefs in support thereof together with defendants’ responsive pleadings in opposition thereto and the file and record of the case,...
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OPINION and JUDGMENT Petitioner, Jerry Lee Barksdale, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 attacking his conviction in the Circuit Court of Halifax County on January 21, 1974 for second degree murder. He was sentenced to serve a term of twenty one years in the Virginia State Penitentiary. Petitioner appealed his conviction to the Virginia Supreme Court, ...
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*305 OPINION and JUDGMENT This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final decision of the Secretary of Health, Education and Welfare (hereinafter the Secretary). Jasper F. Gray, plaintiff, has filed an appeal from a final decision of the Secretary determining that plaintiff was not entitled to a period of disability and disabili...
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MEMORANDUM OPINION AND DECISION I THE PLEA, TRIAL AND POST TRIAL PROCEEDING Frank Downey’s plea to the charge of first degree murder and to the charge of unlawful possession of a firearm used in the commission of a crime of violence was “not guilty by reason of insanity”. At the close of evidence of the two-day trial, without a jury, I indicated to counsel that in lieu of receiving summatio...
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DECISION AND ORDER This is an action in which plaintiff alleges the breach of an exclusive dealership contract and various antitrust violations on the part of the defendant. The defendant has answered, raised affirmative defenses and counterclaimed, asserting that plaintiff breached the contract, violated the antitrust laws, and resorted to tortious methods of competition. This action...
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DECISION This is a selective service case in which defendant Stephan A. Walther was indicted for failing to keep Milwaukee County Local Board No. 44 (“the Board”) informed of his current address, in violation of 50 U.S.C. App. § 462. In open court on April 29, 1975, defendant executed a waiver of jury trial. The Government introduced into evidence a stipulation of facts and the defendant’s selecti...
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MEMORANDAM OPINION On June 3, 1974, the plaintiff, Johnnie Tasby, filed suit against the defendant, William L. Peek, seeking $100,000 actual damages, $300,000 punitive damages and for reasonable attorneys fees and costs. The Complaint was filed by Johnnie Tasby personally. He paid the $15.00 filing fee. He listed no licensed, enrolled or qualified attorney as being of counsel and no ...
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OPINION This case presents the question whether under 26 U.S.C. § 3505(a) a person, who is not an employer but who directly pays the wages of an employer’s employees, is liable to the United States for the withholding and F.I.C.A. taxes required to be deducted and withheld from such wages by such employer, whether or not he has knowledge that the taxes should be deducted and withheld or that the ...
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MEMORANDUM OPINION This matter is before the Court on cross-motions to review taxation of costs by the clerk. Plaintiffs brought suit to recover a brokerage commission for the sale of real property in Broward County, Florida.1 After a nineteen-day trial and jury verdict in favor of the defendant, Town Heights Development, Inc., judgment was entered by the clerk on April 23, 1975. Fed.R.Civ.P. 5...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the motion of the defendant George Gordon Liddy for a reduction of sentence', filed May 19, 1975. The Court has carefully reviewed this motion and the memorandum filed in support thereof, and has taken into consideration all of those factors which are usually considered by most judges when passing upon such motions. The prov...
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MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This action against three New Haven police officers is brought pursuant to 42 U.S.C. § 1983, and is in the nature of the common law tort actions of false arrest and false imprisonment. Plaintiffs’ claim is essentially that all three defend *127 ants knowingly arrested them without probable cause; they alleg...
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The above-styled cause was heard by the Court without a jury and taken under submission on April 23, 1975. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. This action was brought under the Miller Act, 40 U.S.C. 270a-270d, by the use plaintiff Moretrench American Corporation ...
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OPINION AND FINAL JUDGMENT GRANTING SUMMARY JUDGMENT TO PLAINTIFFS These consolidated cases are before the Court on cross-motions for summary judgment. The plaintiff in No. 74-925, Hyman G. Silbowitz, seeks review of an administrative denial of Social Security benefits, alleging that the denial was based upon an unconstitutional provision of the Social Security Act, Section 202 (c)(1)...
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ORDER This is a prosecution for fraud in the sale of securities, mail fraud, conspiracy, and obstruction of justice. See 15 U.S.C. § 77q(a); 18 U.S.C. §§ 371, 1341 and 1505. In a prior order, this court denied in part defendants’ motion to dismiss the indictment based on objections to the array of the Grand Jury, but deferred a final ruling pending submission of evidence by the...
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In these consolidated actions, Louis J. Roussel and his wife in Civil Action No. 73-2467 and the Republic Petroleum Corporation in Civil Action No. 73-866 seek a refund of taxes they allege were erroneously assessed and collected for the years 1959-1966. Due to the number, variety and complexity of the issues involved, we have undertaken to discuss each issue separately, and have followed the n...
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This diversity suit seeks damages for personal injuries. Plaintiff was working, finishing floors in new construction at England Air Force Base, Louisiana when fumes from the floor finishing product he was using ignited, causing burns on plaintiff’s body. Various other defendants have been dismissed by summary judgments, leaving as the only remaining defendant Benjamin Moore & Company, Inc., man...
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On July 1, 1974, the Veterans Administration gave plaintiff, who had served 30 years in the Navy and had a good record, a “career-conditional appointment”, subject to completion of a one year probationary period, as a Hospital Police Officer, assigned to the VA Hospital at Perry Point, Maryland. On August 19, 1974, the Chief of Personnel Service at the Hospital handed plaintiff a letter bearing...
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MEMORANDUM AND ORDER Plaintiff, Ebasco Services, Inc. (Ebasco) and third-party defendant, General Electric Co. (G.E.) each move for summary judgment against defendant, third-party plaintiff, Pacific Inter-mountain Express Co. (P.I.E.) pursuant to Rule 56 Fed.R.Civ.P. For reasons appearing below, plaintiff Ebasco’s motion is granted but third-party defendant G.E.’s motion is denied. P...
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MEMORANDUM AND ORDER This action arises from the construction of a sewage lagoon by the Defendant, United States, on property owned by Defendant, which is used and maintained by the United States Air Force for its Grand Forks Air Force Base. The action alleges that Plaintiffs/ property, situated adjacent to, or nearby, the lagoon, has been damaged from flooding and/or seepage upon Plainti...
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OPINION This is a civil non jury proceeding on remand from the United States Supreme Court. The immediate matters *537before this court are whether the petitioner, Earl R. Foster, adequately preserved his claim at the original trial for prorata vacation benefits under the Collective Bargaining Agreement, and, if so, whether or not he is entitled to any prorata benefits. The court has afforded the...
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MEMORANDUM OPINION The plaintiffs bring suit pursuant to the Labor Management Relations Act, 29 U.S.C. § 185(a), alleging that the defendant, Union Local 277, breached its duty to fairly represent all the employees in the bargaining unit, and that General Dynamics breached the collective bargaining agreement. After a one week trial before the Court beginning on February 24, 1975, the Court ma...
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MEMORANDUM OPINION AND JUDGMENT Each of the three above named plaintiffs filed his action under the Tort Claims Act against the Government of the Virgin Islands and against six named police officers * claiming $175,000.00 punitive and general damages, “jointly and severally against all defendants” to compensate them for beatings allegedly inflicted upon them by several police of...
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DECISION AND ORDER On May 22, 1974, plaintiff Ward E. Hardy commenced an action against Bu-cyrus-Erie Company on behalf of himself and all persons similarly situated alleging that the defendant company, together with United States Steel Workers of America, Local No. 1343 (hereinafter “Local 1343”), has engaged in racially discriminatory practices in violation of section 703, Title VII of ...
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MEMORANDUM OPINION This is an action brought under the Freedom of Information Act (FOIA or Act), 5 U.S.C. § 552 (1970), in which Reuben B. Robertson, III, a private citizen, seeks to obtain access to certain civil *1344 rights compliance reports submitted by the defendant General Motors Corporation (GM) to the defendant Department of- Defense. Also named as a defendant is Jam...
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OPINION AND ORDER Plaintiff International Telephone & Telegraph Corporation (“ITT”) seeks judicial review of administrative action taken by defendant Donald C. Alexander in his capacity as Commissioner of Internal Revenue. The challenged action relates to defendant’s 1973 revocation of certain previously-issued private letter rulings, thereby giving rise to substantial unanticipated tax l...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY FINAL JUDGMENT This Cause came before the Court upon the Defendant’s Motion To Dismiss And/Or For Summary Judgment, Motion For More Definite Statement and Motion To Strike and Plaintiff’s Motion To Strike. On May 22, 1975, it was ordered and adjudged that portions of the Complaint relating to discrimination based on race and color, failur...
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MEMORANDUM DECISION After this court’s decision in this case, dated December 12, 1974, 1 was announced, and after final judgment was entered, defendant Loveland and third party defendant United States of America filed, on April 4, 1975, “Motion to Alter or Amend Findings and Judgment And/Or for New Trial on Part of the Issues.” On April 7, 1975, plaintiff Henderson also filed “...
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MEMORANDUM OPINION DECLARATORY JUDGMENT Plaintiff and intervenors publish daily and Sunday newspapers in the State of Florida and seek a declaratory judgment holding that each of two Florida statutes are unconstitutional on its face as violating the First and Fourteeth Amendments to the United States Constitution. One statute requires newspapers to charge political candidates the lowest l...
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ORDER Plaintiffs, Canal Insurance Company [Canal] and Willie West, seek a declaratory judgment and monetary recovery of $150,000 from defendant Liberty Mutual Insurance Company [Liberty Mutual] on the ground that Liberty Mutual, rather than Canal, provided primary liability coverage to the parties involved or connected with an automobile accident in Chatham County, Georgia. The facts...
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MEMORANDUM AND ORDER Named plaintiffs brought this action on behalf of themselves and all other persons similarly situated 1 against defendants Department of Social Services and Housing for the State of Hawaii (DSSH) and its director, Andrew Chang. Plaintiffs challenge the DSSH practice of requiring recipients of Aid to Families with Dependent Children (AFDC) to either forfeit their income ta...
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This suit involves a demand by an' attorney against the Department of the Navy for the production of certain documents in the possession of and under the control of the Department of the Navy. The attorney, who is the plaintiff in this action, has been retained by some third party to investigate the feasibility of bringing a civil suit against the manufacturer of a helicopter which crashed somewh...
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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. This litigation involves the activities of Amerada Hess Corporation (Hess) and presently consists of three actions, two in the Southern District of Florida and one in the Southern District of New Yor...
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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 WEI-GEL, Judges of the Panel. This litigation involves three actions filed in three different districts: the District of the District of Columbia, the District of New Jersey and the Southern District of New Y...
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MEMORANDUM ON VARIOUS POST-TRIAL MOTIONS Six convicted defendants have filed an assortment of posttrial motions and a seventh will be treated as if he had filed them. The defendants Dodge, Johns, Wesaw and Fleury have moved for a judgment of acquittal, for an order directing the government to comply with the defendants’ pretrial request for information as to whether any of the defendants or def...
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This is an action brought by Amalgamated Local No. 55 pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, to compel arbitration under a collective bargaining agreement. The agreement, which was executed in 1968 and amended on September 1, 1972, *668 contains an arbitration clause requiring all issues regarding interpretation or application of any term of the a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The two above-captioned suits were filed in this Court pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking to recover for the death of Christopher Cordaro, and for the destruction of the plane in which he had been flying at the time of his death. Since the questions raised by both suits are identical, they were tried together to the Court ...
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FINDINGS OF FACT AND CONSLU-SIONS OF LAW This action arose out of the severe facial disfigurement incurred by the infant plaintiff, Terri Drayton, as a result of a chemical burn. After a trial to the court, the following facts have been established. The incident in question occurred on December 21, 1968. At that time both plaintiffs, the infant Terri Drayton and her mother Bernic...
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OPINION On December 19, 1973, Patrick C. Miller, of the Secret Service, filed a complaint against defendant charging him with forging the endorsement of the owner of a government bond;1 and on the same day Magistrate Mitchell issued a warrant, pursuant to which defendant was arrested, and a preliminary hearing held before Magistrate Mitchell on January 7, 1974. It is undisputed that the Government...
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OPINION Vernon Carl Marsh is a state prisoner currently serving a sentence of life imprisonment for the first degree murder of Bruno C. Roehrl. Marsh filed a petition for a writ of habeas corpus and he was granted an evidentiary hearing before this court. The history of Marsh’s case in the state courts is recited in our prior opinion of March 18, 1974, 372 F.Supp. 783 [W.D.Pa.]. In that opinion we...
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This case is before thé court on plaintiff’s motion for sanctions against the defendants for failure to carry out the terms of the settlement agreement entered into by the parties. Plaintiff, Walther & Cie, entered into a contract with International Boiler Works Company to furnish material, primarily boilers and boiler tubing, for use in the Harrisburg Incinerator project, being constructe...
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Thomas G. Manos, a federal prisoner presently incarcerated at Allenwood Federal Prison, Montgomery, Pennsylvania, filed a petition for a writ of habeas corpus in which he contends that the Board’s decision denying him his immediate release on parole is unlawful. Specifically, petitioner contends that the Parole Board has incorrectly classified his offense severity as high instead of moderate and ...
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MEMORANDUM This action was filed by the Appalachian Contracting Company against Charles Cox and Valley Fuel Company, Inc., seeking an injunction prohibiting defendants from engaging in coal brokering activities allegedly in competition with Appalachian and seeking damages for loss caused to plaintiff by these activities. Jurisdiction is based on diversity of citizenship and the amount in ...
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MEMORANDUM AND ORDER The plaintiffs in these combined actions are Vermont state prisoners pres *807 ently confined at the Windsor Correctional Facility. 1 They seek, inter alia, to enjoin defendant Stoneman, Vermont’s Commissioner of Corrections, from transferring them to the federal prison system under authority conferred by state and federal statutes' designed to accomplish such changes...
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ORDER This case presents the novel and interesting question whether candidates for political office can obtain property (i. e. $6000) from another with that person’s consent induced under color of official right within the meaning of 18 U.S.C. § 1951. 1 The indictment alleges that the defendants conspired to obtain this payment in consideration for their future official acts. ...
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DECISION ON PLAINTIFF’S MOTION FOR PRELIMINARY AND PERMANENT INJUNCTION This case comes on to be heard on the motion of the plaintiff for a preliminary and permanent injunction against the Federal defendants. The motion is supported by three affidavits and a stipulation of fact, and the parties have agreed in open court that the pending motion is dispositive of the entire case. The parties have fi...
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OPINION STATEMENT OF THE CASE This is an action for breach of contract filed by the City of Shreveport (City) against Gulf Oil Corporation (Gulf) wherein the City alleges that Gulf failed to provide 670,640 gallons of gasoline to the City pursuant to a contract existing between Gulf and the State of Louisiana, thereby damaging the City in the amount of $22,746.12. The alleged leg...
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MEMORANDUM AND ORDER This civil rights suit against a prison warden is now before this court on the defendant’s motion for summary judgment. From the pleadings and materials submitted to this court, it appears that there are no disputes of material facts and summary judgment in favor of the defendant is appropriate. In 1973, Leslie Joyner was stabbed by fellow inmates of the Mary...
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In this civil action, the plaintiff is seeking a declaratory judgment concerning the scope and validity of a patent for a golf glove. On June 29, 1971, United States Patent No. 3,588,917 (hereinafter Antonious ’917) was issued to the defendant, Anthony J. Antonious, who is the President and principal stockholder of the co-defendant, Ajac Glove Corporation.1 *The plaintiff Spalding is a division of...
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OPINION This is a petition for review by the Princeton Bank and Trust Company (hereinafter Bank) of a bankruptcy proceeding in which its application to reclaim automobiles and sale proceeds from the bankrupt debtor was denied. On February 23, 1973, the debtor in this action, Callahan Motors, Inc., (hereinafter Callahan), filed a Chapter XI Petition in bankruptcy. An Order was entered appoin...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. The above-named plaintiff, Republic Corporation (“Republic”), filed a complaint against defendant, Procedyne Corporation (“Procedyne”), alleging that defendant breached a contract entered into between the parties on or about March 13, 1969, and further that defendant breached certain express and implied warranties made in conjunction with ...
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ORDER ON DEFENDANT’S MOTION TO DISMISS This is an action brought pursuant to 42 U.S.C. § 1981 and 42 U.S.C. § 2000e et seq. by Thomas Mungen, J. C. Hamilton, J. D. Simpson, Mose Boyd, and Gloria Stampley on behalf of themselves and all others similarly situated, against Choctaw, Inc. for monetary, declaratory, and injunctive relief based upon Choctaw’s alleged practices of employment discrimina...
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*706 OPINION On July 26, 1972, the Secretary of Labor filed suit against the defendant herein, Braswell Motor Freight Lines, Inc. (Braswell), alleging violations of sections 6(d)(1) and 15(a)(2) of the Fair Labor Standards Act of 1938, as amended. 1 2 Specifically, the Secretary claimed that Braswell failed to pay certain of its female employees at a rate equal to that of male employees p...
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OPINION This case presents the perplexing issue of whether a municipal employer who refuses to hire a female applicant as its airport manager to avoid violating a provision of its city charter relating to conflict of interests has committed sexual discrimination proscribed by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. In the context of the facts of this c...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW BACKGROUND This is a suit brought by the Plaintiff, Robert Cloer, for damages arising out of the purchase of a GMC Astro truck from the Ford and Calhoun GMC Truck Company in Tyler, Texas. The Plaintiff bases his claim on a breach of express and implied warranties of merchantability and fitness for a particular purpose and he seeks treble damages in the ...
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ORDER On this 18th day of June, 1975, came on to be considered the Motion to Dismiss Indictment filed by the defendant in the above styled and numbered cause and the Court, having considered the motion and the Government’s opposition thereto together with defendant’s reply to the Government’s opposition, the Indictment herein and the record and file in the case, is of the opinion and so finds t...
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MEMORANDUM OPINION Sitting By Designation. This civil rights action is the latest in a series of cases extending back to 1959 wherein efforts have been made to desegregate the students and faculty of *532 the Dollarway School District. 1 The plaintiff, a black man named Othello Cross, claims to have been victimized by racial discrimination practiced by the Dis...
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MEMORANDUM OPINION The three above-captioned cases are before the court on cross-motions for summary judgment. Although the cases have not been consolidated, they involve many common questions, have been briefed according to similar schedules, and were argued together on March 17, 1975. This Memorandum Opinion will cover the issues in all three cases, pointing out where necessary those issues t...
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MEMORANDUM OPINION I. INTRODUCTION Ralph Brown was committed to St. Elizabeth’s Hospital by this district court in 1959 and again in 1960, pursuant to D.C.Code § 21-311 et seq., on the ground that he was not sane. In 1962, he was declared legally sane and released from civil custody. He has been free since that time. Brown petitioned this Court in May of last year to declare illegal and vacate th...
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OPINION This is an action brought under 42 U. S.C. § 405(g) for review of a decision of the Secretary of Health, Education and Welfare determining that plaintiff’s son, Lee Cucuzzella, ceased to be entitled to disability payments under the Social Security Act as of July 1967, and that ben *1290 efits paid between that date and December 1971, amounting to $6,400.70, must be returned to the gov...
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ORDER These habeas corpus petitions arise out of the shocking and widely publicized slayings of two Marietta, Georgia, pathologists, Drs. Warren and Rozina Matthews, which occurred in the early morning hours of May 7, 1971. Despite what has been described as one of the most extensive investigations in the State’s history, numerous aspects of the case remain shrouded in mystery The many tantaliz...
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MEMORANDUM DECISION By its complaint, filed on September 27, 1967, more than seven and one-half years ago, plaintiff, a New York corporation, sued defendant, a Delaware corporation having its principal place of business in Oklahoma, for relief upon four separate claims or causes of action. Most of the facts relied on occurred during the period 1961 to 1963. All claims pleaded seek equitable relie...
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MEMORANDUM AND ORDER New counsel, a member of the bar of this court, has filed an answer in this action pursuant to an extension of time granted by plaintiff’s attorney. An answer was previously filed by a Manhattan attorney not admitted to practice in this court. Defendants’ new counsel suggests that the original answer should be treated as a nullity. A pleading filed by an attorney not admitte...
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This is a habeas corpus proceeding brought pursuant to 28 U.S.C. § 2254, to *1156 collaterally attack the constitutionality of the petitioner’s New York State conviction for felony possession of drugs. The substances were seized during the course of a warrantless “routine search” of the petitioner’s bedroom, conducted in his absence, by his parole officer. The drugs were introduced in evidence ...
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396 F.Supp. 308 (1975) Leon GOLDFARB, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant. No. 74-C-1188. United States District Court, E. D. New York. June 17, 1975. Nadine Taub, c/o Women's Rights Litigation Clinic, Newark, N. J., Kathleen Peratis, American Civil Liberties Union Foundation, New York City, for plaintiff. David G. Trager, U. S. Atty., Eastern District of N. Y., Br...
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OPINION This action was commenced in early 1973 alleging defamation and a conspiracy to violate certain sections of the Communications Act of 1934, as amended. A second action, consolidated with the principal one, contains similar claims. 1 Jurisdiction is asserted under 28 U.S.C. §§ 1331, 1332. Parties Plaintiff is a free-lance writer residing in Connecticut. Def...
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ORDER OVERRULING MOTION TO STAY PROCEEDINGS On October 10, 1974, the Plaintiff, Peter J. Brennan, Secretary of Labor, United States Department of Labor, filed this action against T & T Trucking, Inc., Bill Tharp and Lloyd Tharp, seeking to enjoin said Defendants from violating the provisions of §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.) ...
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OPINION AND ORDER On November 11, 1974, plaintiff filed this action for damages, declaratory and injunctive relief to redress an alleged deprivation of rights secured to plaintiff by the Constitution and Laws of the United States and the Laws of the Commonwealth of Puerto Rico. The action was brought under Title 42, United States Code, Section 1983 with the claim that defendants, acting u...
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MEMORANDUM AND ORDER On September 17, 1973, a special grand jury returned an indictment against the individual named above and one Raymond Zoccola. Said indictment charges that both persons knowingly and intentionally did unlawfully possess with intent to distribute and did distribute a specific quantity of phencyclidine HC1, a Schedule III controlled substance, in violation of 21 U.S.C. § 841(...
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MEMORANDUM OPINION Plaintiff brings this action seeking review of a decision by the defendant wherein plaintiff was denied Social Security disability benefits. Defendant has moved to dismiss on the basis that this Court is without jurisdiction to review the denial inasmuch as there has allegedly been no final decision, pursuant to 42 U.S.C. § 405(g). Plaintiff seeks review, and alleges ju...
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ORDER OF DISMISSAL It is important that all persons connected with these lawsuits understand the reasons for these orders of dismissal. The actions have been dismissed because the prospective plaintiffs were never properly apprised by their “representatives” of certain essential information concerning the true nature of their participation in these proceedings. For example, the Court found that t...
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ORDER In this action the court is presented with a dispute the resolution of which hinges on a determination of the proper procedures to be followed by federal agencies and contractors in complying with the Davis-Bacon Act, 40 U.S.C. § 276a et seq., and the regulations promulgated to implement that statute. In order to dispose of the case it is necessary to explore at some length both the fac...
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MEMORANDUM OPINION Pursuant to its authority under 12 U.S.C. § 1461 et seq., the Federal Home Loan Bank Board (“Board”) made two decisions of extraordinary economic significance to federally insured savings and loan associations in Illinois, and as might be expected, a flood of litigation ensued. The first decision was generally to allow these associations to establish de...
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*156 MEMORANDUM OF DECISION Plaintiff, Mary L. Williams, alleges that defendants, William W. Brown and Michael L. Colon, in their capacity as police officers and agents of defendant, The City of Chicago, unlawfully arrested and confined her against her will, depriving her of rights guaranteed her by the Fourteenth Amendment to the Constitution of the United States. She seeks mone...
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MEMORANDUM DECISION Pending before the court for decision are cross-motions for summary judgment and the plaintiff’s motion to dismiss the defendants’ counterclaim for failure to state a claim upon which relief can be granted. Previously, the defendants filed a motion to dismiss the plaintiff’s four-count complaint, which was denied in a memorandum order dated November 1, 1974. That order...
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MEMORANDUM OPINION Plaintiff, United States of America, brought this action to recover on a fire insurance policy on behalf of the Small Business Administration (hereinafter “SBA”), the assignee of a policy issued by the defendant insurer. Jurisdiction is based on 28 U.S.C. § 1345. Plaintiff moved for a protective order barring defendant’s request for production of certain documents. Both parties...
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MEMORANDUM OPINION Motions to Intervene and Motion to Dismiss I. Background Since the passage of the National Environmental Policy Act 1 on January 1, 1970, there has been a plethora of litigation but a dearth of consensus as to the resolution of several issues regarding the construction of said Act. Under the Act, all agencies of the Federal Government are to include in their con...
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MEMORANDUM OPINION This action is submitted to the Court on the motions of the defendant to dissolve the temporary restraining order, to dismiss the complaint and to enter summary judgment on an award made by the Joint Committee sitting in arbitration. There is also pending the motion of 27 employees of the plaintiff located in Campbellsville, Kentucky who seek to intervene in this action. The pa...
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MEMORANDUM Defendant was convicted, after a jury trial, of the crime of possession and mailing of a pipe bomb. The bomb, which was lodged in a package placed in the United States mail bearing a label showing the Worcester Music Company, Worcester, Mass., as the addressee, exploded at the South Boston Postal Annex, causing injury to several postal employees at the Annex. After the imposition of a p...
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Petitioner Jimmie Williford, presently confined at Green Haven Correctional Facility, Stormville, New York, moves pursuant to Title 28, section 2254, for relief from a sentence imposed by a New York State Court following a judgment of conviction for the crime of first degree manslaughter. He was sentenced to thirty to forty years as a second felony offender on February 9, 1962, having been previou...
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ORDER The court has examined the Motion Pursuant to Section 2255 of Title 28, U.S.C. presented to the clerk of this court together with the Motion for Leave to Proceed in Forma Pauperis and required affidavit by the above-named petitioner. It appears therefrom that the petitioner is confined in the Federal Reformatory at El Reno, Oklahoma by virtue of the judgment and sentence of this court in cas...
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MEMORANDUM OPINION The Plaintiff L. G. Brown owned a business building in Oklahoma City, Oklahoma. He leased the same to Defendant Aaron Rents, Inc. Plaintiff insured the building. Defendant insured its contents therein. On April 21, 1973 during the term of the lease, a fire occurred in the building causing substantial damage to both the building and its contents. Plaintiff collected $88,...
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OPINION Plaintiff brought this action for damages for personal injuries suffered as a result of the negligence of the defendant. This court has jurisdiction under 28 U.S.C. § 1332. When plaintiff was injured, he was a member of a longshoring gang engaged in preparing the defendant’s ship so that logs could be loaded on the deck the following day. This required the gang to lay three tarpaulins...
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MEMORANDUM AND ORDER We are presently faced with two summary judgment motions1 on a limited issue in this case, namely, did defendants discriminate against men in hiring flight attendants after May 17, 1974? The Court has already found that defendants so discriminated prior to May 17, 1974. Memorandum and Order dated January 15, 1975. The issue is whether the uncontroverted facts show that defenda...
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OPINION MeGee is currently an inmate at the Federal Penitentiary in Lewisburg, Pennsylvania. On July 30, 1973, he was paroled from that institution to supervision in the Alexandria, Virginia area. On November 2, 1973, MeGee was convicted in the Juvenile and Domestic Relations Court of Prince William County, Virginia of contributing to a delinquency of a minor. On November 13, 1973, the Prince W...
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OPINION Plaintiffs Northwestern School District and Willard C. Miller brought this civil rights action pursuant to 42 U.S.C. § 1983 claiming that certain provisions of the Public School Code of 1949, as amended, 1 which grant sparsity payment subsidies to certain Pennsylvania school districts and not to others based on their low population densities, are in violation of the equ...
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DECISION and ORDER The plaintiff has filed a motion for a preliminary injunction pursuant to Rule 65, Federal Rules of Civil Procedure. I hold that such motion should be denied. Specifically, the plaintiff seeks an order enjoining the defendants from enforcing the provisions of § 106.13(2) (d) of the ordinances of the city of Milwaukee. Section 106.13(d)(2) is a part of a recently enacted ordinanc...
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MEMORANDUM OPINION Petitioner Dennis James Banks has filed in this Court a Removal Petition under 28 U.S.C. § 1443(1) which provides for removal of state criminal proceedings to federal court in the event that state proceedings are “against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens.” The Petitioner ...
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ORDER This is an international extradition proceeding instituted by the United States Attorney for the Eastern District of Illinois acting on behalf of the Republic of France. The amended complaint for extradition alleges that Christian Jacques David, a citizen of France, is legally charged in France with the murder of a police commissioner and with the attempted murder of a police officer. It ...
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OPINION AND ORDER The court has heretofore ordered the entry of a judgment denying plaintiff *804all relief. A motion to enjoin the prosecution pending an appeal to the Circuit Court has now been filed. That motion is now denied. Lest there by any confusion about the policy of the United States District Court for the District of Montana, that policy is now stated as follows: Delays incident to the...
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*143 OPINION This is a diversity action. Plaintiff Britta Randall Tannerfors, 1 a Swedish national, brought suit on August 24, 1970 against American Fidelity Fire Insurance Company 2 (American Fidelity), a New York corporation, as the alleged third-party beneficiary of an insurance contract between American Fidelity and its insured, George Bray, for its alle...
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MEMORANDUM DECISION This is an application for a preliminary injunction in connection with an allegedly arbitrable dispute arising under a collective bargaining agreement (“Agreement”) between the Realty Advisory Board on Labor Relations, Inc. (“RAB”) and Local 32B, Service Employees International Union, AFL-CIO (“Local 32B”). The employees represented by Local 32B in this action are...
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FINDING OF FACT, OPINION AND CONCLUSIONS OF LAW This matter comes before the Court upon cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiff herein seeks review of a final decision by the Civil Service Commission sustaining his removal from the Federal service as an Auditor GS-13, Logistics Systems Division at Wright-Patterson Air Force Bas...
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MEMORANDUM AND ORDER Before the Court is defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief can be granted. Resolution of the motion depends upon the interpretation to be given a limitation of action clause contained in the insurance contract upon which this diversity suit is based. Unlike the meaning of the clause in question, the fact...
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OPINION The instant case is another in the massive assault upon creditor prejudgment remedies which have flowed from the watershed decisions of Sniadach v. Family Finance Corp., 395 U.S. 337, 89 S.Ct. 1820, 23 L.Ed.2d 349 (1969), and Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972). 1 Plain *704 ti...
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MEMORANDUM Herbert Gammon, a federal prisoner, brings this his fourth motion for relief pursuant to 28 U.S.C. § 2255, wherein he challenges a judgment of this Court entered on September 20, 1957, which sentenced him to a term of eighteen years for bank robbery. The matter is presently before the Court upon the Government’s motion to dismiss, in response to which Gammon has filed supplemental pl...
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OPINION and JUDGMENT Plaintiff, Mary Ann Vaden, has brought this action to enjoin the sale of certain firearms that she alleges she owns and an agent of the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, illegally seized. She further seeks to have these firearms returned to her. . The firearms were seized on June 27, 1974 because of violations of Chapter 53 of the Internal Re...
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OPINION and JUDGMENT Lawrence Edward Brown, petitioner, has filed a petition for writ of habeas corpus. On November 5, 1968, petitioner was tried and convicted of first degree murder by a jury in the Circuit Court for the City of Roanoke, Virginia. He was sentenced to fifty years in the state penitentiary and is currently detained at the Bland Correctional Center. Petitioner alleges that the judge...
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ORDER The Court addresses this Order to the following motions: plaintiffs’ .“Motion for Transcript at Government Expense” filed on March 26, 1975, and defendants’ “Motion to Reopen and Vacate the Judgment and Dismiss Plaintiffs’ Complaint” filed on April 16, 1975. Other motions appear on file in this cause, but are only incidental to the above-mentioned matters. Prior to ruling on the motions, ...
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ORDER The Court addresses this Order to an application by defendant Aquaslide ‘N’ Dive Corporation for leave to amend its answer. Said application was filed on February 26, 1975. Plaintiffs filed a resistance to the application on March 4, 1975. Both the application and resistance have been amended, and the Court has been provided with briefs on the issue. A hearing was held in this matter on May...
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This opinion deals with nine habeas corpus cases which have been heard together by this court. In each case the petitioner contends that he has been subjected to double jeopardy in the juvenile proceedings in the Division for Juvenile Causes of the Circuit Court of Baltimore City (hereinafter the Juvenile Division), that his constitutional rights have been violated thereby, and that he is entitle...
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OPINION This application for post-conviction relief, brought under 28 U.S.C. § 2255, presents a third attempt to reopen issues previously heard and determined against petitioners. Petitioners Dalli and Pytel were convicted by a jury on May 26, 1969 on one count of selling, receiving and concealing five kilograms (approximately eleven pounds) of heroin, in violation of 21 U.S.C. §§ 173 and 174, a...
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*744MEMORANDUM AND ORDER Plaintiff brought this action against the defendants, and makes this motion pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment, in order to reduce to judgment income tax assessments previously made against the taxpayers, as follows: DOMINICK J. TINGHINO Taxable Amounts of Date of Dates of Period Assessments Assessment Notice & Demand 1962 $ 3...
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MEMORANDUM This is an action for nonpayment of a $1,000,000 promissory note caused by defendants’ purported defaults under a contemporaneous loan agreement. 1 The loan agreement at issue contains a forum selection clause which provides in part that “the Supreme Court of the State of New York, within any county of the City of New York shall have jurisdiction of any dispute” betw...
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The trial of this action took place on May 16,1975. The action is under 19 U.S.C. § 1305 for the forfeiture of articles seized by the customs office at New York as “obscene”. There is one claimant, Mr. B. J. Hurwood, who contests the action, who appeared by counsel at the trial, and who testified. Mr. Hurwood was the addressee of an airmail envelope from England, addressed with pen and ink ...
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OPINION AND ORDER I. Preliminary Statement This habeas corpus ease raises squarely the question of the retroactivity of the en bane holding of the United States Court of Appeals for the Third Circuit in United States ex rel. Matthews v. Johnson, 503 F.2d 339 (3d Cir. 1974), cert, denied, 420 U.S. 952, 95 S.Ct. 1336, 43 L:Ed.2d 430 (1975) (hereinafter “Matthews”). In Matthews, it was decided that ...
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OPINION This case was filed on June 18, 1974. It is a private, treble-damage antitrust action alleging violations of the Sherman and Clayton Acts, 15 U.S.C. §§ 1, 2 and 15. The cut-off date for discovery was May 19, 1975. The case is on the June trial list and will be reached for trial about June 17, 1975. On May 20, 1975, the Defendants, Nuclear Materials *199and Equipment Corporation (NUMEC) and...
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OPINION AND ORDER Callioppi Evangelinos and her children, Constantine, Erma, Stella, and Mary Julia (Plaintiffs) purchased round trip air transportation reservations from Trans World Airlines, Inc., (TWA) from Pittsburgh, Pennsylvania through New York City to Athens, Greece, and return. While the Plaintiffs were awaiting to board return TWA Flight 881 1 in Athens in the boarding area, the pea...
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ORDER This is a consolidated patent-antitrust case, spawned from efforts of Deering Milliken, Inc., to collect royalties on certain patents licensed to Duplan, Burlington, Inc. and others. Over forty causes of action matured in an uncoordinated but connected series of law suits among the various litigants, grouped on one side or another according to common interests. Issues of validity, infringem...
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MEMORANDUM AND ORDER This case involves an alleged attempt by the defendant, John Ray Stevens, to sell an unregistered submachine gun in violation of 26 U.S.C. § 5861(d). The defendant moved to suppress the submachine gun and other evidence obtained as the result of his arrest on the ground that the government had ample time to obtain arrest warrant, but failed to do so in violation of the fourth ...
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MEMORANDUM ORDER Plaintiff’s action to recover actual and punitive damages because of defendant’s non-payment of total and permanent disability insurance benefits under a group accident insurance plan was dismissed, on motion of defendant, on grounds that plaintiff had not given timely written notice of claim as to the occurrence or commencement of any loss covered by the insurance policy. Plaint...
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DECISION and ORDER The defendant unions, United Brotherhood of Carpenters & Joiners of America and its local No. 290, have moved to dismiss this action pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure. I hold that the defendants’ motion should be granted. The plaintiff commenced this action on December 12, 1974, to recover dam*643ages for allegedly wrongful internal union discipline im...
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MEMORANDUM OF DECISION This suit against defendant, Sperry Rand Corporation, is brought by three of its former employees on behalf of the 270 non-salaried employees whose employment was terminated when the defendant’s Waterbury Tool Division was closed on June 24, 1966. Plaintiffs’ claims arise out of a contributory pension plan (i. e., one to which both employee and employ...
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RULING ON DEFENDANTS’ MOTION TO DISMISS This motion to dismiss presents in an unusual procedural posture an important question of the reach of this Court’s in personam jurisdiction. Plaintiff Cryomedics, Inc. (“Cyromedies”) is a Connecticut corporation engaged in the manufacture and sale of cryosurgical instruments that are sold to hospitals and surgeons. Defendants Spembly...
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OPINION The matter before the Court arises out of a series of loan transactions between the Third National Bank of Hampden County, Springfield, Massachusetts (“Third Bank”), and Mr. Robert Bialkin, purportedly a resident of Ludlow, Massachusetts, which began on October 6, 1969 and ended January 30, *385 1970, wherein Bialkin pledged United States Bearer Bonds and Treasury Bil...
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MEMORANDUM This matter comes before the Court encompassing the plaintiffs’ motion for summary judgment on the fifth claim of *386 the First Amended Complaint (Filing # 32). Also under consideration at this time is the motion of the defendants, Federal Home Loan Bank Board and the Board Members, for summary judgment on the second, fourth and fifth claims of the First Amended C...
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OPINION This is a petition, brought on for decision by a motion, to confirm arbitrators’ awards. There is a cross-motion to va *614 cate. There are two awards, relating to a dispute arising from deliveries under two contracts for the sale of green coffee by respondent to petitioner. The allegedly contaminated coffee arrived in a single shipment and led to identical awards about an essentially...
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MEMORANDUM AND ORDER Richard A. Lott brings this action against his employer, defendant Goodyear Aerospace Corporation, under section 9 of the Military Selective Service Act of 1967, as amended (Act) (50 U. S.C. App. § 459). The Secretary of Labor is prosecuting the action, on behalf of the plaintiff, under authority of section 459(d). The same section confers jurisdiction on this cou...
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ORDER ON CLASS ACTION DETERMINATION Dan Johnson, a prison inmate at the Mt. Meigs Medical and Diagnostic Center, filed a complaint herein September 6, 1974, and amended on September 16, 1974, and March 14, 1975, on behalf of *417himself and on behalf of the class of all inmates of Mt. Meigs confined in segregation presently or who will be so confined in the future as per Rule 23, Federal Rules of...
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OPINION Plaintiff was made a permanent, full-time employee of defendant on May 6, 1971 in a position entitled “Computer Output Quality Controller.” He worked in that capacity until his re-enlistment in the United States Air Force on August 23, 1972 and served until June 1, 1973, was honorably discharged and returned to civilian life. On June 5, 1973 defendant denied his application for re...
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ORDER This cause came before the Court upon the motion of Doyle Henderson to set aside default and for relief from judgment. This is a forfeiture proceeding, wherein the government sought and obtained a default judgment against the defendant vessel. The gist of Henderson’s motion to set aside default is that he is the owner of the defendant vessel, that he was never given notice of the forfei...
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MEMORANDUM OPINION The four lawsuits currently pending before this court, Leonore Rettig v. Arlington Heights Federal Savings and Loan Association, et al., No. 74 C 3151; Bernyce R. Wald v. Chicago Federal Savings & Loan Association, et al., No. 74 C 3221; Shelvin Singer, et al. v. Chicago Federal Savings & Loan Association, et al., No. 74 C 3222; and ...
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This class action, on behalf of all non-caucasian citizens of New Orleans, seeks declaratory and/or injunctive relief pursuant to sections 1981 and 1983 of the United States Code, Title 42. The plaintiffs allege that the defendants Board of Liquidation, City Debt, and its individual members have violated the Fourteenth Amendment guarantees of equal protection and due process in restricting Board m...
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OPINION OF THE COURT Plaintiff, Mildred McClendon Jaggers Freed, a resident of Harrison County, Mississippi, originally filed her action in the First Judicial District of the Circuit Court of Hinds County, Mississippi, against Protective Life Insurance Company, a non-resident corporation but with a designated Mississippi resident agent for purposes of process. The defendant removed the action o...
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OPINION This interpleader action, which has been submitted on an agreed statement of facts, involves the defendants’ conflicting claims to the proceeds of an insurance policy. Alton E. Kraling and Jacqueline Anglin Kraling were husband and wife at the time of their instantaneous and simultaneous deaths in February 1973. At the time of death Alton E. Kraling was the beneficiary of a g...
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OPINION AND ORDER Petitioner Fred Edwin Johnson was sentenced to consecutive prison terms of one year and one-and-one/half to three years on June 22, 1966, following his plea of guilty on May 16, 1966 to two gambling-related, state criminal charges. He brought the present habeas corpus action while confined in New York State’s Attica Correctional Facility, serving the second of those terms. Alt...
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MEMORANDUM AND ORDER Aaron Holtzman, the plaintiff in this action, seeks a preliminary and permanent injunction to declare Section 429 of the New York Family Court Act illegal. This particular section deals with the sequestration of assets found within the State of New York. The plaintiff claims that this injunctive action is based upon the Fourteenth Amendment to the United States Constitution...
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MEMORANDUM Defendant Goldman, Sachs & Co. (“Goldman, Sachs”) moves for an order pursuant to 28 U.S.C. § 1404(a) transferring this action to the United States District Court for the Eastern District of Pennsylvania, or, in the alternative, “for a stay of proceedings in this matter until final disposition of a related action, pending in the Eastern District of Pennsylvania.” Plaintiff ...
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OPINION I. Findings of Fact. This case was filed on May 20, 1975. A hearing on the Motion for Preliminary Injunction was held on May 30, 1975. The following facts have been stipulatd to by counsel as uncontested: 1. Defendant The Pennsylvania State University is an educational corporation created by Act of the Legislature of 1855. 2. The said Act of the Legislature of 1855 placed the ma...
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OPINION The United States, at the request of the United States Bureau of Prisons, instituted this action on June 10, 1975 seeking a declaration that the United States Constitution and laws of the United States prohibit the imposition of certain taxes on federal employees and their dependents who reside on the federal enclave known as the Lewisburg Federal Penitentiary. The complaint also seeks ...
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MEMORANDUM AND ORDER Plaintiff brought this case against Defendants Novimex, Ltd., Reborn Products, Inc., Milton Ford, and Allan Ford, alleging that Novimex breached a contract it had with plaintiff, and that Defendants Reborn, Milton Ford, and Allan Ford conspired to and did induce this breach between Novimex and plaintiff. At the close of plaintiff’s evidence, we granted the motions of the sever...
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OPINION Plaintiffs, nineteen doctors and two women seeking abortions, bring this action for declaratory and injunctive relief against the Attorney General of the State of Rhode Island to challenge § 11-23-5 of the Rhode Island General Laws, which was enacted on or about May 21, 1975 to take effect upon passage. Section 11-23-5 provides: “11-23-5. Willful killing of unborn child. The ...
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MEMORANDUM OPINION This is an action on a promissory note which was tried to the Court on October 16, 1974, in Pierre, South Dakota. The plaintiff, First National Bank of Linton, is a banking corporation incorporated under the laws of North Dakota, with its principal place of business in the state of North Dakota, and brought this action against Otto Huber and Sons, Inc., a corporation incorpor...
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*775 MEMORANDUM Before the Court is plaintiffs’ “Motion to Strike Tax Lien” on the grounds that the tax lien has been satisfied and the Internal Revenue Service has failed to release plaintiffs from further liability. Plaintiffs rely on Rule 56, F.R.C.P., as the procedural basis for their motion. This action was settled by agreement of the parties and judgment was entered fo...
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MEMORANDUM OPINION AND ORDER This is an application for the federal writ of habeas corpus by Mr. Guy Dunbar, in custody of the respondent pursuant to the judgment of April 10, 1972 of the Criminal Court of Hamblen County, Tennessee in State of Tennessee v. Guy Dunbar. He claims that he is in such custody in violation of the Constitution, Fourteenth Amendment, Due Process Clause, in that his plea o...
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MEMORANDUM AND ORDER Plaintiff, the landlord, filed this action against Basin Produce Co., the tenant, to recover $100,000.00 1 as compensation for the destruction by fire of the leased premises. The jurisdictional basis of the action is not stated, but it is apparent from the face of the complaint that there is diversity under 28 U.S.C. § 1332. The parties agree that the law o...
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OPINION The National Association of Regulatory Utility Commissioners (hereinafter NARUC) is a quasi-governmental organization whose members represent the governmental bodies of the fifty states and the District of Columbia engaged in the regulation of carriers and utilities. NARUC brings this action against the Interstate Commerce Commission (hereinafter the ICC or the Commission) and the United ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW By order of January 9, 1975, I severed for trial Defendant Kinkead Industries, Inc.’s claim that Plaintiff Colonial Alloys Company should be barred by laches from maintaining this patent infringement action because it unreasonably and prejudicially delayed in filing suit. Prior to that order, I considered and denied Defendant’s motion for summary judgment b...
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OPINION This is a three-judge district court action challenging the constitutionality of a Massachusetts statute which provides that the Registrar of Motor Vehicles shall suspend the driver’s license of a person who has failed to satisfy in full within sixty (60) days a judgment for property damage arising out of the use, occupation or maintenance of a motor vehicle if the person is not i...
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OPINION On April 29, 1974, the M/S GOLDEN ARROW; owned by plaintiff, was berthed at the No. 2 loading dock, Port of Portland, Portland, Oregon. There, by use of an Hitachi 371 crane owned by the Port of Portland (“Port”) and operated by defendant Western Stevedoring and Terminal Corporation (“Western”), empty container vans were discharged from the GOLDEN ARROW and full container vans...
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MEMORANDUM AND ORDER Plaintiff, Melvin Dorn, has brought this action against his former employer, Meyers Parking System (“Company”), and his collective bargaining representative, Local 596 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (“Union”). Dorn, a Union member, alleges that he was discharged from employment by the Company in violation...
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MEMORANDUM AND ORDER Plaintiff, a non-profit hospital located in Philadelphia, has brought suit against Blue Cross of Greater Philadelphia (hereinafter “Blue Cross”), alleging that Blue Cross has monopolized the health insurance industry in the greater Philadelphia area in violation of Section 2 of the Sherman Act1 and that it has organized group boycotts against hospitals that refuse to accede to...
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OPINION This is a complaint filed pursuant to the Social Security Act, 42 U.S.C.A. § 405(g) to review a final decision of defendant denying plaintiff disability benefits. The immediate matter before the court is defendant’s Motion for Summary Judgment. If substantial evidence exists supporting the denial of disability benefits, the Secretary’s determination must be affirmed. Gentile v. Finch, 423 ...
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ORDER This is a civil action for declaratory and injunctive relief and back pay for alleged acts of discrimination against plaintiff because of his religious beliefs and practices. The action is instituted under the provisions of 42 U.S.C. § 2000e, et seq., as amended.1 Plaintiff claims that after July 1, 1970, when he became affiliated with the World Wide Church of God, the tenets of which presc...
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MEMORANDUM OPINION This is an action for damages for deprivation of federally-protected civil rights. 42 U.S.C. § 1983. The defendant undertook to appear “specially” and moved for a dismissal of the complaint, on the ground that it failed to state a claim upon which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedure. Even if such “special” appearance had been necessary in t...
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MEMORANDUM OPINION AND ORDER Plaintiffs move pursuant to Rule 15 of the Federal Rules of Civil Procedure to amend the complaint in this wrongful death action (1) to include a claim for damages based upon the mental anguish suffered by the survivors of the decedent and (2) to add as defendants ITT Caribbean Manufacturing, Inc., and ITT Caribbean Sales and Service, Inc. I. Defendants have filed a “M...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION This is an action by Thomas E. and Margaret S. Skinner (“the Skinners”) 1 to recover an aggregate sum of $18,614.-90, together with interest as allowed by law, as a refund of federal income taxes which they contend were wrongfully assessed for the years 1970 and 1971. Deficiency assessments for the years in question were based upon a determinat...
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RULING ON MOTION TO DISMISS The defendant union, of which the plaintiff in this Title VII action is a member, has moved to dismiss the plaintiff’s case. 1 The dispute here is not complicated: the plaintiff, a Puerto Rican, alleges that his union discriminated against him in various ways because of his race, color, and national origin. To understand the complex procedural histor...
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MEMORANDUM OPINION AND ORDER Johnny Wilson, Jr., a state prisoner and the petitioner in this habeas corpus proceeding, 28 U.S.C. § 2254, was convicted by a jury on May 4, 1971 in the *42Superior Court of the State of Delaware of murder in the second degree. Thereafter, he was sentenced to life imprisonment. His conviction was affirmed by the Delaware Supreme Court. Wilson v. State, No. 94, 1971 (D...
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MEMORANDUM OPINION The United States Dental Institute (“USDI”), a private, for-profit, post-secondary educational institution, and ten individual general practitioner dentists have filed this antitrust action against two professional organizations, the American Association of Orthodontists (“AAO”) and the American Dental Association (“ADA”), and twenty-five individual defendants, twenty-t...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on motions by plaintiff and defendants for summary judgment. There being no factual question, the issue will be decided as a matter of law. The action is brought pursuant to 28 U.S.C. § 1331 on behalf of a purported class of veterans who allegedly have, or will be, denied hospital or domiciliary benefits by virtue of Section 2.08(b)(1...
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MEMORANDUM ORDER The factual background of this litigation has been extensively discussed in two prior memoranda. The order of October 16, 1974, granted the motion for summary judgment of third-party defendant Ben B. Stein against the defendant-third-party-plaintiff. Insurance Company of North America. Subsequently, on March 27, 1975, the plaintiff’s motion to rehear and deny Stein’s ...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on the motion of third party defendants to reconsider its earlier motion to dismiss the third party complaint. The Court, in a previous opinion by another judge, denied third party defendants’ motion to dismiss, thereby permitting the third party complaint to stand on an indemnity theory of active-passive negligence. In denyin...
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The Plaintiff has sued the Defendant insurance company for $30,000.00 allegedly payable to the beneficiary of a life insurance policy issued to the Plaintiff’s deceased husband, John E. Hofmann. This suit was originally filed in the Superior Court of Baltimore City and was removed to this Court under 28 U.S.C. §§ 1441 and 1446. Both the Plaintiff and the Defendant have moved for summary judgmen...
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OPINION This is a civil action, the caption of which indicates that it is brought by Paul J. Rosenbaum pro se and Juliette L. LaMontagne, a minor, against Claire LaMontagne, Robert Whitten, Joseph Connolly and Norman Bernstein. Jurisdiction of this court is asserted on the basis of 28 U.S.C. § 1343 for a cause of action which is alleged to have arisen under 42 U.S.C. § 1983. The complaint rec...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS COUNT I AND HOLDING A DECISION AS TO COUNT II IN ABEYANCE I. Defendant, Adamo Wrecking Company, is charged in a superseding indictment with violating the Clean Air Act of 1970,1 in connection with the demolition of a building at 2612 Carter, Detroit, Michigan. Count I alleges that defendant did “knowingly cause the emission of as...
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OPINION This case involves a habeas corpus petition brought by Joseph A. Furey pursuant to 28 U.S.C. § 2241 et seq. Furey was indicted, tried and ultimately convicted (by a jury) on September 28,1972 in the Superior Court of New Jersey, Law Division, of the following crimes: (1) conspiring to purchase, obtain, and act upon the granting of amusement game licenses for personal gain (Indictm...
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OPINION Plaintiff, National Starch & Chemical Corporation, the purchaser of 25,550 *1178 bags of tapioca flour shipped from Bangkok aboard the SS Hermione, brings this action against the defendant, Amber Maritime Corp., the time charterer of the vessel, to recover for cargo damage and nondelivery of a portion of the shipment. Thai Tapioca, Ltd. of Bangkok there delivered...
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MEMORANDUM AND ORDER This is a motion by the government for summary judgment. The defendant has interposed a cross-motion for summary judgment. Fed.R.Civ.P. 56. The material facts in the case are not in controversy. *1065 This case involves a dispute regarding the obligations of the defendant, Vincent J. Cuti, an attorney of the State of New York, as escrow agent, re...
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MEMORANDUM & ORDER Following a decision of the Circuit Court of Appeals remanding this case “for further consideration of [plaintiff’s] motion for a preliminary injunction in conformity with [said Court’s] opinion” (502 F.2d 631, 638 (2d Cir. 1974)), plaintiff renewed its motion for a preliminary injunction reinstating him as a teacher in the New York City public schools. *1362The facts are set fo...
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This three-judge court was convened to consider a doctor’s attack on certain aspects of the procedure pursuant to which the state’s Board of Medical Examiners (the Board) revokes a license to practice medicine. Sought, inter alia,, is permanent injunctive and declaratory relief against provisions allegedly defective under the fourteenth amendment’s due process clause. The plaint...
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OPINION The defendants are charged with offenses growing out of an alleged bank burglary. They have filed motions to suppress, asserting that physical evidence was improperly seized and that the taking of their statements violated constitutional rights. A three day hearing was held during which twelve witnesses testified and numerous exhibits were received in evidence. This opinion will c...
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DECISION Placed in the most favorable light to Plaintiff the issue presented by this case is not highly complicated. Assuming arguendo that Plaintiff was removed from his position as Assistant Secretary of Justice in charge of Administration at the Justice Department of the Commonwealth of Puerto Rico, without a hearing and for political reasons, is there a cause of action stated under Federal law...
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ORDER On this 6th day of June, 1975 came on to be considered the Motion for Class Certification Pursuant to Rule 23, Federal Rules of Civil Procedure, filed by the plaintiff, Herbert McClinton, in the above entitled and numbered cause. By his motion, plaintiff seeks to have this Court certify this cause as a proper class action pursuant to Rule 23, Federal Rules of Civil Procedure. As initial p...
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MEMORANDUM OPINION AND ORDER On March 22, 1975, a six-person jury returned a verdict of $180,675.00 in favor of Plaintiff Philip Lund and *11against Defendant Cunard Lines, Ltd. (herein “Cunard”). This case involves a maritime tort. The jury, in answer to questions in a special verdict, held that the Cunard ship ADVENTURER was not unseaworthy but that Cunard was guilty of negligence. The jury also...
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MEMORANDUM OF DECISION In this action by the American Medical Association and others for declaratory and injunctive relief from the enforcement of regulations promulgated by the defendant Secretary of the Department of Health, Education & Welfare, plaintiffs move for a temporary restraining order and a preliminary injunction pending disposition on the merits. Plaintiffs include not o...
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OPINION STATEMENT OF THE CASE Ralph A. Johnson sues in this Court for enforcement of a judgment for $100,000 against Hayes McDole, entered in the Superior Court of California, Humboldt County, on January 28, 1974. The California judgment was rendered against McDole pursuant to a cross- *1199 claim filed by Johnson in the suit entitied Martin Rovai Jr., et al v. Ralph A. Johns...
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Douglas, presently confined in the Maryland House of Correction, seeks habeas corpus relief in this Court for the third time after two previous unsuccessful quests. 1 Douglas was convicted on February 19, 1969 of common law robbery after a jury trial in the Criminal Court of Baltimore, Judge Solomon Liss presiding. On March 3, 1969, Judge Liss denied Douglas’ motion for a new trial a...
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*222 MEMORANDUM OF DECISION AND REMEDIAL ORDERS Table of Contents I Introduction........................................... 222 II Prior Proceedings...................................... 224 III Findings and Conclusions .............................. 227 A. Plans submitted by the Parties....................... 228 B. General Principles Governing Remedy.......
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MEMORANDUM OPINION This action was filed by the named plaintiffs individually and as class representatives seeking declaratory and injunctive relief as well as damages to redress the deprivation of rights secured and protected by 49 U.S.C. § 5(2)(f), 29 U.S.C. § 185(a), 42 U.S.C. § 1985(3), and 28 U.S.C. § 2201. Jurisdiction of this action is based on 28 U.S.C. § 1331 (b), 28 U.S.C. § 133...
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MEMORANDUM OPINION This is a petition for a writ of habeas corpus. On October 8, 1970, at approximately 12:00 Midnight, the car in which petitioner was a passenger was stopped for speeding by a radar unit of the Portsmouth, New Hampshire, Police Department. When petitioner alighted from the vehicle, a police officer noticed that he had a small American flag patch sewn onto the sleeve of his j...
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OPINION This suit arises out of a collision that occurred on Thanksgiving evening, November 23, 1972, between the scow COEN 40, which was in tow of the tug HUNTINGTON, and a sunken stake-boat.X In September 1973 the original plain-tiff, Richard Seeley, chief engineer aboard the HUNTINGTON, instituted an action, pursuant to 46 U.S.C. § 688, against that vessel’s owners and operators, ...
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On February 7, 1970, the ANTONIO DEMADES, a 700 foot cargo ship owned by the defendant, Anthony Shipping Co., Ltd., then under lump-sum charter to the Hugo Neu Corporation, and carrying over 25,000 tons of steel scrap, sank in the North Pacific on its way to Japan. The cargo owner, Yawata Iron & Steel Co., Ltd., brought suit in the Southern District on February 3, 1971, claiming the shipowner w...
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MEMORANDUM By application dated April 28, 1975, defendant International Business Machines Corporation (hereinafter IBM) has asked this court for a rule 16 order stating the ready issues for trial in this action. Plaintiff, in response, urges the court to deny the request. For the reasons set forth below, the court is constrained to deny defendant’s application. Rule 16 provides as follows: Pre-T...
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MEMORANDUM OPINION AND ORDER Plaintiffs are commercial fishermen and residents of the villages on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke and Collington. They ply their trade by hauling seine nets onto the beaches of North Carolina’s Outer Banks as their ancestors have done for centuries. In 1958 some seventy-five miles of beaches along the Atlantic coast of Bodie, Hatteras...
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MEMORANDUM AND ORDER Plaintiffs are residents of Wilkes-Barre, Pennsylvania, who owned property which was acquired by the defendant Redevelopment Authority of the City of Wilkes-Barre pursuant to a federally-assisted urban renewal program in South Wilkes-Barre in July of 1973. In this suit, they challenge the legality of their being denied, in connection with that acquisition, an allowanc...
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ORDER DENYING MOTION TO REMAND This matter involves the motion of the plaintiffs, Mrs. Oleta Gravitt, individually and as Executrix of the Estate of T. O. Gravitt, Deceased, Michael Gravitt, Patrick Gravitt, and James H. Ashley, to remand this cause to the 166th Judicial District Court of Bexar County, Texas. The lawsuit was initially instituted by the above named plaintiffs on N...
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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. This litigation is comprised of five actions pending in three different districts : three in the Western District of Missouri, one in the Southern District of Indiana and one in the Southern Distr...
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MEMORANDUM ON MOTION FOR DISMISSAL OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT. The plaintiff presses a claim against the United States for failure of an Occupational Safety and Health Administration compliance officer to follow up a safety violation citation regarding a trench on a construction site at which the employer of the plaintiff’s decedent was installing a sewer line in Omaha, Ne...
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OPINION On September 4, 1973, an opinion was issued in this case, CCH Fed.Sec.L.Rep. [1973 Transfer Binder] ¶ 94,137 (S.D. N.Y.1973) (Faim /), dismissing several of eighteen named defendants for lack of personal and subject matter jurisdiction. Plaintiffs, Faim Information Services, Inc. (“Faim”), W. G. Borchert Associates, Inc. (“Associates”), and Vernon Pope, Inc. ...
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MEMORANDUM Defendants have applied for reduction or modification of the judgments of conviction previously imposed on them. They were convicted in April 1971 of conspiracy to sell cocaine. Recently they testified for the government at the trial of a co-conspirator, Robert Bennett Schwartz, who was sentenced last week. The time to apply for a reduction of sentence under F.R.Cr.P. 35 h.as long since...
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OPINION We have before us two motions. The first, by third-party defendant FMC Corporation (“FMC”), seeks to set aside the jury’s verdict in this case, pursuant to Fed.R.Civ.P. 59. The second, by defendant-third party plaintiff Robert Timpany, as Trustee for the Central *92Railroad of New Jersey (“CNJ”), seeks indemnification against FMC. On December 9, 1969 at about 5:30 P.M. plaintiff Robert J....
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*1009 OPINION Plaintiffs bring this action challenging what they term the failure of New York State and City officials to implement a mandatory, comprehensive preventive health care program, known as Early and Periodic Screening and Diagnosis Treatment (“EPSDT”), for Medicaid-eligible children under twenty-one years of age. They seek a declaratory judgment that the defendants, wh...
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MEMORANDUM AND ORDER Defendant in this diversity breach of contract action has moved for a Rule 12(b)(6) order dismissing seven counts of the nine count complaint—or in the alternative for summary judgment on such counts—on the ground that they fail to state claims upon which relief may be granted. Plaintiff cross moves for partial summary judgment on the remaining two counts, on the ground tha...
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OPINION and ORDER In an Opinion and Order filed May 30, 1975 (doc. 22), this Court granted defendant Mountain States Development Corporation’s motion to transfer Case No. C-l-74-516 to the United States District Court for the Eastern District of Tennessee, Northern Division, at Knoxville, Tennessee. In that Opinion and Order we inadvertently failed to rule on a similar motion which had been filed ...
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394 F. Supp. 805 (1975) Tyrone Kenneth JACKSON, P-0844. v. Stewart WERNER, Commissioner, Bureau of Corrections, and James Howard, Superintendent, State Correctional Institution at Pittsburgh, Pennsylvania. Civ. A. No. 75-359. United States District Court, W. D. Pennsylvania. June 4, 1975. Joel S. Perr, Pittsburgh, Pa., for plaintiff. Frederick R. Nene, Asst. Atty. Gen., Pittsburgh, Pa., for defen...
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MEMORANDUM OPINION This matter is before me on a petition presented by Vincent A. DiStazio, as petitioner and Special Agent for the Internal Revenue Service, to enforce his summons requesting certain corporate documents in possession of the respondents, Waltman Furniture Company, Chicora, Pennsylvania, and Vernon F. Waltman, as its president. The president respondent refuses to fully comp...
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MEMORANDUM Bobby Carl Inge, a Virginia prisoner currently on parole, brings this petition for a writ of habeas corpus in which he challenges his 1962 and 1965 convictions in the Corporation Court for the City of Newport News, Virginia — now the Circuit Court for the City of Newport News — on the grounds that in both instances he was denied due process of law. More specifically, petitioner conte...
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OPINION AND ORDER Plaintiffs, Ralph W. Johnson and Hazel F. Johnson, partners trading as Johnson Wholesale Merchant Company, are citizens of Virginia who brought this action against defendant, McKee Baking Company, a Tennessee corporation, on October 3, 1974, for $250,000 compensatory - damages and $1,000,000 punitive damages. The jurisdiction of this court has thus properly been invoked ...
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DECISION AND ORDER On April 11, 1974 defendant Julius James Nash was charged by a grand jury with two counts of knowing receipt, possession and transportation in commerce of a firearm by a convicted felon, in violation of Title 18 Appendix, § 1202 (a)(1), United States Code of Laws. The subject weapons are two revolvers which were seized from defendant’s residence by a City of Milwaukee police off...
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MEMORANDUM OPINION The petitioners in this habeas corpus proceeding, Negro males named Maurice Sanford and Jim Johnson, are incarcerated in the Cummins Unit of the Arkansas Department of Correction pursuant to their conviction for rape in St. Francis County Circuit Court after a jury trial in October, 1969. 1 They challenge their conviction on the ground that county officials purposely and sy...
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ORDER DENYING DEFENDANTS’ MOTION FOR A PROTECTIVE ORDER Defendants have moved for a protective order staying discovery pending this Court’s disposition of defendants’ potential motion to dismiss or for summary judgment. Plaintiff has propounded 16 interrogatories to defendants. Defendants’ motion for a protective order was filed on April 4, 1975; as of this date, no motions to dismiss or for summ...
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MEMORANDUM OF DECISION William Peterson, the acknowledged father of an illegitimate child receiving Aid to Families with Dependent Children (AFDC) 1 benefits, challenges the constitutionality of Connecticut’s plan implementing the federal AFDC program insofar as that plan requires him to pay caretaker expenses for his child’s mother. 2 Under 42 U.S.C. § 1983, 28 U.S....
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ORDER This matter came on for pre-trial hearing on May 8, 1975. Pending are: Defendant’s motion to dismiss the claim of discrimination based upon sex; and plaintiff’s motion for summary judgment as to the sex discrimination claim. At the pre-trial hearing it was agreed that the issue as to that claim might be treated as being the subject of cross-motions for summary judgment. The plaintiff ...
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OPINION AND ORDER On December 6, 1974, B. C. Christopher & Co. filed a notice of appeal in this Court from an order of the Bankruptcy Judge entered in the above-entitled cases on November 27, 1974, ordering the Trustee to pay to Harrisburg Production Credit Association certain sums of money. A motion to dismiss the appeal of B. C. Christopher & Co. was filed by Harrisburg Production Credi...
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MEMORANDUM AND JUDGMENT ORDER This cause comes on to be heard after a trial before a jury and a verdict by the jury finding Margaret Roll not guilty and finding Green Acres Farm, Inc. guilty and assessing plaintiff Arthur J. Allen’s damages at $40,000.00. At the end of the plaintiff’s case both defendants moved that the Court direct *443a verdict for each of them. The Court took the motion of the...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT Plaintiffs Tessie Witt and Nassar Ramin Bral seek review of a decision of the Secretary of Labor denying an application for alien employment certification pursuant to Section 212(a) (14) of the Immigration and Nationalization Act, 8 U.S.C. § 1182(a)(14) (“the Act”). Having exhausted their administrative remedies, plaintiffs have brought the pre...
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Recommendations of the Panel to the Full Court Maurice Braverman, who was disbarred from practice in our court in 1957, seeks reinstatement as a member of its bar. His application was referred *802to this panel for hearing and for recommendation to the full court. In 1952 Braverman and five codefendants were found guilty by a jury in this court of conspiracy to violate the provisions of Section ...
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394 F. Supp. 1022 (1975) Samuel E. HALEY, Jr., Petitioner, v. UNITED STATES of America, Respondent. No. 74 CV 394 W-4. United States District Court, W. D. Missouri, W. D. June 3, 1975. *1023 Reginald C. Giffin, Kansas City, Mo., for petitioner. Robert G. Ulrich, Asst. U. S. Atty., Kansas City, Mo., for respondent. MEMORANDUM AND ORDER ELMO B. HUNTER, District Judge. This is a motion under the pr...
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397 F.Supp. 256 (1975) Brenda SMITH, Plaintiff, v. ANCHOR BUILDING CORPORATION, Defendant. No. 73 C 469(3). United States District Court, E. D. Missouri, E. D. June 3, 1975. Samuel H. Liberman, Liberman, Baron & Toldsteon, St. Louis, Mo., for plaintiff. Larry B. Luber and John P. Emde, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendant. MEMORANDUM WANGELIN, District Jud...
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MEMORANDUM Plaintiff has moved for summary judgment in each of the above three in rem actions which were instituted pursuant to the Federal Food, Drug and Cosmetic' Act, 21 U.S.C. § 301 et seq. The defendants are dead swordfish. Each action is substantially the same except for the identity of the defendant and each will be treated similarly for purposes of this m...
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MEMORANDUM Plaintiffs bring this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201, seeking declaratory and injunctive relief, to restrain defendants from enforcing a New York City ordinance requiring the licensing of cabarets and catering establishments on the ground that such ordinance is unconstitutional on its face and as applied. 1 Plaintiff Merco Properties, Inc. (“Merco”) is t...
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MEMORANDUM DECISION Counsel representing (1) Harry Berg, a claimed creditor of Manhattan Casualty Company (hereinafter “Manhattan”), (2) Florence H. Brandenburg, Executrix of the Estate of Matthew H. Brandenburg, deceased, in her capacity as sole shareholder of Manhattan, and (3) Harry Berg and Florence H. Brandenburg on behalf of themselves and others as taxpayers of the State of New Yor...
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Arthur Kinoy (“Kinoy”), an attorney, and his daughter and client, Joanne *4Kinoy1 brought this action in 1970,2 seeking civil damages, injunctive and declaratory relief, and invoking this Court’s jurisdiction pursuant to 28 U.S. C. §§ 1331, 1343(4), and 1346. In the single cause of action which now remains in their amended complaint,3 they allege that over a substantial period of time defendants, ...
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MEMORANDUM AND ORDER This diversity action is presently before the court on motions to dismiss filed by each defendant. In determining motions to dismiss the court must view the facts in a light most favorable to the plaintiff. Melo-Sonics Corporation v. Cropp, 342 F.2d 856 (3rd Cir. 1965). The plaintiff contends that it entered into an oral contract with the defendant, Advanced Mortgage Corporat...
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OPINION AND ORDER This complaint was filed on August 30, 1973. In it plaintiff alleges that on May 23, 1973 while she was in her own vehicle, riding as a passenger, she was injured when said car was struck by a 1973 Ford LTD operated by Juan J. Garcia, who had leased said vehicle from the defendants Puerto Rico Cars, Inc. and Hertz Rent-A-Car, which were the owners thereof. As a result of...
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OPINION This is a class action 1 for declaratory and injunctive relief to require the defendant, Casper Weinberger, Secretary of Health, Education and Welfare, to afford plaintiffs Joseph Saurino, Albert Silva and other members of their class their alleged right to pretermination hearings under Goldberg v. Kelly, 397 *994 U.S. 254, 90 S.Ct. 1011, 25 ...
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OPINION and JUDGMENT Herbert Levi Ferguson, petitioner, has filed a petition for a writ of habeas corpus challenging the validity of his conviction for breaking and entering with intent to commit larceny by the Circuit Court of Buena Vista on November 3, 1971. Although petitioner has served his jail sentence of four years, he is currently detained pursuant to a recidivist conviction by the Circuit...
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This is a civil action for declaratory and injunctive relief. Jurisdiction is invoked pursuant to 42 U.S.C. § 1983. The amount in controversy is alleged to exceed ten thousand dollars exclusive of interest and costs. Plaintiff seeks a declaratory judgment holding that, both as to form and result, the procedures by which he was denied tenure as a member of the faculty of the University of W...
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ORDER Petitioner, an inmate at Florida State Prison, Starke, Florida, seeks federal *1046habeas, corpus relief pursuant to 28 U.S. C. § 2254. In 1969, petitioner, along with two others, was tried in the Circuit Court of Duval County, Florida, for the slaying of Sidney Parnell. Parnell’s death occurred during the 1968 robbery of the Ribault Grocery Store in Duval County, Florida. After trial by jur...
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FINDINGS OF FACT, 1 CONCLUSIONS OF LAW, AND FINAL JUDGMENT FOR DEFENDANT ON BOTH COUNTS This is an action for injunctive relief and damages by a former employee of the defendant. In each of two separate counts, plaintiff, a Negro female, seeks to recover damages, including loss of wages and other benefits, and injunctive relief, as a result of the alleged intentional and wrongf...
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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. WEI-GEL, Judges of the Panel. I. Background of the Litigation On December 19, 1974, the United States filed two criminal actions and three civil injunctive actions in the Northern District of Ca...
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MEMORANDUM Seth E. Blackwell, Sr., an inmate at the Nebraska Penal and Correctional Complex, has petitioned this court for a writ of habeas corpus. He was sentenced to life imprisonment by the District Court of Lancaster County, Nebraska, on January 6, 1968, following his conviction of second degree murder. In his amended petition filed in this court on April 12, 1974, the petitioner alleges th...
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MEMORANDUM OPINION This case involves a complaint for declaratory judgment filed by the plaintiff, Concha Montoya, individually and as next friend of David Montoya, a minor, against the defendant, Dairyland Insurance Company concerning the coverage and rights of the plaintiff under an uninsured motorist endorsement to plaintiff’s automobile insurance policy issued by the defendant. ...
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MEMORANDUM AND ORDER Cross-motions for summary judgment have been filed. The relevant facts are not in dispute, and the matter is appropriate for disposition on the cross-motions. The government’s motion will be granted and plaintiff’s denied. The sole issue in this case is whether the doctrine of Feres v. United States, 340 U.S. 135, 146, 71 S.Ct. 153, 95 L.Ed. 152 (1950), precludes plaint...
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*1351 MEMORANDUM AND ORDER Presently before the Court are motions by the Government to hold the two above named witnesses in civil contempt. Ralph Di Piero was served with a subpoena to appear and testify before a Grand Jury impaneled in the Eastern District of Pennsylvania. When Mr. Di Piero appeared before the Grand Jury on April 28, 1975, he refused to supply a requested handwriting exempl...
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MEMORANDUM Aubrey H. Thompson brings this action under Section 205(g) of the Social Security Act, as amended 42 U.S.C. § 405(g), to review a final decision of the Secretary in which it was held as a matter of law that the actual expenses he incurred as a city councilman could not be excluded from his gross income in determining “excess earnings” for the purpose of imposing deductions on his old...
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ORDER RELATIVE TO MOTIONS TO STRIKE AFFIRMATIVE DEFENSES By amended complaint defendant has raised various affirmative defenses to plaintiffs’ claim. In its memorandum in opposition to the motions of plaintiffs and intervenors to strike certain of the affirmative defenses, defendant voluntarily withdrew the pro rata (Murray Credit) and pro tanto defenses set forth in subparagraphs 10(b)(1...
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ORDER This is a proceeding for writ of habeas corpus in which the petitioner challenges his convictions in cases numbered 29329, 29330 and 29331, in the District Court of Oklahoma County, Oklahoma. At the time this action was commenced the petitioner was incarcerated in the Oklahoma State Penitentiary at McAlester, Oklahoma. Although it is indicated from an Entry of Appearance filed with the court...
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*1382 MEMORANDUM OPINION Plaintiff herein brings suit alleging violations of his first and 14th amendment rights, and further violations of his civil rights. He claims monetary damages pursuant to 42 U.S.C. § 1983, as well as injunctive relief. Statement of Case: Plaintiff, William F. Stewart, was an instructor at the George C. Wallace Technical Community College, located in Cullman County, Al...
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MEMORANDUM OPINION AND ORDER This case concerns the constitutionality of certain Air Force regulations which limit the right of Air Force members to circulate petitions. The cause came on for hearing on cross-motions for summary judgment on May 13, 1975. Having considered the pleadings, the affidavits, the memoranda of points and authorities, and oral argument, for the reasons hereinafter state...
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*312 RULING ON DEFENDANTS’ MOTION TO DISMISS This motion to dismiss challenges the questionable procedures employed by the government’s attorney to secure a second indictment against the defendants. The prosecutor obtained the present indictment by submitting to the grand jury written transcripts of a witness’s testimony before a prior grand jury, and by informing the second grand jury that h...
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MEMORANDUM OPINION AND ORDER WILLIAMSON TOWING COMPANY, a Mississippi corporation doing business in Illinois, filed a Third Party Complaint pursuant to Rule 14(c) of the Federal Rules of Civil Procedure against the State of Illinois on March 20, 1974. Plaintiff seeks compensation for any judgment rendered against it for losses resulting from the January 28, 1973 collision of a flotilla of twelve ...
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Plaintiffs in this case alleged violations of the Securities Act of 1933, 15 U.S.C. §§ 77a-aa, the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a-hh, the Maryland Securities Act, 3 Md.Code Ann. art. 32A, §§ 13-44 (1971 Repl.Vol.), and of common law fraud principles. Defendants denied liability and stated a counterclaim grounded in the 1934 Act and common law fraud. After a lengthy jury trial...
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MEMORANDUM AND ORDER This action arises out of a dispute over an option to purchase land. The plaintiffs (sellers) filed this suit seeking a declaratory judgment relieving them from any obligation under the alleged option contract. The defendants (buyers) counterclaimed for specific enforcement of the contract and together with the defendant real estate agent seek damages. The matter is now bef...
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MEMORANDUM AND ORDER The indictment charges the defendant with three counts of wilfully and knowingly filing a joint income tax return for the calendar years 1969, 1970, and 1971 which he did not believe to be true and correct in every material matter, in violation of 26 U.S.C. § 7206(1). Defendant has moved the court for an order suppressing all statements made by him to IRS agents and all eviden...
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OPINION Plaintiff, Makress Lingerie, Inc., by Order to Show Cause, has applied for an order permanently staying arbitration of the validity of a Settlement Agreement between it and defendants. The Order to Show Cause, with a temporary stay of arbitration, was signed on April 16, 1975, the day before arbitration was to commence. Oral argument was held on April 22, and the temporary stay wa...
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OPINION The defendant, Andres Roman, was indicted, 73 Cr. 977, and charged in one count with possession with intent to distribute narcotic drug controlled substances, 21 U.S.C. §§ 812, 841(a)(1) & 841(b)(1). Roman waived a jury and I began the trial on November 11, 1974. Although there has been no request under Rule 23(c) F.R.Cr.P. that I find the facts specifically, I believe it is only fair to ...
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MEMORANDUM Defendants’ attorneys, Messrs. Phillips, Nizer, Benjamin, Krim & Ballon (“Phillips, Nizer”) for Louis Nizer and Messrs. Satterlee & Stephens for Doubleday & Company, Inc. (“Doubleday”), each move for costs and attorneys’ fees for services rendered and disbursements. 17 U.S.C. § 116. Phillips, Nizer applies for $12,999.62 in attorneys’ fees and *64 $593.26 in disbur...
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OPINION AND ORDER This matter is before us on the motion of defendant, Mountain States Development Corporation (Mountain States), to transfer the case to the United States District Court for the Eastern District of Tennessee, Northern Division, under 28 U.S.C. § 1404(a). Plaintiff, Artisan Development (Artisan), Division of Kaiser Aetna, filed a memorandum contra (doc. 10) to which defendant re...
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MEMORANDUM Plaintiff brought this action seeking to enforce an agreement reached between defendant Butcher & Sherrerd and the Securities and Exchange Commission. The complaint alleges that on or about November 26, 1971, the S.E.C. initiated hearings into whether Butcher & Sherrerd, a partnership acting as broker in the purchase and sale of securities, had violated the securities laws in c...
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MEMORANDUM Plaintiffs, trustees of the bankrupt Penn Central Transportation Company (“PCTC”), allege that defendants conspired and acted in violation of the Securities Act of 1933 (’33 Act), 15 U.S.C. § 77a et seq., the Securities Exchange Act of 1934 (’34 Act), 15 U.S.C. § 78a et seq., and the Investment Advisors Act of 1940, 15 U.S.C. § 80b-l et seq. Defendant Penphil has moved, pursuant to F. ...
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MEMORANDUM AND ORDER Plaintiff, a Delaware corporation, has brought this diversity action against defendant, a Pennsylvania corporation, *220seeking judgment on a four hundred thousand dollar ($400,000.00) note, together with interest and costs, and to foreclose on a mortgage which secures that debt.1 On October 12, 1972, plaintiff, defendant, and Westinghouse Electric Corporation (“Westinghouse”...
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MEMORANDUM AND ORDER On January 31, 1975, this Court certified the plaintiff, Janet Manning, as the representative, under Federal Rule 23(b)(2), of a class of all those who have been, or will be, denied their rights under 15 U.S.C. § 1638 (the “Truth-in-Lending Act”) by defendant Springfield Dodge. This Court then entered summary judgment on behalf of plaintiff and her class, and at the same ti...
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MEMORANDUM AND ORDER Plaintiff is a World War II (WW II) veteran who in 1945 received a bad conduct discharge following his trial to a general court-martial on a charge of being absent without leave. The complaint alleges that he is in need of medical care as a result of rheumatoid arthritis, a condition which he either contracted or aggravated while on active duty during WW II, and which...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of the defendants Jack Edell and Richard Kluth to set aside a default and the motion of the plaintiff Leonard Hamilton for a default judgment. For the reasons stated herein, we will grant the defendants’ motion to set aside the default and deny the plaintiff’s motion for a default judgment. On November 20, 1972, the plaintiff, a...
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OPINION This is a patent infringement proceeding filed by plaintiff and with jurisdiction existing pursuant to 28 U.S.C.A. § 1338(a). The Court has afforded the parties a full and complete trial and has considered the briefs and argument of counsel. Based thereon, it is the considered judgment of the Court that no basis exists for concluding that there has been any infringement by defendant to ...
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*1358MEMORANDUM DECISION In this ease for damage to property caused by an explosion of natural gas, the jury returned its verdict in favor of the plaintiffs and against all three defendants. The jury apportioned liability as follows: Central Telephone & Utilities Corporation (Cengas), 45%; Hood Corporation, 35%; and Black & Veatch Consulting Engineers, 20%. Each defendant cross-claimed against th...
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MEMORANDUM OPINION Plaintiffs move this Court for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting plaintiffs the relief sought in their complaint. Plaintiffs seek declaratory and injunctive relief to prevent the defendants from enforcing the durational *3 residency requirements of S.D.C.L. § 28-13-3 (1967), which specify one year residence in the state a...
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MEMORANDUM OPINION: This case comes before the court on stipulated facts and cross motions for summary judgment. It is an action for the recovery of federal income taxes paid to the Internal Revenue Service for the taxable years 1968, 1969, and 1970, plus interest. The court has jurisdiction over the action and parties pursuant to 28 U.S.C. § 1346(a)(1). The Trinity River Authority of Texas, cre...
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MEMORANDUM OPINION and ORDER Plaintiff Michael Ransom brings this suit under 42 U.S.C. § 1983, asking that a three-judge court be convened pursuant to 28 U.S.C. §§ 2281 and 2284 to consider his constitutional challenges to certain Virginia statutes pursuant to which judgments are entered against convicted indigent criminal defendants for the expense of their court-appointed attorneys in state cour...
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MEMORANDUM Homer A. Catron brings 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 in which it was held that he was not entitled to disability benefits upon an application filed May 14, 1973. The sole issue before the Court is whether final decision of the Secretary is based upon substantial evidence. See 42 U.S.C. § 405(g)...
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MEMORANDUM Mabel W. Andrews brings 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 in which it was held that she was not entitled to disability benefits upon an application filed September 12, 1972. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 U.S....
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In this action plaintiff, a member of the teamsters union for over thirty years, seeks pension benefits from the defendant pension fund. The fund has denied his application for benefits on the ground that he was self-employed between 1956 and 1965, that this constituted a break in service resulting in the loss of all service credit for work performed prior to the break, and that as a result plain...
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MEMORANDUM AND ORDER Habeas petitioner Karstetter has moved this Court for an order nunc pro tunc approving the filing of his notice of appeal on January 30, 1975. The order appealed from was entered on December 3, 1974. Counsel for petitioner has advanced, as the reason for his delay in filing the notice, the fact that the majority of his practice “constitutes criminal matters wherein th...
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MEMORANDUM OPINION This case involves a dispute between a former senior partner of Sidley & Austin (S&A), a Chicago law firm, and some of his fellow partners. The controversy centers around the merger between that firm and another Chicago firm, Liebman, Williams, Bennett, Baird and Minow (Liebman firm), and the events subsequent to the merger which ultimately led to plaintiff’s resignatio...
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RULING ON DEFENDANTS’ MOTION TO DISMISS This case poses difficult problems in federal-state relations engendered by the ever-widening scope of the doctrines enunciated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). It also requires the Court to assess tenants’ rights and Housing Authority responsibilities in light of the developing case law since Escalera v. New York Ci...
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MEMORANDUM OF DECISION ON DEFENDANT’S MOTIONS This case presents the question of the propriety of exercising pendent jurisdiction over a usury claim arising under state law, when the primary claim is based on alleged violations of federal truth-in-lending law. The suit results from an open-end credit agreement between plaintiff, a citizen of the State of Connecticut, and defendant, an Ill...
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RULING ON PETITION FOR PRELIMINARY INJUNCTION The petitioner seeks a preliminary injunction, under § 10(J) of the National Labor Relations Act, 29 U.S.C. § 160(l), 1 to halt the picketing currently being conducted by the respondent at the Hartford, Connecticut, locations of Purolator Security, Inc. A hearing was held on May 12, 1975; and the parties have submitted briefs as...
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MEMORANDUM OPINION I. BACKGROUND On September 20, 1974, in the federal district court for the Southern District of Florida, Naviera Tabago S.A. and Compañía Naviera Malaguana S.A., charterer and owner of the vessel S/S PAPILLON, brought an action in rem and in personam for sale of the defendant vessel SPRIGG CARROLL, and judgment against the defendants for damages. According to the complaint, the...
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This is a tax refund suit brought under 28 U.S.C. § 1346(a)(1) in which the plaintiffs seek to recover income taxes paid pursuant to a deficiency assessment for the calendar year 1963. Mr. James R. Haley is the interested taxpayer and for purposes of this opinion will be referred to as the taxpayer; Mrs. Doris Haley, his wife, is a party to this action only because she and her husband filed a joi...
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ORDER Pursuant to the order of February 21, 1975, the parties filed supplementary briefs on the issue of whether this suit was properly brought in this district pursuant to the provisions of 28 U.S.C. § 1391(a) and (c), and, additionally, whether dismissal or transfer is warranted under either 28 U.S.C. §§ 1404(a) or 1406(a). From those briefs, it is apparent that all parties concur in th...
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MEMORANDUM OF DECISION AND JUDGMENT This action was brought by the Government to recover statutory penalties for alleged violations by the defendant of the Hours of Service Act, 45 U.S.C.A. §§ 61-64, in keeping railroad employees on duty in excess of the statutory maximum hours. The court granted motions to intervene as plaintiffs filed by the United Transportation Union and the Brotherhood of Lo...
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COURT’S ACTION ON DEFENDANT’S MOTION TO DISMISS COUNTS TWO AND THREE This case is before the Court on the defendant’s “Motion to Dismiss Counts Two and Three’’ which was filed one week before the date set for trial. In Counts II and III the defendant is accused of transporting stolen goods in interstate commerce in violation of 18 U.S.C. § 2314. In pertinent part 18 U. S.C.A. § 2314provides: Whoev...
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OPINION Plaintiff seeks injunctive relief in order to prevent the United States Forest Service of the Department of Agriculture from spraying by helicopter approximately 84 acres of the Ottawa National Forest in Ontonagon County, Michigan with a mixture of the chemical defoliants 2,4D and 245-T. 1 Upon plaintiff’s petition, and in order to preserve the status quo pen...
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MEMORANDUM OPINION This is another in a long line of cases in which this court has been required to interpret various aspects of the Mississippi Long Arm Statute. 1 The precise issue raised today is whether the statute can be utilized in an action for the wrongful death of a nonresident decedent, where the plaintiff is a Mississippi resident suing as administrator of the de...
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MEMORANDUM This matter comes before the Court for decision subsequent to a hearing held from May 12, 1975 to May 23, 1975. Jurisdiction is founded under 7 U.S.C. § 1621 et seq., 28 U.S.C. § 1331, 5 U.S.C. §§ 702 and 706, and 28 U.S.C. § 1337. In this action, filed April 1, 1975, plaintiffs seek declaratory and injunctive relief from the promulgation and enforcement of Depa...
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MEMORANDUM Plaintiff United States sues for civil penalties administratively adjudged by the Coast Guard for one alleged and one admitted oil spill from defendant’s tank barge in March and May 1973, respectively. Upon facts largely undisputed, the court has cross-motions for summary judgment posing issues of administrative procedural law. The case arises under § 311(b) of the Federal...
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OPINION AND ORDER Plaintiff, a seaman marine engineer, brought this action under the Jones Act, 46 U.S.C. '§ 688, and the general maritime laws to recover damages for personal injuries and maintenance and cure. *204 He alleges his injuries were caused on June 14, 1974 by the negligent operation of the M/V Tri-State and its unseaworthiness when the barges in tow ran into a can...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter was tried before the Court without a jury on May 13 and 14, 1975. Plaintiff alleges she was assaulted and raped by another passenger on Seaboard Coastline Railroad train No. 83 near Florence, South Carolina, on June 3, 1972, and asserts that defendants failed to provide the highest degree of care to protect her from such attack an...
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Memorandum Opinion The above-styled-and-numbered cases were consolidated for purposes of discovery and trial on April 29,1974. Although there are slight variations in the facts in each, they are all essentially the same case, arising as they do from the same set of facts. The facts, which are virtually uncontested, are as follows. On August 1, 1962, Fannin Bank acquired from Garth Bates & Co. i...
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OPINION and JUDGMENT Joseph Howard Donovan, petitioner, has filed a petition for writ of habeas corpus with this court. Petitioner is currently serving a sentence of ten years in the state penitentiary. Petitioner was convicted for attempted rape, entered in the Circuit Court for Rocking-ham County, Virginia. Petitioner is presently detained at the Powhatan Correctional Center. Petitioner challeng...
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*934FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff having filed its complaint for declaratory and injunctive relief herein on April 21, 1975 and having on said date moved this Court for preliminary injunction and for advancement of trial and consolidation, and this Court having scheduled said motions for hearing on May 5, 1975, and thereafter continued said hearing to May 12, 1975 at the hour ...
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MEMORANDUM OPINION AND ORDER This is an action by the State of Colorado on the relation of its State Banking Board and State Bank Commissioner for a declaratory judgment and permanent injunction. Plaintiff claims that defendant First National Bank, Fort Collins, is conducting branch banking operations contrary to both Federal and Colorado law at its 3000 South College location, and the de...
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*435 ORDER ON MOTIONS OF THE PARTIES FOR SUMMARY JUDGMENT I The Litigation In this action brought under the Civil Rights Act of 1871 Herman Diamond seeks damages against the defendants, Sergeant Horace Case and Officer Mike Argust of the Chatham County Police' force and Dr. Frederick C. Marland and Rangers E. D. Maxwell and R. M. Cassidy who are employed by the Geor...
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MEMORANDUM Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for review of a final decision by the Secretary of Health, Education, and Welfare denying her claim for disability insurance benefits. Plaintiff claims that the Secretary’s decision finding no disability is not supported by substantial evidence. Both sides have moved for summary judgment. Alternatively, plaintiff has moved f...
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MEMORANDUM AND ORDER ON MOTION FOR STAY PENDING APPEAL AND ORDER PRESCRIBING TIME FOR PAYMENT The court’s order dated May 2, 1975 directed the city defendants to pay the four masters appointed under order dated February 7, 1975 for their services, in accordance with the rates of compensation set out in the latter order. The school committee has moved for a stay of the May 2 order, pending appea...
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*311 OPINION This matter is before the Court on defendants’ motion to dismiss the complaint, or, in the alternative, for summary judgment. The plaintiff alleges discriminatory conduct on the part of the defendants, all of whom are officials of the United States Department of Housing and Urban Development, (HUD), and he seeks both compensatory and punitive damages. It is contended...
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MEMORANDUM ON TESTING PROCEDURES Implementing the principles of Lau v. Nichols, 414 U.S. 563, 94 S.Ct. 786, 39 L.Ed.2d 1 (1974), the court’s consent decree dated August 29, 1974, states the plaintiff class of Hispanic children, whose “English language deficiency prevents them from effectively participating in the learning process and who can more effectively participate in Spanish”, shall recei...
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OPINION Plaintiffs George Dunleavy and James Clifford Wilkins, appearing pro se, bring this action against various state officials to declare Article 16 of New York Correction Law 1 in violation of the Fourteenth Amendment’s due process and equal protection provisions, as well as the Eighth Amendment’s ban on cruel and unusual punishment. They contend that Article 16 fails to p...
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MEMORANDUM AND ORDER In this diversity case, the jury, in answer to interrogatories, found the defendant Construction Electric Company (Construction Electric) negligent and found that its negligence was a proximate cause of a fire which damaged the plaintiff’s factory.1 The jury also found no liability as to the defendant Square D. Company. Presently before the Court is the suggestion of the defe...
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MEMORANDUM OPINION AND ORDER This is an action for damages arising from alleged negligence and breach of contract. 28 U.S.C. § 1332(a)(1). The defendant East Tennessee Natural Gas Company (East Tennessee) filed a third-party complaint against the third-party defendant Anderson-Greenwood and Company (Anderson) for indemnification. The latter moved inter alia, for a summary judgment. * Rule 5...
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*6MEMORANDUM OPINION AND ORDER William Leroy Wright was convicted of murder with malice in 1957, after trial before a jury in the Sixteenth Judicial District Court of Denton County, Texas. He was sentenced by the jury to a term of ninety-nine years. After exhaustion of his state remedies, Wright petitioned this court for the writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Hearing was held on...
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RULING ON PENDING MOTIONS This litigation, consolidated under the multidistrict procedures for pretrial proceedings in this district, involves antitrust claims by purchasers of master key systems against four defendant manufacturers. The cases have been summarized before, see In re Master Key Antitrust Litigation, M.D.L. No. 45 (D.Conn. Aug. 22, 1973), reported at 1973-2 Trade Cases ¶ 74,680, and...
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MEMORANDUM AND ORDER ON MOTION TO RECONSIDER ORDER DENYING MOTION TO DISMISS In a previous order this court denied defendant’s motion to dismiss holding that “the exposure of a juvenile to mandatory treatment as an adult for offenses punishable by (death or) life imprisonment is a liability saved by [1 U.S.C.] section 109,” and that therefore the Juvenile Justice and Delinquency Prevention Act ...
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MEMORANDUM AND ORDER The defendant has been charged on a one count indictment with knowingly receiving a firearm in and affecting commerce after having been convicted of a felony, in violation of 18 U.S.C.App. § 1202(a)(1). The matter comes before the court upon the motion of the defendant to dismiss the indictment on the grounds that his right to a “speedy and public trial” has been denied und...
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OPINION and ORDER Defendant’s motion for summary judgment requires that we determine whether the Social Security Administration, an administrative agency of the United States Government, can be es-topped to deny payment of benefits, when payment would work a result inconsistent with the substantive provisions of the Social Security Act. At issue is the liability of the Administration for ...
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MEMORANDUM OPINION AND ORDER Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The only issue to be decided in this appeal is whether the Secretary’s decision is supported by substantial evidence and if it is, this court mu...
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MEMORANDUM OPINION and ORDER Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The only issue to be decided in this appeal is whether the Secretary’s decision is supported by substantial evidence, and if it is, this cou...
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MEMORANDUM OPINION and ORDER Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The only issue to be decided in this appeal is whether the Secretary’s decision is supported by substantial evidence, and if it is, this court mu...
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OPINION Johnson brings this action, seeking to recover as a member of the crew of the defendant’s barge SNOHOMISH, for personal injuries suffered in a fall aboard that vessel. The resolution of Johnson’s status necessitates exploration of the marginal reach of protection afforded to members of the crew of a vessel under the Jones Act and the general maritime law. The salient facts of...
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ORDER Plaintiff has brought this civil rights action against three bailbondsmen who were licensed by the State of Florida at the time of the alleged violation of plaintiff’s rights. After posting bond for plaintiff's release from custody prior to trial, plaintiff alleges that defendants Blossom and Frierson told him they would withdraw the bond unless plaintiff loaned them $9,700.00. Plaintiff ...
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MEMORANDUM OPINION The defendant, James A. Harvey, is charged with violating the Wire Fraud Statute, 18 U.S.C. § 1343, by use of a device known as a “blue box.” Such a device permits a person to circumvent a telephone company’s billing mechanisms and thus to make free long distance telephone calls. This case is now before the Court on the defendant’s motion to suppress all evidence gained by ...
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OPINION On May 5, 1975 a Petition in behalf of Andrew Jackson Ross was filed in this court under provisions of 28 U.S.C. § 2254 and a transcript of the proceedings in the Arkansas Courts (consisting of 2 volumes) was lodged with this court at the same time. Based upon the instruments filed, this court issued a stay order and directions for a speedy trial. On May 12, 1975 Respond...
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The Father of Waters had been navigated by Indian canoe and pirogue, log raft and paddle wheel, submarine and cargo ship, but it had never accommodated anything the size of the M/V Furness Bridge. On January 15 and 16, 1974, this 965 foot vessel, largest ever to enter the river, 1 attempted to berth at the Bunge docks on the left descending bank of the river near Destrehan. It nudged...
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ORDER DENYING DEFENDANT SAFEWAY STORES’ MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND ALTERNATIVE MOTION FOR A NEW TRIAL This is an action by two employees to recover damages from their employer and their union under the doctrine of Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967). Plaintiffs allege that their employer, Safeway Stores, Incorporated, violated its obli...
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MEMORANDUM AND ORDER ELMO B. HUNTER, District Judge. In this action plaintiff asserts that the defendant Administrator of the Environmental Protection Agency (EPA) is violating the provisions of certain sections of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 135 et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, (FEPCA), 7 U.S.C. § ...
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OPINION This is a defamation action, commenced on July 1, 1970 by William F. Buckley, Jr., seeking damages for an alleged libel contained in a book entitled Wild Tongues. The defendants originally sued were the author of the book, Dr. Franklin H. Littell, and the book’s publisher, The Macmillan Company. The case was tried by the court without a jury. During the trial, Buck...
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MEMORANDUM AND ORDER This action was brought by Terry Sheets against Stanley Community School District No. 2 and the members of the School Board, individually and as members of the School Board. Jurisdiction is premised on 42 U.S.C. § 1983, which provides that any person acting under color of state law who causes a party to be deprived of any rights, privileges or immunities secured by the Co...
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ORDER The defendants brought the instant motion to dismiss pursuant to the provisions of Rule 12(b) of the Federal Rules of Civil Procedure. Specifically, the defendants contend that this court lacks jurisdiction over the subject matter and must, therefore, dismiss the amended complaint. The plaintiffs seek to invoke the admiralty jurisdiction of this court, proceeding under 28 U.S.C. § 1333....
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MEMORANDUM OPINION AND ORDER OF DISMISSAL. The Indictment in the within action was filed in the Northern District of *316 Iowa and charges the defendants with conspiracy to cause to be delivered by mail certain nonmailable, obscene and lewd advertisements, motion picture films, and information as to the obtaining of said material, and using common carriers to carry said material in interstate...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution, Danbury, Connecticut, seeks dismissal of an unexecuted parole violator warrant issued by the United States Board of Parole (“the Board”), which has been lodged against him as a detainer at the prison. Petitioner contends that he has been prejudiced by the Board’s failure to accord him a prompt par...
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ORDER AND ' PRELIMINARY INJUNCTION AND OPINION This cause came before the Court with respect to the plaintiffs’ renewal of application for injunction to close prisons to additional entrants, filed herein April 21, 1975. The plaintiffs seek to have this Court close Florida’s prison system to additional entrants and, in addition, require that the current inmate population be reduced to acceptab...
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ORDER This is an action brought under the Internal Revenue Laws of the United States for refund of taxes erroneously and illegally assessed and paid under protest to the United States. Plaintiff has moved for a summary judgment. The issue involved in this complaint simply stated is: The plaintiff, Ellis C. Irwin, contends that he has been a practicing attorney for over 35 years; that during the ye...
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OPINION AND ORDER On April 10, 1970, a Suffolk County Grand Jury named David Haefeli in seven indictments, each charging him with knowingly receiving stolen property. 1 Haefeli was tried in Suffolk Superior Court and was convicted by a jury on all charges. He was adjudged a “common receiver of stolen goods” and was given a consolidated sentence of three to seven years. Mass.Gen...
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MEMORANDUM ORDER Before the Court is plaintiffs’ post-trial motion for the taxation of costs of $5,521.20 for expenses incurred in the successful litigation of this class action suit seeking declaratory and injunctive relief regarding treatment and conditions in six State-owned and operated facilities for the mentally retarded. I. BACKGROUND This suit was brought by six mentally retarded residents...
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*1278 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. WEI-GEL, Judges of the Panel. The Panel previously transferred all actions in this litigation to the Central District of California and, with the consent of that court, assigned them to the Honorable Malcol...
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OPINION AND ORDER Sprouting and multiplying “like the leaves of the green bay tree”1 class actions have paralleled the rapid growth and expansion of private litigation for violations of Section 10(b) of the Securities Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5 (17 C.F.R. § 240.10(b)-5). Courts are still in the nascent stages of defining the contours of the substantive element of 10b-5 claims...
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OPINION and JUDGMENT Petitioner, Tommy Brock, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He is presently imprisoned pursuant to his conviction on July 9, 1973 in the Circuit Court of Greene County for sodomy. He was sentenced to serve a term of ten (10) years in the Virginia State Penitentiary. Petitioner appealed his conviction to the Supreme Court of Virginia, which...
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OPINION and JUDGMENT In this petition for a writ of habeas corpus petitioner Frederick Douglas Eberhardt challenges his conviction by the Circuit Court of Nelson County, Virginia on July 19, 1972 for forcible rape following his plea of guilty. Petitioner’s conviction was appealed to the Virginia Supreme Court which denied his petition for a writ of error and affirmed his conviction by order entere...
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*402OPINION and JUDGMENT Homer L. Hicks, III, an inmate in the Virginia corrections system, has brought this action challenging his conviction on March 25, 1975 in the Circuit Court of Campbell County for possession of a controlled substance. He was sentenced to a term of one year in the Virginia State Penitentiary. At the time of his conviction, he was already incarcerated in the state penitentia...
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ORDER The above-styled cause was heard on February 13, 1975, and again on May 16, 1975, on a motion to dismiss filed on January 13, 1975, by the Ministry of Industry, Commerce and Tourism of the Republic of Bolivia (Bolivia). Bolivia is an additional defendant on the counterclaim of ADM Milling Co., Inc. (ADM), and it is that counterclaim to which Bolivia’s motion is directed. Bolivia asserts sov...
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*873 DECISION Before SNEED, Circuit Judge, and CARTER and EAST, District Judges * . At the time of the institution of these proceedings, the plaintiffs Herbert L. Lipp (Lipp), Ronald J. Kintner (Kintner) and Melvin C. Hull (Hull) were prisoners in penal institutions within the State of California; however, they are presently on parole status. Twenty-five additionally named inmates of a Ca...
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MEMORANDUM OPINION Plaintiffs, Prune Bargaining Association — an organization representing 217 of the approximately 2,500 producers of California prunes — and numerous individual prune growers, seek to permanently enjoin defendants Earl Butz, the Secretary of Agriculture of the United States, and several prune handlers from enforcing certain pro *787 visions of regulations pr...
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MEMORANDUM AND ORDER This class action was brought on behalf of the former tenants of a low-income, multi-family housing project which the- Secretary of the Department of Housing and Urban Development decided to tear down. The facts are summarized in this Court’s Findings of Fact and Conclusions of Law filed February 7, 1975, granting a preliminary injunction halting further demolition and perm...
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*430ORDER ON MOTION FOR SUMMARY JUDGMENT BY CHATHAM COUNTY COMMISSIONERS I This § 1983 action brought by Herman Diamond grows out of his arrest on April 4, 1973, in connection with the filling of marshland adjacent to Richardson Creek on Whitemarsh Island without the permit alleged to be required in his case by the Coastal Marshlands Protection Act of Georgia, Ga.Code Ann. § 45-140. The defendants...
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AMENDED ORDER INTRODUCTION This Court heard arguments on April 22, 1975 on the plaintiffs’ Motion for Entry of an Amended Order. This motion was prompted by the Court of Appeals for the Sixth Circuit’s decision of September 26, 1974 remanding this matter to this Court for further proceedings. 503 F.2d 1236. This case has been before this Court since November 20, 1968. Since that...
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MEMORANDUM AND ORDER On December 16, 1974, this Court on plaintiff’s motion for partial summary judgment found defendant “to have been in violation of the [Federal Trade Commission] order between November 26, 1973 and March 1, 1974.” 396 F.Supp. 1344 at 1352 (S.D.N.Y.1974). Having determined liability, the issue of penalties remains. Plaintiff seeks civil penalties of at least $250,000 and an i...
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OPINION Plaintiff, a shareholder of First National Realty & Construction Corporation (“FNR”), brought this action pursuant to § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover short-swing profits which defendant Realty Equities Corporation (“REC”) allegedly realized from a purchase and sale of FNR stock within a six-month period. The court granted plaintiff’s ...
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OPINION INTRODUCTION In this civil rights action, brought pursuant to 42 U.S.C. § 1983, plaintiff Walter A. Burgess challenges the constitutionality of certain specified practices of the Pennsylvania Board of Probation and Parole (“the Board”). At all times relevant to this complaint, the individual defendants were members of the Board. Plaintiff alleges that defendants, by detaining him afte...
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OPINION Sitting by Designation. The motion of plaintiffs (1) for a change of venue, and (2) for a disqualification of the undersigned Judge was filed on May 15, 1975. By the complaint filed February 19, 1975. the plaintiffs are seeking a declaratory judgment that certain actions of the defendants are unconstitutional and to enjoin the defendants from proceeding in their alleged ...
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OPINION AND ORDER Plaintiff, a general contractor, brought this action against the mortgagee and the federal insurer of a low- and moderate-income housing project, seeking certain sums retained as a “holdback” during construction as well as payment for various modifications in the building plans. Plaintiff’s motion for a preliminai’y injunction against the assignment of the mortgage to th...
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MEMORANDUM OF DECISION This is an action in contract, with jurisdiction based upon diversity of citizenship, 28 U.S.C. § 1332. The plaintiff, Chicago Silver Exchange, is an Illinois corporation having its principal place of business in Chicago. The defendant, United Refinery, Inc., is a Nevada corporation, whose principal place of business is in Utah. In count I of the amended compla...
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This cause came on for hearing on a previous day on the motion of the defendant for the Court to fix a cutoff date for the appearance of additional plaintiffs. The Court, having heard the arguments of counsel and having studied the legal memoranda submitted by the parties, is now fully advised in the premises and ready to rule. Accordingly, It is the order of the court that the motion of the defen...
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These consolidated cases involve various antitrust claims asserted by four independent gasoline service station dealers against their supplier-landlord. Each of the four plaintiffs operates in the Baltimore metropolitan area,a filling station leased from his supplier, defendant Crown Central Petroleum Corporation (hereinafter “Crown”). Each has filed a separate action in this Court seeking treb...
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OPINION Petitioner Duke moves, pursuant to 28 U.S.C. § 2255, to vacate the sentence imposed by this Court upon a judgment of conviction entered against him. On October 1, 1971 Duke was charged in a three-count indictment, 71 Cr. 1135, with conspiracy, bank embezzlement, and bank robbery in violation of 18 U.S.C. §§ 371, 656 and 2113(b) respectively. He was tried before this Court and a jury and c...
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OPINION Plaintiff Frank Sanno, presently confined in the Eastern New York Cor *561 rectional Facility at Napanoeh, brings this civil rights action, under 42 U.S.C., section 1983, pro se, alleging that he has been denied participation in the “work release” 1 and “furlough” 2 program of the State’s correctional institutions in violation of the equal protection clause of the Fourteenth Amend...
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Memorandum of Decision and Order Plaintiffs Larry Milberg and Irene G. Milberg executed a note and mortgage in favor of Lawrence Cedarhurst Federal Savings and Loan Association (Lawrence) on or about July 8, 1960. The mortgage note provided that in addition to monthly payments of principal and interest, the mortgagor was obligated to pay one-twelfth of the annual taxes monthly.1 It further provide...
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OPINION Defendants have moved to suppress all evidence seized pursuant to a warrant to search “premises known as Unruh & Bustle-ton Avenue, or 2100 Unruh Avenue, Basement Floor and Middle Floor, with entrance facing Bustleton Avenue of a two story red brick building . . . [for] . . . records of financial indebtedness contracted in connection with and in addition to mortgages insured by the Federa...
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OPINION Plaintiffs have moved for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. In their complaint, and in the affidavit filed in support of the motion for summary judgment, plaintiffs state that they entered into an agreement on August 5, 1972, to purchase from defendant a lot in a subdivision; that the subdivision is subject to the provisions of the Interstate Land...
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OPINION In this case, cross-motions for summary judgment require me to determine whether an automobile manufacturer’s refusal to permit one of its dealers to relocate his place of business creates a valid claim for relief. I. FACTUAL BACKGROUND Plaintiff, Paul Kaiser, is the sole proprietor, chief executive, and general manager of Wamsley Pontiac in Morris-ville, Bucks County, P...
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DECISION AND ORDER Plaintiff, Billy J. Jewell, a black male hired by defendant on December 11, 1972, brings this action under the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16, and under 28 U.S. C. §§ 1337 and 1343, claiming that he was discriminatorily terminated from employment on August 17, 1973, as a Boiler Plant Operator, WG-9, at the U. S. Marine Corps Air Station, El Toro,...
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MEMORANDUM OPINION This case is now before the court on application by plaintiffs’ counsel, Jerome S. Wagshal, for the award of an appropriate attorney fee from the benefiting plaintiff class. The case originally involved defendants’ impoundment of funds appropriated for the Regional Medical Programs’ [RMP] authority under Title IX of the Public Health Service Act, as amended, 42 U.S.C. §...
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394 F.Supp. 384 (1975) SCM CORPORATION v. XEROX CORPORATION. Civ. No. 15807. United States District Court, D. Connecticut. May 19, 1975. *385 Stephen Rackow Kaye, New York City, for plaintiff. Stanley Robinson, New York City, for defendant. PRE-TRIAL ORDER NO. 9 NEWMAN, District Judge In this complex antitrust action involving claims of anticompetitive practices concerning plain paper copiers, t...
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MEMORANDUM AND ORDER Jarrells, presently confined in the Allenwood Federal Prison Camp located in the Middle District of Pennsylvania, seeks relief herein pursuant to 28 U.S.C. § 2255. On January 16, 1973, Jarrells pled guilty in United States v. Binick, et al., Criminal No. 72-0388-K, to one count of conspiring to violate 21 U.S.C. § 841(a)(1) (distribution of controlled substances, heroin and co...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was submitted for final decision on the facts found by the court in the findings of fact and conclusions of law dated February 13, 1975, filed February 19, 1975 (389 F.Supp. 759 (D. Mont.1975)) and those facts are now adopted by the court as its findings on the merits. In ordering the entry of a preliminary injunction I felt bound by what then appe...
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MEMORANDUM In this diversity action, plaintiff Honeywell Information Systems, Inc. moves pursuant to the New York replevin statute, Civil Practice Law and Rules § 7101 et seq. (made applicable herein under F.R.Civ.P. 64), and pursuant to the Uniform Commercial Code, McKinney’s Consol.Laws, c. 38, § 9-503, to repossess from defendant Demographic Systems, Inc. certain data processing equipm...
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OPINION Defendants, Jerry Martyniuk and James Bryan Hufford, move to suppress evidence and quash a search warrant pursuant to Rule 41(e) Fed.R.Crim.P. They are charged with possession with intent to distribute amphetamines, in violation of 21 U.S.C. § 841(a)(1). On March 13, 1975, I held an evidentiary hearing on these motions. Government agents suspected these defendants of engaging in illic...
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MEMORANDUM OPINION These are cross-suits between a prime contractor and its sub-contractor over damages for delay in completion. We have a motion for partial Summary Judgment filed by the prime contractor, Foster-Wheeler, on certain of the claims asserted by the subcontractor, G.C.S. Inc. in its complaint and in its counterclaim to Foster-Wheeler's suit. We have previously considered...
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MEMORANDUM AND ORDER Plaintiffs, registered Pennsylvania voters, assert in this suit that portions of the Pennsylvania Election Code violate the United States Constitution, certain federal statutes and the Pennsylvania Constitution. Specifically, plaintiffs claim that (1) 25 P.S. §§ 623-20, 623-20.2, 951-18, 951-18.1 and 951-18.2, insofar as they require a person’s race to be recorded on his vote...
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MEMORANDUM Plaintiffs, residents of Nashville, Tennessee, bring suit against Qantas Airways Lim *492 ited, an Australian corporation. Plaintiffs seek to recover $75,000.00 for their financial losses and emotional distress allegedly incurred as a result of the conduct of defendant’s agents, which conduct is alleged to amount to a wanton and willful breach of the duty of care o...
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*273 MEMORANDUM AND ORDER This is a diversity action arising out of an automobile collision between two cars, one driven by the plaintiff, Bernard Schatz, and the other driven by the defendant, Raymond Cutler. At the time of the accident, the vehicle driven by Cutler was being pursued by three police cruisers, driven by the defendants, State Trooper James Cronan, State Trooper Richard F. Doyl...
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OPINION AND JUDGMENT In this action, defendants have filed pursuant to Fed.R.Civ.P. 12(b)(6) motions to dismiss for failure to state a cause of action under 42 U.S.C. §§ 1983 and 1985(3). Plaintiffs bring this action for declaratory, injunctive and compensatory relief under 42 U.S.C. §§ 1983, 1985(3), 2201 and 2202 and allege the following facts: On a weekend in October, 1973, p...
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MEMORANDUM ORDER This declaratory judgment action, commenced in the Circuit Court of Webster County, West Virginia, and removed to this Court by defendant, has been submitted for decision on the record, including stipulations of fact by attorneys for the parties. The action seeks a declaration of the rights of the parties under an automobile liability insurance policy issued by defendant to plain...
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DECISION and ORDER This matter is before me on cross-motions for summary judgment. I conclude that as to each motion, summary judgment should be granted in part and denied in part. These motions were referred to in an opinion and order dated May 30, 1974; in that opinion, district judge James E. Doyle reserved ruling on the cross-motions because the record was inadequately developed. Subsequent to...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. This is an action brought by the Snake River Ranch against the United States of America pursuant to 28 U.S.C. § 2409a to quiet title to certain lands (disputed lands) lying between the thread of the Snake River and the surveyed meander line of the river in Lot 5, Section 29, Lot 4, Section 31, and Lots 2, 3 and 6, Section 32...
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*1306 MEMORANDUM OPINION Plaintiffs Mark Walker and Curtis Craig, young males wishing to purchase 3.2% beer, and Carolyn Whitener, a licensed beer vendor, 1 seek declaratory and injunctive relief against the defendant State officials to prevent enforcement of certain provisions of Oklahoma law regulating the sale of 3.2% beer. 37 O.S.A. §§ 241-245. Specifically, plaint...
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ORDER This is an action brought by tenants of the McLendon Gardens Apartments, a complex financed under § 236 of the National Housing Act, as amended, 12 U.S. C. § 1715z-l. The complaint was filed' on April 4, 1975, seeking an injunction against an increase in rent effective April 1, 1975; a declaration that the rent increase approved by the Department of Housing and Urban Development (HUD) is ...
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ORDER This is a civil action for declaratory and injunctive relief to restrain the planning and implementation of the proposed West Georgia Limited Access Highway and Interstate 185 until the defendants have fully complied with the purportedly applicable requirements of the National Environmental Policy Act of 1969 (hereinafter referred to as “NEPA”), 42 U.S.C. § 4321 et seq., and 49 U.S.C. §...
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MEMORANDUM OPINION AND ORDER This is a civil action brought under 42 U.S.C., Section 1983, by eighteen named individuals and fifteen named groups and/or organizations. The named plaintiffs also seek to bring the action in the name of all others similarly situated. The plaintiffs are seeking declaratory and injunctive relief as well as compensatory damages as a result of alleged violations of th...
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ORDER The defendant in this case, George Kenneth Reiser, has been indicted under 50 App. U.S.C. § 462 for failure to submit to induction into the armed forces. The defendant’s induction has been sought pursuant to the general Selective Service Laws of the United States, including 50 App. U.S.C. §§ 453 and 454 which provide for the registration, induction and training of male citizens only...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action is before the Court on cross motions for summary judgment. The parties have stipulated to all material facts, which stipulations constitute the Court’s Findings of Fact. I. JURISDICTIONAL FACTS 1. The plaintiffs in the above-styled action are Charles B. and Mary Jane Nye, who reside as husband and wife in the City and County of Durham, N...
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OPINION AND ORDER Monserrate Zapata, one of the two named plaintiffs in this civil rights class action, has filed a pro se motion entitled “Motion to Present Incidental to Complaint”. For the reasons set forth in this memorandum, we will dismiss the motion with prejudice. The class action out of which this motion springs was filed pro se and in forma pauperis by Otis Tate and Mon-serrate Zapata, t...
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MEMORANDUM AND ORDER Defendant Dudley Walsh on his own behalf and on behalf of defendant Dawgo International, Inc. has filed a pro se motion in which he seeks a stay of execution upon a default judgment, while he obtains the documents filed of record *226in this matter, and also asks us to set aside a default judgment in the amount of $261,250.00 obtained by plaintiffs against him and the corporat...
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OPINION AND ORDER On February 26, 1975, Harry Glover was convicted by a jury of conspiracy and violations of the federal bank robbery statute, 18 U.S.C. § 2113. Before us at this juncture are motions filed in his behalf seeking, in the alternative, a new trial, judgment of acquittal, or arrest of judgment, pursuant to Rules 33, 29, and 34 of the Federal Rules of Criminal Procedure. Various gr...
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MEMORANDUM AND ORDER In 1965, while residing in Pennsylvania as husband and wife, plaintiff and defendant entered into two written contracts which required, inter alia, that defendant Edward M. Zimmermann pay plaintiff Ruth F. Zimmermann weekly installments for the maintenance, support and education of their three children, as well as for the support of plaintiff. The agreement...
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*569 MEMORANDUM IN SUPPORT OF ORDER NO. 1884. This proceeding arises out of an impasse in negotiations between the Federal Rail Administration (FRA) and the Trustees of the Penn Central Transportation Company concerning the character of the obligation which the Trustees should undertake in consideration for receipt of certain financial assistance under the Regional Rail Reorganization Act of ...
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MEMORANDUM Plaintiffs, Catherine M. Burwell and Jean H. Proctor, are female flight attendants employed by Eastern Airlines, Inc., who bring this class action against Eastern and their past and present collective bargaining representatives, Airline Stewards and Stewardesses Association, Local 550, and Air Transport Division, Local 553, Transport Workers Union of America, AFL-CIO (hereinafter “Lo...
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MEMORANDUM OPINION This action was filed by the plaintiff, a “taxpayer,” seeking injunctive and declaratory relief, the controversy arising from plaintiff’s disagreements or doubts regarding the validity of the federal income tax system and the currency system presently utilized in this country. In what might be termed a full-scale attack, plaintiff makes many allegations including but no...
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MEMORANDUM The plaintiff, Swimming Turtle, a/k/a Oliver Godfrey, brought the above entitled action pursuant to 28 U.S.C. §§ 1331, 1337, 1343, 1353, and 25 U.S.C. § 345, and seeks, by his complaint, to recover taxes which he alleges were wrongfully assessed and collected on Indian land; a declaration of plaintiff’s rights with respect to the taxability of his land; and an order enjoining officials ...
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MEMORANDUM RULING On December 17, 1974, the above Board moved this Court to conduct an expedited hearing for the purpose of formulating and adopting Singleton 1 *1102 objective criteria (Singleton criteria)' for use by that body in its official relations with principals, teachers, or other professional staff employed by the school system. We granted the motion, and a hearing was held on D...
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394 F. Supp. 558 (1975) DIPLOMAT HOMES, INC., Plaintiff, v. COMMERCIAL STANDARD INSURANCE CO., Defendant. No. 2304. United States District Court, W. D. Missouri, Southwestern Division. May 15, 1975. *559 Karl W. Blanchard, Jr., Blanchard, Van Fleet, Robertson & Dermott, Joplin, Mo., for plaintiff. Robert J. Keeter, Schroff, Keeter and Glass, Springfield, Mo., for defendant. MEMORANDUM OPINIO...
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395 F.Supp. 52 (1975) John C. DONHAM, Plaintiff, v. UNITED STATES et al., Defendants. No. 74-711C(4). United States District Court, E. D. Missouri, E. D. May 15, 1975. Correnti & Mykins, Robert E. Buechler, St. Louis, Mo., for plaintiff. William A. Richter and Arthur L. Smith, Peper Martin, Jensen, Maichel & Hetlage, St. Louis, Mo. and Condon & Forsyth, New York City, for Stencel Aero...
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MEMORANDUM AND ORDER REVERSING THE DECISION OF THE SECRETARY AND REMANDING THE CAUSE FOR FURTHER HEARINGS This is a petition filed pursuant to 42 U.S.C. § 405(g) (1970). Claimant Mefford seeks judicial review of the adverse decision of the Secretary of Health, Education and Welfare regarding claimant’s application for disability insurance benefits. The Secretary has moved for summary judgment and ...
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*877 OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. This is an action by the above-named plaintiff Joseph P. Ingrassia (hereinafter “Ingrassia”) against defendant Shell Oil Company (hereinafter “Shell”) for alleged damages by reason of the fact that defendant Shell, in the period from August 1969 to July 15, 1971, moved its head office in connection with which plaintiff was em...
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MEMORANDUM AND ORDER On the morning when the trial was to commence, counsel for the defense raised an allegation that certain evidence in the possession of the government was tainted by an illegal search and seizure. In connection therewith he produced a search warrant issued by the Supreme Court, Queens County, on February 17, 1973, along with a return on the search warrant dated April 6, 1973. T...
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ORDER This action was commenced by eleven named plaintiffs seeking relief for themselves and a class similarly situated for violation of constitutional rights alleged to arise as a result of the conditions and operation of the Cuyahoga County Jail. Jurisdiction of the Court is premised on 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 and 1343(3) and (4). Only injunctive and declaratory relief ...
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OPINION and ORDER Paul Brodie, a citizen of New Zealand and a veteran of the United States Army, wants to become a citizen of this country. He is a homosexual. Is he by that single trait shut out from citizenship? I have concluded that he is not. Brodie filed his Petition for Naturalization under § 329(a) of the Immigration and Nationality Act, 8 U. S.C. § 1440. This section eases th...
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OPINION This action is brought by James Aasum, a licensed chiropractic physician, against Good Samaritan Hospital in Corvallis, Oregon. Plaintiff alleges that the hospital’s refusal to permit him to use its clinical laboratory facilities in the treatment of his patients is unreasonable discrimination in violation of the XIVth Amendment and 42 U.S.C. § 1983. Good Samaritan Hospital is a privat...
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This civil rights action was tried before the court and a jury on March 3, 1975. Pursuant to Rule 49(b) of the Federal Rules of Civil Procedure, the court submitted to the jury a general verdict form together with written interrogatories upon issues of fact the decision of which were necessary to a verdict. Since no party had any objections to the court’s charge to the jury, the sole issue in this...
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MEMORANDUM AND ORDER This declaratory action comes before the court upon cross motions for summary judgment. The case was removed to the district court upon the basis of diversity of citizenship. Under the mandate of Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), this court must apply the law of the forum state. Unfortunately, the courts of Alaska have yet...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the defendant’s motion to dismiss and the plaintiffs’ opposition thereto. Both parties filed memoranda setting forth their positions, and the Court heard oral arguments on the motion on May 5, 1975. Thereafter the motion was taken under advisement. The complaint in this case is brought by an association of members of the National ...
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I. INTRODUCTION In October, 1972, plaintiff was charged with the offense of possession of marijuana in violation of Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934. This section prohibits conduct which is “prejudicial to good order and discipline” or which is “of a nature to bring discredit upon the armed forces.” The evidence against him was the marijuana found in his lock...
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*837 RULING ON PLAINTIFF’S MOTION TO REMAND & DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT OR DISMISSAL The plaintiff, Lawrence Areskog, commenced this action in the Connecticut State Superior Court for New London County and it was thereafter removed to this Court by the petition of the defendants United States of America and Patrick J. O’Keefe. The plaintiff now moves to remand the ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendant, Harvey B. Jarrett, a resident of Jackson, Mississippi, has filed a motion to suppress certain of his testimony given on February 1, 1973 before a grand jury meeting in Biloxi, Mississippi. The motion has been heard, orally argued and briefed, and is ready for disposition. Jarrett is presently under a two count indictment in the above styled and nu...
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ORDER This is a suit challenging the constitutionality of the manner in which the Secretary of the Department of Health, Education and Welfare chose to implement certain provisions of Title XVI of the Social Security Act, which became effective on January 1, 1974. A hearing was conducted in this court on March 18, 1975. There is no disagreement as to the facts. Plaintiff Cornelius Shaw, a bla...
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ORDER In September, 1969, Robert Howie, petitioner, was brought to trial in Mecklenburg County, North Carolina, Superior Court, charged with the crime of *118 breaking and entering a building. He pleaded guilty and was sentenced to prison for a term of five to seven years. He was confined to prison until December 4, 1970, at which time he was released from prison and placed o...
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OPINION The defendants, Paul Liberty and Liberty Petroleum Corporation, are here on a motion to dismiss the action filed in the above entitled case. The plaintiff, Walter H. Burkhardt, filed an original complaint which the defendants attack as failing to state a cause of action, pursuant to Federal Rule of Civil Procedure 12(b). Subsequently, the plaintiff filed an amended complaint. The ...
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MEMORANDUM OPINION AND ORDER This is an action by the personal representative of a decedent’s estate for *1116damages for the (instantaneous) wrongful death of such decedent, based upon diversity of citizenship and the requisite jurisdictional amount. 28 U.S.C. §§ 1332(a)(1), (c). The plaintiff and the defendant stipulated that they had entered into, subject to the Court’s further order, a pretri...
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MEMORANDUM OPINION This is an action brought by the Plaintiffs, individually, and as members of a class, seeking a declaratory judgment declaring an ordinance of the City of Fort Smith, Arkansas, to be unconstitutional; and to enjoin the individual Defendants from prosecuting or threatening to bring prosecutions pursuant to the ordinance. A hearing was held on June 21, 1973, on Plaintiffs’ Motion ...
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MEMORANDUM AND ORDER The motions for directed verdict in favor of the defendants made at the close of all the evidence were fully argued after the jury,* by a divided vote, failed to agree. See Fed.R.Civ.P. 50(b). The controversy concerns the competency of an insured under a National Service Life Insurance policy to change the named beneficiary (Fulmer) to his estranged wife and court-appointed...
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RULING ON PENDING MOTION The plaintiff in this case is suing the state Commissioner of Health 1 in order to have the sex recorded upon her birth certificate changed from “male” to “female.” She claims that the Commissioner’s refusal to make this change is state action violative of certain of her constitutional rights, and thus brings this suit under 42 U.S.C. § 1983 (1970). ...
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RULING ON MOTIONS TO DISMISS This suit, another of an increasing number brought to the federal courts by a plaintiff who claims that his dismissal from government employment has been in violation of his constitutional rights, is brought by a former employee in the Windsor, Connecticut, police department who was fired during the period when he was serving as a probationary police officer. ...
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ORDER OF DISMISSAL This cause came on for consideration upon the court’s own motion. Having considered the record and being fully advised in the premises, the court finds and concludes that the complaint must be dismissed for lack of jurisdiction. Plaintiffs are non-instructional employees of the defendant Dade County School Board. They seek to recover unpaid minimum wages and unpaid overtime comp...
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The sole issue remaining in this case is the determination of damages; the parties have stipulated liability to the extent of eighty per cent of the actual damages found. Aiple, the plaintiff, was the bareboat charterer and owner pro hac vice of a hopper river barge. The barge, carrying a cargo of soybeans, was being towed to New Orleans by defendant’s tug, when it sank as a result of negl...
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On September 23, 1952, U.S. Patent No. 2,611,813 (the ’813 patent) for “Magnetic Data Storage System” issued to T. K. Sharpless and E. S. Eichert, Jr. on application filed May 26, 1948. By mesne assignments Technitrol, Inc. is, and at all pertinent times has been, the owner of the patent. In addition to the specification and drawings, the general nature of the alleged invention 1 ...
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MEMORANDUM OPINION This class action was commenced on April 10, 1973. The plaintiffs represent a class, as certified by this Court, composed of all women who have been employed, are employed, might be employed or are applicants for employment with' the Detroit Police Department (DPD) since April 10, 1970. As originally filed, the defendants were the principal officials of the City of Detr...
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*204 MEMORANDUM AND ORDER Petitioner, Secretary of Labor John T. Dunlop, seeks an order allowing an Occupational Safety and Health Administration inspection of respondent’s Burlington Northern railroad workplaces in or near Laurel, Montana. Petitioner alleges that on April 3, 1975, an authorized representative of the Secretary of Labor presented his credentials to an agent of the respondent...
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OPINION Plaintiff Matthew J. Lawlor, former vice-president of employee relations at Gulf & Western Industries, Inc. (“G & W”), brings this diversity action for libel alleging three claims for relief. The parties waived a jury and the case was tried to the court. The first claim, brought against defendants David N. Judelson and G & W, alleges that Judelson, in his capacity as presiden...
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This is a diversity case (28 U.S.C. § 1332) in which plaintiffs seek a declaratory judgment under 28 U.S.C. § 2201, to determine their rights under an “ALL-RISK” insurance policy issued by defendant to them for the period from July 25, 1965 to July 25, 1968, by reason of an occurrence on July 4, 1966. On that day there was a brick failure on plaintiffs’ seven-story apartment building known as “...
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This matter involves the construction of one of Ohio’s debtor exemption statutes. The question for the Court is whether the bankrupt qualifies to claim exemptions allowed under E. C. 2329.81. Exemptions under that statute are available to certain debtors who do not own a family homestead. The facts are not in dispute. The bankrupt is a resident of this state, not the owner of a homestead. He is di...
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OPINION Defendant Bennie Graves was indicted for violations of 18 U.S.C. § 922(a)(6) 1 and 18 U.S.C. Appendix § 1202(a)(1). 2 Count One charges that defendant made a false and fictitious statement to a firearms dealer, to wit that he had not been convicted of a crime punishable by more than one year’s imprisonment. Count Two charges that defendant, after being convicted of auto larceny in t...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of the plaintiff for entry of a default judgment on the ground *1343 that the defendant failed to answer or otherwise defend and on the motions of the defendant, T. M. S. Realty and Financial Services, Inc. (“T. M. S.”), to set aside the entry of default and to dismiss the complaint on the ground that this ...
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OPINION and ORDER Plaintiff, trustee in bankruptcy for Hempfield Stores, Inc., formerly SkatZap, Inc. (Hempfield) initiated this antitrust action in 1971 complaining that defendant, S. S. Kresge Company (Kresge), violated Section 1 of the Sherman Act, 15 U.S.C.A. § 1 which provides, inter alia, that “every contract, combination in the form of trust or otherwise, or conspiracy, ...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 14th day of January, 1975. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes *336 the following findings of fact and conclusions of law: FINDINGS OF FACT 1. This action was brought by the plaintiff, Jo Ann S. Tolson, to recover dam...
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OPINION Before WIDENER, Circuit Judge, TURK, Chief District Judge, and DAD-TON, District Judge. This case arose due to the closing of Olin Corporation (Olin) facilities at Saltville, Virginia, and the subsequent transfer of some of Olin’s operations to other areas, resulting in transportation pattern changes for their chemical goods. Lemmon Transport Company, Inc. (Lemmon) seeks to s...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter having come on for Court trial on April 28, 1975, and the Court having reviewed the exhibits and documents on file herein, having considered the oral testimony and exhibits presented at the time of trial, having considered the oral and written arguments submitted by counsel, and having reached its decision, makes the following Findings of Fact...
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OPINION Plaintiffs and plaintiffs in intervention seek declarations of unconstitutionality and permanent injunctions against the enforcement of California Business and Professions Code Sections 651, 651.3 and 652.5 insofar as they prohibit media advertising of the retail price of prescription drugs. The cause of action arises under 42 U.S.C. Section 1983, with jurisdiction conferred ...
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OPINION This is an inverse condemnation action instituted by plaintiffs to redress an alleged taking of their real property by *1005 defendant County of San Mateo (“th'é County”) without just compensation in violation of the Fifth and Fourteenth Amendments to the Constitution of the United States. The trial was bifurcated, and the issue of liability was tried to the Court sit...
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MEMORANDUM OPINION The instant controversy revolves around the interpretation of a portion of § 706(f)(1) of the Equal Employment Opportunity Act, 42 U.S.C. § 2000e-5(f)(1). In relevant part the section provides: If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such char...
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Plaintiff Walters, suing on behalf of himself and all others similarly situated, seeks a judgment declaring that L.S.A.R.S. 18:270.204 1 is unconstitutional and for a permanent injunction prohibiting enforcement of the statute. *810 Jurisdiction is conferred on the court by 28 U.S.C. §§ 1331 and 1343 and 42 U.S.C. § 1981 et seq. The following facts are stipulated by the parties: 1. The ...
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This is a diversity suit arising out of a dispute over the terms and conditions of a franchising contract. Plaintiff seeks a declaratory judgment, pursuant to 28 U.S.C. §§ 2201, 2202, determining the rights and liabilities of the parties, particularly with regard to the validity of an agreement not to compete contained in the contract. The case was tried to the Court, sitting without a jury, on...
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MEMORANDUM AND ORDER Trial of this civil rights complaint was scheduled for March 12, 1975 at 11:00 a. m. On that date the appointed hour came and went without an appearance by the plaintiff, and the Court was advised by the United States Marshal that the plaintiff “passed out” while awaiting transportation to Court. Subsequently, the defendants filed a motion pursuant to Fed.R.Civ.P. 41(b) urgin...
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MEMORANDUM The Interstate Commerce Commission (ICC) instituted this civil action on July 25, 1974, seeking preliminary and permanent injunctive relief against the defendants, The Baltimore and Annapolis Railroad Company (B & A) and its President, Elmer J. Jubb. Specifically, the ICC seeks to restrain B & A from its alleged illegal abandonment of a segment of its track that runs from Cliff...
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OPINION This case raises questions concerning a New York attorney’s liability for negligence in transferring his clients’ personal injury case to a criminally indicted New Jersey lawyer who subsequently embezzled the clients’ funds. The questions arise on a motion for summary judgment by third-party defendant Edward Devlin, the New York lawyer, against defendants-third-party plaintiffs Fi...
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OPINION This Court initially heard argument on the defendant Dill’s Rule 12(b) (2) motion to dismiss for lack of jurisdiction over the person on August 30, 1974. De *789 cisión on the motion was held in abeyance at that time because of the sharp semantic dispute as to the facts on which jurisdiction was purportedly based, as well as an underlying concern that the nationwide s...
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Plaintiff in this action moves for a preliminary injunction to compel de *1390 fendants Jeffrey Snyder, doing business as JSNY, and Etna Products, Inc., to cancel the recordation of Copyright No. GP95881 with defendant United States Customs Service, thereby allowing the entry of plaintiff’s product into this country. At the evidentiary hearing on the motion, the court was show...
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OPINION The Nature of the Controversy This action was commenced in late 1973 pursuant to Section 1 of the Sherman Act, 15 U.S.C. § 1; Sections 4 and 12 of the Clayton Act, 15 U.S.C. §§ 15, 22; Sections 73 and 77 of the Wilson Tariff Act, 15 U.S.C. §§ 8, 15; and Section 37 of the Lanham Act, 15 U.S.C. § 1119. Jurisdiction is asserted under 28 U.S.C. §§ 1332, 1337, 1338, 1391(d) an...
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MEMORANDUM AND ORDER Plaintiff James F. Smith, a pipefitter employed by Sun Shipbuilding and Dry Dock Company, instituted this maritime action against B. P. Tanker Company, Ltd. (“B. P. Tanker”), to recover for injuries sustained while working aboard the S.S. BRITISH LIGHT, an oil tanker owned and operated by defendant B. P. Tanker. The complaint alleges that the plaintiff’s injuries resu...
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OPINION This is a complaint filed pursuant to the Social Security Act, 42 U.S.C.A. § 405 (g), to review a final decision of defendant denying plaintiff disability benefits. The immediate matter before the Court is defendant’s motion for summary judgment. If substantial evidence exists supporting the denial of disability benefits, the Secretary’s determination must be affirmed. Gentile v. Finch, 42...
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394 F. Supp. 1237 (1975) Grant D. SHADE, Sr., and George D. Mabus, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant. Civ. No. 75-227. United States District Court, M. D. Pennsylvania. May 12, 1975. *1238 *1239 A. Stephen Cohen, Sunbury, Pa., for plaintiffs. John L. Heaton, Asst. Atty. Gen., Dept. of Transportation, Commonwealth of Pa., Harrisburg, Pa., for defe...
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MEMORANDUM This memorandum is being filed with the Clerk of this court after the court has heard and considered the evidence in the case, the pleadings of the parties, and the argument of counsel, and same shall constitute the court’s findings of fact and conclusions of law. The court has jurisdiction pursuant to 28 U.S.C. §§ 1831 and 1343. Plaintiff, Esteban Garcia (Garcia), filed his complaint p...
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MEMORANDUM OPINION AND ORDER This cause is now before the Court on two separate motions, viz., the Plaintiff’s motion to remand this suit to the Circuit Court of Tallapoosa County, Alabama, filed herein March 28, 1975, and the Defendant’s motion to quash the revival of this suit or in the alternative motion to dismiss filed herein March 19, 1975. The facts of the case are that the Plaintiff f...
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MEMORANDUM AND ORDER Petitioner has moved this court to grant him a writ of habeas corpus ordering various officials employed by the District of Columbia Department of Corrections to recompute his sentence. He argues that the sentences for his two most recent convictions should be computed consecutively. Due to the intricacy of sentence computation, it is necessary to detail Mr. Cogdell’s current ...
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ORDER DENYING POST TRIAL MOTIONS This cause has come before the Court upon motions of the defendant, Lazaro Visuna, for arrest of judgment, to set aside the verdict, for a new trial and for dismissal based on government misconduct. A number of points have been urged by the defendant in support of these motions. Only three merit consideration here. The defendant maintains that he was denied th...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR PRELIMINARY INJUNCTION Borman’s has filed the instant antitrust action against Great Scott in an attempt to invalidate a restrictive lease provision in Great Scott’s lease with the landlord of the Lincoln Park Shopping Center. The defendant had previously filed a motion to dismiss which was denied by this Court on February 3, 19...
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OPINION Plaintiff sued the defendant, Rudolf A. Oetker (“Oetker”), who owned the S.S. Polarstein (the “Vessel”), for injuries sustained while he was working as a longshoreman unloading a cargo of bananas from such Vessel when the same was berthed at Pier 42 East River, New York, on January 15, 1970. The Vessel filed a third-party complaint against Bay Ridge Operating Co., Inc. (“Bay Ridge”) and S...
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OPINION Defendant American President Lines, Inc. (“American”) moves for an order granting it judgment notwithstanding the verdict or, in the alternative, a new trial, pursuant to Rules 50 and 59, Fed. R.Civ.P. Plaintiff Guerrero brought this action to recover damages for personal injuries sustained on August 30, 1970 while loading cargo for a stevedoring company aboard defendant's ve...
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OPINION This is a motion, upon consent of the parties to this action, for an order (1) that the action be conditionally maintained as a class action, and (2) approving a settlement for the benefit of the class. The action is one of a number that followed in the wake of a battle for control of Armour and Company. The two contending forces were General Host Corporation and Greyhound Corporation. Th...
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OPINION Plaintiffs commenced this action against certain federal, state, and town officials and certain private defendants on January 8, 1975. The federal and state defendants moved pursuant to F.R.Civ.P. 12(b) to dismiss the complaint. The town and private defendants moved pursuant to F.R.Civ.P. 12(b) to dismiss the complaint and for summary judgment pursuant to F.R.Civ.P. 56. Plaintiffs...
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OPINION This is an action brought by the government pursuant to 49 U.S.C. § 781 et seq., for forfeiture of an automobile. At the close of the hearing in this matter, oral findings of fact were made and I granted the parties additional time to submit memoranda of law as to whether these findings warranted a forfeiture decree. A brief summary of the facts, earlier found, follows: Claim...
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OPINION AND ORDER In this proceeding for violations of a Federal Trade Commission (FTC) Order requiring Papercraft Corporation (Papercraft) to divest itself of CPS Indus *417 tries, Inc. (CPS), the Government seeks the maximum penalty of $10,000 per day and a mandatory injunction directing compliance. On March 11, 1975, this Court by Opinion and Order granted the Government’s...
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MEMORANDUM AND ORDER Defendant has moved to Stay Proceedings in this Court pending the outcome of a related case filed in the Court of Common Pleas for Montgomery County. 1 The Motion will be granted for the reasons set forth in this memorandum. In Nigro v. Blumberg, 373 F.Supp. 1206 (E.D.Pa.1974), we reviewed factors which should be considered before invoking a federal di...
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MEMORANDUM OPINION AND DECLARATORY JUDGMENT Josephine Carter Billow and T. Barton Carter, executors in this matter, filed a final accounting and petition for distribution of the estate of Sydney Carter. ,1. have reviewed the final accounting and petition and I note that property in an inter vivos trust of Sydney Carter was included in the probate estate, and Virgin Islands inheritance tax was paid...
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ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS UNLESS THE STATE ELECTS A RETRIAL Charles Wesley O’Berry seeks a writ of habeas corpus on the ground that his conviction for rape was constitutionally defective in two respects: first, because of the alleged incompetence of counsel; and second, because of the admission of evidence which was obtained from an allegedly unlawful search. Having conside...
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MEMORANDUM OF DECISION Plaintiffs bring this action seeking to enjoin the Secretary of Health, Education and Welfare from implementing the Federal “Professional Standards Review” Law (42 U.S.C. Section 1320c through Section 1320c-19) and to declare said law unconstitutional on its face on the ground that it violates rights guaranteed the plaintiff physicians and their patients by the First...
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Dower, Brooks, Carl and Hawkins, all presently confined at the Patuxent Institution, seek habeas corpus relief in these cases. Each has been convicted by the Courts of the State of Maryland of one or more felonies, 1 and each has been adjudicated a “defective delinquent” 2 as *1073 that term is used in 3 Md.Ann.Code art. 31B, § 5 (1971 Repl. Vol.). 3 ...
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Cornell, presently confined in the Patuxent Institution, seeks in these cases habeas corpus relief, monetary damages and “a transfer out of Patuxent” to a more conventional confinement institution of the Maryland Division of Correction. 1 Cornell was convicted of bur *1094 glary on April 27, 1970 after a non-jury trial before Judge John E. Raine, Jr.,' sitting in the Cir...
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OPINION This is the Court’s decision on the motion brought by the defendant for sanctions. The plaintiff brings this action against the defendant for alleged violations of the Fair Labor Standards Act of 1938 as amended. It is alleged that the defendant is guilty of sex discrimination against women employees. The defendant now moves under Rule 37(d) for sanctions against the plaintiff for failing ...
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MEMORANDUM OPINION AND ORDER This is an action under 26 U.S.C. § 7426 brought by plaintiff for wrongful levy by the Internal Revenue Service (IRS) upon funds which the plaintiff alleges were rightfully his. The defendant has moved to dismiss the complaint for lack of jurisdiction. The following facts appear from the pleadings, exhibits, and a supplemental affidavit filed by the government...
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MEMORANDUM AND ORDER On October 30, 1974 the parties filed Standard Pretrial Order No. 2 in the present case. In addition to setting forth a stipulation of undisputed facts, that order provided that this case should be submitted for decision by the Court on the basis of evidence in the record without further evidentiary proceedings. This Court has accordingly reviewed the record, together with ...
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MEMORANDUM AND ORDER These jury-waived cases involve actions brought by plaintiff railroad pursuant to 28 U.S.C.A. § 1337 to collect certain unpaid demurrage charges allegedly owned by the defendant grain company. Counsel, with highly commendable cooperation, have agreed to extensive factual stipulations dealing with the complex issues involved herein. We adopt those stipulations by this ...
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MEMORANDUM To protect the confidentiality of certain proposed exhibits to the deposition of Dr. J. Presper Eckert and any testimony regarding these documents, Sperry Rand Corporation (Sperry) submitted an Order to Show Cause. Dr. Eckert was deposed June 13-14, 1974. At that time IBM proposed to mark and to identify the documents at issue and to address *40to Dr. Eckert questions concerning these p...
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MEMORANDUM OF DECISION AND ORDER United States of America, Ambassador Factors Corporation (Ambassador), Sapperstein, Hochberg and Haberman, Inc. (Sapperstein) and Courtaulds North America, Inc. (Courtaulds) move for partial (Ambassador filed a further motion for total) summary judgment against a fund in the amount of $96,750 deposited by plaintiff in this interpleader action with the Treasurer ...
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*736 ORDER Defendant has moved the Court to strike various allegations contained in the complaint. Upon consideration and for the reasons stated below, the complaint shall be dismissed with leave to amend. This is an action pursuant to Section 309(d) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1319(d), to collect civil money penalties for allege...
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*718 OPINION NATURE OF THE CASE: This is an excess judgment case with an unusual twist. May an insurer be held liable for the excess of a judgment over its policy limits when it fails to respond within a fifteen-day period specified in a lawyer’s letter offering to settle for the policy limits, even though it offered to pay those limits on the eighteenth day after the letter was received? U...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The plaintiff brought this action to obtain an accounting by the defendant of its net sales from a yam processing machine from July 1, 1968 to date and judgment against the defendant in the amount of five percent of this figure plus interest. Plaintiff asserts that it is entitled to this relief pursuant to the terms of a sales agreement entered int...
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*1060MEMORANDUM OPINION The movant Mr. Street, in custody under sentence of this Court in United States of America v. Buster Dean Street, 402 F.Supp. 1258, this district and division, moved the Court to vacate and set aside the sentence therein of May 8, 1974, on the ground that such sentence, when viewed with those therein of April 29, 1965, June 5, 1968 and October 22, 1971, was in excess of the...
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ORDER This matter is before me on the plaintiff’s motion for summary judgment and on the defendants’ “motion for declaratory judgment,” construed here as a motion for summary judg *867 ment. The plaintiff challenges the constitutionality of a Whitefish Bay municipal ordinance which proscribes the placement of political signs in residential yards except during the ten days immediately precedin...
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MEMORANDUM OF OPINION AND ORDER Plaintiff, in custody at San Quentin State Prison, brought this civil rights action under 42 U.S.C. § 1983 against the Director of the California Department of Corrections, the Warden of San Quentin State Prison, and the California Adult Authority. Plaintiff sought a declaration that his rights had been violated under the Eighth and Fourteenth Amendments to the C...
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MEMORANDUM OF DECISION The plaintiff is an inmate at the Connecticut Correctional Institution at Somers (hereinafter “Somers”) where he is serving a sentence of not less than eight nor more than sixteen yeárs for violation of the state narcotics law. He alleges that his due process rights were violated by the defendants’ actions in summarily transferring him without a hearing from the Community...
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OPINION AND ORDER This action is brought under the Consumer Credit Protection Act (usually referred to as the Truth in Lending Act, and hereafter as “TIL”), 15 U.S.C. § 1605(b), and the regulations promulgated thereunder. The essential question before us is whether TIL disclosure requirements were complied with by defendant during the purchase of a used ear from defendant by plaintiff. Specific...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Gillman, by his petition filed in this court, seeks a declaration, pursuant to 28 U.S.C. sections 2201 and 2202, that his federal sentence is and has been running during the time he has spent in a New York State Prison. On March 28, 1975, an Order to Show Cause was issued by this court ordering the United States Attorney on behalf of the respondents to sh...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on motion by defendant Glass to strike and dismiss Count III of the complaint. The action is for recovery of compensatory and punitive damages for alleged fraud in the inducement. Jurisdiction is invoked under 28 U.S. C. § 1332, alleging diversity of citizenship and that the amount in controversy exceeds $10,000 exclusive of interest ...
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MEMORANDUM OF DECISION This is a proceeding under Title II of the Social Security Act, as amended, 42 U.S.C.A. § 401 et seq. Section 405(g) provides for judicial review of a “final decision” of the Secretary of Health, Education and Welfare. *36The plaintiff filed an application for a period of disability and for disability insurance benefits on November 1, 1971, alleging that he became unable to...
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OPINION On December 23, 1972, while on liberty from the United States Naval Base at Portsmouth, Virginia, the plaintiff was injured in a Boston automobile accident. He was taken immediately to Hunt Memorial Hospital in Danvers, Massachusetts, where he remained until January 4, 1973. He was then transferred to Chelsea Naval Hospital where he was treated until June 1973. After his discharge...
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OPINION AND ORDER Petitioner has filed this Petition for a Writ of Habeas Corpus alleging that his conviction and imprisonment violated his Fourteenth Amendment rights of due process and equal protection. Specifically, he claims that as a black defendant, charged with a violent crime involving white victims, he was entitled to *254 have the trial judge question the prospective jurors on the s...
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MEMORANDUM Plaintiff Electro Medical Systems, Inc., (EMS) is a Colorado corporation that manufactures and sells a Solid-State Electrosurgery System and various accessories for that system. Defendant Medical Plastics, Inc., (MPI) is a Minnesota corporation that manufactures disposable ground plates that can be used with plaintiff’s Electrosurgery System. Defendant Lee R. Bolduc, a resident of Minn...
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*594 OPINION AND ORDER This is a motion by the Equal Employment Opportunity Commission (EEOC), joined by the International Brotherhood of Electrical Workers Union No. 52 (IBEW), for an order dismissing the complaint for failure to state a claim upon which relief can be granted. For the purposes of this motion, all well-pleaded material allegations of the complaint will be taken a...
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In this action plaintiff seeks relief under Section 13(d) of the Securities Exchange Act, 15 U.S.C. § 78m(d)(l), [The Williams Act], In brief, this section requires any person who acquires, directly or indirectly, the beneficial ownership of a class of registered equity securities, to file with the Securities and Exchange Commission [S.E.C.] a “Schedule 13D” statement and to send copies to the ...
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MEMORANDUM This action for reinstatement of plaintiff’s pension benefits under the Masters, Mates and Pilots Trust Fund (“the Trust Fund”) and for payment of pension benefits withheld since late 1972 was commenced in the New York State Supreme Court, New York County, and removed to this Court on the ground that it purported to sj;ate a claim over which the federal district courts have subject m...
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OPINION Petitioner pro se, Jose O. Serrano, an inmate of Attica Correctional Facility, having exhausted all available state remedies, challenges his conviction for sodr omy, sexual abuse and endangering the *392 welfare of a child in Supreme Court, Bronx County, on May 20, 1971, following a jury trial. Petitioner claims denial of a fair and impartial trial, due process and equal protection of...
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OPINION Defendant Walter Fogg, Deputy Superintendent of Green Haven Correctional Facility, Stormville, N. Y., moves under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint for legal insufficiency. Plaintiff pro se, Louis Milburn, presently confined in Green Haven Correctional Facility, is serving a term of from twenty years to life for first degree possession of dangerous drugs. He brings...
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*689 MEMORANDUM AND ORDER The defendant, an ordained orthodox rabbi sentenced to imprisonment by this court, seeks food meeting orthodox Jewish dietary requirements (kosher food). The government contends that this court has no power to consider his claim. For the reasons stated below the court holds that it has the power and obligation to require the government to permit this defendant to obt...
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MEMORANDUM AND ORDER This is a diversity wrongful death action growing out of the Eastern Airlines crash in the Florida Everglades which was involved in the case of Gordon, Administratrix v. Eastern Airlines, Inc., (S.D.N.Y.1975) 391 F.Supp. 31. My opinion in that case is incorporated herein. As in the Gordon case the instant plaintiffs were given the option of prosecuting their claims in F...
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MEMORANDUM OPINION I. This is an action to enjoin construction and other development activities on the New River in Northwestern North Carolina, until such time as the Secretary of the Interior has completed a study pursuant to Section 2(a) (ii) of the Wild and Scenic Rivers Act, 16 U.S.C. § 1273(a)(ii), to determine whether a segment of this river, which would be eliminated as a fre...
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ORDER This action arises from the alleged default by the builder on various construction financing agreements involving the construction of an apartment project in Oklahoma City, Oklahoma, known as the Sturbridge Apartments. Plaintiffs provided such financing and accepted and received two mortgages, a financing statement covering personal property installed in the project and promissory notes fro...
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MEMORANDUM ON JURISDICTIONAL QUESTION The parties have submitted for determination the matter of this Court’s jurisdiction over United States Steel Corporation’s (Steel) Claim for damages and the United Mine Workers’ (UMW) Counterclaim for wages and fringe benefits lost by its members, as a result of two work stoppages which were triggered by the June 1971 Strike at the Gateway Mine in Greene Cou...
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Plaintiff, Jeffrey Clark, who is presently incarcerated at the Dauphin County Prison awaiting trial on state charges of aggravated assault, robbery, and conspiracy to deliver a controlled substance, has filed this civil rights action pursuant to 42 U.S.C.A. § 1983 against Leroy Zimmerman, the District Attorney of Dauphin County, William Woods, a state district magistrate in Harrisburg, and Norv...
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OPINION The within action was commenced by a minor public school student through her parent and natural guardian. Defendants are (1) The School District of Erie, Pennsylvania, (2) Richard Hilinski, the Superintendent of the School District and (3) Richard Southworth who, at the time of the occurrence on which this action is premised, was a teacher at Washington Elementary School in Erie. Jurisdict...
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OPINION INDEX Pages INTRODUCTION ________________________________________ 266-268 I. HISTORY OF THE ZENITH ACTION, C. A. NO. 74-2451 ___________________________________________ 266-267 II. HISTORY OF THE NUE ACTION, C.A. NO. 74-3247 267-268 FINDINGS OF FACT____________________________________ 268-284 I. PRELIMINARY CONSIDERATIONS________________ 268 II. ...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This is an action brought by plaintiffs for the refund of income taxes and assessed interest for 1971 in the amount of $403.72, plus statutory interest. Plaintiffs are farmers in Terry County, Texas. Like most farmers who raise cotton, plaintiffs have acquired cotton allotments for use in their farming operation. During the years 1968 through 1970, plaint...
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MEMORANDUM ORDER AND OPINION APPROVING TRUSTEE’S PLAN OF DISTRIBUTION (In lieu of Findings of Fact and Conclusions of Law under Rule 52(a)) This case arises out of a liquidation proceeding commenced by the Securities and Exchange Commission (SEC) against Associated Underwriters, Inc., (Associated), a stock brokerage firm, pursuant to the Securities Investor Protection Act of 1970, 15...
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MEMORANDUM OPINION AND JUDGMENT I BACKGROUND FACTS The liability portion of a bifurcated trial was held in this wrongful death action on April 21, 1975. Plaintiffs are the wife and children of Wrenford Henry, a thirty-year-old man who died at Richmond Penitentiary on the morning of September 10, 1972. Apprehended on September 6, 1972 during the commission of a larceny at a local store, decedent wa...
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DECISION and ORDER This is a petition for issuance of a writ of habeas corpus pursuant to 28 U. S.C. § 2255. On October 11, 1972, Mr. Machi was convicted in case number 70-Cr-167 for violation of federal gambling statutes. Although he did not raise this issue in his pre-trial motions to suppress or on appeal, he now complains that the introduction at trial of certain court-ordered electronic surve...
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CONSENT ORDER This is a class action brought by plaintiffs pursuant to the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq. In their Complaint, plaintiffs allege that defendant has engaged in racially discriminatory advertising and marketing practices. Plaintiffs allege that these practices indicate a “preference, limitation, or discrimination based on race” in violation o...
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MEMORANDUM OF DECISION ON MOTIONS TO DISMISS THE INDICTMENT AND WITHDRAW PLEAS The fall-out from the Supreme Court’s decisions in United States v. Giordano, 416 U.S. 505, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974), and United States v. Chavez, 416 U.S. 562, 94 S.Ct. 1849, 40 L.Ed.2d 380 (1974), has now reached this Court, creating a situation that is, if not rad...
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In this case, Marion Plato and Robert Trail, 1 for themselves and others similarly situated, challenge the notice and hearing procedures used by the Veterans Administration (V.A.) in connection with suspending veterans’ pension benefits. The request that a class be certified was earlier granted. The first issues to be faced in this case pertain to whether this court has jurisdiction to hear the...
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MEMORANDUM AND ORDER I. The transcripts of both the pretrial and trial proceedings in this case reflect the difficulties encountered in getting this case to trial on the merits. Although we denied defendant’s motion to dismiss for plaintiff’s failure to comply with this Court’s post-trial order [Tr. 2101] in regard to the manner in which plaintiff’s proposed findings of fact and prop...
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OPINION AND ORDER This is a petition for habeas corpus, brought on the eve of petitioner’s state *1063 court trial, which alleges that the pending state prosecution violates his rights under the Double Jeopardy Clause of the Constitution. On December 2, 1971, the Hudson County Grand Jury charged petitioner, in Indictment No. 326-71, with bribery (Count 1), unlawful takin...
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MEMORANDUM AND ORDER This case presents the very interesting but troublesome question of the application of the Supreme Court’s holding in Preiser v. Rodriguez (1973) 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439. On defendants’ motion to dismiss, we must decide whether this state prisoner’s civil rights complaint can be brought pursuant to 42 U.S.C. § 1983 or whether plaintiff’s exclusive remedy...
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MEMORANDUM DECISION AND ORDER The Secretary’s motion for summary judgment pursuant to Fed.R.Civ.P. 56(b) is hereby granted and plaintiff’s like motion pursuant to Fed.R.Civ.P. 56(a) is hereby denied. The plaintiff, Ira G. Jaffess, is a World War II Navy veteran who has received a disability benefits pension from the Veterans Administration (VA) since 1943. Such benefits are awarded p...
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ORDER Defendants Poe and Brice have each moved to suppress as evidence herein certain telephone conversations to which they were a party and which were recorded on tape and which it appears the Government intends to introduce in evidence at the trial of this case. The Government opposes both Motions. The Motions and Response in opposition have been briefed.1 The Court has conducted an evidentiary ...
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*277 MEMORANDUM This action is presently before the Court on cross motions for summary judgment. Plaintiff, a widow of a coal miner who died in the mines in 1949, seeks to review a final decision of the Secretary of Health, Education and Welfare denying her benefits under the Black Lung Act, as amended in 1972. 30 U.S.C. § 901 et seq. (Supp.1975). The Court’s juri...
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MEMORANDUM OPINION AND ORDER This case was filed by seven Plaintiffs, all former shareholders of the Defendant Denton and Anderson Company (hereinafter referred to as D & A). It was filed individually and on behalf of all other former shareholders who sold their stock to D & A pursuant to an allegedly fraudulent tender offer made by the Company. Now before the Court is the Plaintiffs’ Motion to C...
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DECISION AND ORDER At the court trial of the defendant Elroy Joseph Morris for his refusal of induction into the Armed Forces in violation of the Selective Service Law, Title 50 Appendix, United States Code § 462, defendant moved for a judgment of acquittal. The matter was taken under advisement, and I now conclude that defendant’s motion for acquittal must be granted. The stipulated facts before ...
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MEMORANDUM OPINION On June 27, 1973 the plaintiff, Louisiana-Nevada Transit Company, filed complaint herein seeking a declaratory judgment. (Hereafter in this opinion Louisiana-Nevada Transit Company will be referred to as “LNT”; Texas Gas Transmission Corporation as “TGT” and United Gas Pipe Line Company as “United”). The jurisdiction of the Court is not in question. The actual controver...
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MEMORANDUM OF DECISION AND ORDER Appellants United Equity Corporation (“United”) and Edward GranvilleSmith appeal from an order of the bankruptcy court denying their motion to transfer an adversary proceeding commenced by Young Properties Corporation (“Young”) from the District Court for the Southern District of California to the District Court for the District of Maryland. Although this court ...
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MEMORANDUM AND ORDER This matter is before the Court on defendants' motion to quash an attachment or to stay execution of judgment, *549and plaintiff’s motion for judgment of condemnation. On consideration of the entire record herein, and after oral argument on the motions, the Court concludes that the attachment should be quashed, that plaintiff should be denied a judgment of condemnation, and t...
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MEMORANDUM AND ORDER This matter comes before the court on the motion of the United States for an order compelling Marc L Langswager, a witness before the Special November 1974 Grand Jury to testify as to the circumstances and content of meetings he had with third parties in the presence of his attorney. The witness has moved the court not to enter the requested order on grounds that the compel...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the motion of the defendant, Marshall Field & Co., for summary judgment.1 For the reasons set forth below, the motion will be granted. This action involves alleged infringement of U.S. Letters Patent No. 3,611,910 (’910), a corn popper. (For a complete discussion of the patent, see this Court’s prior opinion, Ropat Corp. v. West Bend...
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MEMORANDUM AND ORDER This is an action brought pursuant to the provisions of § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), in which plaintiff seeks a review of and reversal of a decision of the Secretary of Health, Education and Welfare denying his application for certain disability benefits. Plaintiff basically contends that the decision of the Secretary that he is not disa...
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394 F.Supp. 796 (1975) In re IBM PERIPHERAL EDP DEVICES ANTITRUST LITIGATION.Memory Technology, Inc. v. International Business Machines Corp., D.Mass., Civil Action No. 74-5051-SSanders Associates, Inc., et al. v. International Business Machines Corporation, D.N.H., Civil Action No. C 7514 No. 163. Judicial Panel on Multidistrict Litigation. May 5, 1975. Before ALFRED P. MURRAH, Chairman, and JOH...
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393 F.Supp. 1322 (1975) Alfred SOLE et al., Plaintiffs, v. GRAND JURORS OF the STATE OF NEW JERSEY FOR the COUNTIES OF PASSAIC AND BERGEN, et al., Defendants. Civ. A. No. 74-1446. United States District Court, D. New Jersey. May 5, 1975. *1323 *1324 Rosenberg & Waldman by Richard K. Rosenberg, Glen Rock, N. J., for plaintiff Muskat. Stanley C. Van Ness, Public Defender by George Tosi, First A...
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OPINION This Court, upon remand from the Court of Appeals after an appeal by defendant Enterprise Association Steamfitters Local 638 of U.A. (“Local 638” or the “Union”), has reconsidered, as discussed herein, the percentage goals for non-white membership in the A Branch of Local 638 1 as originally pro *984 vided by this Court’s Order and Judgment of June 21, 1973...
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OPINION and ORDER This cause is before the Court on plaintiff’s motion for summary judgment and defendants’ corresponding motion to vacate this Court’s earlier Order of February 6, 1974. Both sides have extensively briefed these matters. Before resolving this dispute, it is useful to set out briefly the past developments in this case. This cause was originally filed February 9, 1973, as a petit...
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OPINION AND ORDER The United States has appealed to this Court for a review of the Order of the Honorable John J. Dilenschneider, Bankruptcy Judge, entered January 4, 1974, granting a discharge of certain claims of the United States for income taxes. Since the facts of this case have been fully set out in the order of the Bankruptcy Judge only a brief summary need be stated here. The...
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*1272 MEMO ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is an action for damages which was removed from the Court of Common Pleas, Lawrence County, Ohio. The plaintiffs, Harold Randall Smith, a minor, and Evelyn Smith, his mother, claim that the defendant, Huntington Publishing Co., published an allegedly libelous article on October 5, 1973, which, it is claimed, defamed them....
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OPINION This class action challenges the validity of certain rules the State of Oregon has made concerning Medicaid payments to the sick and the old.1 Under their provisions, welfare recipients who are institutionalized in nursing homes are presumed, for purposes of determining the amount they will receive, to have available the income .and resources of their spouses, who are neither institutional...
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OPINION This is a complaint filed pursuant to the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of defendant denying plaintiff disability benefits. The immediate matter before the Court is defendant’s motion for summary judgment. If substantial evidence exists supporting the denial of disability benefits, the Secretary’s determination must be affirmed. Gentile v. Finch, 423...
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COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Plaintiff Charlotte R. Smith is a female and is a paraplegic confined to a wheelchair because of a childhood disease. 2. Plaintiff is employed by the National Aeronautics and Space Administration, an executive agency of the United States, and has been so employed since February 12, 1962. 3. Plaintiff at the time of her ...
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Memorandum and Opinion: The above-styled-and-numbered cause concerns two former school teachers in the Houston Independent School District who were not recommended for reemployment for the fall semester, 1971, school year. JURISDICTIONAL QUESTIONS The defendants have raised two jurisdictional arguments. The case *1152 was brought pursuant to both 42 U.S.C. § 1983 and 28 U.S.C. § 1331, a...
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MEMORANDUM Petitioner, a federal parolee, brings this habeas corpus action attacking the failure of the Federal Parole Board to provide him with a prompt parole revocation hearing after learning of his intervening state court conviction. Jurisdiction is conferred by 28 U.S.C. § 2255. This matter comes before the Court on petitioner’s motion for judgment on the pleadings pursuant to Rule 12, F.R...
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*721MEMORANDUM OPINION AND JUDGMENT During the evening of July 10, 1971, a Curtis C-46 airplane leased to plaintiff William Bohlke, doing business as Caribbean Air Services (herein “C.A.S.”) by Aircraft Modifications, Inc., was damaged at Alexander Hamilton Airport when it was struck on the wing by a self-propelled aircraft loading stairs being operated by Elroy Watts, an employee of defendant Air...
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ORDER Plaintiff brought this action pursuant to the Fair Credit Reporting Act (15 U. S.C. § 1681 et seq.) and also claimed invasion of privacy. Jurisdiction of the federal claim is alleged under 15 U.S.C. § 1681p, and plaintiff asks the Court to exert pendent jurisdiction over the state claim. Defendants have moved to dismiss the action. Factual Background On October 16, 197...
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MEMORANDUM AND ORDER Presently before the court are plaintiffs’ motions for a preliminary injunction eliminating the 5'6" pre-selection height requirement for Q-2 patrol officers, and banning discrimination against women and male members of ethnic minority groups. Defendants oppose all of plaintiffs’ motions, contending that the selection procedures utilized by the San Francisco Civil Service C...
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MEMORANDUM AND ORDER This is an action challenging regulations of the Bureau of Land Management (hereinafter “BLM”) governing the use of off-road vehicles (ORV) on public lands administered by that agency. Jurisdiction is founded upon certain sections of the Administrative Procedure Act, viz, 5 U.S.C. §§ 701-706, 28 U.S.C. § 1331(a), and § 1361 of 28 U.S.C. Plaintiff, National Wildlife Fede...
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OPINION This is a suit by plaintiff, Howard, Weil, Labouisse, Friedrichs, Incorporated [hereafter Howard, Weil] against defendant, Insurance Company of North *1280America, [hereafter INA] under a Brokers’ Blanket Bond issued by defendant to plaintiff. Under the bond INA was contractually obligated to indemnify Howard, Weil against any loss of money which Howard, Weil might sustain through any dis...
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OPINION AND ORDER This is a civil rights class action suit brought by residents of the city of Boston pursuant to 42 U.S.C. §§ 1983, 1984, 1985. They seek a declaration of unconstitutionality of the Racial Imbalance Law, Mass.Gen.Laws ch. 71, §§ 37C, 37D, 371, 37J; ch. 15, §§ II, 1J, IK, as amended. They also seek an order enjoining the implementation of any orders issued by Judge Garrity in Mo...
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MEMORANDUM APPROVING ALLOWANCE AND DISALLOWANCE OF CLAIMS; APPROVING FINAL PLAN OF DISTRIBUTION; AND ALLOWING ATTORNEYS’ FEES This matter comes before the Court upon application of the Hoffert Committee of Counsel for an Order approving the recommended allowance and disallowance of claims and the Committee’s recommended plan of distribution. Also before the Court are applications of certain membe...
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394 F. Supp. 799 (1975) In re AIR CRASH DISASTER AT PAGO PAGO, AMERICAN SAMOA, ON JANUARY 30, 1974.Marine National Bank, etc. v. Pan American World Airways, Inc., W. D. Pa., Civil Action No. 74-113. No. 176. Judicial Panel on Multidistrict Litigation. May 2, 1975. *800 Before ALFRED P. MURRAH, Chairman, and JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, II...
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OPINION The deposition program in this antitrust action involving hundreds of nonparty witnesses gives rise to the instant opinion. These depositions are governed by the Publicity in Taking Evidence Act, 15 U.S.C. § 30 (1970), which mandates that depositions taken in a suit in equity brought by the United States under 15 U.S.C. §.§ 1-7 shall be open to the public as freely as are trials in open c...
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MEMORANDUM OPINION This suit raises novel questions as to the scope of liability of the New York Stock Exchange (“Exchange”) under § 6 of the Securities Exchange Act of 1934, 15 U.S.C. § 78f. In June 1970, Orvis Brothers & Co., a member firm of the Exchange, commenced liquidation after a period of financial deterioration. The Exchange brings this action to recover some $5,000,000. expende...
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MEMORANDUM DECISION Defendant Touche Ross & Co. has moved for an order pursuant to Rule 12(b), F.R.Civ.P., dismissing the amended complaint for failure to state a claim under the federal securities laws, and for lack of subject matter jurisdiction. Alternatively, the defendant seeks an order, pursuant to Rule 9(b), F.R.Civ.P., dismissing the amended complaint for failure to state “the circumstanc...
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There have been so many motions and cross-motions in' this and the related proceeding commenced by the Federal Trade Commission that there is no need to elaborate on their nature or the parties thereto. The instant motion is by the original plaintiffs for a class action determination. The FTC order requiring the filing of LB reports was directed to 345 of the leading manufacturing corporations of ...
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MEMORANDUM ORDER This matter came on for hearing before the Court on March 21, 1975 on defendant’s motion for summary judgment under Rule 56, Federal Rules of Civil Procedure. Counsel for plaintiff conceded in open court that plaintiff no longer seriously pursues the breach of warranty claim against the defendant and, therefore, the defendant’s motion for summary judgment was based solely...
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MEMORANDUM AND ORDER This is a diversity contract action brought by Chase Manhattan Bank (Chase) to recover $108,000 allegedly due on a Letter of Credit issued by Equibank for the account of Air-North Associates (Associates), the general partner of Pitt-Bethel Associates, Inc. (Pitt-Bethel). Equibank denies a proper demand within the credit period, and Associates counterclaims for money s...
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MEMORANDUM This proceeding has been filed pursuant to Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.A. § 901 et seq. (Act). By virtue of same we are asked to review a final decision of the Secretary which denied Black Lung survivor’s benefits to the wage earner’s widow. The case is before us on the Secretary’s motion for summary judgment. ...
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ORDER Sitting by Designation. This matter is before the court on defendants’ resisted motion for determination of venue, or in the alternative, for transfer of venue, filed April 16, 1975. These criminal prosecutions arise out of alleged unlawful activities by the three defendants during the “Wounded Knee Takeover,” an incident occurring on the Pine Ridge Indian Reservation, Sou...
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*1227 MEMORANDUM ORDER This is an action to recover $268,427.-46, twice the amount of the allegedly usurious interest paid by plaintiff to defendant on a promissory note. The action is brought under 12 U.S.C. §§ 85 and 86. 1 Jurisdiction is founded on 28 U.S.C. § 1331 (federal question), and venue is laid under 12 U.S.C. § 94. Defendant has filed a motion to dismiss fo...
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DECISION AND ORDER Plaintiff Willard Reid commenced this action under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 216(b), for unpaid overtime compensation claimed to be due and owing from the defendant. Jurisdiction is based on § 16(b) of the Fair Labor Standards Act and 28 U.S.C. § 1337.1 .The parties have stipulated to all the material facts and have filed cross-motions for su...
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OPINION Plaintiff Mickey Francis and his wife Norma Francis, Trinidad residents, bring this diversity action seeking compensation for personal injuries that Francis allegedly received while he was employed as a deep-sea diver aboard a movable drilling barge on the coastal shelf off Trinidad. In an earlier decision of this Court, Francis v. Pan American Trinidad Oil Company, 59 F.R.D. 631 ...
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ORDER GRANTING MOTION TO DISMISS The plaintiff initiated this action pursuant to 28 U.S.C. § 2409a, seeking to quiet title to certain real property owned by the plaintiff in Valley County, State of Idaho, and to enjoin the defendants, respectively, the United States, the Secretary of Agriculture, the Secretary of Interior, the Chief of the Forest Service, *625from asserting any claim or interest i...
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DECISION Plaintiff has filed a verified complaint challenging a refusal of the defendant General Counsel of the N.L.R.B. to issue an unfair practice complaint against an employer. Plaintiff also seeks a temporary restraining order and a preliminary injunction against a decertification election which is presumably to be conducted by defendants as a consequence of the refusal to issue the unfair, p...
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MEMORANDUM OPINION AND ORDER The Court is presented with cross-motions for summary judgment in this case. Both plaintiff and defendant state that there is no genuine issue as to any material fact raised by the complaint and that they are entitled to a judgment as a matter of law. The Court has perused the briefs filed and now agrees that there is no triable issue of material fact and that the q...
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MEMORANDUM AND ORDER Plaintiff, George Galloway, was convicted in 1945 in the Criminal Court of Baltimore City of rape, assault with intent to murder, burglary, assault with a deadly weapon, and of being a rogue and vagabond. His case was heard by a panel of two judges sitting without a jury. He was sentenced to life imprisonment for rape and to a total of thirty-seven years of imprisonment con...
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MEMORANDUM OPINION AND ORDER This is an action by a federal employee against the Michigan Air National Guard for alleged racial discrimination in employment brought under Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16. On defendants’ motion for summary judgment, this case is here for *381 final dispos...
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MEMORANDUM APPROVING PLAN OF DISTRIBUTION AND ATTORNEYS FEES This matter comes before the Court upon motion of the “Doughboy Committee of Counsel” for the Court to accept the plan of distribution recommended by the Committee of Counsel and to distribute the “Doughboy Settlement Fund” to certain class claimants. Also before the Court are some sixteen petitions for attorneys fees and allowa...
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394 F.Supp. 381 (1975) RADIOMARINE CORPORATION, Plaintiff, v. GULF NORTHERN CO., INC., Defendant. No. 74-269A(3). United States District Court, E. D. Missouri, E. D. May 1, 1975. *382 Fritz G. Faerber, Lucas, Murphy & O'Keefe, St. Louis, Mo., for plaintiff. Clayton J. Swank, III, Robertshaw, Merideth & Swank, Greenville, Miss., Gary T. Sacks, Goldstein & Price, St. Louis, Mo., for def...
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OPINION Champion International Corporation (Champion) filed this action to recover $1,000,000 from Continental Casualty Company (Continental), one of Champion’s insurers. This Court has jurisdiction under 28 U.S.C. § 1332. Champion sells construction materials, among other things. In 1969 and 1970, Champion bought a large number of vinyl covered plywood panels from Continental Vinyl ...
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This is an action in which the plaintiff, Frances J. Markham, seeks to recover damages for injuries sustained as the result of an accident which occurred on Route 90, at Ripley, New York, when the defendant, Robert E. Gray, an employee of The Kaplan Trucking Company, drove a Kaplan truck into a toll booth on Route 90 and injured the plaintiff. On December 24, 1973, the defendant, William H. Ander...
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This is a suit brought before a three-judge court by the North Carolina Utilities Commission seeking to enjoin, set aside, annul and suspend an order of the Interstate Commerce Commission entered April 10, 1973. 49 U.S.C. § 17(9); 28 U.S.C. §§ 1336, 2284, 2322, 2325. This lawsuit is a sequel to prior litigation reported under the name North Carolina ex rel. North Carolina Utilities Commission v. I...
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DECISION AND ORDER The plaintiff is a white male who was .employed by New York Telephone as a switchman from November, 1970, until October, 1972, when he resigned. In December, 1972, he applied for similar employment with the defendant Wisconsin Telephone Company. He has not been hired. On April 8, 1974, the plaintiff filed a charge of discrimination with the Equal Employment Opportunity Comm...
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OPINION AND ORDER Plaintiff, Martha Ellen Reichardt, brings this action on behalf of herself and a class of women who allege they have been discriminated against in purchasing disability insurance policies. She has named as defendants the Insurance Commissioner of the State of California (“the Commissioner”); the Life Insurance Company of North America (“LINA”), which is the company that ...
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*1104 MEMORANDUM AND ORDER The defendant has filed three motions for partial summary judgment, each of which is directed to different aspects of the claims for relief asserted by the plaintiff and by the additional parties plaintiff. This memorandum considers the first of those motions, filed December 17, 1974. UNCONTROVERTED FACTS Upon consideration of the pleadings, p...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Introductory Statement On October 21, 1974, plaintiff brought suit against the Administrator of the Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) seeking declaratory and injunctive relief. Plaintiff seeks a declaratory judgment that the defendants have acted in violation of the Federal Water Pol...
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FINDINGS OF FACT 1. Plaintiff Patterson-Schwartz & Associates, Inc. (“Patterson-Schwartz”) is a Delaware corporation having its principal place of business in Delaware. 2. Defendant Unit, Inc. (“Unit”) is a Texas corporation whose principal place of business is not in Delaware. It is registered to do business in Delaware and has real estate investment interests in Wilmington, Delaware; Cincinnat...
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MEMORANDUM OPINION AND ORDER This is an action brought by two named individuals and an ad hoc community organization to enjoin defendant First Bank of Dundee from demolishing a certain building located in West Dundee, Illinois, or alternatively to enjoin the Village of West Dundee from issuing a demolition permit to the Bank authorizing the demolition. The cause is presently before the Court ...
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MEMORANDUM OF DECISION This is an action brought by plaintiff under Section 201 of the Social Security Act, as amended. (42 U.S.C.A. § 401 et seq.) Section 405(g) provides for a judicial review of a “final decision” of the Secretary of Health, Education, and Welfare. Plaintiff contends that defendant erroneously denied plaintiff a period of disability as provided in Section 216(i), and disabili...
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MEMORANDUM AND ORDER I. Facts This is a maritime “slip’n fall” case arising under the provisions of the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 905(b) (Pocket Pt. 1974). The plaintiff, a longshoreman, was injured when he slipped and fell off a ladder leading into the No. 4 hatch on the defendant’s ship, the S.S. SANTA CLARA. T...
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MEMORANDUM AND ORDER I. This antitrust case was initially filed on February 1, 1972 in the Western District of Texas as a civil action under circumstances stated in the affidavit filed January 3, 1974 by the Honorable Richard W. McLaren, presently a United States District Judge, who at the time this case was filed, was the Assistant Attorney General of the United States in charge of ...
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MAGISTRATE’S REVIEW AND RECOMMENDATION OF PETITIONER’S PETITION FOR WRIT OF HABEAS CORPUS Wesley Austin seeks habeas corpus from the Missouri State Penitentiary in Jefferson City, Missouri, where he is under a twenty-five year sentence for assault with intent to kill. He was found guilty of said assault by a jury in the Circuit Court of the City of St. Louis, State of Missouri, and sentence was im...
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393 F.Supp. 1093 (1975) In re FRANKLIN NATIONAL BANK SECURITIES LITIGATION. No. 196. Judicial Panel on Multidistrict Litigation. April 30, 1975. *1094 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. OPINION AND ORDER PER CURIAM. I. Background This litigat...
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OPINION AND ORDER On September 11, 1974, an Eastern Air Lines DC-9 jet crashed into woods some 3.3 miles from Runway 36 at Douglas Municipal Airport, Charlotte, North Carolina. The plane was making an intermediate stop in its flight from Chicago, Illinois, to Charleston, South Carolina. Seventy-two of the eighty-two persons aboard the craft died as a result of the crash. This litigation presently ...
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Preliminary Statement This action was brought by the Government pursuant to 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345 to enforce the provisions of Title VII Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e, et seq.), on behalf of Salomon Zamora, a fireman employed by the City of Albuquerque. In 1971, two years after his employment, Zamora rejoined the Seventh Day Ad...
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This action is brought by female employees of the New York City Board of Education (Board) and the New York City Department of Social Services (Department) on behalf of themselves and other female employees in city agencies similarly situated. Plaintiffs challenge, on constitutional grounds, the rules and regulations of the defendant city agencies which plaintiffs claim arbitrarily compelled preg...
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OPINION Plaintiff,' a Delaware corporation, instituted this action against defendant, a-mutual savings bank incorporated in the State of Washington, to recover damages for breach of an option or standby contract to purchase government-backed mortgage securities. Initially, plaintiff commenced the action by personal service of the summons and complaint upon defendant’s Treasurer in the State o...
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MEMORANDUM OPINION The above entitled cause came on for trial pursuant to regular assignment this 23rd day of April, 1975. Plaintiff appeared by counsel, Ronald R. Hudson, and defendant appeared by counsel, Paul J. Kessler and Ralph Zola. The parties announced ready, a jury having previously been waived, and the Court proceeded to receive evidence and hear the testimony of witnesses sworn and e...
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DECISION AND ORDER On April 3, 1975, plaintiffs’ attorney, on behalf of the class of plaintiffs represented in the Myles Jackson case, Civil Action No. 73-C-74, filed a motion for a temporary restraining order, seeking to restrain defendant from terminating the “lease” presently in force between the defendant and Douglas W. Zickhur, except for good cause, and/or refusing to offer said Douglas W. ...
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ORDER It is hereby ordered that this Court having received and considered petitioner’s petition for writ of habeas corpus dated August 7, 1974; and having received and considered the respondent’s response to said petition dated September 20, 1974; and having on April 7, 1975, considered the evidence and oral argument relating to the petition in a hearing coming regularly before this Court, find...
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MEMORANDUM OPINION In this action, plaintiff, a female veteran, seeks an order directing defendant Veterans of Foreign Wars of the United States (VFW), a corporation chartered by Act of Congress, 36 U.S.C. § 111 et seq., to reconsider her application for membership in said organization and enjoining defendant from barring her membership solely because she is a female. The bylaws of the VF...
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The plaintiff, R. Fiske Whitney, seeks to recover $250,000 from the defendants, who are his daughter and son-in-law, Virginia and Herbert Brann, for personal injuries which he allegedly sustained as a result of an unusual accident involving a horse owned by the defendants. The separate issue of liability was tried by the Court without a jury on March 26, 1975. After carefully considering the suffi...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on defendants’ motion for partial summary judgment against all plaintiffs who have purchased concrete block indirectly through contractors on competitive bid contracts, or have made direct purchases from non-defendants. This case is a civil antitrust suit by the State of Illinois on its own behalf and on behalf of various governmental...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on plaintiff’s motion for summary judgment against defendant Ranger Insurance Company (“Ranger”) pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff is a citizen of Illinois and defendant Ranger is a corporation incorporated under the laws of the State of New York, having its principal place of business in a state ...
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FINDINGS AND RULINGS This Complaint dated January 27, 1975, is brought under the Civil Rights Acts (42 U.S.C. § 1983) for injunctive relief and for damages. Plaintiffs’ motion for a temporary restraining order was denied after hearing on January 28, 1975. Plaintiffs’ motion for reconsideration was denied on January 31, 1975. A memorandum of findings and ruling was filed by me on February 5, 197...
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OPINION AND ORDER A Boeing 727 aircraft, being operated as Trans World Airlines Flight 514, crashed into a mountainside on December 1, 1974, as it was descending for its approach to Dulles International Airport near Washington, D. C. All 92 persons aboard the plane died as a result of the crash. At the present time, nineteen actions arising from this disaster are pending in four different...
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OPINION PRELIMINARY STATEMENT A bench trial of these two consolidated actions was held before me on March 3-5, 1975. Involved are a company’s merging of operations and conflicting work seniority claims of two groups of employees, which in Civil Action 1377-72 consisted of former General Motors Harrison plant employees (hereinafter referred to as “Sakala”), and in Civil Action 658-72 ...
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*350 OPINION Plaintiffs, welfare recipients, seek declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1983 on behalf of themselves and all others similarly situated against the Oregon Public Welfare Division, its Administrator, the Oregon Department of Human Resources, and its Director. Jurisdiction is conferred by 28 U.S.C. § 1343(3) and (4). ...
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OPINION Plaintiff, Mary Stanley, an Oregon resident, brings this action against Commercial Courier Service, Inc. (Courier), a Washington corporation, and several of its employees. Plaintiff seeks damages and re *819 scission of a purchase she made from defendants of an alleged security. 15 U.S.C. § 77v; 15 U.S.C. § 78aa; ORS Ch. 59. In the alternative, she seeks enforcement o...
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MEMORANDUM AND ORDER Plaintiff, a citizen merchant seaman, seeks to collect penalty wages and to declare invalid certain regulations of the United States Coast Guard under which seamen’s wages are computed. Plaintiff was on foreign articles on defendant Mathiasen’s “SS Sohio Resolute” from October 31, to December 5, *792 1973. On December 6, 1973, he rejoined the crew of said vessel in the ...
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*540MEMORANDUM AND ORDER The plaintiffs filed suit seeking the return of tax deficiencies paid under protest. The parties entered into a complete stipulation of facts. The following history of the case includes those stipulated facts upon which the court relies in making its decision. Luther W. McCoy, Donald E. Kutz and three other persons incorporated the McCoy Electronics Company (MEC) in 1952 u...
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OPINION AND ORDER This matter comes before the Court on the motion of Peter J. Camiel to postpone his scheduled appearance before a Grand Jury in the Eastern District of Pennsylvania. On the basis of the pleadings and memoranda of the parties, the affidavit of Richard Galli, Esquire, and the testimony of Mr. Camiel, we make the following Findings of Fact and Conclusions of Law: I. FINDINGS OF FACT...
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MEMORANDUM Plaintiffs, who appear both individually and as members of the class they represent, were, at the time this suit was instituted, eligible to receive benefits pursuant to the Aid to Families with Dependent Children (AFDC) program established under Title IV of the Social Security Act of 1935, as amended, 42 U.S.C. § 601 et seq. They were, however, subject to, and their AFDC payme...
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JUDGMENT AND ORDER Upon an ex parte application and the posting of bond, a temporary restraining order was issued on April 18, 1975, ordering defendants Charles Baldwin d/b/a Baldwin Construction Company (herein “Baldwin”) and Alphonso Holder, Commissioner of Property and Procurement for the Government of the Virgin Islands (herein “The Government”) from performing a contract for the construction ...
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MEMORANDUM OPINION I. STATEMENT OF THE CASE. Plaintiff, Southeastern Financial Corporation (“Southeastern”), a North Carolina corporation, instituted this action against defendant, an Alabama resident, for recovery of $13,900.54, representing the total of three worthless checks allegedly “unlawfully made, uttered, or delivered by John Smith.” It also seeks $3,600.00 as a reasonable attorney’s...
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MEMORANDUM OPINION This matter came before the court for hearing on the merits after briefing by the parties. 1 Previously, plaintiffs sought but were denied a temporary restraining order. See 381 F.Supp. 184 (D.D.C.1974). Many of the relevant facts are set forth in the denial of the temporary restraining order and will not be repeated here. The court has jurisdiction under 28 U.S.C. § 1336...
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OPINION AND JUDGMENT In this diversity suit, 1 Dubin Weston, Inc. 2 (“plaintiff”) seeks to recover a brokerage fee in the amount of $23,250 -from Louis Capano & Sons, Inc. (“defendant”) allegedly due under a mortgage brokerage contract entered into between the parties. The case was tried by the Court without a jury on December 19, 1974. The Court, having considered t...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on defendants’ “motion to drop” all governmental plaintiffs to this action except the State of Illinois, pursuant to Rule 21 of the Federal Rules of Civil Procedure. The Attorney General of Illinois filed suit to recover damages allegedly suffered by the State on account of price fixing on concrete block. He also named as parties plain...
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*1253 OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT Plaintiff, Pet Incorporated (“Pet”), instituted this action on October 8, 1971 seeking a declaratory judgment that seven patents owned by or licensed to defendant, Kysor Industrial Corporation (“Kysor”), were invalid, unenforceable and not infringed by reason of Pet’s manufacture of two open-front refrigerated display cases know...
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MEMORANDUM Plaintiffs, two suspended members of the New York City Police Department, seek to enjoin a departmental hearing on charges that plaintiffs failed to answer questions relating to their official duties. After plaintiffs were arrested on February 9, 1975, they were suspended from the Police Department, and indicted by a Queens grand jury on charges of burglary, grand larceny and offic...
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OPINION This is the second action instituted in this court by plaintiff, Wallace Clark & Company, Inc. (“Wallace Clark”), against the defendant, Acheson Industries, Inc. (“Acheson”), involving the validity and infringement of patent No. 2,976,257 issued to and owned by Acheson. The first action was instituted by plaintiff in December 1971 for a declaratory judgment of invalidity of defend...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Winifred S. Nance, the plaintiff, a white female, filed this suit on August 18, 1972, against Union Carbide Corporation of Charlotte, North Carolina, alleging that she was subjected to discrimination because of her sex in the matter of employment, classification, promotion and other incidents of employment. The complaint alleged violations of Title ...
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FINDINGS. OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT OF DISMISSAL I. FINDINGS OF FACT GENERAL 1. This suit was instituted by Plaintiff Eula Jordan Privette, seeking relief for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. This suit, an individual action and not a class action, alleges that the Plaintiff was discriminated against on the basis ...
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OPINION AND ORDER Defendant Pepsi Cola Bottling Company of Pennsauken (“Pepsi”) seeks post-trial relief from a jury verdict against it based on both a contract claim and an antitrust claim. Canada Dry Delaware Valley Bottling Co. (“Canada Dry”) was absolved of all liability by the jury, and is not involved in these post trial motions. Both claims against Pepsi relate to a sub-franchise ag...
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MEMORANDUM This Motion by plaintiff for Summary • Judgment presents an unusual situation in that its disposition is dependent entirely on procedural considerations. Plaintiff’s Complaint seeking the recovery of a finder’s fee was filed on April 29, 1971. In due course, defendant, through its attorney filed an Answer. Subsequently, however, defendant’s attorney was caused to petition the Court to ...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s Motion for a New Trial after a jury verdict of guilty on the one count charged in the indictment. The count upon which the defendant was found guilty was as follows: COUNT I THE GRAND JURY CHARGES: On or about October 31, 1973, NATHANIEL STRATTON, did knowingly and wilfully and with unlawful and fraudulent intent t...
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MEMORANDUM This action, grounded upon violations of Section 27 of the Securities Exchange Act of 1934 1 and Section 45 of the Investment Company Act of 19402 contains individual and class action counts. Presently before the court is plaintiffs’ motion for class certification pursuant to the provisions of Federal Rule of Civil Procedure 23. For the reasons hereinafter stated, the plaintiffs’ motio...
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DECISION AND ORDER This is a suit within the admiralty and maritime jurisdiction of this Court. 28 U.S.C. 1333, Ex parte McNiel, 80 U.S. 236 (13 Wall.), 20 L.Ed. 624 (1871). Plaintiff, a duly licensed pilot for Vieques Sound which is located off the East Coast of Puerto Rico, claims pilot fees from Defendant, the owner of various vessels transiting through said waters as they enter and leave the p...
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DECISION AND ORDER This matter is presently before the Court on plaintiffs’ motion for a temporary restraining order and preliminary injunction. Plaintiffs’ complaint seeks declaratory, and injunctive relief with respect to a threatened federal criminal prosecution of the plaintiffs for alleged violations of 17 U.S.C. § 101(e) as amended in Public Law 92-140, the Sound Recording Act of 1971. In...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Plaintiff brought suit for infringement of patent after purchasing a woman’s swimsuit, with a brand name of “Belgrad” from defendants L. A. Baarcke d/b/a North Palm Beach Swim Shop on May 24,1974. Plaintiff was a swim official and amateur coach and developed the suit for his daughter Maureen while living in Iowa Falls, Iowa. He...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come on for trial on Tuesday, April 22, 1975, the plaintiff appearing by its attorneys William D. Keller, United States Attorney, Frederick M. Brosio, Jr., Assistant U. S. Attorney, Chief of Civil Division, by Dzintra I. Janavs, Assistant U. S. Attorney, and defendants appearing by their attorney Stephen Tornay, the Court having consider...
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MEMORANDUM OPINION AND ORDER The Government commenced this action pursuant to 15 U.S.C.A. § 25 (1948) [Clayton Act], challenging the acquisition by defendant M.P.M., Inc., [MPM] of two formerly independent ready-mix concrete firms, Mobile Conerete, Inc. [Mobile] and Pre-Mix Concrete, Inc. [Pre-Mix], and the subsequent corporate merger of the firms as violative of Section 7 of the Clayton ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact Nature of the Action and Procedural History. 1. Plaintiffs are: the Commonwealth of Pennsylvania; the State of Texas; the Council of North Atlantic Shipping Associations, an unincorporated multiemployer bargaining association; the International Longshoremen’s Association, AFL-CIO; and, the Delaware River Port Authority, a public c...
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The above captioned cases have been brought pursuant to the Consumer Credit Protection Act, 15 U.S.C.A. § 1601 et seq., and Regulation Z, § 226.1 et seq., seeking damages for the alleged failure of the defendant MCC Financial Services, Inc. (hereinafter MCC), to comply with the disclosure requirements of the Act. Plaintiffs have brought these actions, each alleging two counts: (1) the insu...
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*971RULING ON MOTION FOR REHEARING ON ORDER OF REMAND Plaintiff, Bastrop Loan Company, Inc., a Louisiana corporation domiciled in Morehouse Parish, filed this suit on March 21, 1975, in the Fourth Judicial District Court of Louisiana, Morehouse Parish. The suit is brought against Clifton Burley and his wife, Henrietta Burley, alleged to be resident citizens of Louisiana, for collection of the bal...
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Opinion and Order This is a case in which the naiveté and misjudgments of the plaintiffs, combined with their apparent lack of competent advice, have resulted in the loss of their responsible jobs at the Frederick Community College although others, more culpable than the plaintiffs, did not suffer the same fate. This seemingly anomalous result was brought about through a series of misundersta...
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MEMORANDUM OPINION FINDINGS OF FACT (1) This action was filed on July 27, 1971, for declaratory and injunctive relief against the Hinds County Board of Supervisors, the Hinds County Election Commission, and the Hinds County Democratic Executive Committee, the named plaintiffs seeking to represent a class of persons composed of “all black citizens in Hinds County, Mississippi, who are register...
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MEMORANDUM OPINION Upon trial to a jury in Cause No. 68 CR 279(2) petitioner was convicted of the offense of attempted entry into a federally insured savings and loan association with intent to commit larceny therein. On January 23, 1969, the Honorable James H. Meredith sentenced petitioner to 20 years imprisonment. Upon direct appeal the conviction was affirmed. United States v. Stead, 8 Cir., 42...
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The plaintiffs, proceeding as a class 1 and as poor persons, contest a practice of the Attica Correctional Facility’s officials which bars visits from family and friends to inmates refusing to shave. 2 The plaintiffs have moved for a preliminary injunction against the enforcement of the so-called “no shave/no visit” rule. The inmates being disciplined in this fashion feel that the right to ...
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MEMORANDUM Mackey Raymond Choice was indicted for bank robbery, conspiracy and unlawfully carrying a firearm during the commission of a felony, as a result of an incident which occurred at the Provident National Bank branch located at 3901 Conshohocken Avenue, Philadelphia, on October 16, 1974. Choice filed several pretrial motions, including a motion to suppress statements which were averred t...
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MEMORANDUM AND ORDER Now before the Court are defendant’s post-trial motions for a judgment of acquittal or, in the alternative, for a new trial which were filed subsequent to his conviction by a jury on January 10, 1975 of second-degree murder in violation of 18 U.S.C. § llll. 1 Defendant, an inmate at the United States Penitentiary at Lewisburg, Pennsylvania, together with Harold Thomas Smi...
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' MEMORANDUM AND ORDER This matter comes before the Court on the defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This motion for summary judgment is submitted upon the pleadings, depositions, affidavits, exhibits and answers to interrogatories. For the reasons expressed hereinafter, the defendant’s motion for summary judgment is granted...
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DECISION This cause is before the Court pursuant to Plaintiff’s action brought against Defendants under Section 1983 of the Civil Rights Act, Title 42, United States Code and its jurisdictional counterpart, Title 28 United States Code, Section 1343. Plaintiff seeks injunctive relief and monetary damages alleging political discrimination. Plaintiff taught a course related to the repair of electrica...
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OPINION * In this action the plaintiff seeks to recover compensatory and punitive damages from the defendants, two of whom are revenue officers who made an alleged wrongful seizure of certain property belonging to the plaintiff on June 4, 1974, and their immediate superior. In his complaint the plaintiff alleges that on January 23, 1974, the United States Government filed a federal tax lien for u...
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DECISION and ORDER This is the plaintiff’s motion to remand pursuant to 28 U.S.C. § 1447(c) (1970). I conclude that such motion should be granted. This action was removed from the circuit court of Winnebago County on January 13, 1975. Removal was accomplished after a summons had been served but prior to the existence of a complaint; to date, there has been no complaint filed in this case. Removal...
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MEMORANDUM OPINION AND ORDER The sufficiency of the complaint to state a claim for relief within the jurisdiction of this Court has been challenged by the defendant’s motion to dismiss. This is a civil action initiated by the Equal Employment Opportunity Commission (hereinafter .EEOC) pursuant to 42 U.S.C. § 2000e et seq. It is alleged *169 that more than thirty days before i...
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RULING ON DEFENDANT’S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT This case presents the question of the jurisdiction of a United States district court to entertain breach of contract claims against the Secretary of Housing and Urban Development (H.U.D.) when the relief requested is damages in excess of $10,000. On August 3, 1971, the Hartford (Connecticut) Area Director of H.U.D. issued a...
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MEMORANDUM OF DECISION ON SEVERED ISSUE CONCERNING DAMAGES This diversity action for breach of contract and tort arises out of the leasing of data-processing equipment by defendant Burroughs Corporation (“Burroughs”) to plaintiff Applied Data Processing, Inc. (“ADP”). ADP alleges that the equipment failed to function properly and claims damages for breach of express and implied warranties...
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MEMORANDUM AND ORDER Plaintiff Eastman Kodak Company (Kodak) has brought this action for a declaratory judgment that United States Patents Nos. 3,113,115, 3,231,515, 3,257,332, 3,392,162, and 3,826,792, all owned by defendant Studiengesellschaft Kohl mbH (SGK), are invalid, unenforceable, and not infringed. Kodak is a New Jersey corporation with its principal place of business in Rocheste...
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MEMORANDUM DECISION Plaintiff Roger Gonzalez brings suit against Schmerler Ford, an automobile dealership engaged in selling new and used automobiles at retail to consumers, and charges defendant with violation of the Truth in Lending Act, 15 U.S.C.A. § 1601 et seq., and Federal Reserve Regulation Z, 12 C.F.R. 226, by failing timely to disclose credit information in the sale of...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT The plaintiff, a former instructor at Iowa Central Community College in Fort Dodge, Iowa, brought this action under 42 U.S.C. § 1983 (1970) alleging that his employment at that institution was terminated for constitutionally impermissible reasons. This Court has jurisdiction of the matter by virtue of 28 U.S.C. § 1343(3) (1970). ...
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OPINION Plaintiff, T. L. Smith, d/b/a T. L. Smith’s Store, Oak Ridge, Morehouse Parish, Louisiana, was authorized to redeem food stamps issued pursuant to the Food Stamp Act, Public Law 88-525, Section 2, August 31, 1964, 78 Stat. 703, 7 U.S.C. § 2011 et seq. By letter dated November 15, 1973, Larry Rose, Food Stamp Review Officer, advised Smith that a pending one year period of disqualificat...
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MEMORANDUM AND ORDER Defendant has filed a motion to suppress the Government’s search and seizure, without a warrant, of a metal box containing currency allegedly taken in a bank robbery in Harrisburg on January 14, 1975. A hearing on the motion was held April 23, 1975, and evidence received from which the following findings are made. On Thursday night, January 23, 1975, at approximately 11:3...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION FINDINGS OF FACT 1. The plaintiff, United States Steel Corporation, is a corporation organized and existing under the laws of the State of Delaware. Through its Maple Creek Mine in Washington County, Pennsylvania, the plaintiff is engaged in the mining and processing of coal which is used by the plaintiff in the production of steel and...
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OPINION AND ORDER Petitioner, South Boston General Hospital (hereinafter South Boston), has brought this action seeking this court’s review of a final determination by the Secretary of Health, Education and Welfare (hereinafter the Secretary). The Secretary has filed a motion to dismiss asserting that this court is without jurisdiction to review the determination of the Secretary. The facts o...
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*716 MEMORANDUM OF DECISION BEEKS, Senior District Judge. Plaintiff Stokely-Van Camp, Inc. (“Employer”) moves the Court to grant temporary restraining orders enjoining defendant unions from continuing work stoppages now underway at Employer’s plants and facilities at Mt. Vernon and Burlington, Washington. 1 Employer’s motions necessitate a determination of the brea...
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MEMORANDUM OPINION Plaintiffs have filed this action premised upon injuries suffered by Clay Schwenn resulting from ignition of a jacket worn by, and ensuing burns to, Clay Schwenn. Plaintiffs purchased the *70jacket from Gibson Products of Sheridan, Inc. They allege, on the part of Pamida, negligence in the selection of and offering for sale of the nylon jacket; breach of the warranties of fitne...
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MEMORANDUM OPINION These causes are now submitted to the Court on motion for summary judgment filed herein February 24, 1975, by the Defendants; on the motion for summary judgment filed herein March 3, 1975, by the Plaintiff; and on Plaintiff’s objection to the Defendants’ motion for summary judgment filed herein March 3, 1975, together with the pleadings and affidavits. The complain...
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MEMORANDUM OPINION I. INTRODUCTION This case is before the Court on plaintiff’s motion to compel answers to oral interrogatories on deposition, filed on March 10, 1975. On September 25, 1973, Robert S. Strauss, a non-party witness in this case, was called for an oral deposition by plaintiff, R. Spencer Oliver, pursuant to Rule 30 of the Federal Rules of Civil Procedure. During that deposition and...
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MEMORANDUM-ORDER This case is before the Court on defendants’ motion to dismiss on grounds of mootness. The Court thinks it well to set forth the facts and circumstances giving rise to the present posture of the case. I. Legal Background. The National Historic Preservation Act of 1966 1 provides that any Federal project shall be begun only after taking into account the effect of such pr...
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MEMORANDUM OPINION This is an action under subchapter IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. §§ 1981-91. In their complaint, plaintiffs (husband and wife) allege that they purchased a used automobile from Rollins Auto Leasing Corporation (hereafter “Rollins”) with an odometer indicating 29,782 miles which mileage was represented “to be the correct reflection o...
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MEMORANDUM OPINION Before SPRECHER, Circuit Judge, and DECKER, and McLAREN, District Judges. This case arises from the untimely vacancy in the office of Representative for the Fifth Congressional District of the State of Illinois, brought about by the death of then Representative John Kluczynski. To remedy the situation, the state plans to hold a special election. Plaintiff Francis X. Lawlo...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on defendants’ Motion to Dismiss the Com *789 plaint under Rule 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. Plaintiff is a prisoner confined in the Stateville branch of the Illinois State Penitentiary, Joliet, Illinois. He seeks relief under 42 U.S.C. § 1983 and 28 U...
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ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ “MOTION FOR AN ORDER COMPELLING PRODUCTION OF DOCUMENTS FOR INSPECTION AND ANSWERS TO QUESTIONS UNDER RULE 30” This is a proceeding in connection with the issuance of a subpoena duces tecum by this Court, commanding John R. Burt, Regional Administrator of the Tenth National Bank Region, to testify and produce certain documents, including reports and rela...
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MEMORANDUM AND ORDER I. The present action pends on cross-motions for summary judgment filed by the parties under the terms of our order of May 16, 1974. As required by that order, the parties have filed a stipulation of fact, together with an agreement that the issues of liability presented in Counts I and II of plaintiff’s complaint may be considered separately from the issue of da...
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OPINION This is a class action brought pursuant to 42 U.S.C. § 1983 to enjoin the of *629 fieials at New York’s two state prisons for women from enforcing prison disciplinary procedures unless and until they comply with the guidelines set forth by the Supreme Court last term in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Plaintiffs, prisoners at the Bedford Hills a...
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This three-judge court was convened to consider the claims of Russell Carl Baker and his mother that their constitutional rights were violated when Russell Carl was corporally punished by his teacher over his mother’s objections and without procedural due process. Russell Carl, a sixth-grader, was paddled on December *296 6, 1973, for allegedly violating his teacher’s announced rul...
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*1336 MEMORANDUM AND OPINION In this action pursuant to 42 U.S.C. § 2000e-16 and 42 U.S.C. § 1981, plaintiffs, who are presently employed by the United States Postal Service, seek redress for certain allegedly discriminatory employment practices of the Postal Service relative to its supervisory personnel. Specifically, the plaintiffs allege that they and all other present and fut...
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MEMORANDUM OPINION In this suit, J. L. Chafin and B. J. Williams (hereinafter “plaintiffs” or “Chafin and Williams”), Texas residents, seek damages arising out of an alleged breach of a lease agreement between themselves and defendant, Kaiser Aluminum & Chemical Sales, Inc., a California Corporation (hereinafter “defendant” or “Kaiser”). Plaintiffs first brought suit in the state district...
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MEMORANDUM AND OPINION Plaintiff’s Motion for a Preliminary Injunction is denied; the temporary restraining order of March 25, 1975, is allowed to lapse. Defendant’s Motion for Summary Judgment is denied at this time. I. INTRODUCTION; THE STATE COURT TEMPORARY RESTRAINING ORDER Plaintiff sued the defendant mercantile reporting agency in state court, alleging libel and malicious ...
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OPINION and JUDGMENT James R. Doss, Jr., an inmate in custody of the Commonwealth of Virginia, has filed pursuant to 28 U.S.C. § 2254 a petition for a writ of habeas corpus in which he attacks his conviction for attempted robbery in the Circuit Court for the City of Roanoke on April 16, 1973. He appealed his conviction to the Virginia Supreme Court, which by order dated January 22, 1974 denied a w...
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MEMORANDUM AND ORDER Defendant has moved to dismiss this employment discrimination suit on the grounds that this Court lacks subject matter jurisdiction. The following abbreviated summary of events appears to be uncontested: On January 11, 1971, plaintiff filed a complaint with the Equal Employment Opportunity Commission, alleging that she was unlawfully dismissed from employment on January 4...
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ORDER STAYING DECISION OF CROSS-MOTIONS FOR SUMMARY JUDGMENT AND CERTIFYING CONSTITUTIONAL ISSUE TO TEMPORARY EMERGENCY COURT OF APPEALS This case involves a broad-based attack on the Nixon Administration’s Economic Stabilization Program of 1971-74. *483Plaintiffs are the Carpenters 46 County Conference Board, Local 34 of the United Brotherhood of Carpenters,1 and three officials of these labor o...
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ORDER Denying Plaintiff's Motion to Remand This matter comes before the Court on Plaintiff’s Motion to Remand the action to the District Court in and for the County of Pueblo, Colorado. Plaintiff originally brought this action in state court seeking damages for breach of contract, negligence, and out *1217 rageous conduct in connection with her contract with defenda...
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MEMORANDUM AND ORDER Thomas Fox is an applicant for a position in the District of Columbia Fire Department. The United States Civil Service Commission has certified Fox and the class he represents 1 as eligible for appointment to the position of firefighter. Fox and his class also meet all the physical requirements for the job except the minimal height requirement of 5N". ...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on defendant’s motion to dismiss the complaint for failure to state a cause of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In the alternative, defendant moves to stay these proceedings on grounds that a similar action is pending in state court. This is an action for injunctive relief and for ...
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OPINION This three-judge court was convened, pursuant to 28 U.S.C. §§ 2281 and 2284, to determine the constitutionality of a state welfare statute, M.G.L. c. 117, § 4. 1 Before us are two factually unrelated class actions (Ryan v. Minter and Morales v. Minter) which have been consolidated because plaintiffs in both actions seek declaratory and injunctive relief from the enforce...
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This action is for personal injuries, allegedly sustained on October 3, 1967 by the plaintiff longshoreman against the vessel, S. S. Normacpenn, owned, operated, and under the control of the defendant, Moore-McCormack Lines, Inc. The plaintiff moved for an order striking the Fifth, Sixth, and Seventh defenses, interposed by the defendant. The main thrust of the motion is to strike the defense of l...
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MEMORANDUM AND ORDER James A. Seybold (“decedent”) died as a result of injuries sustained in a collision between two motor vehicles on Taylorsville Road in Bucks County, Pennsylvania, on April 26, 1972. The executor of the decedent’s estate, James A. Seybold, Jr., (“executor”) instituted this diversity action under the Pennsylvania wrongful death and survival acts against Anton Gunther, the driver...
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ORDER This vintage lawsuit arises out of an injury suffered by plaintiff longshoreman on February 24, 1966, over nine years ago, while working aboard a vessel owned by defendant but operated under a demise charter by Sea-Land Service, Inc. The complaint was filed on- May 26, 1967. Defendant moved for summary judgment on April 11, 1969, but action on the motion was stayed pending decision by the C...
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DECISION AND ORDER This is a private party suit seeking injunctive relief and damages under the provisions of the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq. A temporary restraining order without notice was requested and granted on March 26, 1975. Thereafter, on April 2, 1975 a hearing was held to determine whether a preliminary injunction should issue. Both parties appeared and present...
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OPINION This matter is presently before the Court on motions to quash eighteen grand jury subpoenas 1 which were is *861 sued by the Clerk of this Court pursuant to applications filed on behalf of the United States of America by S. Michael Levin, a “special attorney”, so-called, appointed and employed under the auspices of the United States Department of Justice. 2 The instant motions to ...
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ORDER OVERRULING DEFENDANTS’ MOTION TO DISMISS Plaintiff, Walter Rode, brought this civil action to recover damages for personal injuries allegedly sustained while he was a member of the crew of a vessel known as the SEDCO 135F. Plaintiff invokes the jurisdiction of this court under the provisions of the Jones Act, 46 U.S.C. § 688, and the general admiralty and maritime jurisdiction of th...
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MEMORANDUM OPINION This is a marijuana tax refund case now before the Court on the Plaintiff’s Motion for Summary Judgment. I have concluded that the Plaintiff’s position is correct and the United States’ counterclaim for additional tax is improper because of the repeal of the tax in question. Therefore, summary judgment will be granted. The Plaintiff, Jon Alan Frey, brought this suit on June 21, ...
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In this petition for review of a series of orders of the Interstate Commerce Commission in Ex Parte No. 305, Nationwide Increase of Ten Percent in Freight Rates and Charges, 1974, the Chessie system lines challenge the power of the Commission to condition the refiling of a rate increase, without investigation or suspension, on the expenditure of revenue derived from the increase in the manner d...
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DECISION This is a selective service case in which the defendant Patrick Peach was indicted for knowingly and wilfully failing to report for induction on July 6, 1972, in violation of 50 U.S.C.App. § 462. Jury trial was waived and the case submitted to the court for decision on briefs and stipulated facts, including defendant’s selective service file and the minutes of his local board’s meeting on...
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DECISION Plaintiff as owner of Baran patent 2,818,235 and Beck patent 3,698,475 has sued defendant for infringement of both patents. Defendant contends that both patents are invalid and also that any infringement of the Baran patent was de minimis. Defendant also counterclaims for unfair competition, based primarily on the contention that the plaintiff’s patents are invalid. Th...
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The plaintiff brought this Title VII suit, claiming sex discrimination. While settlement negotiations did take place, no meaningful progress was made until the pretrial conference — the plaintiff’s attorneys refused to discuss a figure less than $6,500 plus costs and attorneys’ fees; the defendant’s counsel *202 thought this to be exorbitant and, adhering to the long-standing practice of the ba...
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RULING This is an action for a declaratory judgment and injunctive relief from the refusal of the Administrator, Environmental Protection Agency (EPA), to grant an emergency exemption to the State of Louisiana from the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y, pursuant to 7 U.S.C. § 136p and the regulations issued thereunder, 40 C...
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MEMORANDUM The defendant in this civil antitrust action, International Business Machines Corporation (IBM), has moved the court for an order “pursuant to Rules 36 and 37 of the Federal Rules of Civil Procedure” directing the plaintiff to “submit a new, full and complete response” to certain paragraphs of IBM’s Requests for Admissions (Set II) “as written” or, “alternatively, according to the terms...
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OPINION Petitioner, Sheldon Selikoff, presently in a New York correctional institution, seeks a writ of habeas corpus pursuant to Section 2254 of Title 28 of the United States Code on the ground that the trial judge refused to fulfill his “unconditional promise,” made to petitioner on the record at the time petitioner pled guilty, that no incarceration would be imposed. Facts On May 12, 1...
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Aerotrade, Inc. and Aerotrade International, Inc. (“Aerotrade”), plaintiffs, commenced an action against the Republic of Haiti (“Republic”) and simultaneously obtained an order of attachment. Plaintiffs, as required by statute, N.Y. C.P.L.R. § 6212(b) (McKinney’s 1963), and the attachment order, filed an undertaking to secure payment of Republic’s legal costs and damages for which Aerotrade would ...
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ORDER Plaintiff filed this action in the Small Claims Court of Oklahoma County, Oklahoma against Defendant Aetna Insurance Company seeking a judgment in *416 the amount of $126 for Medicare claims. The case was removed to this Court by the United States on the grounds that the United States is the real party in interest as Defendant. The United States has filed a Motion To Dismiss asserting t...
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MEMORANDUM AND ORDER In this diversity action, the plaintiff is seeking specific performance of an agreement for the purchase of a thirteen acre parcel of land located in Plymouth Township, Montgomery County, Pennsylvania. The action was tried to the Court without a jury, commencing on January 16, 1975. After carefully considering the evidence and the arguments presented by both sides, th...
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OPINION AND ORDER Codefendant, Hipólito Cruz Pagán, has moved to dismiss the indictment or, in the alternative, for severance and separate trial on the count charging him alone with possession with intent to distribute a certain amount of cocaine (count 5 of the indictment), on the ground that presenting to the jury evidence of two different crimes 1 will result in a substantial unfairness. A joi...
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Petitioner was found guilty by a jury of second degree murder and sentenced to twenty years in the custody of the Attorney General. He appealed his conviction to the Eighth Circuit Court of Appeals where it was affirmed without opinion. He now brings this motion to vacate his sentence pursuant to 28 U.S. C. § 2255.1 The following constitute the *1329court’s findings of fact and conclusions of law ...
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MEMORANDUM OPINION Petitioner Donald M. Cook has brought this action under 28 U.S.C. § 2241 et seq., the Federal Habeas Corpus Act, in an effort to secure his release from what he asserts is unlawful detention. The petitioner was convicted of the crime of third degree burglary which occurred in the city of Martin, County of Bennett, South Dakota. He was sentenced on June 4, 1971, in the Circuit...
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MEMORANDUM This is an action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 et seq., in which Cleo Calage alleges that she was unlawfully discriminated against because of her sex while employed by the University of Tennessee’s Food Service Department from October 9, 1967 until November 1973. She claims that her treatment by the University was discr...
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MEMORANDUM AND OPINION I. INTRODUCTION This is a suit for tax refund. All the facts have been stipulated by the parties, and the case has been submitted to the Court for resolution. Jurisdiction is proper in this Court pursuant to 28 U. S.C. § 1346(a). The case presents one legal question: may a taxpayer-surviving spouse who with the decedent spouse transferred all community property...
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MEMORANDUM AND ORDER The origins of this action can be traced to a contract between Riverdrive Mall, Inc. (Riverdrive), and Herman J. Smith, General Contractors, Inc. (Smith), for the construction of a shopping center called Riverdrive Mall, in Laredo, Texas, and financing thereof by Larwin Mortgage Investors (Larwin), the Plaintiff herein. Larwin is a real estate investment trust created...
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This is an action pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C.A. 405(g) to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff's claim for old-age insurance benefits on her own account. The claimant filed her application for old-age insurance benefits and was subsequently notified by the Bureau of Disability Insurance, Social Securi...
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MEMORANDUM OPINION AND JUDGMENT A court trial was conducted in this “Action to Quiet Title” on March 14,1975. In her complaint, plaintiff claims full title to approximately 7.85 acres of real property in St. Croix, originally known as Plot 42-A of the Northside Homestead Development (Estate Belvedere). The evidence adduced at trial revealed that in 1932 Arthur Brown, plaintiff’s father and a named...
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MEMORANDUM OPINION This is a suit in equity for declaratory and injunctive relief brought by four female plaintiffs who are citizens and qualified electors of Pulaski County, Arkansas, who sue for themselves and all other women in Arkansas similarly situated. The defendant is Charles Jackson who is the County Clerk and ex officio Permanent Voter Registrar of Pulaski County. He is sued as an ind...
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404 F.Supp. 1360 (1975) UNITED STATES of America v. David GUILLETTE et al. Crim. No. H-524. United States District Court, D. Connecticut. April 18, 1975. *1361 Paul E. Coffey, Sp. Atty., Dept. of Justice, Hartford, Conn., for the U. S. Hubert Santos, Hartford, Conn., for defendant Guillette. James A. Wade, Robinson, Robinson & Cole, Hartford, Conn., for defendant Joost. C. Thomas Zinni, Bosto...
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OPINION Both parties hereto appeal from a judgment of the Island Court of Guam. Affirmed in part, and reversed in part. Mobil Petroleum Company, Inc., Petitioner-Appellee-Appellant, hereinafter called Mobil, sought review of an assessment of gross receipts taxes of $32,749.20 and for a refund of the payment of gross receipts taxes of $82,969.42 with interest. The assessment was ...
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MEMORANDUM OPINION Application for a Writ of Habeas Corpus Petitioner Baez, presently detained on bond and awaiting incarceration in Vandalia Correctional Center, seeks a writ of habeas corpus on the grounds that he did not knowingly and intelligently relinquish his rights to a trial by jury. Baez is in custody pursuant to a judgment and sentence of nine months imposed on May 16, 1973, afte...
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OPINION This is a petition for a Writ of Habeas Corpus by Enoch D. Chism who has been convicted of first-degree murder in connection with the death of one Mrs. Nola Puyear. The decedent was killed on August 18, 1967 as she opened a package which had just been delivered to her through the mail. It was an innocent looking package marked “books”, but which in fact contained an explosive devi...
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MEMORANDUM OPINION AND ORDER This motion arises from the government’s attempt to prosecute the defendant for alleged violation of probation. The defendant has filed what has been labeled a motion to dismiss [the] probation violation. The gravamen of the defendant’s motion, however, is to quash the warrant under which the defendant was arrested on February 13, 1975. The uncontroverted fact...
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OPINION AND ORDER Defendant Engelhard Minerals & Chemicals Corporation (hereinafter “Engelhard”) has moved, pursuant to Fed.R.Civ.P. 12(b)(1), to dismiss for lack of subject mattter jurisdiction the complaint filed by Volkswagen of America, Inc. (hereinafter “VWA”) on November 12, 1974, in which VWA seeks a declaratory judgment (28 U.S.C. § 2201) that the catalytic converter used in 1975 ...
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OPINION AND ORDER Plaintiff Bonnie Walker instituted this action on March 5, 1974, pursuant to Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq. and the Civil Rights statutes, 42 U.S.C. §§ 1981 and 1982. She alleges racially discriminatory housing practices by defendant Mona Fox, landlady of a rooming house at 1387 Neil Avenue^ Columbus, Ohio, and by defendant Neil Avenue...
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ORDER Defendant Terry Lee Kelley stands charged by Indictment with the introduction of marijuana into the Federal Reformatory at El Reno, Oklahoma, Oklahoma (Reformatory), in violation of 18 U.S.C. § 1791 and 28 CFR § 6.1. The Defendant has filed herein a Motion to Suppress seeking the exclusion of certain evidence obtained from him by Special Agents of the Federal Bureau of Investigation prior...
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ORDER All Defendants in this action have filed two Combined Motions which are interrelated and which are supported by a Brief. The Plaintiff has filed a Response to said Motions. The Court makes the following findings in respect to the Combined Motions by all Defendants. 1. DEFENDANTS (sic) MOTION FOR PRODUCTION. In said Motion, Defendants request production of the following items: (1) Letter app...
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MEMORANDUM OPINION AND ORDER Aamco Automatic Transmissions, Inc., instituted suit against Harry M. Tayloe, Jimran Corporation, Crossroads Transmissions, Inc. and Edward R. Valencia (Civil Action No. 73-391), alleging that Aamco was in the business of franchising others to operate automatic transmission repair shops under the Aamco trade name, that it had executed a franchise agreement with Tayloe...
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MEMORANDUM OPINION AND ORDER Claimant, Eusebio Valentin Martinez, seeks judicial review pursuant to 42 U. S.C.A. § 405(g) of the final decision reached by the Secretary of Health, Education and Welfare disallowing his claim for retirement insurance benefits under the Social Security Act, as amended (42 U.S.C.A. § 401 et seq.). Claimant asserted his entitlement by reason of self-employment income ...
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OPINION AND ORDER The defendants in this case stand charged on a two count indictment with having embezzled and converted to their own use certain funds of the welfare fund (fondo de bienestar) of the Hermandad de Empleados de Oficina y Ramas Anexas de Puerto Rico, Inc. They have filed a motion to dismiss the indictment on the ground that this Court lacks jurisdiction over the subject matter. They...
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ORDER This matter comes before the court on a motion filed by Louis Paul Matranga under 28 U.S.C. § 2255. Petitioner was one of eleven persons indicted in this District on January 31, 1969, in a thirteen-count indictment charging conspiracy and burglary of federally-insured banks located in several southern states. His conviction was subject to subsequent appeal 1 and, after *250 the appe...
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MEMORANDUM OPINION In August of 1971, plaintiff McMahon Chevrolet, Inc., brought this action against defendants John C. Davis and J. R. McDonald in the District Court of Harris County, Texas, 165th Judicial District where it received number 882,437. The complaint alleged various causes of action including embezzlement, fraud and conversion. In October of 1974, the defendant removed t...
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MEMORANDUM This suit was commenced by plaintiff Whitfield Construction Company, Inc. (Whitfield) on a claim against *660 defendants Commercial Development Corporation (hereinafter variously CDC, Commercial or Owner) and Quality Sales Corporation (Quality), for money due and owing on a construction contract and for damages flowing from the alleged breach of the said contract by...
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MEMORANDUM OPINION This matter is before the Court for review of a decision by the defendant, wherein it was determined that plaintiff was not entitled to disability benefits under the Social Security Act. Plaintiff has exhausted his administrative remedies and the Court has jurisdiction to review the matter. Section 216(i)(l) of the Social Security Act, 42 U.S.C. § 416(i) (1), defines disability,...
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MEMORANDUM OPINION I. STATEMENT OF THE CASE. Karen Ann Long was injured, to an undetermined degree, 1 in an automobile accident with an allegedly uninsured motorist on May 12, 1974. She was a passenger in a vehicle driven by Brenda Ann Kepple, and owned by Brenda’s father, Joseph Kepple. She now claims uninsured motorist coverage from Government Employees ...
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OPINION AND DECREE Plaintiff, Insurance Company of North America (INA), seeks a declaratory judgment, under 28 U.S.C. § 2201, in order to resolve an apparent conflict between its insurance policy and defendant, American Home Assurance Company’s (AHAC), policy. The case is to be determined upon stipulated facts which disclose the following: At the time pertinent to this action, one Br...
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ORDER A guilty plea constitutes a waiver of several constitutional rights to which an accused is entitled, and courts indulge every reasonable presumption against the validity of such waivers, demanding that they be made voluntarily and intelligently. It is apparently with this well-settled rule in mind that petitioner, a prisoner incarcerated in the Atlanta federal penitentiary, filed th...
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ORDER Now before the Court is defendants’ Motion to Strike Answers to Interrogatories and to Dismiss Suit. Defendants filed interrogatories to plaintiff on February 19, 1974. The Government finally filed answers to those interrogatories on June 24, 1974. Defendant’s objections to those interrogatories form the basis for this Motion. Initially, defendants complain that these interrogatories were a...
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The plaintiffs, Larry Joe Purkey and James Edward Cripps, initiated this civil rights action to redress alleged violations of their First, Sixth, and Eighth Amendment rights. The vehicles the plaintiffs have chosen for the assertion of these alleged constitutional violations are 42 U.S.C. §§ 1981, 1983, 1985 and 1986. The plaintiffs ground jurisdiction on 28 U.S.C. §§ 1331, 1343(3) and (4), 2201 ...
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OPINION This is a civil action brought for a cause of action alleged to arise under *1056the provisions of 15 U.S.C.A. § 111 (§ 12 (2) of the Securities Act of 1933). Plaintiff, William Dickey, testified that he is a builder and manager of certain real estate enterprises, who first met defendant during the summer of 1971. At that time plaintiff, who holds a bachelors degree in electrical engineeri...
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OPINION Presently before the Court is a petition for a writ of habeas corpus filed by an inmate at the Federal Correctional Institution at Milan, Michigan. The petition is filed under 28 U.S.C. § 2241 and names the United States Board of Parole as the respondent. After entering a plea of guilty to a violation of 21 U.S.C. § 841(a)(1), petitioner was sentenced on October 4, 1973 to a term of s...
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*231 MEMORANDUM OPINION Today we are called upon to decide a delicate but highly significant question of state law — whether in a case of undeniable statewide interest the Attorney General of the State of Mississippi has authority to assume defense of an action against the Board of Trustees of State Institutions of Higher Learning (the Board), an autonomous and constitutional sta...
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*1407OPINION 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 November 27, 1973, a Delta Airlines DC-9 jet aircraft en route from Atlanta, Georgia, to Chattanooga, Tennessee, crashed while making an approach to the Chattanooga, Tennessee, Municipal Airport. A...
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OPINION and ORDER In this diversity action for breach of contract and conversion, defendants, citizens of Ohio move pursuant to Rule 12(b) (2) and (5) of the Federal Rules of Civil Procedure for dismissal on the ground that this Court lacks in person-am jurisdiction, and on the related ground that dismissal is mandated by Rule 12(b) (5) because of insufficiency of service of pr...
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ORDER The letter of the Defendant, Jim Wesley Davis, in the above case dated March 31, 1975 and April 3, 1975 has been referred to the Court. This Defendant, being twenty-two years of age at the time of his conviction of bank robbery by a jury, was sentenced by the Court to a term of twenty-five years imprisonment. The Court made no express finding at sentencing that said Defendant as a youth offe...
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MEMORANDUM AND ORDER This is a derivative action brought by four shareholders of Eastern Empire Corporation (“Eastern Empire”) against 32 individuals and corporate defendants. 1 In a 37 page complaint devoid of clarity and precision the plaintiffs charge the defendants with various violations of the federal securities laws, 2 as well as numerous state law claims ...
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OPINION This case arises from the grounding of the French passenger liner ANTILLES on an uncharted reef in the Grenadine Islands of the Caribbean Sea. The grounding occurred at 1621 hours on January 8, 1971 as ANTILLES was attempting a westerly passage of the channel that is bounded by the Island of Mustique to the South, and the group of rocks known as The Pillories, to the North. A...
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OPINION AND ORDER On April 25, 1974, Roberto Natal-Rosario filed on his own behalf and in forma pau-peris a motion for bail on appeal alleging that, although he is a good bail risk as demonstrated by his conduct while free on bail pending trial, he was denied bail on appeal by the Supreme Court of Puerto Rico without a statement of reasons for said denial. Petitioner asked for a hearing on his ...
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OPINION Plaintiffs alleged that they were the subjects of sex and race discrimination because of the enforcement of defendant’s grooming policy. 1 Pursuant to this policy, sideburns were not to extend below the bottom of the ear lobe, no hair was to extend over the collar of male employees, and facial hair was prohibited. Plaintiff Thomas, a Black male, was terminated because he failed to s...
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MEMORANDUM AND ORDER This cause comes before the court upon cross motions for partial summary judgment. The cause is a diversity action which was removed to this court pursuant to 28 U.S.C. § 1441. The court has taken judicial notice of the record in Norman Evan v. City of Nome et al., No. 73-41, in the Superior Court for the State of Alaska, Second Judicial District. The principal i...
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MEMORANDUM OPINION AND ORDER Defendants, Johnson & Johnson (“J & J”) and Ethicon, Inc. (“Ethicon”), moved for summary judgment in this seven year old antitrust action, and plaintiff, Handgards, Inc. (“Handgards”), moved for an order compelling the production of documents. Upon consideration of the lengthy memoranda filed in support of and in opposition to said motions, and the oral argume...
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MEMORANDUM This matter came on for consideration on defendants’ motion to transfer this cause to the district of defendants’ residence, namely, in the case of Mr. DeMarco, Los Angeles (Central District of California), and Chicago, in the case of Mr. Newman (Northern District of Illinois). Both defendants rely upon 18 U.S.C. § 3237(b), which reads as follows: (b) Notwithstanding subsection (...
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RULING ON MOTION TO DISMISS The plaintiff in this suit was allegedly injured in an automobile accident on the New Jersey Turnpike by a tractor-trailer rig driven by the defendant Beal in the course of his employment with the defendant C. Harrell, Inc. Both of the defendants are citizens of New Jersey; Sykes is a citizen of Connecticut. The case is in this court pursuant to 28 U.S.C. § 133...
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MEMORANDUM ORDER Pursuant to the memorandum decision of March 11, 1975, in which plaintiff was awarded damages of $3,000 in this Title YII case, plaintiff’s court appointed counsel has petitioned for attorney’s fees in the amount of $12,000. The petition is supported by time sheets showing approximately 170 hours of lawyer’s time and 146 hours of “legal assistant’s” time for which compens...
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MEMORANDUM OF DECISION Before CRAVEN, Circuit Judge, and JONES, Chief District Judge and Mc-MILLAN, District Judge. The plaintiff, a resident citizen of An-son County, North Carolina, brought this action against The North Carolina State Board of Elections and each of its Members and The Anson County Board of Elections and each of its Members, seeking to have North Carolina General Statute § 1...
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This matter came on for hearing before the Court without a jury. The parties having announced ready, having offered testimony and having presented arguments to the Court, the Court thereupon took this matter under submission. Based on the testimony, the arguments of counsel and the briefs submitted, the Court finds as follows: FINDINGS OF FACT 1. The action was instituted by the plaintiff cla...
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DECISION AND ORDER After a thorough analysis of defendant’s motion as recounted in the memorandum decision filed herein on March 6, 1975, this Court entered an order of the same date granting summary judgment to the defendant Lakeshore Commercial Finance Corporation (hereinafter “Lakeshore”) and dismissing the above-entitled action on its merits.1 *608Thereafter, on March 14, 1975, plaintiff file...
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DECISION AND ORDER This is a diversity action involving the scope of insurance coverage under a loading and unloading clause in an automobile liability policy. The parties have stipulated to the facts and, after a hearing on March 24, 1975, agreed that the action could be decided on cross motions for summary judgment. For the reasons hereinafter stated, summary judgment for the plaintiff must be ...
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OPINION This action was brought against the defendant and third-party plaintiff United States of America, pursuant to the Federal Tort Claims Act (28 U.S.C. §§ 1346(b) and 2671 et seq.). The plaintiff seeks to recover damages for personal injuries allegedly sustained by him while engaged in the performance of his duties as an employee of the third-party defendant Willamette-Western Corporation (he...
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MEMORANDUM ORDER Plaintiffs, 1 1972 purchasers of defend- and Cardet International, Inc., [hereafter “Cardet”] franchises, bring this action to remedy alleged violations of the Securities Act of 1933, the Illinois Securities Act of 1953, the Securities Exchange Act of 1934 and the rules of the Securities and Exchange Commission. 15 U.S.C. § 77a et seq.; Ill.Rev.Stat., ch. 121%,...
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MEMORANDUM AND ORDER This is an action brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for a review of a final decision of the United States Secretary of Health, Education and Welfare that the plaintiff was not entitled to a widow’s disability insurance benefits under Sections 202(e) and 223(d)(2)(B) of the Social Security Act, 42 U.S.C.A. §§ 402(e) an...
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The plaintiff seeks a declaration that a 2% late charge exacted by a lender under an FNMA approved mortgage was usurious under state law. The mortgage was executed in June, 1969, and sold to FNMA, a federally chartered corporation, in August. FNMA’s service agent collected the late charge on several payments. Later it foreclosed. The plaintiffs, who had owned the property and owed the mortgage ...
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OPINION Petitioner, David A. Borkenhagen, brought this habeas corpus action on December 12, 1972, seeking a discharge *638from the United States Air Force on the grounds that he is a conscientious objector (“C.O.”). Since he was at that time under orders to report for active military duty on January 7, 1973, this Court granted, on January 5, 1973, his prayer for injunctive relief pending a determi...
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MEMORANDUM AND ORDER Bankrupts, husband and wife, have separately appealed from the orders of Bankruptcy Judge Brauer sustaining the trustee’s first specification of objections to their respective discharges and denying a discharge as to each bankrupt under Section 14c(4) of the Bankruptcy Act (Section 32(c)(4), 11 U.S.C.). On July 17, 1972, petitions in bankruptcy were filed by Clarence and Anna...
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*1092 OPINION AND ORDER The States of Connecticut, Kansas and Florida have separately instituted in their respective federal districts three antitrust class actions against a total of twenty-three major oil companies. Each state is suing individually and on behalf of its agencies, departments and political subdivisions that are consumers of petroleum products and services; the Connecticut cla...
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394 F. Supp. 807 (1975) UNITED STATES of America v. Salvatore BADALAMENTI et al., Defendants. UNITED STATES of America v. Austin CASTIGLIONE et al., Defendants. UNITED STATES of America v. Michael SCIARRA et al., Defendants. Crim. Nos. 627-73, 74-506, 74-222. United States District Court, D. New Jersey. April 15, 1975. *808 Jonathan L. Goldstein, U. S. Atty. by Joseph L. Cranwell, Richard D. Greg...
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OPINION This cause is before us on a state prisoner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) and Respondent’s return of writ (Doc. 4). Petitioner is presently serving a term of not less than 1 nor more than 7 years in the Ohio State Penitentiary for receiving and concealing stolen goods in violation of Ohio Revised Code § 2907.-30. I. FACTS On Febru...
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MEMORANDUM AND ORDER This is a civil rights action brought pursuant to 42 U.S.C. §§ 1983 and 1985(2); this Court has jurisdiction pursuant to 28 U.S.C. § 1343. This matter is before the Court upon defendants’ motion to dismiss for failure to state a claim upon which relief can be granted. On such a motion, the issue “is not whether a plaintiff will ultimately prevail but whether the claimant is...
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MEMORANDUM OPINION In this case the plaintiff, Choctaw Nation, alleges that it owns an undivided % interest and the plaintiff, Chickasaw Nation, an undivided 14 interest in the natural bed of the Arkansas River from the confluence of the Arkansas River with the Canadian River thence to the Oklahoma-Arkansas boundary line, and both plaintiffs contend that their title encompassing the entir...
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OPINION AND ORDER This is an action for declaratory judgment and injunctive relief challenging the constitutionality of those portions of Article III of the Pennsylvania Landlord and Tenant Act of 1951 (The Act) which authorize a landlord’s seizure and sale of a tenant’s property for unpaid rent without prior notice or opportunity to present a defense. 1 We find those portions ...
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MEMORANDUM OPINION AND ORDER These are private antitrust actions 1 brought under Sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26. The lawsuits, since their inception in 1971, have been refined so that they are premised solely upon an alleged illegal tie-in under § 1 of the Sherman Act, 2 15 U.S.C. § 1. Plaintiffs contend that the defendants, major oil co...
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This cause coming on for trial before the Court on the 17th day of February, 1975 and the Court having heard the evidence and the witnesses and having considered the law applicable, finds as follows: FINDINGS OF FACT 1. This is an action predicated upon Title 42, U.S.C., § 1983 and § 1985 in which the plaintiff, Harold Stevenson, a former graduate student at the University of Texas at...
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ORDER Presently before the Court is defendants’ motion for summary judgment on Count One—an alleged due process violation—of a two Count complaint. This action commenced when plaintiffs filed their complaint in which they alleged defendants had violated their due process rights in obtaining a writ of attachment and that defendant Croft, while acting as an agent for defendants Consolidated Equit...
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DECISION ON MOTION TO DISMISS The plaintiff has filed a pro se complaint against the above-named defendant, which has filed a motion to dismiss by the United States Attorney for the Northern District of Illinois. The plaintiff alleges that she has been deprived of various “civil rights” by the defendant, and she apparently seeks damages and a restitution of her educational grant for college. The m...
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MEMORANDUM AND ORDER This matter comes before the court on the motion of cross-plaintiff City Savings Association (City Savings), by its receiver Samuel Berke, and pursuant to Rule 56 of the Federal Rules of Civil Procedure for entry of summary judgment on Counts I, II and III of its Amended First Cross-Complaint against cross-defendant First National Bank & Trust Company of Alton, Illino...
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MEMORANDUM AND ORDER This matter is before the court on the motion of cross-defendant William DeWoskin to dismiss Count IV of the Amended First Cross-Complaint of cross-plaintiff City Savings Association (City Savings.) For the reasons set forth below, this motion shall be denied. This litigation stems from the collapse of City Savings Association, a savings and loan association chartered by the ...
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MEMORANDUM AND ORDER The defendant, Edwin M. Balanow, filed Motion to Suppress on February 3, 1975. Evidentiary hearing was held thereon at 3:00 o’clock P.M., April 8, 1975. On October 18, 1974 Indiana State Trooper Robert Seiffert was on routine patrol heading east on the Indiana Tollway just east of the Burns Harbor Plaza when he was nearly run off the road by a late model automobile. Troop...
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• MEMORANDUM AND ORDER This is an action brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for a review of a final decision of the United States Secretary of Health, Education and Welfare that the plaintiff was not entitled to a period of disability or to disability insurance benefits under Sections 216 (i) and 223(d)(1), 42 U.S.C.A. §§ 416 (i)(l) and 42...
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ORDER SUSTAINING PLAINTIFFS’ MOTION FOR TEMPORARY AND PRELIMINARY INJUNCTIONS This action was filed by plaintiffs Donnelly and Adsit on November 21, 1974, as a purported class action for declaratory and injunctive relief and money damages under 42 U.S.C.A. § 1983, by reason of the termination and/or threatened termination of water services by defendants, City of Eureka and its agents, in violat...
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OPINION This is a civil action in which plaintiff, a former guidance counselor at Wayland High School, seeks damages and injunctive relief by way of reinstatement to his former position against defendants who include the individuals who comprised the Wayland School Committee, the Superintendent of Schools, the High School Principal and the Chairman of the Board of Selectmen. Jurisdiction of thi...
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OPINION Cross-motions for judgment are before the Court. No factual issues are presented. Plaintiff, an Air Force serviceman, seeks relief from two separate convictions by military courts martial. In one case, on January 12, 1971, he was found guilty of possession and use of a narcotic drug. In the other case, on December 17, 1971, he was found guilty of assault. Both complaints assert jurisdictio...
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ORDER Defendant has moved the Court for summary judgment. Upon consideration and for the reasons stated below, the motion shall be granted. This is a tort action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). It is prosecuted by Connie Smith, as Mother and next friend of Scott Smith. As the conduct resulting in this action occurred in the State of Texas, the...
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OPINION AND ORDER The sole issue in this action arising under the trademark laws of the United States is whether or not there is “likelihood of confusion” between the trademarks “SARAH” of the plaintiff, who is the primary user, and the defendant’s mark “SARDE”. The plaintiff owner of the trademarks “SARAH COVENTRY”, “SARAH COV” and “SARAH”, and of Registrations therefor issued by th...
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OPINION OF THE COURT Kansas-Arizona Motor Express, Inc. (hereinafter Kansas-Arizona) applied to the Interstate Commerce Commission under Section 209 of the Interstate Commerce Act, 49 U.S.C. Sec. 309, for a permit authorizing operation as a contract motor carrier. The application, as subsequently amended, sought permission to operate as a contract carrier by motor vehicle over irregular r...
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MEMORANDUM OPINION The plaintiff, Mrs. Mary Frances Stroman, requests the Court to enjoin the Internal Revenue Service, both preliminarily and permanently, from foreclosing upon her homestead property in an attempt to satisfy an unpaid tax bill of $8,222.92. The Court finds initially that it has jurisdiction of the subject matter in this civil action, arising under certain statutory provision...
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MEMORANDUM ORDER This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s *723 claim as the widow of a miner for “black lung” benefits pursuant to 30 U.S.C.A. §§ 921(a) and 922(a)(2). The action is currently pending on a Motion for Summary Judgment filed by the defendant. The only issue before this Court is whether the final decision ...
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MEMORANDUM AND ORDER GRANTING TRUSTEE’S APPLICATION TO ENJOIN PROSECUTION OF CERTAIN ACTIONS AGAINST DEBTOR’S SUBSIDIARIES These proceedings commenced when the debtor, Equity Funding Corporation of America (hereinafter referred to as “EFCA”), filed its petition-for reorganization under Chapter X of the Bankruptcy Act on April 5, 1973. 11 U.S.C. § 501 et seq. The proposed plan of reorganiz...
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MEMORANDUM OPINION This claim is now before the Court on cross-motions for summary judgment on paragraphs seven and eight of the plaintiff’s second amended complaint. The plaintiff was hired by the Metropolitan Police Department of the District of Columbia on September 30, 1974, and was assigned to work as an undercover officer. On December 9, 1974, the plaintiff was transferred to the Po...
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MEMORANDUM OPINION In its Opinion of February 11, 1975, this Court held (1) that defendant could amend his answer to assert a defense of official immunity; (2) that the standard of official immunity in this Circuit was that announced in Fidtler v. Rundle, 497 F.2d 794 (3rd Cir. 1974); (3) that nothing decided by the Court of Appeals in this case was inconsistent with the existence of official...
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OPINION This controversy involves Patent No. 3,072,582 (the Frost Patent), which is assigned to General Tire & Rubber Company (General), and is the subject of litigation in several United States District Courts. 1 Under the procedures provided by 28 U.S.C. § 1407, the Panel on Mul-tidistrict Litigation transferred two of the eases filed elsewhere to this Court for the limited p...
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REASONS IN SUPPORT OF THE GRANTING OF MOTIONS FOR A DIRECTED VERDICT BACKGROUND Plaintiff, Inez M. Quintanilla, brought suit for damages for personal injuries against Chateau Louisiane, Inc. and Maryland Casualty Company, its insurer, and Maryland Casualty Company as insurer of an executive officer of The Royal Orleans, Inc. d/b/a The Royal Sonesta Hotel, a Mr. Duffy.1 Plaintiff claimed that she f...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS Defendant, Peter Townsend II, has been charged in an indictment with three counts in violation of the United States Code. Count I alleges that defendant knowingly made false statements in connection with purchase of a firearm, in violation of 18 U.S.C. § 922(a)(6) and § 924(a); Counts II and III charge him with illegal p...
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MEMORANDUM OPINION AND ORDER This is an action for injunctive relief and damages for alleged violations by the defendants of the plaintiffs’ constitutional rights. Jurisdiction is based on 28 U.S.C. § 1343(1), (3), and (4). There are two motions presently before the Court. The defendants Saxbe, Kelley, Fayette, Robinson, Mercado, Minogue, Ball, and Three Unknown Agents of the F. B. I. have filed a...
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OPINION SUMMARY User of oral contraceptives sued manufacturers on claim of injury from use. Husband asserted claim per quod. At discovery stage, orders were entered requiring reports of expert witnesses to be furnished, and examination of experts on deposition, to ascertain details of ailment claimed, disease process, etiology and pathology, and medical theory relied on. Orders were complied with ...
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MEMORANDUM Defendant AFA Protective Systems, Inc. (“AFA” hereafter) seeks, pursuant to 28 U.S.C. § 1447(c), a remand of this action to the Supreme Court, New York County for the reason that this action does not involve federal question jurisdiction since the claims do not arise under the federal patent laws but are based only on state created claims. The complaint herein was served i...
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OPINION This case has had a long and tortured history. It was instituted on March 9, 1966, and the operative facts go back several years prior to that time. The trial spanned eight months and included many thousands of pages of exhibits. Basically, it is a breach of contract action, plaintiff and defendant having entered into two contracts, one on June 18, 1964, the other on December...
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MEMORANDUM OPINION AND ORDER Plaintiff’s pro se civil rights complaint alleges that the Pennsylvania Board of Probation and Parole (Parole Board) revoked the grant of parole without prior notice or hearing, in violation of the rule of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). The essential facts are not in dispute. Both parties have moved for summary judgment. Bec...
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OPINION Plaintiff brought this action seeking a declaratory judgment1 that it has no obligation or liability to defendant in connection with a lawsuit brought against defendant by William L. Lewis, Jr. We have jurisdiction under 28 U.S. C. § 1332. All the relevant facts are either stipulated or appear in depositions. We have concluded that plaintiff is entitled to the declaratory judgment it seeks...
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*39 OPINION Plaintiff, Alleghany Corporation, is a motor carrier engaged in the interstate transportation of freight. It operates under rights granted by the Interstate Commerce Commission and in accordance with tariffs filed with that regulatory agency. Defendant is a shipper in interstate commerce. For a period of time plaintiff acted as a carrier for defendant in shipping good...
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MEMORANDUM OPINION AND ORDER There are several matters pending resolution by the Court. For the purposes of clarity and understanding, we first set forth certain Background Information The instant action involves a subrogation claim by plaintiff Hanover Insurance Company against the defendant Liberian Oceanway Corp. (Liberian), which at the time of the incident alleged in the complaint, w...
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OPINION and JUDGMENT James Thomas Moore, petitioner, has filed a petition for habeas corpus with this court. Petitioner was convicted of armed robbery and sentenced to twenty (20) years at the Virginia State Penitentiary by the Danville Circuit Court on March 27, 1972. Petitioner is currently detained at the State Farm, Powhatan Division. Petitioner proffers two allegations: 1) ineffective assista...
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OPINION and JUDGMENT This action is before the court on remand from the United States Court of Appeals for the Fourth Circuit which vacated this court’s dismissal order of June 11, 1974. The action was initially filed on June 6, 1974, and was treated as a suit arising under 42 U.S.C. § 1983. Petitioner complained that 1) he had been locked in a cell with windows welded together and the door clo...
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DECISION and ORDER This matter is before me on the plaintiffs’ motions for a preliminary injunction and for an order certifying this suit as a class action. I conclude that the plaintiffs’ motions should be granted. I. BACKGROUND This action was commenced on January 22, 1975, by a complaint alleging violation of 42 U.S.C. §§ 1983 and 1988. The complaint also states a pendent claim for relie...
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The Erie Lackawanna Railway Company (EL), one of the railroads in the northeastern region which was in reorganization under § 77 of the Bankruptcy Act, was included in the consolidation before this court made by the Judicial Panel on Multi-District Litigation pursuant to § 209(b) of the Regional Rail Reorganization Act (RRRA), In re Litigation Under the Regional Rail Reorganization Act of 1973, 37...
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ORDER It is hereby ordered that this Court, having received and considered plaintiffs' civil rights complaint dated May 29, 1974; and having received and considered the answer and motion to dismiss from the defendants dated July 5, 1974; and having received and considered all other memoranda submitted in this case; finds that the defendants’ motion to dismiss should be granted. Plaintiffs, in...
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394 F. Supp. 246 (1975) UNITED STATES of America v. Peter MEGURA. Crim. No. B-74-21. United States District Court, D. Connecticut. April 10, 1975. *247 H. James Pickerstein, Asst. U. S. Atty., Bridgeport, Conn., for plaintiff. Gregory B. Craig, Federal Public Defender, New Haven, Conn., for defendant. MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS NEWMAN, District Judge. Defendant, indi...
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OPINION The complaint in this ease asserts claims of patent infringement, deceptive trade practices, unfair competition, and common law trademark infringement. Defendant has moved to transfer this case to the Central District of California pursuant to 28 U.S.C. § 1404(a), or, in the alternative, to dismiss the case for lack of jurisdiction. Plaintiff, in addition to opposing the transfer ...
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MEMORANDUM OF OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a suit for refund of $2,584.66 in income taxes attributable to the taxable years of 1969, 1970, and 1971. This sum was seized by the Internal Revenue Service by a levy on plaintiff’s bank account, to collect unpaid deficiencies which had been assessed for these years. The action was tried to the Court on January 8, 1975, ...
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ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT This is a civil action for damages for personal injury resulting from alleged acts of medical malpractice by government employees acting within the scope of their employment. Original jurisdiction exists under § 1346(b), Title 28, U. S.C., and the Federal Tort Claims Act, § 2671 et seq. Title 28, U.S.C. The defendant has m...
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MEMORANDUM AND ORDER This is an appeal from an order of a Bankruptcy Judge that the purchaser of real estate at a bankruptcy sale shall obtain nothing by his purchase unless he pays an additional $10,900 to the bankrupts. It appears that the order to show cause initiating the proceeding, obtained by the bankrupts, was not served on the Trustee in Bankruptcy, who has received $3,200 as the ...
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*1099 MEMORANDUM OPINION I. PREFACE Plaintiff Tower Tire and Auto Center, Inc. (hereinafter called Tower Tire), whose precursor was Greater Houston Tire Company (hereinafter called Greater Houston or the old franchise), brought this action in July, 1972. The defendants originally named were Atlantic Richfield Company (hereinafter called Arco), Continental Oil Company (herein...
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MEMORANDUM OPINION AND JUDGMENT A court trial was held in this action on September 18, 1974. Plaintiff, Chicago Bridge and Iron (“C.B.I.”), in its complaint alleges that defendant, The Litwin Corporation (“Litwin”), and defendant Hess Oil Virgin Islands Corporation (“Hess”), were either singly or jointly at fault in an accidental loss of property at Port Hess, St. Croix, on April 27, 1969. An Amer...
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MEMORANDUM OPINION AND AMENDED JUDGMENT I Initially, plaintiff moves this Court to amend paragraph 3 (c) of its Judgment dated January 21, 1975, which reads, “ninety (90%) of all import duties,” to read “one hundred percent (100%) of all import duties.” Defendant opposes the foregoing motion, as well as plaintiff’s motions for pre-judgment interest and attorneys’ fees, on the ground that plaintiff...
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MEMORANDUM OPINION AND ORDER Defendant, Johnny Pena, has been charged as a juvenile in the Municipal Court of the Virgin Islands with Assault *612in the First Degree in violation of 14 V.I.C. § 295(3). On February 7, 1975, a hearing was held before the Honorable William F. Moorhead at which time the Court found that the defendant was sixteen years of age and charged with a crime of violence. Accor...
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DECISION AND ORDER Plaintiff United States of America has moved this court, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction enjoining the defendant City of Milwaukee (“City”), the defendant Commissioners of the Milwaukee Fire and Police Commission (“F.P.C.”), and the defendant Harold A. Breier, Chief of Police of the Milwaukee Police Department (“M.P.D....
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DECISION and ORDER This is a pro se “complaint for deprivation of common law rights and constitutional rights, and for failure to protect from conspiracy to deprive common law rights, constitutional rights and for treason.” Jurisdiction is purported to exist pursuant to “28 U.S.C. 1343(1), (2), (3), and (4), under the Northwest Territory Ordinance of 1787, under 18 U.S.C. 2381, under 42 U.S.C. 19...
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OPINION The case is before the Court on the motion of the third party defendant to dismiss the third party complaint. Plaintiff alleges that its former treasurer, Kauffman, failed in the performance of his duties, negligently, criminally and otherwise, and as a result plaintiff sustained a property loss for which defendant is liable under the terms of an indemnity bond which defendan...
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ORDER This cause came before the Court for hearing on March 3, 1975, upon plaintiffs’ motion for determination of a class action. Having considered the arguments of counsel, plaintiffs’ motion and supporting memorandum, defendant’s reply memorandum, and having completely reviewed the file, the Court now must determine whether this is a viable class action under Rule 23 of the Federal Rules of Civ...
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DECISION ON DEFENDANTS’ MOTION TO DISMISS This complaint was filed pro se by an individual who claims damages under 42 U.S.C. §§ 1981, 1982, 1983, 1985 and 1986. The plaintiff alleges that he dam *22 aged his automobile while he was attempting to have a minor repair made by the defendant Manning. Manning did not have the necessary equipment and allegedly sent him to a service station which ...
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*207 MEMORANDUM OPINION AND ORDER The information filed herein on May 16, 1974, charges: “That on or about May 5, 1974, in the District of Montana, JAMES JUNIOR FINCH, within the exterior boundaries of the Crow Indian Reservation, did without lawful authority or permission and for the purpose of fishing thereon, unlawfully and knowingly go upon land identified as located in ...
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MEMORANDUM ORDER Petitioner, Richard Albertini, is presently incarcerated in the Wallkill, Correctional Facility, Wallkill, New York, serving an indeterminate sentence not to exceed ten years imposed on October 30, 1970, following his conviction by jury of the crime of robbery, second degree, in Supreme Court, Queens County. His conviction was unanimously affirmed without opinion by the Appellate ...
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MEMORANDUM AND ORDER Defendant General Motors has moved for an order granting judgment on the pleadings 1 —or, alternatively, for summary judgment dismissing the complaint 2 —in this negligence action whose underlying facts defy categorization. *1276 The grounds for defendant’s motion are lack of proximate cause and the running of the allegedly applicable statute of limitations. An unde...
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MEMORANDUM Defendant Bohlinger, the correspondence officer, and defendant Galagher, the librarian, at Green Haven Correctional Facility, move to dismiss this prisoner’s pro se civil rights action for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6). Plaintiff alleges 1 that the defendants deprived him of his First and Fourth Amendment rights by “obstruct...
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OPINION AND ORDER This is an action for review of a final decision of the Secretary of Health, Education and Welfare that plaintiff is not entitled to widow’s benefits under the Federal Coal Mine Health & Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. This matter is before the Court on cross-motions for summary judgment. On August 15, 1972, plaintiff filed her application for widow’s b...
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MEMORANDUM Material Handling Industries, Inc. (“Material” or “plaintiff”), a Virginia corporation with its principal place of business in Richmond, Virginia, brings this action against Eaton Corporation, an Ohio corporation, to recover damages for alleged breach of contract and asserted violations of the federal antitrust laws. Jurisdiction is conferred by 28 U.S.C. §§ 1332 and 1337. This matte...
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MEMORANDUM AND ORDER Defendants Woodall and DeWitt have moved for a judgment of acquittal on counts six through thirteen of the indictment. The suggested ground for the motions is that the government has not, in any one of the enumerated counts, properly charged a violation of 15 U.S.C. § 1703(a). That section provides, in pertinent part: (a) It shall be unlawful for any develop...
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MEMORANDUM AND ORDER On December 13, 1974, the Office of the United States Attorney filed an Information in this Court, charging defendant Phelps Dodge Corporation with polluting navigable waters of the United States in violation of Title 33, United States Code, Sections 1311(a) and 1319 (c)(1). On February 14, 1975, defendant filed the first of two Motions to Dismiss the Information. In this...
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ORDER This is an action to review, enjoin, and set aside orders of the Interstate Commerce Commission [ICC] in Ex Parte No. MC-92, “Investigation of Impact of Rising Costs on Motor Common Carriers,” served July 10, 1974, and supplemental orders served July 18, July 26, August 7 and August 22, 1974. Jurisdiction of this threerj udge court is invoked pursuant to 49 U.S.C. § 305 (g) and 28 U.S.C...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on motion of defendant Gateway Erectors, Inc., (Gateway) to dismiss Counts I and II of defendant Central Contractors Service, Inc.’s (Central) cross-complaint. On November 22, 1971, defendant/cross-defendant, Gateway entered into an agreement with co-defendant, Concrete Building Systems Company, (Concrete) whereby Gateway...
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OPINION OF THE COURT AND ORDER On May 15, 1972, the Court issued its opinion adopting an amended redistricting plan offered by the Issaquena Board of Supervisors with a final order rendered thereon on May 23, 1972. On June 2, 1972, plaintiffs filed two post-trial motions: (1) a motion for a new trial on the grounds that the Court erred in excluding plaintiffs’ proposed plan from consideration and ...
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MEMORANDUM DECISION Upon the authority of Robins Dry Dock & Repair Co. v. Flint, 275 U. S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), the defendants have moved the Court for an order dismissing the complaint for failure to state a claim upon which relief can be granted. 1 As we find the decision in Robins controlling, the motion is hereby granted. Accepting, as we ...
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OPINION Plaintiff Shirley Petruzzi brought this action pursuant to 42 U.S.C. Section 405(g) to obtain a review of a final decision of the Secretary of Health, Education and Welfare which denied her claim for disability insurance benefits. At the outset it must be noted that plaintiff’s claim is for widow’s insurance benefits and that the relevant standard of inability to engage in “any substa...
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MEMORANDUM OPINION AND ORDER This case is before the court pursuant to the appeal of Beneficial Finance Company of Roanoke, Inc. (“Beneficial”) from the opinion and order of the Bankruptcy Court dated November 25, 1974. The Trustee of the bankrupt estate of Roy Shelor, Jr. (“bankrupt”) also initially appealed the decision of the Bankruptcy Court but has now abandoned this appeal. The pertinen...
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OPINION and JUDGMENT James L. Greear, an inmate at Correctional Unit #10, Greenville, Virginia, has filed a pro se complaint alleging that he has suffered cruel and unusual punishment at the hands of the correctional officials of Unit #10. The court allowed the complaint to be filed in forma pauperis by an order dated December 4, 1974. The complaint was filed as an action arising under 42 U...
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MEMORANDUM Plaintiff, a former Virginia prisoner, brings this civil rights action seeking monetary damages from certain present and former prison officials, and certain inmates, in order to redress alleged injuries of a constitutional dimension suffered while incarcerated in the Virginia State Penitentiary. At the time that the injuries allegedly occurred, defendant W. L. Lukhard was Dire...
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OPINION AND ORDER An information has been filed herein by the United States Attorney, charging that on May 27, 1974, on land acquired for the use of the United States and under the exclusive jurisdiction thereof (Camp McCoy), the defendant did operate a motor vehicle while under the influence of an intoxicant or drug, in violation of § 346.63(1) (a) of the Wisconsin Statutes and 18 U.S.C. § 13. It...
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*129MEMORANDUM OF DECISION The above-entitled action came on for hearing on defendants’ motion to dismiss, March 28, 1975, wherein the Court considered the pleadings, briefs and arguments of counsel and thereafter entered its order from the bench granting defendants’ motion to dismiss, with leave for the plaintiffs to amend their complaint within twenty days. This memorandum opinion summarizes the...
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MEMORANDUM OPINION By his pro se habeas corpus petition filed July 23, 1971, pursuant to 28 U.S.C. §§ 2241-43 and 2254, petitioner, Richard Allen Schultz, challenged the constitutional validity of judgments of conviction entered against him by the Criminal Court of Cook County, Illinois, on October 22, 1946, finding him guilty of assault and armed robbery and imposing two concurrent sentences of 1...
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MEMORANDUM AND ORDER This action arises in this court for review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff, a minor, benefits as a surviving child under the Social Security Act (the Act) based upon her deceased father’s social security earnings record. The parties have filed cross-motions for summary judgment. This action began befo...
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414 F.Supp. 1 (1975) UNITED STATES of America, Plaintiff, v. Marshall O. BUDER, Defendant. No. 74-387 C (1). United States District Court, E. D. Missouri, E. D. April 7, 1975. Donald J. Stohr, U. S. Atty., St. Louis, Mo., for plaintiff. David C. Godfrey, Albert H. Feldt, Clayton, Mo., for defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW MEREDITH, Chief Judge. This matter was tried to the Court...
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MEMORANDUM This matter was tried to the Court sitting without a jury. The defendants were charged by indictment with violating 18 U.S.C. § 2314 on two different occasions. The indictment charges that the defendants caused to be transported in interstate commerce checks drawn against the account of Warrenton Products, Inc., on the Commonwealth Bank of Wentzville, Wentzville, Missouri, which had bee...
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MEMORANDUM AND ORDER Plaintiff, a part-time employee of station WNYE/TY—a television station *1225 owned and operated by the New York City Board of Education—has filed this civil rights action 1 alleging that he has been denied equal employment opportunity. He contends that the City Department of Personnel rejected his application for civil service appointment to the position of Program Pro...
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MEMORANDUM Plaintiff has moved pursuant to Rule 12(f) of the Federal Rules of Civil Procedure to strike as insufficient the first, third and fourth affirmative defenses to the complaint asserted by defendants in their answer. The motion insofar as it *1229 seeks to strike the fourth complete defense is granted. The remainder of the motion is denied in all respects. Defendants assert as a fo...
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ORDER In June 1973 Robert Lee Graham filed a claim asserting that his summary demotion from honor grade status because of an alleged escape was a violation of his constitutional right to procedural due process. Upon being informed by the Attorney General of North Carolina that no hearing was given in demotion cases such as Graham’s, where the prisoner had not pleaded guilty or been convicted ...
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*531OPINION AND ORDER Defendant was indicted for - illegally entering the United States after having been previously deported. On March 6, 1975 he entered a plea of guilty and before sentencing, the preparation of a presentence report was ordered. It appears that upon being interviewed by the Probation Officer, defendant realized that he could be considered a parole violator and would have to serv...
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MEMORANDUM OPINION . The United States of America in its motion entitled Motion In Limine moves this Court to order counsel for the defendants to be restricted from making statements about, or introducing any evidence in any form, or in any other manner referring to (1) the loan and/or sale of military equipment to the Department of Justice used in its operations during the occupation in 1973...
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MEMORANDUM OPINION AND ORDER Plaintiff has instituted this action challenging the final decision of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C., Section 901 et seq. Jurisdiction is pursuant to Section 413(b) of the Act, 30 U.S.C., Section 923(b) which incorporates Section...
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MEMORANDUM OPINION AND ORDER This is a motion by Defendant, Vitelco, to strike plaintiffs’ demand for a jury trial as untimely. The complaint was served on Vitelco, May 4, 1973, and an answer was filed June 8, 1973. Co-defendant, Antonio Villanueva has not been served, and, consequently, he has not appeared in this action in any way. Plaintiffs filed their jury demand February 20, 1975. Demand for...
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ACTION FOR REDETERMINATION OF TAX DEFICIENCY MEMORANDUM OPINION AND ORDER A hearing was held in this action on February 12, 1975, on the motion of petitioner, Ansetta E. de Chabert, to set aside the court’s dismissal of her petition for redetermination of a tax deficiency. Respondent, Commissioner of Finance, asserted a deficiency of $79,630.08 plus penalties and interest for income taxes due for ...
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DECISION AND ORDER On or about November 15, 1973, plaintiff M. Stuart Adler commenced an action against defendants Avis Rent-A-Car System, Inc. and Avis, Inc. in the County Court of Milwaukee County, Wisconsin, for damages arising out of an automobile accident in Venezuela. By petition filed herein on December 20, 1973, defendants removed the action to this Court on grounds of diversity o...
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DECISION and ORDER Between November, 1973, and January, 1974, the government was authorized to conduct certain electronic surveillances for the purpose of obtaining evidence of violations of 18 U.S.C. §§ 1955 and 371. See United States v. Brodson, et al., 390 F.Supp. 774 (E.D.Wis., case number 74-Cr-98, decided January 30, 1975). No authorization was sought or obtained at that time for surveill...
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*592MEMORANDUM OPINION AND ORDER A hearing was held in this action on February 14, 1975, on plaintiff Bank of Nova Scotia’s motion seeking to enforce the judicial sale of the Hotel Royal Dane held on April 9, 1974. The parties are in dispute as to the meaning of the terms under which the auction was held. The terms of sale, which were read by United States Marshal for the Virgin Islands, Alfred E....
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MODIFIED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT On December 20, 1972, a complaint under the Federal Tort Claims Act, being 28 U.S.C.A. Section 2671 et seq. and 28 U.S.C.A. Section 1346(b), having been filed in this Court against the United States of America as defendant, by Dennis G. Martin, Administrator of the Estate of Harry Eugene Walker, Deceased, pursuant to ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court solely for consideration of the narrow issue of the timing of the release, if ever, of certain tapes received in evidence in the case of United States v. Mitchell, et al., CR 74-110. Since this case was returned to the Court by Judge Gesell on January 8, 1975, the Court has given serious consideration to this issue. As noted by J...
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MEMORANDUM ENTRY This cause is before the court upon the defendants’ motion to dismiss for lack of personal jurisdiction, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. The plaintiffs contend they are citizens of the State of Indiana and bring this action against the defendants, who are allegedly citizens of the State of Nevada. Jurisdiction over the subject matte...
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MEMORANDUM Pursuant to Fed.R.Civ.P. 39(a) Defendant has moved this court for an order “striking plaintiff’s demand for a jury trial in this action on the ground that under the Seventh Amendment to the United States Constitution, as implemented by Rule 38, F.R.C.P., plaintiff has no right to a jury trial in this action.” Defendant’s Notice of Motion at 1. Defendant does not object to the t...
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MEMORANDUM AND ORDER This is an action for a declaratory judgment that plaintiff, Gerald Newman, is not liable to defendants, Pershing & Co., Inc. (Pershing) and L. M. Rosenthal & Co., Inc. (Rosenthal), in any amount, under any circumstances, for his refusal to pay for 1,000 shares of the common stock of Electronic Arrays, Inc. (Arrays) which were allegedly purchased by plaintiff in Octob...
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OPINION AND ORDER This matter is before the Court on plaintiffs’ motion for judgment on the pleadings which the Court shall consider as a motion for summary judgment under the provisions of Rule 56, Federal Rules of Civil Procedure. Defendant has filed a memorandum in opposition. This is an action under the Labor Management Relations Act. The de *688 fendant is an employer who entered into ...
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RECOMMENDATION AND ORDER Roger Allen Marsh, a state prisoner, seeks a writ of habeas corpus. He is in respondent’s custody pursuant to a jury conviction of the crime of Rape. State remedies have been exhausted. In an earlier opinion, this court ruled that all but one of petitioner’s contentions were without merit. The issue now before the court is whether, under the totality of the circumstan...
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OPINION This complaint has been filed to obtain a 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. If substantial evidence exists supporting the denial of disability benefits, the Secretary’s determ...
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MEMORANDUM AND ORDER Presently before the Court is Anthony Merlino’s motion to vacate and/or reduce a sentence imposed by this Court on November 20, 1974. A hearing was held February 6, 1975. On May 28, 1974, the defendant was indicted on seven counts charging him with conspiracy, illegal use of a communication facility, and with distribution of various controlled substances. The same indictment n...
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MEMORANDUM OPINION AND ORDER This is an action in which the plaintiffs, six pharmacies in the city of Philadelphia, seek to enjoin the defendants from proceeding under the terms of a contract entered into between Paid Prescriptions, Inc. (PAID) and the Pennsylvania Department of Public Welfare (DPW), which contract was to take effect February 1, 1975. On January 20, 1975, the plaintiffs f...
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OPINION INTRODUCTION National Union Electric Corporation filed the first of these two antitrust actions, here consolidated for co-ordinated pretrial proceedings pursuant to 28 U.S. C. § 1407, in the District of New Jersey on December 21, 1970. In Count I of its complaint, it charged defendants with violations of the Antidumping Act of 1916, 15 U.S.C. § 72. Soon thereafter, *25...
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MEMORANDUM OPINION Plaintiff brought suit against the Tennessee Valley Authority, stating a claim against it as provided by the Tennessee Valley Authority Act. Plaintiff alleges that he was an employee of Econ-dyne Cooling Products Company, an independent contractor, which was erecting mechanical induced-draft cooling towers for T.V.A. pursuant to a written contract. Plaintiff alleges he was in...
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MEMORANDUM AND ORDER This is another in a growing number of cases filed under apparent authority of Title 42, United States Code, Section 2000e, et seq., without any compliance or attempt to comply by either plaintiff or E.E.O.C. with the clear mandatory provisions of the law (42 U.S.C., Sec. 2000e-5). *867 FACTS On December 31, 1974, plaintiff filed a complaint for tem...
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MEMORANDUM OPINION I. INTRODUCTION This case, arising out of an automobile accident, is a claim against the United States, as owner of the automobile whose driver was allegedly at fault. The case is currently before the Court on defendant United States’ motion for summary judgment, accompanied by three affidavits. Plaintiffs have opposed the motion, but have submitted no countering affidavits. Th...
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ORDER RE: MOTIONS TO DISMISS OF HARRIS, KERR, FORSTER AND COMPANY AND THE ALODEX DEFENDANTS IN THE COLE AND BELIN CASES The Court addresses this Order to statute of limitations issues raised by way of motions to dismiss filed by defendants Harr, Kerr, Forster and Company (Harris, Kerr) and defendants Kemmons Wilson, Wallace Johnson and the Alodex Corporation (the Alodex defendants). These...
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MEMORANDUM AND INTERLOCUTORY ORDER Before CAMPBELL, Circuit Judge, CAFFREY, Chief Judge and TAURO, District Judge. This is an action seeking to set aside orders of the Interstate Commerce Commission denying, in large part, a joint application requesting authority for Wright Trucking, Inc. (Wright) to purchase a portion of the operating rights held by Bonded Trucking & Rigging, Inc. (...
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OPINION OF THE COURT On March 9, 1971, Murray Price, a resident of Jackson, Mississippi, filed a civil action for injunctive relief and damages by virtue of the provisions of the Age Discrimination in Employment Act, 29 U.S.C. #621 et seq. and also for pendent common law conspiracy and breach of contract against Maryland Casualty Company, a Maryland insurance corporation, herein called Ma...
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RULING OF COURT These two cases are now before the court upon plaintiffs’ motions for an award of attorney’s fees and expenses. Plaintiffs in each of these cases have previously prevailed in this court at the trial upon the merits. Armstead v. Starkville Municipal Separate School District, 325 F.Supp. 560 (N.D.Miss.1971), aff’d in part and rev’d in part, 461 F.2d 276 (5th Cir. 1972); Baker v. C...
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MEMORANDUM DECISION A motion has been made by defendants Thomas F. Patton and Ralph S. Tyler, Jr., Trustees of the property of Erie Lackawanna Railway Company, Debtor (Erie)' for an order under Rule 12(h)(3) of the Federal Rules of Civil Procedure dismissing the complaint and the cross claims of defendant St. Paul Fire and Marine Insurance Company (St. Paul) against defendant Trustees on the gr...
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OPINION Defendants move pursuant to Rule 50 (b) and (c) of the Federal Rules of Civil Procedure for a judgment notwithstanding a jury verdict in favor of the plaintiff in the amount of $10,000 on plaintiff’s first claim and $69,500 on *649plaintiff’s second claim on the grounds that: (i) there was no evidence of negligence on the part of the defendants, and (ii) plaintiff’s intestate was guilty o...
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The defendant, upon the voluntary dismissal of his appeal from a judgment of conviction on two counts of filing income tax returns containing false statements, now moves for a reduction of the six months sentence imposed upon each count to run concurrently. It is asserted that the court misconstrued the jury’s verdict as having found that the defendant falsely overstated the value of his music li...
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MEMORANDUM AND ORDER Plaintiff brought this civil rights action against a former police officer, based on an alleged illegal assault and arrest. Following a jury verdict for defendant, costs of $621.00 were imposed against plaintiff. Plaintiff then requested this court to vacate its order awarding costs. That motion was denied. Plaintiff’s present motion seeks a re-' hearing of his earlier motion...
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ORDER In this breach of contract action brought by American Steel, Inc., a Texas corporation, against Cascade Steel Rolling Mills, Inc., an Oregon corporation, the Defendant has raised by its motion the defense, under Rule 12(b)(2), of lack of per *302 sonal jurisdiction. Certain facts basic to this jurisdictional question are in dispute. In answering such question, it is pro...
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MEMORANDUM AND ORDER Each of the Plaintiffs has filed an action seeking a written statement of the reasons for the denial of his parole application. Since the eases raised a common legal question, they were consolidated pursuant to Rule 42, Federal Rules of Civil Procedure, for consideration in a single order. I Plaintiffs first claim that written reasons for the denial of parole are required by t...
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MEMORANDUM AND ORDER The defendant Anthony Stanzione has moved to dismiss the above-entitled indictment on the grounds that the United States Attorney has been guilty of misconduct, or, at the very least, gross negligence in failing to disclose exculpatory material in the two prior trials of the defendant on this indictment. Stanzione is accused of conspiring with others to violate certain fede...
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MEMORANDUM OPINION In this appeal from an order of the Bankruptcy Judge discharging Ar- *30 land D. Boydston, the appellants ask this Court, in effect, to hold that the case upon which the Bankruptcy Judge based his opinion has become obsolete. I believe that the precedent, Davison-Paxon Company v. Caldwell, 115 F.2d 189 (5th Cir.1940), cert. denied 313 U.S. 564, 61 S.Ct. 841, 85 L.Ed. 1523 (...
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MEMORANDUM OPINION In this proceeding, the Court is again called upon to determine issues between claimants, and more specifically, plaintiffs-intervenors, Cecil Twillie and Howard C. Smith, and the Forrest City Special School District No. 7, Forrest City, Arkansas. 1 *631 This case was originally filed by the plaintiffs, John E. Cato and Mrs. Lucille B. Cato, for themselves individually ...
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The above-styled cause, a Miller Act case, was heard by the Court, without a jury, on stipulated facts and arguments of counsel and taken under submission on March 5, 1975. Having considered the stipulated facts, exhibits and arguments of counsel, the Court makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. This action was brought by the plaintiff, James ...
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MEMORANDUM ORDER This is a diversity action brought by plaintiff, Lana L. Saad, against defendant Safeco Life Insurance Company, to recover benefits under a policy of accident insurance issued by defendant under which defendant undertook to pay plaintiff $100,000 for the accidental death of Roger L. Saad, who died of a gunshot wound on June 19, 1974. Defendant has not answered pending resolution ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Before STEPHENSON, Circuit Judge, and McMAiNUS and HANSON, District Judges. This is an action by plaintiffs seeking to enjoin and set aside orders of the Interstate Commerce Commission (Commission) dated January 17, 1974 and April 3, 1974, denying plaintiffs’ joint application under Section 5 of the Interstate Commerce Act, 49 U.S.C. § 5, and termina...
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MEMORANDUM AND ORDER This illegal gambling case, first assigned to the late Judge Philip Neville, was tried by the undersigned in February 1975, resulting in a guilty verdict. Defendant Schullo moves for judgment of acquittal or a new trial. Argument was directed principally to a new trial on the grounds of discriminatory prosecution against Schullo because the cases against fellow defendants...
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ORDER Petitioner, a resident at the Federal Penitentiary in Marion, Illinois, seeks an order vacating and setting aside the plea of guilty entered by him to the charge of “ . . . willfully and unlawfully and with felonious intent, take by force, violence and intimidation . approximately $39,000.00 belonging to and in the care, custody, control, management and possession of the Western State Bank, ...
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MEMORANDUM AND ORDER Plaintiff, a practicing New York City physician, initially commenced these two actions in the Small Claims Court division of the New York City Civil Court, to recover $870.60 allegedly due him for medical services rendered to patients participating in what is commonly referred to as the Medicare program. 1 Defendant is an insurance carrier which has contrac...
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MEMORANDUM AND ORDER Back in 1972, plaintiff and one Jerome Rosenberg were fellow prisoners at the Ossining Correctional Facility (better known as Sing Sing Prison). Plaintiff had what he considered to be an unhappy experience with a prison physician (the defendant in this action) and related it to Rosenberg. Rosenberg— who has spent most of his jail time studying law—saw the possibilities of a...
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OPINION AND ORDER This case is predicated upon an alleged violation of the Lanham TradeMark Act, 15 U.S.C. 1125(a), with pendant jurisdiction being called upon to support an unfair competition claim under Section 368-d of the New York General Business Law. Plaintiff publishes a trade magazine entitled “Consumer Electronics Monthly”, which is directed to dealers in electronic products such as telev...
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OPINION This is an action before a three-judge district court pursuant to 28 U.S.C. §§ 1336(a), 1398, 2284, 2321-2325 and 49 U.S.C. § 17(9) to suspend, enjoin, set aside and annul certain orders of the Interstate Commerce Commission. *251 (a) Background These proceedings had their genesis in 1967 when railroads in certain sections of the country filed tariff pro...
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ORDER This private antitrust action was instituted by plaintiff Southern Concrete Company (hereinafter “Southern”), a now-defunct subsidiary of Southern Products Company. From the late 1950’s until October, 1969, plaintiff was engaged in the production and sale of ready-mixed concrete in the Atlanta area. The action is brought against United States Steel Corporation (hereinafter “U.S.S.”)...
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MEMORANDUM OF DECISION The plaintiff, Continental Illinois National Bank and Trust Company of Chicago, has brought an action for construction and interpretation of two individual trust agreements. Certain named defendants have moved this court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, to enter a summary judgment, asserting that there is no genuine issue as to any material fact...
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MEMORANDUM OPINION The plaintiff, Pleasantview Convalescent and Nursing Center, Inc. (Pleasant-view), a provider of services under the Medicare Program, 42 U.S.C. § 1395cc, brings this action to recover approximately $58,000 which it claims was wrongfully withheld by its fiscal intermediary, Aetna Life and Casualty Company (Aetna). Pleasantview has been a provider of Medicare services since 1968, ...
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MEMORANDUM OPINION The named plaintiffs, Rosemary Doyle, as Administrator for the estate of Mary Ann Hawken, deceased, and Barbara Hawken, as sister and next friend of Mary Ann Hawken, bring this action against Unicare Health Services, Inc. (Unicare), and various of its directors and employees, for alleged violations of Mary Ann Hawken’s civil rights, 42 U.S. C. §§ 1983, 1985(3) and 1986....
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*1122 MEMORANDUM RULING In two related cases arising out of a collision between a train and an automobile, this Court is called upon to determine the merits of a number of pretrial motions. On September 27, 1973 in Caddo Parish, Louisiana, a car driven by Henry C. Rodney and occupied by his wife, Mrs. Joan White Rodney, and three minor children, Pamela Brown, Herlisa Brown a...
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OPINION On November 28, 1972, this action was commenced by the United States of America to acquire under power of eminent domain certain described streets, alleys, and public ways in the Village of Stoutsville, Monroe County, Missouri. Those joined as defendants having an interest in the subject property to be vacated are the Trustees of the Village of Stoutsville, the Trustees of the Stouts-vill...
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MEMORANDUM DECISION With the consent of counsel, these cases were tried jointly before me on October 21, 1974. Two stipulations of fact dated June 27, 1974 and October 18, 1974 and a supplemental stipulation; also dated October 18, 1974, have been received. The facts recited below are taken from the stipulations unless otherwise indicated. This Court has subject matter jurisdiction p...
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MEMORANDUM AND. ORDER Statement of The Case Judgment was entered in the above entitled case pursuant to a jury verdict. Actual damages in the sum of $734.42, without interest, and exemplary damages in the sum of $100,000.00, together with costs, were awarded to Plaintiff, Nodak Oil Co. (Nodak). At the close of all the evidence, Defendant, Mobil Oil Corporation (Mobil), made a Rule 50 moti...
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MEMORANDUM OPINION In the Spring of 1970 Plaintiff, Eleanor Gray Knudson, came to Oklahoma City, Oklahoma, for the purpose of purchasing a home. She had been employed at the University of California and had accepted employment at the University of Oklahoma as Dean of the College of Nursing. She employed a local real estate agent, Frank Kelley, to assist her. Through Kelley she located a h...
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ORDER This is a proceeding for a writ of habeas corpus by a state prisoner confined in the Oklahoma State Reformatory at Granite, Oklahoma, pursuant to the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma, in Case No. CRF-74-410. The petitioner claims that his detention is unlawful on the following grounds: 1. That he was denied his 6th Amendment rights to confront...
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MEMORANDUM OPINION This litigation arises from the deannexation of an area (the affected area) formerly a part of Plaintiff’s Independent School District 1-53 (Crooked Oak) and its annexation to Independent School District 1-52 (Midwest City). The process was accomplished in accordance with the laws of the State of Oklahoma. The affected area was transferred from the Crooked Oak District ...
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' MEMORANDUM AND ORDER Respondent Robin Harper is a Quaker who has refused to pay any income taxes *986 since 1958. In 1971 the IRS determined respondent’s deficiency for the years 1962-1967, a determination which respondent unsuccessfully challenged in the Tax Court on the grounds, inter alia, that the payment of taxes to be used for war violated his religious bel...
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OPINION AND ORDER On May 31, 1974, Richard Dabney was found guilty by a jury on four counts charging him with conspiracy, 18 U.S.C. § 371, and violation of the federal bank robbery statute, 18 U.S.C. § 2113. his counsel has filed alternative motions which seek the following relief: (1) dismissal of the indictment based upon excessive pretrial delay, (2) arrest of judgment under Rule 34 of...
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OPINION AND ORDER Plaintiff Gordon Baughman, an over-the-road truck driver, originally brought this civil antitrust action against his former employer Cooper-Jarrett, Inc. and four other trucking companies alleging that the defendants engaged in a conspiracy in restraint of trade to blacklist him from obtaining work in the trucking industry. The complaint charged that the defendants viola...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for declaratory judgment' and injunctive relief, brought under 42 U.S.C. §§ 1981 and 1983 by the parents of public school children within Delaware County, Pennsylvania, challenging the reorganization of certain school districts in that county in 1968. The plaintiffs charged that as a result of such reorganization by the above-named...
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OPINION The controversy presently before the Court concerns itself with the validity of two grand jury subpoenas duces tecum which were issued by the Clerk of this Court on March 7, 1975, pursuant to an application filed on behalf of the United States of America by the United States *993 Attorney for the District of Rhode Island. Said subpoenas duces tecuni commanded the prod...
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MEMORANDUM OPINION Both parties to this copyright infringement case, which is before the Court on a Motion for Preliminary Injunction, are medical doctors. The Plaintiff, Dr. William W. Neal, contends that an original work of his was infringed by the Defendant, Dr. Joe Glickman, Jr. Dr. Neal has sued seeking injunctive relief, an accounting and damages, and other relief. After conducting a he...
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MEMORANDUM OPINION AND ORDER I BACKGROUND OF THE CASE A court trial was held in this matter on December 2 and 18, 1974 and January 13, 1975, at which the principal issue raised related to defendant’s defense of insanity. Since the killing of Roger McKibben on April 4, 1968, for which defendant stands charged, this case has endured a somewhat erratic history. On May 31, 1968, defendant plead...
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MEMORANDUM OPINION AND ORDER Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969 as amended, 30 U.S.C. Sec. 901 et seq. The only issue before the court is whether the Secretary’s decision is supported by substantial evidence. Mr. Duncan worked about thirty-two ye...
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ORDER This matter came on for hearing before the Court on the petition of the School Board to construct a new school at the proposed site as shown by government’s exhibit 5, renovation of the Shaw School by the construction of a new wing thereon, to eliminate the use of portable classrooms now used to accommodate the excess population of that school and the reconstruction of Toulminville High Scho...
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MEMORANDUM OPINION AND ORDER Pursuant to 21 U.S.C. § 881 and 49 U.S.C. §§ 781-788, plaintiff, the United States of America, brings this in rem action against a 1973 Lincoln Continental automobile. In general, these code sections provide that any vehicle which has been used to transport, conceal, or facilitate the transportation or concealment of any contraband article shall be forfeited to the Uni...
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On the morning of June 8, 1970, plaintiff, Bernard Vun Cannon (“Vun Cannon”), an inmate in K-Wing at the Deuel Vocational Institute (“DVI”), was stabbed by a fellow prisoner. K-Wing is one of the maximum security portions of DVI, itself a maximum security institution within the California State prison system. The shocking, and today almost unbelievable, description of this medieval prison was pro...
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ORDER AND OPINION CONCLUSIONS OF LAW AND FINDINGS OF FACT I This action is brought under the Carriage of Goods by Sea Act by Dixie Plywood Company of Houston, Inc. Plaintiff seeks recovery of damages to a shipment of prefinished plywood panelling aboard the M/S “Federal Lakes’’ en-route from Korea to Savannah in 1973. Apparently the damage resulted from the shifting of the cargo...
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ORDER This is a civil diversity action for breach of contract seeking, originally, a declaratory judgment, specific performance and injunctive relief. The plaintiff alleges that the defendant Dabbs Enterprises, Inc. (hereinafter referred to as “Dabbs”), entered into a contract with the defendant, A. G. *940 Estes, Inc. (hereinafter referred to as “Estes”), a cotton merchant, ...
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MEMORANDUM ORDER RE PENDING MOTIONS This is a forfeiture proceeding brought by the United States through the Food and Drug Administration pursuant to 21 U.S.C. § 334 and 28 U.S.C. § 1345, against approximately 406 cases of Clover Club Golden Potato Chips for alleged false and misleading labeling. Clover Club Foods Company has intervened as claimant of the potato chips and has filed an amended ans...
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MEMORANDUM OF DECISION AND ORDER This is an action by the Securities Exchange Commission to enjoin alleged fraudulent offers and sales of securities. It is brought under Section 17 of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. There are six defendants: three corporations and three individuals. The corporate defendants are t...
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ENTRY GRANTING DEFENDANTS’ MOTION FOR DISMISSAL AT CLOSE OF PLAINTIFFS’ EVIDENCE ' This cause came on before the Court for trial without intervention of- a jury on February 13,14 and 17,1975. At the close of the plaintiff’s evidence, the defendants moved for dismissal pursuant to Federal Rules of Civil Procedure 41 (b) upon the ground that upon the facts and the law the plaintiffs had established ...
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390 F. Supp. 1372 (1975) F. Gregory MURPHY, Plaintiff, v. Gerald R. FORD, as President of the United States, Defendant. Civ. A. No. M-74-141. United States District Court, W. D. Michigan, N. D. March 28, 1975. Shumar & Murphy, Marquette, Mich., (Peter H. Shumar, Marquette, Mich., of counsel), for plaintiff. Frank S. Spies, U. S. Atty., Grand Rapids, Mich., for defendant. OPINION FOX, Chief J...
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MEMORANDUM OPINION This action is before the Court following an evidentiary hearing on the petition of Sammie Preston Irby for a writ *1184of habeas corpus pursuant to 28 U.S.C., § 2254. Petitioner is presently serving a forty year prison sentence imposed by the Circuit Court of New Madrid County, Missouri, in 1963. Petitioner seeks to be resentenced by that Court because a previous conviction, ob...
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OPINION Defendants New York Produce Exchange (“Exchange”) and New York Produce Exchange Clearing Association (“Association”) renew their motions for summary judgment with respect to the third count of the amended complaint (“complaint”). Of the facts found to be undisputed on the original motion and set out in detail at 378 F.Supp. 1076,, only those which are relevant to the third co...
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MEMORANDUM This is an action brought under Section 60 of the Bankruptcy Act, 11 U.S.C. § 96, to avoid an alleged preference. Plaintiff is the trustee in bankruptcy of the Estate of Seaway Floor and Paving Company, Inc. (hereinafter “Seaway”), which was a sub-contractor of defendant Rand Construction Company, Inc. (hereinafter “Rand”). On December 21, 1966 Rand was awarded a contract ...
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MEMORANDUM Plaintiff, John P. Causey, Jr., a citizen and resident of the Commonwealth of Virginia, brings this diversity action in his capacity as executor and personal representative of the estates of his deceased parents, John P. Causey, Sr., and Virginia D. Midgett Causey, both of whom were also citizens and residents of Virginia. Plaintiff names as defendants in this action Pan American World...
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ORDER After the plaintiff and the defendant submitted a stipulation and order for dismissal, I issued an order dated October 3, 1974, expressing the view that members of the class alleged in the complaint were entitled to notice of the application for dismissal. I requested counsel for both parties to submit their views as to how such notice should be accomplished. Each party has complied with th...
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MEMORANDUM AND ORDER GRANTING MOTION TO SUPPRESS On October 10, 1974, a U. S. Magistrate, acting on the supporting affidavit of a special agent of the Drug Enforcement Administration (DEA), issued a warrant to search a completely enclosed semi-trailer parked at the rear of a Shell Service Station in Santa Ana, California. Under the authority of this search warrant, DEA agents opened the trailer...
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MEMORANDUM OPINION AND ORDER By this action Plaintiff seeks a declaratory judgment that the Federal Energy Administration’s (hereinafter FEA) interim price regulation for unleaded gasoline (hereinafter the May 29 regulation) 1 which was in effect from June 1, 1974, until July 9, 1974, violated the Administrative Procedure Act (Hereinafter APA) because it was instituted without notice and oppo...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the motion of the defendants for leave to file a third party complaint and the motion of the plaintiffs for a definite trial date and/or reassignment. The plaintiffs have filed opposition to the former motion and a hearing was held on February 4, 1975, after which the Court took both matters under advisement. I. LEAVE TO FILE A TH...
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RULING ON DEFENDANT’S MOTION TO DISMISS This is a pro se action brought pursuant to 42 U.S.C. § 1981 (1970) by the plaintiff, , a white student at Wesleyan University in Middletown, Connecticut, who alleges that he was subjected to racial discrimination by the defendant, Sears, Roebuck & Co., as a result of its refusal to consider him for a position in the- Sears Summer Internship Program...
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393 F.Supp. 428 (1975) Brenda EVANS et al., Plaintiffs, v. Madeline BUCHANAN et al., Defendants. Civ. A. Nos. 1816-1822. United States District Court, D. Delaware. March 27, 1975. *429 Louis L. Redding, Irving Morris, and Joseph A. Rosenthal, Morris & Rosenthal, Wilmington, Del., for individual plaintiffs. Louis R. Lucas, Ratner, Sugarmon & Lucas, Memphis, Tenn., Frederick H. Altergott, A...
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*509 ORDER This matter is before the court on the resisted motion to dismiss filed January 8, 1975, by defendant Langenstein & Schemann AG. Plaintiff Midland Forge, Inc. (Midland), an Iowa corporation with its principal place of business located in Cedar Rapids, Iowa, instituted this diversity action to recover damages under various theories of products liability. Defendants...
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Plaintiff, Margaret Elizabeth Taggart, a legal permanent resident alien, instituted this action seeking a declaratory judgment that Md.Ann.Code art. 68, § 1(b) (1970) is unconstitutional under the equal protection clause of the fourteenth amendment insofar as it requires applicants for appointment to the State constitutional office of Notary Public to be citizens of the United States. 1 ...
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MEMORANDUM OPINION This § 1983 class action is a separate chapter of litigation against the Mississippi State Penitentiary brought by Willie X. Stevenson and Ronald Paul Adams, black and white inmates respectively, seeking declaratory and injunctive relief on behalf of all present and future penitentiary inmates against the penitentiary superintendent and other prison officials. 1 ******Plain...
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OPINION OF THE COURT Doyle Trent, a seventeen year old male, twelfth grade student of Florence High School in the county-wide school district of Rankin County, Mississippi, by and through his mother as next friend, filed this action on behalf of himself and all other male students attending or entitled to attend the public schools of Rankin County to enjoin E. L. Perritt, superintendent of the ...
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FINDINGS AND OPINION This is a suit under the Equal Employment Opportunity Act (Public Law 92-261) as it amends the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Plaintiff, Dorothy Levens, is an employee of the United States government at General Services Administration, Region VI, Kansas City, Missouri, as a budget analyst, GS-11. In this suit she asserts that she was discriminated ag...
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MEMORANDUM AND ORDER Plaintiffs seek to maintain this purported class action on behalf of all of the former shareholders of Kirby Lum *851 ber Corporation (“Kirby”), a Delaware corporation, who were offered or received cash for their shares when Kirby and Forest Products, Inc. (“FPI”) were merged. Plaintiffs also sue derivatively to enforce the rights of Kirby as it existed p...
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MEMORANDUM AND ORDER This is a diversity action brought by two Canadian franchisees, Weight Watchers of Quebec Ltd. (“WW Quebec”) and Weight Watchers of Manitoba Ltd. (“WW Manitoba”), alleging breach of a franchise agreement by defendant-franchisor, Weight Watchers International, Inc. (“WWI”). WWI has moved for summary judgment dismissing the entire action; plaintiffs have cross-moved to ...
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OPINION AND ORDER This cause is before the Court upon a motion by all defendants to dismiss the case pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, on the grounds that the suit is barred by the appropriate statute of limitations. All concerned have briefed the matter. This is a suit under the Securities Exchange Act of 1934 [hereinafter the Exchange Act], 15 U.S.C., § 7...
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MEMORANDUM AND ORDER NO. 1824 In 1965, the Debtor leased to Fisher-Park Lane Company the land upon which the latter then erected a 42-story office building, known as the Westvaco Building, in the City of New York. Under the terms of the lease, the rent payable to the Debtor is computed by aggregating various factors including (1) a “percentage rent” equal to 50% of the amount by which the gross in...
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MEMORANDUM AND ORDER This is an action filed by the claimant for judicial review of the “final deci*1388sion” of the Secretary of Health, Education and Welfare relating to the amount of disability benefits payable to the claimant under the Social Security Act, 42 U.S.C. § 401 et seq. This Court has jurisdiction of the action by virtue of Section 205(g) of the Social Security Act. 42 U.S.C. § 405(...
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OPINION This case presents the question of whether plaintiff may recover as damages a full measure of lost future wages when, in the interim between a disabling injury caused by fault of the defendant, and trial of the case, he suffers an independently caused physiological ailment the disabling effects of which parallel those of the first injury. Plaintiff is a 53-year old longshoreman employ...
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MEMORANDUM AND ORDER Before the Court is petitioner’s pro se application for a writ of habeas corpus and the respondent’s return and answer to the Order to show cause. See 28 U. S.C. §§ 2241(c)(1), 2242, 2243 (1970). The application is granted. I Claude Arnold pled guilty in this Court in 1968 to robbery and assault with a dangerous weapon. He was sentenced to a term of three to nine ...
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ORDER 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 of the Social Security Act. 42 U.S.C. § 416(i) and 423. This Court’s jurisdiction is invoked pursuant to Section 205(g) of the Act. 42 U.S.C. § 405(g). ...
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MEMORANDUM OPINION Plaintiff, Chicago Freight Car Leasing Company (Chicago Car) has brought suit against Martin Marietta Corporation (Marietta) for a declaratory judgment pursuant to 28 U.S.C. § 2201. Both the plaintiff and the defendant in this action are defendants in a personal injury action now before the United States District Court, Middle District of Georgia, Columbus Division, Judge Ellio...
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MEMORANDUM AND ORDER Plaintiff, incarcerated at the Maryland Penitentiary, has brought this civil rights action under 42 U.S.C. § 1983 (1970), alleging that he was denied dental treatment while in segregation at the penitentiary. Plaintiff claims that denying routine dental treatment only to inmates in segregation, while granting such treatment to the general prison population, violates the Equ...
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On October 28, 1965, Charles Loren Knisley brought suit in the Circuit Court for Howard County against the plaintiff herein, John Michael Sobus, seeking damages for injuries allegedly incurred in an automobile collision on May 22, 1965. On that date Sobus, 19 years of age at the time of the accident (Defendant’s Exhibit C, after lunch proceeding, at p. 4), was insured in the amount of $25,000 b...
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MEMORANDUM AND ORDER OF DISMISSAL The plaintiff in this suit challenges certain Massachusetts statutes which regulate parking and the penalties for violations thereof. The plaintiff asserts that the practices complained of are in violation of the Fourteenth Amendment, giving rise to a cause of action under 42 U.S.C. §§ 1983 and 1985. Jurisdiction is predicated upon 28 U.S.C. § 1343 (3). ...
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*92ORDER TO SHOW CAUSE This matter arising on the Court’s own motion, and good cause appearing, It is on this 17th day of March, 1975, 1. Ordered, that Jerome L. Yesko, Esquire, of 90 Main Street, Hackensack, New Jersey, show cause before this Court on the 18th day of March, 1975, at 10:00 A.M. in the forenoon, why an order should not be entered pursuant to Rule 42(b) of the Federal Rules of Crimi...
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MEMORANDUM AND ORDER This is an action brought under § 205(g) of the Social Security Act, 42 U. S.C. § 405(g), 1 and § 1869(b) of the *1013 Act, 42 U.S.C. § 1395ff(b), 2 in which plaintiff (claimant) seeks review of a final decision of the Appeals Council of the Social Security Administration. This final decision denied claimant medicare benefits as...
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OPINION This appeal from the order of a bankruptcy judge 1 raises two questions: one concerns a landlords’ claim for rent, the other, the propriety of allowing the landlords to increase their claim for damages which occurred during debtor’s occupancy. On June 1, 1969, appellants William Cutler and Henry L. Becker entered into a five-year lease with debtor for the rental of...
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DECISION AND ORDER Mr. Bergenthal has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241-54 (1970). I conclude that the petition should be denied. In an order dated January 22, 1975, I requested counsel for the petitioner and the respondent to submit briefs on the question whether the petitioner had exhausted his state remedies with respect to the claims asserted in his pet...
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*323 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Preliminary Statement The plaintiff was employed by the Mancos School District in the summer of 1969 as a teacher for the school year of 1969-70. His contract was renewed on an annual basis for the years 1970-71, and 1971-72, but was not renewed for the school year 1972-73. If his contract had been renewed for the school year 1972-73, he...
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MEMORANDUM-ORDER • This matter is before the Court on plaintiffs’ motion for a temporary restraining order, preliminary injunction and request for the convening of a three-judge court pursuant to 28 U.S.C. § 2282 (1970). 1 The Court will deny the various motions of plaintiffs and dismiss the case for lack of subject matter jurisdiction. I. Facts. The material ...
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OPINION AND ORDER This matter comes before the Court on the motion of the defendant, Maynard J. Pro, for judgment on the pleadings or, in the alternative, for summary judgment. The plaintiff has filed legal memoranda in opposition to the above motion and the government, in responding thereto, requested an oral hearing on the motion. On February 13, 1975, the Court heard argument on the mo...
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ORDER This case is presently before the Court on the Motion of the defendant to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Federal Rules of Civil Procedure, Rule 12(b)(6)). Plaintiff, a prisoner at the Illinois State Penitentiary, Menard, Illinois, has filed a suit pursuant to 42 U.S.C. § 1983 alleging that defendant, a prison guard, struck him in the face and ther...
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ORDER DENYING DEFENDANT’S “MOTION TO RECONSIDER ‘MOTION FOR AMENDED SENTENCE’ UNDER RULE 35” WITHOUT PREJUDICE TO THE FILING OF A MOTION UNDER SECTION 2255, TITLE 28, UNITED STATES CODE On December 15, 1970, a jury found the defendant guilty of conspiring to perpetrate and wilfully and unlawfully aiding and abetting the armed robbery of a federally insured bank, all in violation of Sections 2, ...
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OPINION Plaintiff Hamar Theatres, Inc. brings suit under 42 U.S.C. § 1983 for a preliminary and a permanent injunction prohibiting the defendants Essex County Sheriff Cryan and Essex County Prosecutor Lordi from instituting any legal action, criminal or civil, against plaintiff in connection with seven motion pictures seized, pursuant to search warrants, by agents of the defendants at pla...
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MEMORANDUM OPINION AND ORDER The petitioner is a prisoner of the State of North Carolina. He has filed here an application for a writ of habeas corpus and has been allowed to proceed without the prepayment of fees. 28 U. S.C. § 1915(a). The respondents have answered the petition and moved to dismiss and the petitioner has filed a response to that pleading. In his original petition, the petiti...
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MEMORANDUM AND ORDER This criminal proceeding results from a two count Indictment returned by the Grand Jury charging defendant, a convicted felon, with possession of a firearm in violation of 18 U.S.C. App. § 1202(a)(1), and obstruction of a criminal investigation by means of intimidation, force, and threat in violation of 18 U.S.C. § 1510. Defendant moves the Court to suppress evid...
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MEMORANDUM AND ORDER In an indictment filed on November 7, 1974, Dr. John E. Adams was charged with three counts of willfully and knowingly failing to file an income tax return as required by 26 U.S.C. § 7203.1 After entering pleas of not guilty to all three counts, the defendant moved the Court for an order suppressing the use of information derived from his accounts receivable journal and from s...
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MEMORANDUM AND ORDER The present suit was originally brought by five mortgagor couples on behalf of themselves and all others similarly situated against 172 mortgage-writing institutions located in this District. Plaintiffs’ claims arise from these institutions’ alleged practice of requiring mortgagors to prepay monthly into escrow accounts with defendants a sum equal to one-twelfth their annual ...
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MEMORANDUM OPINION Petitioner was sentenced to a term of five years probation by this court on January 26, 1972 at Criminal Action No. 68-300. *203 On October 17, 1973, petitioner was arrested in Florida on warrants issued from the Western District of Pennsylvania on a charge of armed bank robbery. On October 16, 1973, a probation violation warrant, with bond set for $5,000, was issued for ...
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MEMORANDUM AND ORDER ADOPTING MASTER’S REPORT Since the filing of the report of the United States Magistrate sitting as a special master, 1 dated September 17, 1974, the court received objections to the report filed by both parties and a supplemental memorandum on the objections from the special master dated February 21, 1975. At a hearing on the objections, plaintiffs withdrew objections fil...
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MEMORANDUM AND ORDER The defendants have moved to dismiss the indictment on the ground that Special Attorney Joel Friedman, who pre *805 sented this case to the Grand Jury, was not an authorized person. Mr. Friedman was appointed by Assistant Attorney General Henry Petersen, then Chief of the Criminal Division of the Department of Justice. The letter of appointment was in precisely the same f...
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MEMORANDUM OPINION This matter comes before the Court upon cross-motions for summary judgment filed by the plaintiffs and the defendant. The plaintiffs, trustees of the Parsons Blewett Memorial Fund, seek a refund of income taxes paid by the Parsons Blewett Memorial Fund to the United States for the Fund’s taxable years ended June 30, 1962, through June 30, 1968, in the aggregate sum of $1,017,77...
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*690 OPINION On July 14, 1967, defendant Allan Aaron Shapiro was indicted in the Southern District of New York for refusal to report for induction, in violation of Section 462(a) of Title 50 Appendix, United States Code. On November 29, 1974, Shapiro filed a motion to dismiss the indictment pursuant to Rule 12(b), F.R.Crim.P. In support of the motion, he argues that the alleged failure of his...
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OPINION This is a motion pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, upon notice to all members of the class as heretofore determined, for approval of a settlement. At the hearing no opposition was offered to the settlement, but one individual appeared and moved that she be excluded from the defined class. This interpleader action was commenced by plaintiffs, Teachers Insuranc...
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MEMORANDUM Plaintiff is the record owner of 1,700 shares of common stock of defendant corporation Epko Shoes, Inc. (hereinafter “Epko”), and seeks to represent a class consisting of all holders of Epko shares as of May 1,1974, except for three of the defendants. In his complaint plaintiff challenges a tender offer made by defendant K B Marketing Systems, Inc. for the outstanding shares of...
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MEMORANDUM The corporate defendant Kopy-Kat, Inc. has moved for dismissal of Counts I through IV and Count XI of the complaint. Defendant John J. Leslie, Jr., has moved for an order dismissing the complaint or for summary judgment, based upon an affidavit and supporting documents. In response thereto plaintiff has filed a memorandum of law in opposition thereto with a two page a...
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Plaintiffs in this action seek declaratory and injunctive relief from certain federal laws and federal and state regulations which they allege are being applied by the defendants in a way that deprives plaintiffs of entitlements secured to them by the Aid to Families with Dependent Children (AFDC) provisions of the Social Security Act. 42 U.S.C. § 601 et seq. Plaintiffs held public service employ...
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*1157OPINION AND JUDGMENT This case involves the adequacy of the isolation facilities of the Harrisonburg Correctional Unit #8. The petitioner, Ernest George Minns, is an inmate at Unit #8 and was confined in isolation there from January 14, 1975, through January 28, 1975, for punitive reasons. Petitioner has made several allegations challenging specifically his fifteen day isolation period. He co...
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OPINION AND JUDGMENT Earl Anderson Franklin has filed a petition for writ of habeas corpus. Petitioner is currently detained in North Carolina pursuant to a North Carolina conviction. However, on March 24, 1972, he was convicted of possession of burglary tools with an intent to commit larceny by the Corporation Court of the City of Danville, and was sentenced to a period of five years in the Virgi...
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OPINION Plaintiff in the above entitled cause attacks the constitutionality of the Arizona Implied Consent Law, A.R.S. § 28-691. Plaintiff has instituted the action pursuant to Title 42 U.S.C. § 1983, and invokes the jurisdiction of this Court pursuant to Title 28 U.S.C. § 1343. This is the second time the Implied Consent Statute of Arizona has been challenged on constitutional grounds before...
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*1028 MEMORANDUM AND ORDER In this diversity action plaintiff Edward L. Carey sues Britt Hume, Jack Anderson and the Washington Post (the Post) for an alleged libel in an item composed by Britt Hume for the “Washington Merry-Go-Round.” The item was published under the by-line of defendant Jack Anderson in the Post and numerous other newspapers throughout the United States. The item in its t...
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OPINION AND ORDER John E. Garrett, Jr., a state prisoner and the petitioner in this habeas corpus proceeding, was convicted by a jury on April 9, 1973, in the Superior Court of the State of Delaware of murder in the second degree. Thereafter, he was sentenced to life imprisonment. His conviction was affirmed by the Delaware Supreme Court on April 25, 1974. Garrett v. State, 320 A.2d 745 (Del.Su...
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ORDER Felipe Vidal seeks habeas corpus relief because the state trial judge doubled his sentence after a retrial. The petitioner contends that since the trial judge cited no appropriate reason to justify the increased sentence, the sentence is unlawful and must be set aside. Vidal was charged by an information with (1) carrying a concealed firearm, and (2) possession' of a firearm by a convicted f...
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MEMORANDUM OPINION Plaintiffs have moved for an order granting them reasonable attorneys’ fees for all proceedings seeking to obtain a civil contempt order designed to bring about compliance with the October, 1970 injunction in this case. Plaintiffs’ attorneys have submitted affidavits establishing that a total of 409.5 attorney hours were spent in these proceedings, and contend that a reasonable...
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ORDER This matter is before the Court on motion of the named plaintiffs requesting the maintenance of a class action. The motion was filed on January 24, 1975. To date only one defendant, Mills County State Bank (the Bank), has resisted. Since the time for resistance has expired as to all defendants, the Court has elected to treat the matter as under submission. The original complaint in this act...
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OPINION AND ORDER The defendant, Robert Chevoor, a school teacher in the Watertown High School, has been charged in a three count indictment with knowingly making false statements to a federal grand jury, in violation of 18 U.S.C. § 1623. 1 He has moved to suppress his grand jury testimony and to dismiss this indictment because of the Government’s failure to *438 inform him of his Fifth Ame...
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OPINION AND ORDER This is an action brought by a Northeastern University (Northeastern) hockey player against the National Collegiate Athletic Association (N.C.A.A.), the N.C.A.A. Executive Director Walter Byers (Byers), Northeastern, and Northeastern’s Director of Athletics, Herbert H. Gallagher (Gallagher). The plaintiff seeks to enjoin the defendants from declaring him ineligible to pl...
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MEMORANDUM and ORDER This matter came before the Court on the basis of motions for summary judgment filed by defendants in these civil actions which were consolidated for purposes of pretrial discovery. Plaintiff, a Connecticut corporation engaged in the repair of buildings, brought actions of contract against the named defendants in both cases, seeking to recover for repair work done on certai...
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OPINION The S.S. RICHWOOD, loaded with government cargo, left Oakland, California on June 10, 1969 bound for Da Nang, South Vietnam. During the voyage, her master called for tug assistance and she was towed approximately 1,000 miles to Yokohama, Japan. Plaintiff’s assignor, Richwood Steamship Company (“Richwood”), the owner of the vessel, declared a general average based on the incident. ...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, Dorsey & Company, Inc., a stock brokerage house located in New Orleans, Louisiana, brought this action against Banque National De La Republic D’Haiti (“Banque”) for damages allegedly caused by Banque’s negligence in handling stock certificates and drafts transmitted to it for collection by plaintiff’s agent, the Hibernia National...
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MEMORANDUM KEVIN THOMAS DUFFY, District Judge. A motion was made by the defendant The Chase Manhattan Corporation to dismiss this ease pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or for summary judgment pursuant to Rule 56 of the Rules. It was clear at argument of the motion that both sides agreed as to the facts as set forth in the affidavits. Both sides at that time decided...
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MEMORANDUM OPINION AND ORDER This litigation involves two loans, one loan in the amount of $300,000 made to the Stricklins and the Slaters, and one loan in the amount of $240,000 made to the Farrises and the Slaters, by the defendant for the construction of two apartment complexes in Oklahoma City. Both loans had allegedly been in default for three months at the time suit was brought by all pla...
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OPINION AND ORDER In this Section 402A products liability case, a jury awarded damages in the amount of $161,250 to plaintiff Ken *208 neth Carpenter, and in the sum of $50,-000 to his wife, Betty. We are now asked by defendant Koehring Company to grant its motion for judgment n. o. v. or, in the alternative, its motion for a new trial. Before us for decision are the following issues: (1) s...
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OPINION This action arises out of a dispute over the amount of dividends to be credited to an insurance policy issued by defendant to plaintiff. Presently before me is defendant’s motion 1 to enforce a settlement agreement negotiated by counsel for the parties. Throughout this case, plaintiff, Murray D. Gross, has been represented by a New York attorney, Carl Kanter, Esqui...
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OPINION AND ORDER Defendant William H. McAlpine (McAlpine) has moved this Court to set aside a default judgment and to dismiss, or in the alternative, to transfer this action to the United States District Court for the Eastern District of Michigan. For reasons hereinafter set forth, we have decided that the ease should be transferred to the Michigan District Court and, therefore, we will defer ...
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DECISION AND ORDER This cause is before the Court pursuant to Plaintiff’s action brought under Section 1983 of the Civil Rights Act, Title 42, United States Code and its jurisdictional counterpart, Title 28, United States Code, Section 1343, against Defendant Celeste Benitez de Rodriguez. Plaintiff seeks monetary damages alleging that Defendant, while serving as Secretary of Education of Puerto...
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*607MEMORANDUM OPINION This is primarily a first amendment case, involving the free exercise of religion and freedom of speech. The Plaintiffs claim their constitutional rights are chilled impermissibly by the Defendants’1 *****practice of having devotees of the Society of Krishna Consciousness arrested and jailed when they offer their literature and solicit donations at the Dallas-Fort Worth Regi...
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DECISION AND ORDER The Regional Director for the Thirtieth Region of the National Labor Relations Board (hereinafter “Board”) has petitioned this Court for temporary injunctive relief pursuant to Section 10(j)• of the National Labor Relations Act, as amended (hereinafter “Act”), 29 U.S.C. § 160(j), pending final disposition of charges filed by the Milwaukee Independent Meat Packers Associ...
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*534 DECISION AND ORDER OF DISMISSAL This is a tort action for personal and property damage as a result of an automobile accident allegedly caused by the defendant James P. Graham, an F.B.I. agent, while on duty. The Government removed this case from state court pursuant to 28 U.S.C. § 2679(d). The defendant has now filed a motion to dismiss this action for lack of subject matter jurisdiction...
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MEMORANDUM AND ORDER Under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 667) (1970) (Act or OSHA), a State *973 may submit a plan for the development and enforcement of occupational safety and health standards, which plan will be effective in lieu of the Federal program if specified statutory criteria are met. Three of the most important criteria ...
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ORDER This matter is before the Court by way of cross motions for summary judgment. The plaintiff brought this suit to recover damages allegedly suffered as a result of a utility service shut-off. She alleges that Northern Natural Gas Company and the Iowa State Commerce Commission acted under color of state law regulation to deprive her of due process of law pursuant to 42 U.S.C. § 1983. Th...
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Loyola Federal Savings and Loan Association (Loyola Federal) is here seeking to recover income taxes and interest previously paid the District Director of Internal Revenue. Specifically at issue in this case is whether this taxpayer was entitled to make certain deductions in the taxable years' 1963 and 1964 as bad debt reserves.1 As a domestic building and loan association, Loyola Federal was enti...
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MEMORANDUM AND ORDER This case arises upon plaintiffs’ request for declaratory judgment pursuant to 28 U.S.C. §§ 1332(a) and 2201. Plaintiffs seek a decree from this Court declaring that the terms “child,” “children,” “descendants,” and similar terms, as used in the five trust instruments at issue in this proceeding, include plaintiff Carolyn Bauernschmidt Purifoy, the lawfully adopted ch...
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MEMORANDUM AND ORDER Petitioner, confined at United States Penitentiary, Terre Haute, Indiana, pursuant to a ten year sentence imposed on March 23, 1973 following conviction for receiving and concealing coins and currency that had moved in interstate commerce knowing same to have been stolen in violation of 18 U.S.C. § 2315, seeks post conviction relief under Rules of Criminal Procedure 35 and 28 ...
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On February 28, 1975, this court filed an order reserving decision on the petitioner’s application for bail. On March 11, 1975, the United States Court of Appeals for the Second Circuit, after considering petitioner’s appeal from that order, remanded the case to this court so that findings could be made on petitioner’s bail application. In June of 1971, one of the petitioner’s patients expired in ...
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This action for an injunction against alleged infringement of plaintiff’s trademark “TEFLON” was tried by the court upon the facts. Jurisdiction is grounded upon 15 U.S.C. § 1121 and 28 U.S.C. §§ 1332 and 1338. The facts and legal discussion which follow constitute the court’s findings and conclusions as required by Rule 52, F.R.Civ.P. I. Plaintiff, E. I. Du Pont de Nemours and Compan...
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OPINION AND ORDER This matter is before the Court for judgment upon stipulated facts. Jurisdiction is had pursuant to 28 U.S.C. § 1346(a)(1). Plaintiff brings suit to recover a partial payment of a penalty assessed against him by the Commissioner of Internal Revenue pursuant to §§ 6671(b) and 6672 of the Internal Revenue Code of 1954 (hereafter, I.R.C.). The government counterclaims for the b...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case involves individual and class action claims of racial discrimination in certain employment practices of Stock- *441 ham Valves & Fittings, Inc. (“Stock-ham”) at its Birmingham manufacturing complex. In part the claims are asserted also against United Steelworkers of America, AFL-CIO and its Local Union 3036. Plaintiffs, Patric...
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JUDGMENT The issues in the above-entitled action having been regularly brought on for trial on the 18th day of February, 1975, the parties having duly appeared by their respective attorneys, the allegations and evidence of the plaintiffs having been heard in support of plaintiffs’ contentions, and the defendants having made a motion to dismiss the Complaint at the conclusion of plaintiffs...
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RULING ON MOTION TO DISMISS This is a civil rights action under 42 U.S.C. §§ 1981, 1985(3) (1970). The *890 named plaintiff is a black former employee of the defendant private university who claims he has been discriminated against because of his race by the University and defendants Woodruff and McKinley, respectively the president and vice president for student affairs of t...
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ORDER This action for declaratory judgment and specific performance is before the Court on cross motions for summary judgment. Most of the pertinent facts surrounding the controversy appear not to be disputed. . On October 7, 1964, D. H. Overmyer Warehouse Company of Georgia1 [hereinafter, Overmyer (Georgia)] granted plaintiff a ten year lease to a portion of the premises known as 3141 Nifda Boul...
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After a jury trial of plaintiff’s claims against Chevron Oil Company (Chevron) for negligence under the General Mari *957 time Law, a verdict awarding plaintiff $70,000 damages, reduced by 35% for contributory negligence of the plaintiff, was returned. The claims of Chevron for recovery over against Pelican Marine Divers, Inc. (Pelican) and its insurer, Canadian Universal Insu...
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OPINION The plaintiff, Detroit City Dairy, Inc. (DCD), commenced this suit against the Kowalski Sausage Company, Inc. (Kowalski) contending that Kowalski had violated § 1 of the Sherman Antitrust Act (15 U.S.C. § 1) and § 3 of the Clayton Antitrust Act (15 U.S.C. § 14) by engaging in an illegal tying arrangement with certain of its retailers. The issue of liability was tried before the co...
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ORDER and OPINION The Confederated Salish and Kootenai Tribes of the Flathead Reservation and four enrolled members of the Tribes *1326suing on behalf of themselves and all other members of the Tribes seek a judgment (1) declaring unconstitutional the enforcement against plaintiffs of the provisions of Title 53, Rev.Mont.Code, §§ 114, 1025-1029, and Title 84, Rev. Mont.Code, §§ 201,*$01,^ 302, 40...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried on February 13, 1975 upon allegation of the plaintiff that the defendant had engaged in policies and practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Specifically, the plaintiff claimed that she had been denied employment opportunities as a result of the practices of the ...
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This action arises as a result of the removal of plaintiff from his office as Business Representative of Local 191, United Brotherhood of Carpenters and Joiners (Local), the imposition of a fine, and the prohibition to run for or to hold any Union office for three years. Plaintiff contends: the Union’s adjudicative procedure was fraudulent and inadequate, both legally and within the context of ...
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MEMORANDUM AND ORDER I Presently before the Court are two motions of the plaintiff. Plaintiff seeks leave to amend her complaint, and add Chamberlain Associates as an additional defendant in the above action, or to have the Court rule that the defendant, Hospital of the University of Pennsylvania (Hospital), is estopped from claiming that any doctors, nurses, technicians, and/or other persons who...
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MEMORANDUM AND ORDER In an Opinion and Order dated January 21, 1975, 388 F.Supp. 437, this Court certified a class pursuant to Rule 23(b)(2) composed of all those persons within the Eastern District of Pennsylvania who have been, are being, or will be denied child’s insurance benefits on the account of a retirement-aged insured solely because of the provisions of 42 U. S.C. § 416(h)(3)(A). We dec...
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MEMORANDUM AND ORDER We have before us cross motions for summary judgment in the instant case. For the reasons set forth below, we grant plaintiffs’ motion for judgment to the extent of a declaration that the denial by defendant of the use of sick leave for maternity-related disabilities is illegal, and to the extent of an injunction against continued enforcement of the policy. By the same toke...
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ORDER GRANTING MOTION TO DISMISS This purports to be a shareholder’s derivative suit against transamerica Corporation (“Transamerica”) and its directors. On April 16, 1974, plaintiff, who had never been employed by nor sought employment from Transamerica, purchased one share of stock in defendant corporation. 1 Exactly one month later, on May 16, 1974, she filed complaints befo...
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MEMORANDUM OPINION At the present stage of this securities fraud litigation, one of the most controversial procedural issues which the Court is again called upon to review involves the “Fifteenth Defense”. The substance of this defense is that the Securities and Exchange Commission (SEC or Commission) violated its rules and procedures by failing to advise the defendants of their potential liabi...
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MEMORANDUM AND ORDER This is an action seeking judicial review of a decision by the Commissioner of Patents denying plaintiff a retroactive license for a foreign patent filing pursuant to 35 U.S.C. § 184. Jurisdiction is founded upon certain sections of the Administrative Procedure Act, viz., 5 U.S.C. §§ 702-704, 28 U.S.C. §§ 1338 and 1361, and §§ 181-185 of 35 U.S.C. On January 18, 1973, plaintif...
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OPINION AND ORDER On February 19, 1975 this Court issued its opinion in A. O. Smith Corporation, et al. v. Federal Trade Commission, et al., Civil Action No. 75-15, wherein it denied defendants' motion to dismiss for lack of jurisdiction and granted plaintiffs’ motion for preliminary injunction. That case involves a suit by seven corporations seeking declaratory and injunctive relief agai...
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Appellants R. W. Steltemeier, Jr. (Steltemeier) and J. Clyde Alley (Alley) have appealed to this court pursuant to Rule 801, Rules of Bankruptcy Procedure, the turnover order of the bankruptcy judge dated August 9, 1974, directing Steltemeier to pay over to the trustee of the bankrupt, Kirk Kabinets, Inc. (Kirk), the sum of $14,112.00. I. BACKGROUND. Kirk was adjudged a bankrupt on October 15, 197...
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*1262MEMORANDUM OPINION AND ORDER On October 10, 1974 the defendant, Jesse L. Fitzgerald, was indicted in three counts which alleged that he wilfully and knowingly attempted to evade and defeat a large part of the income tax due and owing in the calendar years 1968, 1969 and 1970. The defendant entered a plea of not guilty on November 11, 1974 and filed a Motion to Suppress All Evidence on Novembe...
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Prior to April 14, 1960, the plaintiffs 1 owned certain oil properties in Louisiana. On that date they incorporated the Harrison Property Management Co., Inc., and made a simulated transfer of the properties to the corporation. A counter letter was reserved expressing the true intention of the parties, that is, that the corporation did not have “any right, title or interest in and to said Prope...
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*54 MEMORANDUM AND ORDER I. This case pends on defendants’ motion to suppress illegally seized evidence, in this instance the controlled substance stipulated to be marihuana, which defendants allegedly possessed with intent to distribute in violation of § 841(a)(1), Title 21, United States Code, and § 2, Title 18, United States Code. At a pretrial conference with counsel, the Court reviewed...
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ORDER SEVERING COUNTERCLAIMS AND SUGGESTION OF TRANSFEREE JUDGE TO PANEL ON MULTIDISTRICT LITIGATION FOR REMAND OF PLAINTIFF’S CLAIMS TO TRANSFEROR COURT This matter is presently before the Court upon the motion of Uniroyal, Incorporated, plaintiff in Civil Action No. 20690 which has been transferred to this Court under the provisions of Section 1407 of Title 28, United States Code, to strike the ...
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Defendant has moved for a summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and the parties have submitted an agreed statement of facts which have been stipulated “solely for the purposes of the pending motion”, which are as follows: “1. The infant plaintiff, HECTOR SERRANO, was born on July 27, 1953. “2. The infant plaintiff was employed by PEARL PRINTING CO., INC. in l...
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MEMORANDUM AND ORDER The proceeding commenced on November 25, 1974 in the Supreme Court of the State of New York, Nassau County, by service of a summons and complaint. The action was then removed to this Court on December 12,1974. The complaint seeks judgment (1) declaring that plaintiff is entitled to a lifetime monthly pension of $330.00 from a pension fund in which his employer pa...
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ORDER Petitioner, a federal prisoner, has filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. The facts supported by the record are as follows: Petitioner was arrested on March 5, 1973, and bail was set at $250,000. On March 20, 1973, a federal grand jury indicted him for possession of heroin with intent to distribute and distribution of heroin. Petitioner was arraigned in Raleigh on A...
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ORDER NO. 340 Memorandum Re: Document Nos. 957, 990, 992 and 996 The Erie Lackawanna Railway Company (hereinafter EL) has been, and continues to be an integral segment of the National Transportation Systems serving the highly industrialized northeastern United States. Its main line extends between Chicago and New York City. EL operates over 2,800 miles of railroad serving the cities of Marion...
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OPINION This action, brought by John E. Kind against his employer, the Penn Central Transportation Company, (Penn Central),1 *presents the recurring problem of a returning veteran’s eligibility for vacation benefits when he has failed to fulfill a “compensated service” requirement imposed by the applicable collective bargaining agreement.2 All material facts have been stipulated by the parties, wh...
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OPINION TABLE OF CONTENTS 1. Background P- 1231 2. Validity of the ’223 Patent p. 1232 3. Infringement of the '223 Patent p. 1236 3.1 The ’223 Apparatus Claims with Respect to the Wanchek, Tye-Sil and Camberloc Machines p. 1236 3.2 The '223 Apparatus Claims with Respect to the Bowmatic Machine P- 1237 3.3 Possible Restriction of the Broad Claims of the ’223 P...
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ORDER This action arises out of a vehicular accident which occurred in the Republic of Panama on or about April 15, 1974. Defendant is a corporation organized and existing under the laws of the State of South Carolina with its principal place of business in Greenville, South Carolina. Defendant and Central International Corporation had contracted to complete' the rehabilitation of the Trans-Ist...
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JUDGMENT CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF LAW On this 18th day of March, 1975 came on for consideration and for decision on the merits the above styled and numbered cause. This cause is before the Court pursuant to an Order of Remand by the Fifth *580 Circuit Court of Appeals “for a full evidentiary hearing” concerning the petitioner’s claims that the defendants have punished ...
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ORDER ON PETITIONER’S § 2254 APPLICATION FOLLOWING REMAND I. History of Case This case was remanded by the Fifth Circuit for the purpose of further evidence being presented as to the “inventory exception” to warrantless searches and seizures relied on by the defendant Warden. See Lowe v. Hopper, 501 F.2d 952. Joseph Lowe, Jr. was convicted in the Superior Court of Chatham County in 1971...
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ORDER Atchison was indicted for willfully and knowingly transporting Kimberly Gos-sett in interstate commerce, after she had been unlawfully seized, confined, inveigled, decoyed, kidnapped, carried away and held by Atchison “for ransom, reward or otherwise” from July 7, 1974 until September 19, 1974 in violation of 18 U.S.C. § 1201. The Government’s evidence adduced at trial clearly demonstrated t...
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MEMORANDUM OPINION AND ORDER Plaintiff Sally D. Dear filed an amended complaint in this case on July 9, 1974 for herself and as mother, guardian and next friend of her minor children, R. Cannon Dear and Jeffrey M. Dear (named as Co-Plaintiffs). The pro se complaint names four defendants and charges them with conspiracy and violations of plaintiffs’ civil rights, committed under color of state...
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MEMORANDUM DECISION On November 10, 1969, petitioner withdrew his plea of not guilty and entered a plea of guilty before Honorable Francis T. Delaney, Circuit Judge, Cook County, Illinois, to four indictments. Three indictments charged him with two counts of armed robbery, one count of aggravated battery and one count of unlawful use of weapons. On motion of the State the fourth indictment chargin...
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MEMORANDUM Plaintiff Donald Zucker Company (“Zucker”), a New York corporation engaged in the loan brokerage business, brought suit against defendants Prime Properties (“Prime”), a Louisiana corporation, and Gilbert L. Dozier, an officer and shareholder of Prime, for breach of a brokerage commission agreement.1 Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil ...
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MEMORANDUM OPINION This cause comes before the Court as a derivative action initiated by a shareholder of the nominal defendant Reading & Bates Offshore Drilling Co. (Reading and Bates). The action was brought pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. Sec. 78p (1964). The relief sought is the recovery of “short swing” profits made by t...
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ORDER Carson Steel, Jr., defendant herein has filed a “Motion for Pretrial Detention Time”. He claims in his pleading as amended that he is entitled to credit on the service of his federal sentence for jail time in state custody during the periods of March 4, 1971 to March 31, 1971, April 8, 1971 to April 14, 1971, and April 27, 1972 to May 26, 1972. Under Section 3568 of Title 18, United State...
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OPINION Before me are three Petitioners for Review of orders entered by the Bankruptcy Judge in proceedings involving the Debtor, Scientific Resources Corporation (SRC). BACKGROUND In 1965, SRC acquired substantially all of the capital stock of Hilco Homes Corporation from Martin Cohen, Anita Cohen, Walter Drucker and Richard Drucker (hereinafter referred to as petitioners) for an agreed price of ...
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OPINION AND ORDER After conviction by a jury the defendant, Frank Mazzei, filed a “Motion for Judgment of Acquittal or in the Alternative for a New Trial.” In our opinion the motion and the alternative motion should be denied. 1 *1101 The motion sets forth the following reasons in support thereof: 2. The court erred in denying the motion for judgment of acquittal. 3. The verdict was c...
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FINDINGS OF FACT, CONCLUSIONS OF LAW and OPINION Sitting by Designation. David Sharp, an employee of Central Vermont Public Service Corp. (CV), was seriously injured on February 16, 1970, while in the process of doing his work as a third class lineman for CV on a pole owned by New England Telephone & Telegraph Co. (Telco) as a result of the pole’s falling. Having climbed the pole, hereinafter des...
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DECISION and ORDER This matter is before me on the third-party defendant’s renewed motions for summary judgment and for a preliminary injunction. During the second and third quarters of 1970, the Skobis Company withheld federal income and employment taxes from the wages of its employees. However, these amounts were never paid over to the government. Pursuant to 26 U.S.C. § 6672,...
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MEMORANDUM AND ORDER Plaintiffs Jane Corne and Geneva DeVane filed the present complaint alleging a violation of civil rights based on sex discrimination. The suit was instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (Title 42, United States Code, Section 2000e et seq). It is alleged that at the time the discriminatory acts occurred, plaintiffs...
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SUPPLEMENTAL ORDER This cause came before this Court upon plaintiffs’ Motion for Further Relief and the Opposition of the defendants thereto. After a review of the en *271 tire record, the Court inclines to the belief that substantial progress has been made in this difficult and complex area. On the other hand, without deprecating the value of voluntary settlement of these problems, there app...
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MEMORANDUM AND ORDER This action involves purported violations of the Consumer Credit Protection Act (hereinafter “Act”), 15 U.S.C. § 1601 et seq., and Regulation Z, 1 in connection with the financing of real property. In essence, the complaint alleges that defendant wrongfully failed to disclose the cost of the owner’s title insurance which it required as a condition of issuin...
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MEMORANDUM DECISION Stanley W. Trescott, the plaintiff in this case, is a resident of Florida and is a migratory beekeeper. He has for many years maintained multiple beehives in Florida. During the summer months, he transports them to the State of New York and brings them back into Florida in the latter part of the year. Chapter 586 of Florida Statutes regulates the bee industry in F...
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ORDER This action seeks an interpretation of federal statutes governing the registration of plant growth regulators and a determination of the effect of those statutes on the dispute which has arisen between the parties. The “court has held several hearings in this case and this order will dispose of the entire case. Statement of Facts In 1961 plaintiff Amchem and defendant ...
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MEMORANDUM AND ORDER Petitioner is now incarcerated in the Maryland House of Correction under a sentence of life imprisonment on a conviction of first-degree murder and a twenty-year sentence for attempted robbery with a dangerous weapon, the latter sentence to be served consecutively to the life sentence. Petitioner was arrested on December 28, 1963, and was originally convicted of both offens...
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The several claims in this action under the antitrust laws, 15 U.S.C. 2, 15 and 26, originally brought by T. S. Alphin, d/b/a Alphin Aircraft (Alphin), against Richard Henson (Henson), and Henson Aviation, Inc. (HInc.), deal with the furnishing of aviation supplies and services on the Hagerstown Regional Airport, formerly called the Hagerstown Municipal Airport (the airport). By subsequent plea...
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OPINION This case arises from an abuse of official power incident to the litigation concerning bilingual education entitled Aspira of New York, Inc. v. Board of Education of City of New York, D.C., 72 Civ. 4002. The latter controversy, though not altogether concluded, was brought to the point of a seemingly constructive consent decree on August 29, 1974. In this case, having ended (under a cour...
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OPINION I. STATEMENT OF THE CASE Plaintiffs are shareholders who have brought a class action against Deehert, Price & Rhoads (“Dechert”), Main, LaFrentz & Co. (“Main, LaFrentz”) and Frederick Taylor (“Taylor”) arising out of the sale of the stock of United Municipal Incinerator Corporation (“UMIC”), subsequently Scienscope, during the period February 11, 1969 to December 2...
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OPINION This is a complaint filed pursuant to the Social Security Act, 42 U.S.C.A. § 405(g) to review a final decision of defendant denying the plaintiff widow’s benefits. The immediate matter before 'the Court is defendant’s motion for summary judgment. The role of this Court is to determine whether substantial evidence exists to support the Secretary’s decision that claimant’s husband died of a ...
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MEMORANDUM Plaintiffs, appearing pro se, are federal prisoners incarcerated at the Petersburg Federal Reformatory, Peters-burg, Virginia. They bring this class action against the Attorney General of the United States and the Director of the Bureau of Prisons, challenging certain Bureau regulations and regulations of the Petersburg Reformatory which allegedly violate their rights under the First...
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DECISION AND ORDER In this diversity action the defendant has moved to dismiss the plaintiff’s complaint for failure to state a claim. Plaintiff Koral Sales, Inc., claims that it was injured by a Dun & Bradstreet credit report which was circulated to its subscribers and contained information about the plaintiff which was originally true but became untrue with the passage of time. The defendant cl...
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DECISION AND ORDER This is an automobile negligence case based upon diversity of citizenship in which defendants Eldon C. Orth and Guaranty National Insurance Company (hereinafter “Guaranty National”) have moved to dismiss plaintiffs’ complaint or, in lieu thereof, to quash the service of the summons on each of the moving defendants. Defendant Guaranty Na *315 tional, in addi...
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MEMORANDUM OF OPINION On September 14, 1973, plaintiffs brought this action on behalf of themselves and on behalf of other members of a purported class 1 consisting of all commercial, industrial, agricultural and governmental users of rigid polyurethane foam insulation products against five defendants, who are alleged to have manufactured and marketed these products under vario...
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In this case which has been tried non-jury before this Court two plaintiffs seek damages resulting from injuries sustained by each of them while working as longshoremen aboard a vessel docked in the Baltimore, Maryland area. Their claims raise questions of the meaning and application of one of the 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act. That amendment is set ...
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MEMORANDUM AND ORDER This civil action, brought pursuant to 42 U.S.C. § 1983, seeks to enjoin on constitutional grounds the operation of Mass.Gen.Laws Ann. ch. 127, § 133 1 which requires a prisoner, convicted of certain violent crimes, to serve two-thirds of the sentence imposed before becoming eligible for parole. Persons convicted of crimes not covered by the challenged statute are require...
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OPINION AND ORDER This is a complaint in admiralty. Wallace Kari, now deceased, was a seaman in the United States Merchant Marine, employed at the time of the injuries complained of as an ordinary seaman aboard the USNS “Cossatot,” owned and operated by the defendant, the United States of America. It is alleged that on or about November 26, 1971, while the vessel was in navigable waters i...
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MEMORANDUM OF DECISION Plaintiffs have filed a motion for an order that plaintiffs have standing to maintain the derivative actions in the above-captioned cases, the first being an Ohio case and the second a Virginia case. In the other five antitrust cases consolidated for pretrial purposes by the Multidistrict Panel, No. 72-2479, No. 73-2353, No. 73-2554, No. 73-2413, No. 73-2483, d...
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OPINION This civil rights complaint comes before the court on defendants’ motion for summary judgment. Plaintiff avers in his pro se complaint that on August 19, 1970 at approximately 1:00 a. m., he and two friends, Robert Hooper, a cousin, and James McDermott, were at his home, the White Oak Apartments, Ross Township, Allegheny County, Pennsylvania. He left his apartment ...
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Petitioner, Rev. Dr. Frank D. Lovell, presently an inmate at the United States Penitentiary, Lewisburg, Pennsylvania, has filed, in forma pauperis, a petition for a writ of habeas corpus in which he requests the court: (1) to order certain state criminal charges dismissed on the ground that the state indictments subject him to double jeopardy because his federal conviction is for the same offense,...
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MEMORANDUM Dr. Ina Braden, plaintiff in the above entitled action, seeks damages and injunctive relief against the University of Pittsburgh (Pitt) and its Chancellor, Wesley W. Posvar, alleging injury as a result of discriminatory employment practice on the basis of sex. The alleged injury having occurred prior to the 1972 Amendment which rendered the Equal Employment Opportunities Act of 1964 ...
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OPINION The plaintiff, United States Steel Corporation, operates Maple Creek No. 1 and No. 2 mines in Washington County within the Western District of Pennsylvania. The labor relations are fixed between the defendants the International Union, United Mine Workers of America, the District Union, District No. 5, and the Local Union No. 1248 by an Agreement dated December 6, 1974 to December ...
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MEMORANDUM AND ORDER Plaintiff is suing to recover $19,665 which is allegedly due to him as minimum royalties payable pursuant to a licensing contract dated December 31, 1968. This contract referred to patent application serial No. 733,736 (hereinafter referred to as ’736) involving controls for electronic data processing apparatus. This ’736 patent never issued, but a later patent was issued t...
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MEMORANDUM OPINION and ORDER Plaintiff has filed this action challenging the final action of the Secretary of Health, Education, and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the Social Security Act, 42 U.S.C. § ...
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ORDER GRANTING SUMMARY JUDGMENT Plaintiff moves for summary judgment on its claim to enforce a maritime lien arising out of repairs performed on the M/V CAMELOT. In October, 1973, defendant Hansen arranged with third party defendant Chris-Craft of Seattle, Inc., for Chris-Craft, and its employee Dennis Massoth, to act as agent in the sale of Hansen’s vessel. In its agency capacity, Chris-Craf...
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MEMORANDUM and' ORDER On October 23, 1974, the grand jury returned an indictment against the above named defendant; it is charged that he made a false statement concerning his prior criminal record in connection with the acquisition of a firearm from a licensed firearm dealer, in violation of 18 U.S.C. §§ 922(a)(6) and 924(a). On February 18, 1975, counsel for the defendant filed a motion requesti...
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390 F. Supp. 1041 (1975) Charles E. MOSHER, Executor of the Estate of Edith Bryant Reid v. UNITED STATES of America. Civ. No. B-872. United States District Court, D. Connecticut. March 12, 1975. Daniel M. Moger, Jr., Lane, Jacques & Mosher, Greenwich, Conn., for plaintiff. Robert T. Carney, Trial Atty., Tax Div., Department of Justice, Washington, D. C., Harold J. Pickerstein, Asst. U. S. Att...
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ORDER This is an action to recover for alleged discrimination in employment based on sex. Plaintiff, a former stewardess employed by defendant Delta Air Lines, Inc., seeks injunctive relief in the form of reinstatement with back pay, as well as an award of attorney’s fees, pursuant to the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (hereinafter Title VII)....
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MEMORANDUM and JUDGMENT ORDER This habeas corpus action has a rather extensive history of litigation. United States ex rel. Mattox v. Scott, 366 F. Supp. 1294 (N.D.Ill.1973), 372 F.Supp. 304 (N.D.Ill.), aff’d in part, rev’d in part, 507 F.2d 919 (7th Cir. 1974). It comes before me now on Petitioner Mattox’s Motion to Discharge. Upon review of the parties’ legal and factual contentions, I decide th...
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MEMORANDUM OPINION This is a diversity case in which a former employee seeks to have declared unenforceable a provision in his employment contract which precludes competition with his former employer for eighteen months subsequent to termination. Plaintiff Albert J. Diaz is a resident of Maryland. The defendant, Indian Head, Inc. (hereafter, “Indian Head”) is a Delaware corporation, also ...
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FINDINGS AND RULING I find that the defendant Lillian L. Rye owes a total of $4,782.60 in arrears of income taxes, penalties and interest to date, and I find, adjudge and decree *529that the United States has valid and subsisting liens in the said amount upon all property and rights to property of Lillian L. Rye (“Lillian”). I further find that at no time material hereto did the defendant Owen M. ...
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MEMORANDUM AND ORDER This action wherein the Plaintiffs seek injunctive and declaratory relief was initiated by the filing of a complaint on April 2, 1974. Federal jurisdiction is claimed under 28 U.S.C. § 1331 and § 1343; a cause of action is asserted under 42 U.S.C. § 1983 and § 1988 for alleged violations of the Ninth and Fourteenth Amendments to the United States Constitution. ...
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OPINION AND ORDER This matter is before the Court on defendant’s motion to suppress and the government’s memorandum in opposition. A hearing on the motion was held on March 10,1975. *1293 Defendant is charged by indictment with possession with intent to distribute methaqualone in violation of Title 21, United States Code, Section 841(a)(1). Prior to December 13, 1974, member...
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ORDER In this diversity action Plaintiffs allege that they are the purchasers of certain revenue bonds issued by the Clare-more Industrial Authority (CIA). Plaintiffs allege that Defendant, Guaranty Trust Company, is the successor to Security First Trust Company (Security). Security entered into a contract with CIA entitled “Indenture of Mortgage and Trust, Security Agreement and Assignme...
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MEMORANDUM OPINION AND ORDER Plaintiff was convicted on charges of rape and sodomy of a Mrs. Joan S. Scranton on October 21, 1971, and he is presently incarcerated at the State Correctional' Institution at Graterford, Pennsylvania. Three years after his criminal conviction, he has instituted a civil rights1 damage suit against Mrs. Scranton, an Assistant District Attorney and four police officers ...
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MEMORANDUM This is an action under the Civil Rights Act challenging the constitutionality of the Public School Code, 24 P.S. §§ 13-1376 and 13-1377. Relief requested includes the enjoining of the enforcement and execution of the aforesaid statute. Plaintiffs have also filed a motion for the convening of a three-judge court pursuant to 28 U.S. C. §§ 2281 and 2284, and have moved for t...
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MEMORANDUM ORDER On November 20, 1964, Korhumel Steel & Aluminum Company, incorporated under the laws of the State of Illinois, was qualified to do business in the State of West Virginia. At this time, and at all other times relevant to this action, Korhumel was a wholly-owned subsidiary corporation of National Steel Corporation. Although qualified to do business in this State, Korhumel f...
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DECISION AND ORDER This is a civil rights action against Harold Breier, the Chief of Police of the City of Milwaukee Police Department, the four members of the Fire and Police Commission for the City of Milwaukee (hereinafter “Commission”), two named members of the Milwaukee Police Department, and unknown, unidentified members of the Department. The complaint, filed pursuant to 42 U.S.C. § 1983, ...
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389 F. Supp. 506 (1975) UNITED STATES of America, Plaintiff, v. William Allen JUTZ and Gary Wayne Praefke, Defendants. Crim. No. 74-CR-241. United States District Court, E. D. Wisconsin. March 12, 1975. Terry E. Mitchell, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff. Louis R. Jones, Milwaukee, Wis., for defendant Jutz. Dominic Frinzi, Milwaukee, Wis., for defendant Praefke. DECISION AND ORD...
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MEMORANDUM OPINION AND ORDER This is an admiralty proceeding within the jurisdiction of this Court pursuant to 28 U.S.C. § 1333. The plaintiff is a Delaware corporation with its principal place of business at Cape Girardeau, Missouri. Plaintiff was the owner of the motor vessel E. E. Smith, a steel towboat approximately 150 feet long by 34 feet wide, having twin screw diesel propulsion. Defendant,...
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MEMORANDUM OPINION AND ORDER Sections 13(a) and (b) of the Federal Trade Commission Act (the Act), 15 U. S.C. § 53(a) and (b), 1 provide that the Federal Trade Commission (the FTC) may seek a preliminary injunction restraining the dissemination of advertisements whenever the FTC has reason to believe (1) that a person, partnership, or corporation is disseminating false or misle...
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ORDER DENYING MOTIONS TO DISMISS, MOTION FOR PROTECTIVE ORDER, AND MOTION FOR DEFAULT, AND GRANTING MOTIONS TO STRIKE AFFIDAVITS This cause came on for consideration upon various motions filed by the plaintiff and defendant. Having considered the record and being fully advised in the premises, the court finds and concludes that all the motions, except those to strike portions of the affidavits, sh...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS INDICTMENT This case now pends on defendant’s motion to dismiss, filed February 21, 1975. Defendant relies primarily upon *15 this Court’s memoranda and orders dismissing the indictment in United States v. Agrusa, 392 F.Supp. 3, filed February 25, 1975. The first two parts of the government’s brief in opposition, filed March 4, 1975,...
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404 F.Supp. 1188 (1975) UNITED STATES of America, Plaintiff, v. PS HOTEL CORP. et al., Defendants. No. 73-114C(2). United States District Court, E. D. Missouri, E. D. March 11, 1975. Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., for plaintiff. Henry F. Luepke, Jr., Daniel Reardon, Jr., St. Louis, Mo., Michael M. Flavin, Clayton, Mo., for defendants. MEMORANDUM AND ORDER REGAN, District Judg...
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OPINION AND ORDER On September 20, 1973, an airplane owned and operated by Bromley Corporation crashed into a tree on takeoff from the Natchitoches, Louisiana, Municipal Airport. Several people perished as a result of the crash. Three actions arising from the incident are currently pending in two different districts, two *766in the Western District of Louisiana and one in the Northern District of ...
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OPINION The plaintiff Securities and Exchange Commission instituted this action for injunctive and other relief against nine individual and corporate defendants. As set forth in detail infra, the complaint alleges numerous violations of Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), and Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), together wi...
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MEMORANDUM ORDER Petitioner, William Delman, is presently incarcerated in the Wallkill Correctional Facility, Wallkill, New York, serving a sentence of 20 years to life imprisonment following a plea of guilty to murder in the second degree in the New York Supreme Court, Kings County. Petitioner has filed an application for a writ of habeas corpus, claiming, in essence, that he was coerced into ple...
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MEMORANDUM OF DECISION The defendant, William Johnson, having waived trial by jury, was tried by the court on an indictment charging him alone with bank robbery in two counts. 18 U.S.C. §§ 2113(a) and (d) and § 2. 1 It was stipulated as fact at the outset, in lieu of witnesses to be called by the government, that on February 29, 1972, the Kings Lafayette Bank, 650 Fulton Street, Brooklyn, New...
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MEMORANDUM and ORDER Plaintiffs began this action in the summer of 1974 while gathering petitions in connection with state and national elections. They sought injunctions against the defendants to prevent *921 enforcement of that portion of section 435-6.0 of New York City’s Administrative Code requiring a $5.00 fee for each permit to use a sound amplification device in addressing the public....
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OPINION Plaintiffs, Charlie Rich and CBS Inc., seek a preliminary injunction enjoining RCA Corporation from using the current photograph or likeness of Rich on the jacket of a recently released phonograph record 1 entitled “Charlie Rich — She Called Me Baby,” containing authentic songs recorded by Rich some ten to fourteen years ago. Plaintiffs claim that defendant’s use of Rich’s current lik...
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OPINION Plaintiff PPS, Inc. (“PPS”) claims copyright, trademark, and “dress of goods” rights in a line of “I Like You” products manufactured and sold by its licensee, Rosecraft, Inc. The line of *378 products includes costume jewelry in the shape of an apple and bearing the mark “I Like You,” and other products containing the apple and “I Like You” design. PPS alleges that th...
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MEMORANDUM OPINION AND ORDER This action is brought to enjoin alleged racial discrimination in housing prohibited by Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq. (“Fair Housing Act”) and the Civil Rights Act of 1866, 42 U.S.C. § 1982. Plaintiffs seek declaratory relief pursuant to 28 U.S.C. § 2201 and injunctive relief and damages pursuant to 42 U.S.C. §§ 1981, 1982, 3604,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for trial before the Court sitting without a jury on February 11, 1975, on plaintiff’s complaint for quiet title and defendants’ answer thereto. Based upon the admissions of the parties filed herein, the documentary evidence supporting the parties’ motions for summary judgment and the evidence and testimony adduced at trial, the Court ma...
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MEMORANDUM OPINION AND ORDER This matter is before the court on defendant David H. Hayworth’s motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Jurisdiction for the underlying action is based upon alleged violations of the federal securities laws. 1 For the reasons discussed below, the court must conclude that plaintiff’s complaint shoul...
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OPINION AND ORDER This action is brought pursuant to § 205(g) of 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 plaintiff’s claim for disability insurance benefits. Plaintiff filed an application for a period of disability and for disability insurance benefits on March 28, 1973 (Tr. 42-45), allegin...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Plaintiff filed her first application for a period of disability on June 21, 1965. It was denied on January 28, 1966. Plaintiff’s second application, filed May 19, 1969, resulted in an initial determination on June 26, 1969, finding that plaintiff was not disabled. Plaintiff did not request review of the decision. Plaintiff filed ...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS I. This case pends on defendant’s motion to dismiss the five count indictment in this case which attempts to allege violations of § 1343, Title 18, United States Code. 1 Defendant’s motion will be granted for reasons we now state. While the language of § 1343 tracks very closely with that of § 1341, Title 18, United States Code, ...
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OPINION This is an appeal by the City of New York (“the City”) from a decision of the bankruptcy judge expunging its claim against the debtor for unpaid corporation taxes in the amount of $17,789.32. Decision of the appeal turns upon the correct construction to be placed on the carryforward and carry-back loss provisions of the City’s General Corporation Tax, Administrative Code of the Ci...
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MEMORANDUM and ORDER Plaintiffs who are mortgagors seeking to represent a class of borrowers who have entered into mortgage agreements with defendant, a federal savings and loan association, allege that the mortgage contracts are usurious and request declaratory relief to that effect. Specifically plaintiffs contend that the “processing charge” they were required to pay upon entering into the mor...
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MEMORANDUM AND ORDER On November 19, 1974, James C. Worley filed an action in the Court of Common Pleas of Franklin County, Ohio, against twelve named defendants, including Emil R. George and Jellco Corporation. On November 20, 1974, Clifford Howard, who was apparently a business partner of Worley, filed an action identical to Worley’s against the same twelve defendants in the same Court ...
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MEMORANDUM Before CELEBREZZE, Circuit Judge, GREEN and CONTIE, District Judges. This is an action to enjoin, annul, and set aside the order of the Interstate Commerce Commission (hereinafter Commission) in Lake Carriers’ Association v. The New York Central Railroad Company, 343 I.C.C. 491 (1973), modified by an order of the Commission dated September 3, 1974, docket No. 34...
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OPINION This action is brought pursuant to section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare. The Secretary found that plaintiff met the alternate insured status requirement of Title II of the Social Security Act, 42 U.S.C.A. §§ 416(i)(3), 423(c), through June 30, 1968. He also found her...
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OPINION OF THE COURT This action is brought on behalf of all present and potential Forcible Entry and Detainer appellants who are or will be unable to obtain bond to perfect an appeal. It is an assault on the constitutionality of the application of those Texas Rules of Civil Procedure which regulate appeal from Justice Court decisions in Forcible Entry and Detainer (FED) actions. The appl...
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MEMORANDUM AND ORDER In this action two black United States Deputy Marshals claim they have been the victims of a conspiracy among their supervisors and colleagues to deny them equal job opportunities on account of their race. The eleven defendants, ranging all the way up the chain of command to a former Attorney General, have moved for summary judgment on several grounds. Defendants argue th...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Findings of Fact 1. At all pertinent times, plaintiffs were foreign insurance underwriters doing business in this State and District and are proper parties to bring this action. 2. At all pertinent times, defendant, Page Airmotive, Inc. (Page), was and is a corporation organized under the laws of Oklahoma doing business in this State an...
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William N. Richardson has a long and varied history before this Court and the courts of Maryland, so that a brief discussion of his judicial activity is particularly apropos. Petitioner, presently incarcerated in the Maryland House of Correction, was indicted for statutory burglary of a bar in violation of art. 27, § 33 of the Md. Ann. Code (1971 Repl. Yol.). After a plea of not guilty, he was ...
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Carter Equipment Company, Inc. as subcontractor on a public job at Prentiss, Mississippi instituted this suit on the payment bond of the prime contractor to recover the principal sum of $14,509.50 as rent earned and due on four large pieces of equipment actually used orTthis job. The plaintiff and the defendant both interpose a motion for summary judgment under Civil Rule 56. Both parties recogniz...
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MEMORANDUM AND ORDER Defendant, an Illinois physician, maintained a commodities brokerage account in New York with plaintiff. Defendant assumed an active role in the management of his commodities speculations and would give specific instructions to plaintiff’s personnel concerning trades to be executed on his behalf on the floor of the New York Mercantile Exchange, Inc. and the Commodity Exchan...
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Plaintiff, Jeannette C. McCune, was injured on an airplane owned and operated by defendant, Spantax, S.A. Transportes Aereos, a Spanish corporation, while enroute from Palma, Spain, to Madrid, Spain. Alleging that her injuries were due to turbulence, she and her husband, who accompanied her on the trip, seek recovery of damages. Plaintiffs move for summary judgment solely on the issue of liability...
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MEMORANDUM OPINION On or about February 28, 1969, plaintiff and defendant were involved in an automobile collision within the Middle District of North Carolina. On October 21, 1971, plaintiff initiated a civil action in the Superior Court of Mecklenburg County which was subsequently transferred to the Superior Court of Alleghany County. On September 25, 1973, the plaintiff took a voluntary dismis...
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ORDER Pending in this cause are two motions, the first being the motion of the plaintiff to remand the action to the state court in which it originated, and the second being the motion of the United States to quash the notice of garnishment. On this record, the facts are undisputed, and from these facts the following issues are presented for consideration. 1) Is a notice of garnishme...
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MEMORANDUM AND ORDER NO. 1807 The Trustees have filed a petition (Document No. 8001) seeking authority to enter into an agreement with Trump Enterprises, Inc. (“Trump”), a major New York residential developer, foi the development and construction of highrise housing projects on Penn Central’s 30th and 60th Street yards, located in the West Side area of Manhattan. The agreement, as amended, contemp...
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MEMORANDUM OPINION This is a civil action which comes before the court on a written stipulation of facts and briefs submitted by both parties. Jurisdiction is predicated upon 28 U.S.C. § 1346. Plaintiff seeks recovery of Federal income taxes and interest thereon that she alleges were erroneously, illegally and excessively assessed and collected from her by defendant. The stipulated facts ...
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MEMORANDUM OPINION AND ORDER This is an action pursuant to Title IV, Section 412(a) of the Federal Coal Mine Health and Safety Act of 1969, as amended, to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for black lung benefits. The sole issue to be determined by this court is whether substantial evidence exists to support the Secretary’s de...
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MEMORANDUM and ORDER On September 2, 1966, petitioner was sentenced in the United States District Court for the Northern District of California to ten years imprisonment for bank robbery. He was paroled October 22, 1971, but soon ran afoul of the law in the State of Washington. Following convictions for robbery in June of 1973 and second degree murder in January of 1974, petitioner was incarcer...
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ORDER This matter is before the Court on defendant’s motion to dismiss filed pursuant to Rule 12(b), Federal Rules of Civil Procedure. The underlying action is founded upon the alleged negligent exercise of control over plaintiff’s aircraft, causing it to collide in midair with another plane. The negligence alleged is that of employees of the Federal Aviation Administration in their alleg...
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MEMORANDUM OPINION Petitioner Moore was convicted of larceny by conversion on March 30, 1971 and sentenced to three and one-half to five years in prison. His appeal from that conviction to the Michigan Court of Appeals was denied and the Michigan Supreme Court denied him leave to appeal to that court on April 20, 1973. During this period he was free on bond. After beginning to serve his sentenc...
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This wrongful death action arose out of the tragic crash in the Florida Ever *32 glades of an Eastern Airlines jet aircraft while on a landing approach to Miami International Airport on December 29, 1972 which killed 96 of the 161 passengers, including plaintiff’s decedent. The action was initially brought in the New York state court and was removed to this court on the basis of di...
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OPINION This is an action to enjoin and set aside an order of the Interstate Commerce Commission (“Commission”) upholding a rate reduction by intervenordefendant Missouri Pacific Railroad Company (MoPac) applicable to the movement of wheat and soybeans from some fifty stations, located primarily on one MoPac line along the Arkansas River, to five Louisiana ports at Ama, Baton Rouge, Myrtl...
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MEMORANDUM AND ORDER This is a copyright infringement action, in which defendant National Broadcasting Company, Inc. (“NBC”) is alleged to have infringed plaintiff’s copyright on his script entitled “Bugsy” by their broadcast of the television movie “The Virginia Hill Story” on November 19, 1974. The allegedly infringing film had been acquired by NBC’s west coast offices from RSO Films, I...
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OPINION Claiming violations of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470 et seq., the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., Executive Order No. 11,-593, 36 Fed.Reg. 8921 (May 15, 1971) and various regulations, the plaintiffs herein seek a preliminary injunction to prevent the proposed demolition of a six-building complex known as the old W...
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OPINION The plaintiff, Consolidation Coal Company, operates several coal mines in the Western District of Pennsylvania. One of these is the Renton mine which employs members of Local Union 1993 of the United Mine Workers. The Renton mine produces high grade bituminous coal on a three-shift daily basis for five days in each week. The maintenance and repair of equipment and mine interior is performe...
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MEMORANDUM AND ORDER Defendant Stanley Williams is charged in two counts of a six-count indictment with aiding and abetting the willful misapplication of bank funds by a bank employee, in violation of 18 U.S.C. §§ 656 and 2. The defendant was tried before the Court sitting without a jury. Based on the evidence presented and the law pertaining to the charge of aiding and abetting, I find t...
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MEMORANDUM AND ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS Plaintiff Arpet, Ltd., a foreign corporation with its principal place of business at Grand Cayman, B.W.I., brought this securities fraud action against Universal Major Industries Corporation (Universal Major), a Nevada corporation, Kastle Oil & Gas Corporation (Kastle), a Pennsylvania corporation which is a wholly-owned subsidiar...
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MEMORANDUM AND ORDER Both of these cases involve alleged violations of sections 12(2) and 17(a) of the “Securities Act of 1933,” 15 U.S.C. § 77i(2) and § 77q(a); sections 10(b) and 20(a) of the “Securities Exchange Act of 1934”, 15 U.S.C. § 78j(b) and § 78t(a); and Rule 10b-5, 17 C.F.R. 240.-10b-5, adopted by the Securities and Exchange Commission under authority of sections 10(b) and 23(...
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MEMORANDUM OPINION AND ORDER The jury herein found that the defendant Wean United, Inc. (Wean) is liable to the plaintiff Miss McCoy for *497the permanent injuries and damages she suffered while using Wean’s product and awarded her damage of $40,000 therefor. See judgment herein of January 10, 1975. Wean moved timely for a judgment notwithstanding the verdict, Rule 50(b), Federal Rules of Civil Pr...
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MEMORANDUM OPINION Braniff Airways, Inc. and Texas International Airlines, Inc., have been the subjects of a lengthy investigation regarding alleged violations of the federal antitrust laws by the September 1972 Grand Jury. This investigation began on or about September 19, 1972 with the issuance of subpoenas duces tecum to a number of air carriers certified by the Civil Aeronautics Board...
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DECISION AND ORDER On September 7, 1978, plaintiff Chrysler Corporation filed a complaint against defendant Lakeshore Commercial Finance Corporation in federal court charging that defendant had wrongfully induced a third corporation, Adamatic, Inc., not a party to the instant action, to breach its contract with plaintiff. Defendant responded to the complaint on September 13, 1973, by fili...
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DECISION OF THE COURT This is an appeal from a ruling of the Bankruptcy Referee disallowing appellant’s claim to a security interest in certain personal property and ordering that appellant’s claim be treated; as an unsecured obligation. The Trustee now moves the Court to dismiss the appeal on the ground that appellant has failed to designate the record and issues on appeal as required by Rule 806...
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MEMORANDUM AND ORDER The defendant Western Air Lines, Inc. (Western) has moved this Court for an Order dismissing this antitrust action on the grounds that the subject matter is exclusively within the jurisdiction of the Civil Aeronautics Board (CAB). Alternatively, defendant moves that this Court stay all proceedings pending a referral of the issues in this suit to the CAB for adjudicati...
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MEMORANDUM OPINION This diversity-based action seeking damages for wrongful death was brought by Mack Boyd Cummings, husband of the decedent, Mary Cummings, and a citizen of Tennessee, on behalf of himself and all of the decedent’s statutory heirs. The defendants are Major Cowan, Sr. and Major Cowan, Jr., who are Mississippi citizens. Additionally, Tennessee Farmer’s Mutual Insurance Comp...
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This matter comes before the Court on defendant’s motion to dismiss [Filing #3]. Due to the complex issues involved, a full recitation of the facts is necessary. Dr. and Mrs. Jose O. Vergara (“Plaintiffs”) are citizens of the United States and residents of Omaha, Nebraska. In June, 1973, they contacted Nancy O’Leary, an employee of Bock Omaha Travel Agency, Inc. (“Bock”) and requested assi...
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*657 OPINION Perhaps, for the first time in the history of the New Jersey State Legislature, a federal court is asked to decide whether a political caucus may exclude one of its members for her critical public statements without violating the First and Fourteenth Amendments to the Federal Constitution. Thus, on this application for a preliminary injunction enjoining the defendants from deny...
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OPINION This case is currently before the court on cross motions for summary judgment. Plaintiffs essentially allege that the court has subject matter competence over the claims raised because they arise from violations of the margin requirements (§ 7) and antifraud (§ 10) sections of the Securities Exchange Act and from violations of rules and regulations promulgated thereunder, includin...
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MEMORANDUM OPINION and ORDER This is a Motion to Vacate Sentence pursuant to Title 28, United States Code, Section 2255. The prisoner petitioner, Murray Eugene Love, presently incarcerated in the United States Penitentiary, Atlanta, Georgia, claims that he is being detained in violation of his rights under the Constitution of the United States. The petitioner asks that this Court set aside his ...
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ORDER GRANTING SUMMARY JUDGMENT Plaintiff Beights received personal injuries while using a product known as Lub-adhesive. As he was covered by the Oklahoma Workmen’s Compensation Law at the time of the accident he received certain payments and benefits from Plaintiff United States Fidelity and Guaranty Company (USF&G), the compensation carrier. As Plaintiffs herein they have sued Defendants W. R....
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MEMORANDUM AND ORDER Plaintiffs in both of the above captioned actions have moved for a preliminary injunction enjoining defendants “from appointing, seating or training any applicants to the State Police Academy or otherwise hiring any personnel for the State Police as police officers and from promoting any persons within said organization”, pending the final hearing and determination of...
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MEMORANDUM AND ORDER This matter comes before the Court on petitioners’ motion for leave to intervene pursuant to Rules 24(a)' and 24(b) of the Federal Rules of Civil Procedure. The petitioners are the Fire Officers Union of the City of Philadelphia and individual firemen and officers in the Philadelphia Fire Department who have taken and passed the required examination for promotions within the ...
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OPINION AND ORDER On July 1, 1972 the plaintiffs, citizens of Pennsylvania, and the defendant, a Delaware corporation with its principal place of business in New Jersey, entered into an “Agency Agreement,” a copy of which is attached to the complaint and designated as Exhibit A. 1 The defendant was in the business of transporting automobiles from one point to another within the continental ...
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MEMORANDUM OPINION This action was filed by the United States against the defendant, Russell Melenyzer, d/b/a Melenyzer’s Dairy pursuant to § 8a(6) of the Agricultural Adjustment Act of 1937, as amended 7 U. S.C. § 608a(6), for enforcement of the Act and Order No. 36, 7 C.F.R. 1036, issued pursuant to the Act.1 The plaintiff alleges that the defendant, doing business within the jurisdiction of thi...
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*174' MEMORANDUM This is an action under Section 205(g), 42 U.S.C. § 405(g), of the Social Security Act to review a final decision made by the Secretary of Health, Education and Welfare that plaintiff, Pless Seiber, is not entitled to a period of disability or disability benefits. More specifically, the Hearing Examiner in this case concluded that “(c)laimant was not under a disability as defined ...
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OPINION The plaintiff, Mrs. Bonnie L. Miller, asks the Court to review a final decision by the Secretary of Health, Education and Welfare which denied her claim for a period of disability (disability freeze) and for monthly disability insurance benefits under the Social Security Act, 42 U.S.C. § 423, as amended. The plaintiff filed an application for a period of disability and for disability insur...
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MEMORANDUM On December 6, 1971, plaintiffs, Susan Paxman and Leslie Gough, instituted this class action, pursuant to 42 U.S. C. § 1983 and Rule 65(b) of the Federal Rules of Civil Procedure, on behalf of all pregnant teachers in Virginia against the members of all city and county school boards having allegedly discriminatory maternity leave policies which require pregnant teachers to leav...
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MEMORANDUM Plaintiff petitioner brings this civil rights action seeking monetary compen*1243sation for time served under a prior void conviction and praying that the time which he served under the prior void conviction be credited to a subsequent unrelated conviction. Defendant is the Superintendent of the Virginia State Penitentiary. The claim for monetary compensation arises under 42 U.S. C. § 1...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION FOR SUMMARY JUDGMENT FILED BY THE TRAVELERS INDEMNITY COMPANY The motion for summary judgment filed herein by The Travelers Indemnity Company coming on to be heard and the Court having heard from counsel and considered the matter enters the following findings of fact and conclusions of law: FINDINGS OF FACT 1. On or about July 9,...
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MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO SET ASIDE THE JUDGMENT UPON THE GROUND OF NEWLY DISCOVERED EVIDENCE Defendants were charged in a nine-count indictment filed on October 30, 1970 with substantive and conspiracy violations of the interstate gambling laws. Pre-trial motions pursuant to 18 U.S.C. § 2518(10)(a) (1970) were filed to suppress the evidence obtained by the intercept...
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412 F. Supp. 243 (1975) Unise GAMBLING, Plaintiff, v. George CORNISH et al., Defendants. No. 74 C 3495. United States District Court, N. D. Illinois, E. D. March 4, 1975. Robert C. Howard, Chicago, Ill., for plaintiff. William R. Quinlan, Corp. Counsel, Kenneth J. Cortesi, Asst. Corp. Counsel, George Howard, Chicago, Ill., for defendants. MEMORANDUM OF DECISION LYNCH, District Judge. Plaintiff h...
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We write today yet another chapter in what is undoubtedly one of the most bizarre episodes in American political and legal history. The matter before the Court arises out of the well publicized investigation conducted by then District Attorney of Orleans Parish, Jim Garrison, concerning the assassination of President John F. Kennedy on November 22, 1963. The instant case is a civil action ...
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389 F. Supp. 794 (1975) NATICK PAPERBOARD CORP. et al. v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al. Civ. A. No. 73-2988-C. United States District Court, D. Massachusetts. March 4, 1975. *795 Roche, Carens & deGiacomo, Boston, Mass., Endicott Peabody, Robert F. deGiacomo, Washington, D.C., for plaintiffs. James N. Gabriel, U.S. Atty., William A. Brown, Asst. U. S...
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Plaintiffs Robert G. Morris, Israel Patents Corporation and Patents Management Corporation, calling themselves the “Protective Committee of 4% Convertible Subordinated Debentures of Interstate Department Stores, Inc.,” bring this action on behalf of themselves and all others similarly situated (“the bondholders”). The complaint alleges that the several defendants violated provisions of the Trus...
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OPINION Plaintiffs, Marjorie and Robert Abrahamson, are former limited partners of defendant Fleschner Becker Associates (“FBA”), an investment partnership. In addition to suing the limited partnership, plaintiffs also bring this action against three general partners of FBA and the firm of certified public accountants which audited the books of FBA for the fiscal years 1966, 1967, and 196...
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Plaintiff, a New York state policeman holding the rank of trooper, commenced this action under 28 U.S.C. §§ 1331(a) and 1343(3) alleging the unconstitutionality of the regulation setting standards for state police personal grooming, Section 4.18 of Part III of the New York State Police Manual. 1 After this court granted plaintiff's motion for the convening of a three-judge court, Rom...
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MEMORANDUM AND ORDER This is a motion, brought on by an Order to Show Cause, for (a) an order pursuant to Rule 64, Fed.R.Civ.P. vacating an ex parte order of attachment granted to plaintiff by the Supreme Court, Nassau County, and any levy thereunder; and (b) an order pursuant to 28 U.S.C. § 1404(a) transferring this action to the United States District Court, Eastern District ...
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MEMORANDUM and ORDER OF DISMISSAL The Plaintiffs seek a judgment declaring unconstitutional the statutory authority for the North Dakota State Banking Board, N.D.C.C. §§ 6-01-01, -03-, -09 (1959 and Supp.1973), or the exercise of that authority by the Board, and permanently enjoining the Board from enforcing any actions taken pursuant to this authority. The Plaintiff, First American Bank & Trust C...
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OPINION Plaintiff mortgagors challenge the practice whereby defendant savings and loan associations and building and loan associations charge monthly interest on mortgage loans at the beginning of each monthly period. This challenge is based on alleged violations of the Consumer Credit Protection Act, “Truth-in-Lending,” 15 U.S.C. § 1601 et seq. (Count I), and the Sherman Act, 15 U.S.C. §§ 1, 2 (...
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Petitioner, James Vincent Talerico, presently an inmate at the United States Penitentiary, Lewisburg, Pennsylvania, filed a petition for a writ of habeas corpus in which he alleges that the United States Board of Parole has denied him his release on parole unlawfully. A rule to show cause why the relief requested should not be granted was issued, and a response was filed. Petitioner submitted a t...
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*674 MEMORANDUM OPINION This is a third-party action for contractual indemnity brought by Amoco Production Company against Dresser Engineering Company of Oklahoma. Amoco seeks to recover $71,275.20 which it paid in settlement of the claim of the plaintiff, Joel B. Richmond, plus attorneys’ fees, court costs and expenses in the amount of $7,448.79 that were incurred in defending t...
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MEMORANDUM Petitioner, William Bart Hamilton, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court convictions upon three felony in *1071 dictments for the distribution of marijuana by the Hustings Court for the City of Richmond (now the Circuit Court for the City of Richmond, Division I) on the ground that the delay between the dates of the offenses charged...
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DECISION and ORDER MYRON L. GORDON, District Judge. This matter is before me on the parties’ cross-motions for summary judgment. Citing Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), and Steele v. Gray, 64 Wis.2d 422, 219 N.W.2d 312, 223 N.W.2d 614 (1974), the plaintiff challenges certain 1971 prison disciplinary proceedings on due process grounds. The parties have stipula...
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DECISION and ORDER Kurt Stevenson has filed an amended petition for a writ of habeas corpus, attacking the validity of two state court convictions. I conclude that the petition should be denied. This matter is before me on the pleadings, the briefs of counsel, certain documents and affidavits, and the transcripts of the petitioner’s trial for the sale of heroin (case no. H-953) and of the petitio...
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MEMORANDUM This enforcement action commenced by the Securities and Exchange Commission alleges violations of Section 17(a) of the Securities Act of 1933, 15 U.S.C. 77q(a), Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5, growing from the offer and sale of $4,425,000 in City of Covington Health Care Revenue Bonds. The complaint se...
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391 F.Supp. 761 (1975) Michael JAHNS, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant. No. 74-771C (2). United States District Court, E. D. Missouri, E. D. March 3, 1975. *762 Stuart Cofman, Cofman, Nissenholtz & Weinstein, St. Louis, Mo., for plaintiff. R. W. Yost, St. Louis, Mo., for defendant. MEMORANDUM REGAN, District Judge. This matter is before the Court on motion of defend...
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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. This litigation consists of two actions, one in the District of Massachusetts and the other in the Eastern District of Virginia, challenging certain weight standards promulgated by Ea...
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The plaintiff seeks preliminary relief removing defendant Heller as trustee and administrator of two local union welfare trust funds and enjoining him from receiving any salary or remunerations from the two funds during the pendency of this action. Plaintiff’s application to remove defendant Heller as trustee will be denied at this time, but the defendant will be enjoined from taking any salary o...
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MEMORANDUM OF DECISION This is an action for the refund of Federal Income Taxes in the amount of $9,971.00 paid for the fiscal year ended December 31, 1966. In its amended answer, the defendant sets forth an offset defense. It is the conclusion of this court that the defendant’s offset defense is invalid and, therefore, the plaintiffs are entitled to judgment for the amount of the refund. For the ...
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MEMORANDUM OPINION This is an action for money damages for the defendants’ allegedly depriving the plaintiff of his federal constitutional right to due process and the equal protection of the laws, Constitution, Fourteenth Amendment, and to be free from unlawful seizure, Constitution, Fourth Amendment. 42 U.S.C. § 1983. The Court- has jurisdiction under 28 U.S.C. § 1343(3). Trial was to the Cou...
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MEMORANDUM OPINION AND JUDGMENT I BACKGROUND FACTS A court trial in this matter was held before me on February 19, 1975. Plaintiffs, joint owners of Plot No. 36 of Estate St. John, St. Croix, brought this action to determine adverse claims to a road running from the northwestern to the northeastern corner of their property. In June, 1972, defendant Government of the Virgin Islands, through the Dep...
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DECISION and ORDER This is an action by Elm Grove Savings and Loan Association against the Federal Home Loan Bank Board, and its individual members, to set aside board resolution No. 72-116, dated January 27, 1972. The resolution authorized Milwaukee Federal Savings and Loan Association to establish and maintain a branch office at or near the Brookfield Square Shopping Center. The de...
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ORDER DENYING MOTION FOR DISMISSAL This qause came on for consideration upon the motion of the United States to dismiss the indictment of defendants Sole, Rinaldi and Washington pursuant to F.R.Cr.P. 48(a). The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be denied. This case was remanded by the Fifth Circuit Court of Appe...
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MEMORANDUM DECISION This case was tried at Pocatello, Idaho, by the Court, sitting without a jury. Plaintiffs were represented by T. H. *964Eberle and Dale G. Higer of the law firm of Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, of Boise, Idaho; defendants were represented by Mikel H. Williams and Dan Dennis, Assistant United States Attorneys, of Boise, Idaho. Oral and documentary evid...
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Plaintiffs in this case, husband and wife, have instituted this pro se suit, seeking to restrain the two banks, as defendants, from honoring summonses directed to them by the Internal Revenue Service, requiring the production of documents and information pertaining to the plaintiffs. The provisions of the summonses which are set forth in footnote 1 below are quite broad. 1 The Intern...
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OPINION Our judgment in Norton v. Weinberger, 364 F.Supp. 1117 (D.Md.1973) 1 was vacated and the ease remanded by the Supreme Court for reconsideration in light of Jimenez v. Weinberger, 417 U.S. 628, 94 S.Ct. 2496, 41 L.Ed.2d 363 (1974). Upon reconsideration, aided by the briefs and arguments of counsel, we are persuaded that Jimenez neither compels nor justifies any change in our earlier opinio...
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ORDER ON MOTION TO DISMISS Plaintiff is a harness driver of Italian national origin. He brings suit against New Hampshire Racing Commission (Commission) and New Hampshire Trotting and Breeding Association, Inc. (Association) alleging that the defendants interfered with his employment opportunities by discriminating against him because of his national origin, in violation of Title VII of t...
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*1359OPINION This suit attacks the constitutionality of the recently enacted New York Statute, Chapter 119 of the Laws of 1974,1 which requires mortgage lending institutions to pay interest on mortgage “escrow” accounts. The complaint requests the convening of a three-judge court pursuant to 28 U.S.C. §§ 2281 and 2284, preliminary and permanent injunctive relief enjoining enforcement of Chapter 1...
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MEMORANDUM DECISION On the instant motion the defendant, Stumm Handel GmbH, seeks the dismissal of this diversity action (originally commenced in the New York Supreme Court, New York County) upon the ground that the contract now in dispute between the parties contains a forum selection clause requiring the litigation of this dispute in the courts of West Germany. This forum selection clau...
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OPINION This matter involves two related appeals by plaintiff-appellant, May McCormack (“McCormack”) from adverse rulings by the bankruptcy judge in favor of the trustee in bankruptcy of Orbitec Corporation, and an “independent action” in the district court seeking relief from one of the adverse determinations. Orbitec Corporation was adjudicated a bankrupt on an involuntary peti*635tion in bankru...
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*667 OPINION I. Introduction This is an accounting action to assess damages against Penn Ventilator Company, Inc. (hereinafter “Penn”), for Penn’s infringement of Jenn-Air Corporation’s (hereinafter “Jenn-Air”) U. S. Patent No. 2,548,607 claiming a centrifugal sidewall exhauster; U. S. Patent No. 3,110,357 claiming the combination of a roof exhauster and sound control curb having a single...
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OPINION This criminal action is brought under 33 U.S.C.A. § 1321(b)(5), a subsection of the Federal Water Pollution Control Act of 1972. Section 1321(b)(5) provides in relevant part: “Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of...
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*1083 MEMORANDUM OPINION This action arises out of the alleged unlawful arrest and detention of Alice and Bill Lamb by Hardin County Deputy Sheriffs Jesse Cartwright and Don Merrill. Jurisdiction of this action is pursuant to the Civil Rights Act; more specifically Title 42 U.S.C. §§ 1983, 1985 and Title 28 U.S.C. § 1343. Alice and Bill Lamb were the proprietors of the Torch Lounge in Hardi...
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MEMORANDUM AND ORDER By this action Plaintiff contests the constitutionality of 15 U.S.C. § 78o(b) (7) which authorizes the Securities and Exchange Commission (hereinafter S.E.C.) to take remedial action against persons who are found to be in violation of certain provisions of the Securities and Exchange Act of 1934, 15 U.S.C. § 78a et seq. Plaintiff seeks to enjoin immediately and permanently an...
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OPINION AND ORDER Allen M. Tatman, a state prisoner and the petitioner in this habeas corpus pro *69 ceeding, was convicted by a jury on October 5, 1972 in the Superior Court of the State of Delaware for having sold a narcotic drug (heroin) in violation of 16 Del.C. § 4725. Thereafter, he was sentenced to a fifteen year term of imprisonment and a suspended fine of $1,000. His conviction was a...
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MEMORANDUM AND ORDER Plaintiff William Presser brings his action for a declaratory judgment. He asks this court to adjudge . that Section 411 of the Pension Reform Act [Employment Retirement Income Security Act] requires a hearing before the United States Parole Board prior to that Act’s retroactive application to the plaintiff Plaintiff states that he does this to prevent irrep...
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*239 MEMORANDUM OPINION AND ORDER ADJUDGING MOTION TO DISQUALIFY INSUFFICIENT These cases arise out of a controversy between Governor David Hall of Oklahoma and his wife, Jo Evans Hall, and Clyde L. Bickerstaff, Oklahoma District Director, Internal Revenue Service, William R. Burkett, United States Attorney for the Western District of Oklahoma, and Dorothy Pike, former personal s...
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MEMORANDUM DECISION Pursuant to a remand by the Court of Appeals for the Sixth Circuit this Court conducted an evidentiary hearing in this habeas corpus case. Ray v. Rose, Warden, 491 F.2d 285 (C.A. 6, 1974). The hearing lasted .eight days, during which 165 exhibits were offered. Prior to the evidentiary hearing the Court conducted a preliminary hearing and entered an Order on June 24, 1974, wh...
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MEMORANDUM DECISION Before this Court are cross-motions for summary judgment. Plaintiff seeks to recover taxes collected by defendants on its Oakland warehouse inventory, consisting entirely of goods manufactured outside the United States and imported by plaintiff as finished items for sale to the American consumer. The sales occurred only through plaintiff’s retail stores, not throu...
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On January 8, 1975, plaintiff filed suit against the Clerk of this court, contending that he had improperly refused to accept plaintiff’s petition for a writ of habeas corpus. Plaintiff seeks an injunction against the enforcement of the local court rule by dint of which the Clerk rejected his petition. The relevant facts are as follows. 1. Local Rule 19 (a) 1 of this court requires that all habeas...
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MEMORANDUM AND ORDER Plaintiffs are fifteen patrol boat captains and engineers employed by the United States Army to patrol the water areas in the vicinity of the Aberdeen Proving Ground, Maryland. They have brought this action, claiming that they are entitled to pay for 8% hours per day (rather than 8 hours) since they are required to be alert and on duty even on their lunch half-hour. Plaintiff...
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MEMORANDUM AND ORDER Plaintiff, a former chief warrant officer in the Army, brought this action against the Secretary of the Army for declaratory and injunctive relief. The suit arises out of a 1971 court-martial conviction in which plaintiff was found guilty of “wrongfully fraternizing” in violation of Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934 (1970), and fined a tot...
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STATEMENT OF THE CASE Plaintiff taxpayers brought suit against the United States to recover income taxes (and interest thereon) assessed against and collected from them with reference to the tax years 1967 and 1968. Plaintiffs’ right to the refund sought in this ease depends upon the resolution of several novel and complex issues concerning the validity of income tax deductions claimed by The...
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MEMORANDUM AND ORDER Plaintiff, on November 8, 1974, filed a motion pursuant to Rule 37, Federal Rules of Civil Procedure, for an order compelling defendant to answer certain interrogatories served on February 12, 1974, and to produce a witness pursuant to notice of taking deposition served on August 3, 1974. Plaintiff’s motion also requests that the court order defendant to pay plaintiff’s rea...
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Our function in this diversity case is to determine applicable Louisiana products liability law. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Broadly, the questions include (1) whether Louisiana has adopted strict liability as defined by the Restatement of Torts, 402A and/or has devised its own concept of strict products liability under the civilian principles of ...
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390 F.Supp. 501 (1975) Percy H. GREEN, Plaintiff, v. McDONNELL DOUGLAS CORPORATION, Defendant. No. 68 C 187(1). United States District Court, E. D. Missouri, E. D. February 26, 1975. Charles R. Oldham, St. Louis, Mo., for plaintiff. Veryl L. Riddle, Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., E. E. O. C., amicus curiae, David R. Cashdan, Atty., Washington, D. C., for...
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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. This litigation presently consists of five actions that have been commenced in three districts: two in the District of the District of Columbia; two in the Southern District of Mississippi;1 and *775...
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MEMORANDUM AND ORDER On May 11, 1972, Guy B. Osborn filed his petition in bankruptcy in this Court and was thereupon adjudicated a bankrupt. The trustee in bankruptcy appeals from an order by Honorable Leon J. Marketos, Bankruptcy Judge, entered March 29, 1973 denying his application for an order directing Red Creek National Bank of Red Creek, New York (“the Bank”) to turn over to the ban...
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What follows could aptly be described as a tale of two banks. The essential issue before me is whether New York State Police officers acted without probable cause is effecting the arrest of the three defendants without warrants. The defendants have moved to suppress certain physical evidence seized at the time of their arrests, Rule 41, Fed.R.Cr.P. A hearing was held on February 21, 1975, at whic...
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MEMORANDUM AND ORDER This is an action to quiet title, which was removed from the Supreme Court, Kings County, under 28 U.S.C. § 1444. Plaintiff has moved for summary judgment. The Complaint Plaintiff asserts in their complaint that 266 Siegel Street Realty Corporation acquired title to a lot 100 feet by 28.5 feet on Siegel Street, Brooklyn, on December 5, 1960; and that it d...
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OPINION Plaintiffs move for (1) an order pursuant to Rule 15(a), Fed.R.Civ.P., amending the complaint; (2) a determination under Rule 23(c), Fed.R.Civ. P., that this is a class action; and (3) an order pursuant to Rule 37, Fed.R. Civ.P., compelling defendant to produce certain documents. Defendant moves, pursuant to Rule 12(c), Fed.R.Civ.P., for judgment on the pleadings. The complaint alleges th...
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OPINION AND ORDER The Gulf Oil Corporation filed its Complaint seeking a declaratory judgment and injunctive relief as to certain actions of the Defendants taken under the Emergency Petroleum Allocation Act of 1973 (EPAA), Public Law No. 93-159, 15 U.S.C. § 751 et seq. Under a cost equalization program of the Federal Energy Administration (FEA) there were promulgated regulations requiring the p...
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*555 MEMORANDUM AND ORDER Plaintiffs bring this action to secure rights to due process notice and a hearing before benefits received pursuant to Title XVI of the Social Security Act (Supplemental Security Income Program) are reduced, suspended, or terminated. On July 10, 1974, this Court upon finding that the plaintiffs’ complaint raised serious constitutional questions, enjoined...
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ORDER DENYING MOTION TO DISMISS COUNT III OF THE SECOND AMENDED COMPLAINT This cause comes before the Court on defendant’s motion to dismiss Count III of plaintiff’s complaint on the ground that the doctrine of strict liability in tort has not been adopted in Florida. Although Count III is entitled strict liability in tort, it is clear that plaintiff has alleged a claim for Florida’s breach of im...
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ORDER AND MEMORANDUM OPINION This case came before the Court with respect to the city defendants’ motion to modify injunction and/or motion for relief from judgment or order, filed herein February 6,1975. The parties have stipulated that a ruling on points 8 and 9 regarding guard control and visitation can be deferred pending submission by the city defendants of a report with respect to the D...
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MEMORANDUM OPINION The complaint in this case was filed by Gaylin W. Gotschall seeking judicial review of a denial by the Secretary of Health, Education and Welfare of the plaintiff’s application' for a period of disability and disability insurance benefits as provided in 42 U.S.C. §§ 416(i) and 423. A hearing was held by the administrative law judge, who concluded that the initial denial of benef...
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MEMORANDUM This matter comes before the Court for decision subsequent to a trial to the Court on the merits which was held on October 7 and 8, 1974. Plaintiff claims patent infringement, trademark infringement, and unfair competition arising out of defendant’s unauthorized manufacture and sale of fishing bobbers closely resembling those manufactured by the plaintiff. The defendant, by ans...
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OPINION The petitioner, a state prisoner presently incarcerated in the Auburn Correctional Facility, makes application pursuant to Title 28, United States Code, Sec*385tion 2254, for a writ of habeas corpus in order to secure a new trial, or, in the alternative, an evidentiary hearing, relating to the involuntary nature of his plea of guilty to the crimes of rape in the first degree and robbery in...
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*1090 OPINION AND ORDER The United States of America (hereinafter “United States”), Chemical Bank New York Trust Company (hereinafter “Chemical Bank”), Benedict Ginsberg (hereinafter “Ginsberg” and the Sociedad Anónima de Inversiones Comerciales e Industriales (hereinafter “SAICI”) have each moved for summary judgment in this tax proceeding. 1 The United States, as pla...
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MEMORANDUM The parties in this civil antitrust action plan to serve subpoenas on certain non-parties. Though the parties acknowledge that neither has standing to object to the proposed subpoena of the other, they have conducted negotiations directed toward limiting the scope of the subpoenas in an effort to reduce the burdens which enforcement of these subpoenas might impose on all those concerned...
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MEMORANDUM DECISION AND ORDER The defendant, American Cyanamid Company, seeks the entry of a stay of this action, which arises under our diversity of citizenship jurisdiction, pending the presentation and determination of a “simultaneously” commenced action involving the same facts and state law issues in the New York Supreme Court, New York County. As the Court finds that the interests o...
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Plaintiffs, individuals residing in the Manhattan community of Chelsea and organizations representing different segments of the Chelsea community, move for an order pursuant to Rule 65, Fed.R.Civ.P., granting a preliminary injunction enjoining defendants, United States Postal Service and E. T. Klassen, from proceeding with the construction of a Vehicle Maintenance Facility (“VMF”) locatéd in th...
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*486 MEMORANDUM AND ORDER This cause came to be heard upon various motions for summary judgment by all parties and also upon a motion of plaintiff to compel discovery. The ease involves a claim by the plaintiff for damages, rescission, imposition of a constructive trust and punitive damages arising out of the sale of securities of a close corporation. Plaintiff is the execut...
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ORDER This is a proceeding for writ of ha-beas corpus by a state prisoner who challenges the validity of the judgment and sentence of the District Court of Muskogee County, Oklahoma, in Case No. CRF-71-134. The respondents by and through the Attorney General of the State of Oklahoma have filed the Response requested by the court and submitted in support thereof the original record and transcrip...
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OPINION This action is presently before the court to consider the parties’ cross-motions for summary judgment. The action was originally filed in 1972 to seek review under 42 U.S.C. § 405(g) of the final decision of the Secretary of the Department of Health, Education and Welfare (hereinafter “Secretary”) denying plaintiffs surviving child's benefits under the Social Security Act as the c...
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OPINION This matter is presently before the Court to consider defendants’ motions to dismiss or, in the alternative, to stay the action pending state court interpretation of R.I.G.L. § 25-1-6 (1956, 1968 reenactment). For purposes of these motions, all well-pleaded and material allegations in the Complaint are taken to be true. 5 Wright & Miller, Federal Practice and Procedure: Civil § 13...
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OPINION This is a class action wherein the named plaintiffs, inmates at the Rhode Island State Adult Correctional Institutions (hereinafter the “A.C.I.”), seek declaratory and injunctive relief to redress alleged violations of their constitutional rights by the defendants. 1 Additionally, the plaintiffs seek, on behalf of— “. . . all adult persons incarcerated in the State of Rhode Island a...
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MEMORANDUM DECISION Plaintiff corporations, which own and operate outdoor motion picture theatres in the Tidewater area of Virginia, instituted this action pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15, and 28 U.S.C. §§ 1331(a), 1332 and 1337, 1 alleging that the defendants, motion picture distributing corporations and their agents, had violated the federal antitrust...
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MEMORANDUM OPINION This clause, in which a District Court of three Judges has been empaneled, is now before the Court on the motion of plaintiff for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. I. Plaintiff is an adult citizen of Pulaski County, Arkansas; defendant is the County Clerk and ex officio Permanent Voter Registrar of Pulaski County. Pl...
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ORDER GRANTING DEFENDANTS’ MOTION TO DECERTIFY CLASS This is an antitrust class action charging Defendants with conspiring to fix the rate of commission charged by real estate brokers for the sale of residential property in the county of Marin. The action was conditionally certified as a class action by order of the Court filed April 10, 1972. On June 22, 1972, the Court issued an order which rev...
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The original action in the above-entitled case was filed by plaintiff in the District of Connecticut on June 16, 1971, file No. B-313. On April 7, 1972, plaintiff instituted an action against the same named defendants in the Eastern District of Pennsylvania, file No. 72-697. Later, pursuant to a motion by defendant Penn Central Transportation Co., the Pennsylvania action was transferred to the ...
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MEMORANDUM OF DECISION This ease is a multi-pronged attack upon the administration of the Food Stamp program in the state of Connecticut. At ■ stake is the very ability of thousands of low-income households in this state to obtain for themselves the means for affording a nutritiously adequate diet. As both the cost of food and the rate of unemployment climb during the depression we are su...
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In this case, the Captain of the M/V BARBARA H (owned by Getco and hereafter called the Getco ship) claims that he was injured when his vessel collided with the M/V DISPATCHER (under bare-boat charter to Burnside Terminal Co. and hereafter called the Burnside vessel). The Captain filed suit for personal injuries against Burnside only; Burnside then impleaded Getco by third-party complaint. Getc...
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MEMORANDUM and ORDER The discovery issue now presented is another example of the tension between the needs of news reporters in protecting confidential sources and of the public in providing effective justice. For the reasons indicated below, under the special circumstances now presented, we find the cost of requiring disclosure overbalances the speculative losses to a just determination of the f...
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OPINION This prosecution charges defendants with crimes under the counterfeiting statutes and conspiracy to violate the same. 18 U.S.C. §§ 472, 473, 474, and 371. The attorney who presented the case to the Grand Jury was Edward J. Levitt, a special attorney with the Organized Crime and Racketeering Section of the Criminal Division, United States Department of Justice (the “Strike Force”)'. De...
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This is a motion in a purported class action for a preliminary injunction to stay the enforcement, operation and execution of New York State Department of Social Services Regulation, 18 N.Y.C. R.R. § 358.8(a)(1) (i). Plaintiffs also move to convene a three-judge court to rule on the constitutionality of the regulation. Section 358.8(a) requires that recipients of public assistance be sent timel...
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MEMORANDUM Defendants Louis Nizer (“Nizer”) and Doubleday & Company, Inc. (“Doubleday”) move pursuant to F.R.Civ.P. 56 for summary judgment dismissing plaintiff Virginia Gardner’s complaint on the ground there is no genuine issue as to any material fact. Plaintiff, author of the book The Rosenberg Story (“plaintiff’s book”), a biographical study of Julius and Ethel Rosenbe...
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ORDER Counsel for the plaintiffs have requested the court to allow fees for their services from September, 1968, when the case was re-opened, to the present time. In Bradley v. School Board of Richmond, 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974), the Supreme Court held that, without the previously required finding of “bad faith” or “obdurate obstinacy” on the part of defendants, reasonable...
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OPINION AND ORDER This is an action under § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Secretary of Health, Education and Welfare (“HEW”) 1 That decision denied the plaintiff’s application for a period of disability and for disability insurance benefits based on the finding that the applicant had failed to establish th...
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OPINION This is a diversity action removed by the defendants from the Court of Common Pleas of Allegheny County. The plaintiff Gavlik Construction Company (Gavlik) alleges that it performed certain construction work for the defendant pursuant to several subcontract agreements, but that it has not been paid. The defendant H. F. Campbell Company (Campbell), the general contractor, has joine...
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DECISION AND ORDER This matter is before me on the parties’ cross-motions for summary judgment. The plaintiff brought this action pursuant to 42 U.S.C. § 405(a), to obtain judicial review of a final decision of the secretary of health, education and welfare, terminating his entitlement to disability insurance benefits. The plaintiff is 50 years old, has a minimal education and is functionally illi...
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MEMORANDUM OPINION These two voluntary bankruptcy cases are now before the Court on appeal by Capital Typewriter Company, Inc. of Little Rock, Arkansas, from an order of the Bankruptcy Judge to the effect that the Trustee in Bankruptcy, rather than Capital, is the owner of a certain Smith Corona typewriter which the bankrupts acquired from Capital in 1972 for use in connection with their business...
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MEMORANDUM OF DECISION AND ORDER On November 14, 1974, plaintiff Rancho Palos Verdes Corporation filed an action for injunctive relief and/or damages under 42 U.S.C. §§ 1983, 1985 in this Court. Plaintiff charges the City of Laguna Beach, California, the members of the City Council and Planning Commission of Laguna Beach in their official and individual capacities, and other named private indiv...
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MEMORANDUM AND ORDER DENYING MOTION TO STRIKE VALUATION TESTIMONY OF MESSRS. TURNQUIST, MOORE, AND AMOS, ETC. This matter arises out of proceedings to reorganize Equity Funding Corporation of America under Chapter X of the Bankruptcy Act. 11 U.S.C. §§ 501-676 (West 1970). The proposed plan of reorganization filed by the Trustee on October 24, 1974, pursuant to Section 169 of the Bankruptc...
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MEMORANDUM OPINION Background In 1971 the United States government embarked upon a development program for a landing system for airplanes intended to meet a combination of military and civil requirements. The program, to be completed within a five-year span, is designed to produce a microwave landing system which meets or exceeds a series of operational requirements and which may gain worldwide...
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ORDER Petitioner, a prisoner incarcerated in the Atlanta federal penitentiary, seeks a declaratory judgment with respect to the action of federal parole authorities in denying his application for parole, allegedly due to their consideration of alleged prior constitutionally invalid convictions appearing on his record. Petitioner filed a previous action pursuant to 28 U.S.C. § 2255 to have his c...
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HENDERSON, District Judge. This is a civil action for statutory damages and attorney’s fees for alleged violations of the Truth in Lending Act (hereinafter referred to as the “Act”), 15 U.S.C. § 1601 et seq. and the regulations promulgated pursuant thereto, 12 C.F.R. § 226.1 et seq., commonly known as Regulation “Z”. Jurisdiction arises under 15 U.S.C. § 1640(e) and 28 U.S.C. § 1337. Pursu...
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389 F. Supp. 538 (1975) D'LO ROYALTIES, INC., Plaintiff, v. SHELL OIL COMPANY, Defendant. Civ. A. No. 72J-35(R). United States District Court, S. D. Mississippi, Jackson Division. February 21, 1975. *539 Kenneth Franks, Jackson, Miss., and Robert H. McFarland, Bay Springs, Miss., for plaintiff. William F. Goodman, Jr., Jackson, Miss., for defendant. OPINION OF THE COURT DAN M. RUSSELL, Jr., Chie...
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MEMORANDUM AND ORDER This is an action for damages sustained by the S/T Eagle Voyager as a result of a collision with the S/T Manhattan. In July, 1972 plaintiff and defendant Commodity Credit Corporation 1 entered *1245 into a voyage charter party whereby plaintiff agreed to let and defendant agreed to hire the S/T Eagle Voyager for a voyage from Gulf ports to...
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OPINION AND ORDER Plaintiff Mark Charron, a songwriter, has alleged, among other things, that he is owed royalties by defendants Renleigh Music, Inc. and Flomar Music Publishing Inc., publishers of his music. There are before me two motions, one addressed to each of the said defendants, seeking to strike that defendant’s answer and for an inquest on damages for willful failure to respond to a cri...
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ORDER Defendant has moved the Court for summary judgment. Upon consideration and for the reasons stated below, the motion shall be granted. This is an action for review of the decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for Black Lung benefits as the widow of a miner, under Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S....
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OPINION AND ORDER This matter is before the Court following a trial on the merits. Plaintiffs instituted suit against the United States for the sum of Ten Thousand Dollars ($10,000.00), seeking the proceeds of a National Service Life Insurance Policy insuring the life of James W. Norris, deceased. Jurisdiction of this Court is *714founded upon Title 38, United States Code, Section 784. Pursuant to...
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MEMORANDUM OPINION This § 1983 action involves the summary dismissal by the City of Chester of an employee in the city’s Bureau of Health. It is alleged that the plaintiff was dismissed without a hearing and in violation of her First Amendment rights. It is also alleged that the dismissal violates Pennsylvania’s “Anti-Macing” Act. Defendants have presently moved to dismiss the action pursuant t...
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OPINION AND ORDER This action is before us on remand from the Court of Appeals for the Third Circuit. 1 Invoking 28 U.S.C. §§ 1331 and 1343(3) and 42 U.S.C. § 1983, plaintiff David Tyrrell seeks damages for deprivation of civil rights by state officials resulting from his 1970 transfer from Delaware County Prison to Grater-ford' State Prison and from the conditions under which he was incarcer...
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OPINION AND ORDER I. HISTORY OF THE CASE AND STATEMENT OF THE ISSUES A. PROCEDURAL CHRONOLOGY OF THE ACTION This is an action for infringement of United States Letters Patent 3,369,582 (the “’582 patent”). The patent was granted on February 20, 1968, to Clayton Giangiulio for a “Tomato Slicer”, a hand-operated device which can make multiple slices of tomatoes for the food servic...
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MEMORANDUM OPINION Gentlemen: A hearing on the above-entitled matter was held before this Court on September 26, 1974, when the plaintiff seeks injunctive relief against the above-named defendants. The plaintiff brings the action on his own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all other persons similarly situated. This Court has jurisdiction of this...
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415 F.Supp. 404 (1975) Perry W. ORFIELD, Plaintiff, v. INTERNATIONAL HARVESTER COMPANY, Defendant. Perry W. ORFIELD, Plaintiff, v. POWER EQUIPMENT COMPANY, Defendant. Civ. A. Nos. 3137, 3155. United States District Court, E. D. Tennessee, Northeastern Division. February 21, 1975. Martin Heller, Philadelphia, Pa. and Bernard E. Bernstein, Knoxville, Tenn., for plaintiff. *405 N. R. Coleman, Jr., G...
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MEMORANDUM OPINION This case was reopened after an agreed dismissal on the motion of both the plaintiff and the defendant for the purpose of allowing Air Line Pilots Association, International, to intervene since it was primarily interested in the seniority date which the Court might fix for plaintiff. Plaintiff’s controversy with Braniff arose out of her claim that Braniff had discriminated again...
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OPINION and ORDER Plaintiff Kenneth White has filed this pro se complaint against six Internal Revenue Service Officers alleging that defendants violated his constitutional rights, conspired to do the same and refused to protect him from such conspiracy. Plaintiff asks for $275,000 in damages from each defendant and an injunction restraining defendants from any further actions which viola...
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OPINION and ORDER This is- a suit for declaratory and injunctive relief brought by Patricia Nelson against The Honorable Robert T. Rogers, Judge of the Twenty-Third Judicial Circuit of the Commonwealth of *1149 Virginia, in his official capacity. Plaintiff asks that a three-judge court be convened pursuant to 28 U.S.C. §§ 2281 and 2284; that Sections 8-72 1 and 20-104 2 of the Code of Vir...
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MEMORANDUM OPINION and ORDER Plaintiff has filed this action challenging the final decision of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S. C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923 (b), which incorporates § 205(g) of the Social Sec...
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MEMORANDUM OPINION AND ORDER A trial was held in this trespass action on November 1, 1974, following which a jury of six' returned a verdict in *404favor of plaintiff for “$5,000.00 nominal damages only”. On November 13, 1974, defendant Christian View, Ltd., against whom the verdict was rendered, filed a memorandum and alternative motions for judgment notwithstanding the verdict, for a new trial o...
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DECISION and ORDER This is a petition for issuance of a writ of habeas corpus. On December 1, 1970, the petitioner, Errol Simpson, was convicted in a Wisconsin state court on three counts of selling obscene material in violation of § 944.21(1) (a), Wis. Stats. Mr. Simpson was sentenced to two concurrent indeterminate terms of not more than one year for selling magazines entitled “Flip Flop” (coun...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action in personam was filed by the plaintiff, Arthur H. Mathiesen, as owner of the M/S BETTINA against the defendant, The Panama Canal Company on May 5, 1972 almost three years after the date of the accident on May 16, 1968. The collision between the M/S BETTINA and the M/S GABONKUST occurred at about 0680 hours and thereafter on the same day the Board...
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ORDER On 14 February 1975, the following of defendant’s motions filed 23 December 1974 were heard: (1) Motion to Dismiss Amended Complaint; (2) Motion for Determination that this Cause Cannot be Maintained as a Class Action; and (3) Motion to Strike Demands for Damages in Counts I and III of the Amended Complaint. Also heard on said date was plaintiff’s Motion filed on 7 January 1975 to a...
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ORDER In an Indictment filed on September 25, 1974, the defendants were charged with the illegal operation of a still located at Barn #4, 19955 S.W. 248th Street, Dade County, Miami, Florida, in violation of 26 U.S.C. §§ 5601(a) (1), (2), (4), (8), 5602, 5604, and 18 U.S.C. § 371. On November 12, 1974, defendants Herndon, Donald Jones and Thomas Jones filed a motion to suppress various equipmen...
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MEMORANDUM AND ORDER Hawkins-El, presently confined in the Maryland Penitentiary, seeks habeas corpus relief from this Court for the second time.1 Hawkins-El alleges that the District of Columbia Board of Parole, charging a possible parole violation by Hawkins-El, filed a detainer against him at the Maryland Penitentiary on March 13, 1974, and that he was notified’of that detainer on March 14, 19...
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MEMORANDUM AND ORDER Phifer, presently confined in the federal pentientiary at Lewisburg, Pennsylvania, seeks habeas corpus relief in this Court for the frst time. Phifer alleges that sometime shortly after his commitment to Lewisburg in April 1972, the Maryland Board pf Parole issued a parole revocation warrant against him and that subsequently a detainer was filed against him at Lewisburg. Phife...
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MEMORANDUM OPINION This is a prisoners’ civil rights action which involves many facets of prison administration and discipline of prisoners at the Nevada State Prison. It is a class action and all inmates of the Prison are members of the class. The action was initiated by a pro se complaint filed in forma pauperis on May 1, 1972. Thereafter, counsel were appointed to represent plaint...
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OPINION FINDINGS OF FACT The defendant, William S. Terrell, is charged with willful evasion of his individual income taxes for the years 1968, 1969 and 1970, under counts 1, 3 and 5, respectively, in violation of 26 U.S.C., section 7201. *373 The tax evasion .charges are based upon a claim that in each year the defendant received substantial taxable income, knew that ta...
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This matter was initially before the late Chief Judge John O. Henderson. Petitioner submitted a pro se application for a writ of habeas corpus, alleging that his 1969 conviction for first degree rape in Monroe County Court was unconstitutionally obtained. In 1972 Judge Henderson denied the petitioner’s *1202application, without a hearing, on the merits. After timely notice was filed, an appeal was...
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MEMORANDUM On November 8, 1974, the Court of Appeals filed its opinion affirming our order of July 11, 1974 which was based on findings of unconstitutional conditions at the Manhattan House of Detention (the Tombs). The ease was remanded for consideration of the relief to be granted. I. On November 15, 1974, the Commissioner of Correction advised this court that the City had decided not to ...
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ORDER Petitioner Michael Lee Ewing filed an application for writ of habeas corpus on December 17, 1974. Then incarcerated in the Gaston County Jail on a governor’s warrant, Ewing claimed that he was entitled to be released because the governor’s warrant had no proper basis. A hearing was conducted on January 21, 1975, and on January 28, 1975 it was ordered that Ewing be released on his own reco...
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MEMORANDUM The defendants have filed a motion for a protective order preventing the deposition of the custodians of the records of the Ohio National Guard and the Ohio State Highway Patrol, and also to quash a subpoena duces tecum served upon the Clerk of the Court of Common Pleas of Portage County, Ohio requiring production of documents related to the Grand Jury inquiry into the matters givi...
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MEMORANDUM OPINION This action arises from an alleged act of negligence on the part of the Defendants in failing to provide a safe parking area for the Plaintiff. In her Petition filed on October 9, 1974, in the Drumright Division of the Creek County District Court, the Plaintiff, Mary Virginia Reed, alleged that on or about October 22, 1969, she was a customer and an invitee of the Defendant’s S...
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OPINION The Plaintiffs allege damages for the loss of an aircraft which crashed while en route from Atlantic City, New Jersey to Block Island, New York on August 26, 1972. Neither the occupants of that plane nor any remains of the aircraft have ever been found. The Plaintiffs contend that the crash was caused by adverse weather which was encountered by the aircraft as a result of the failure of...
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MEMORANDUM AND ORDER This is an action brought under 205(g) of the Social Security Act (Act), 42 U.S.C. § 405(g) to review a decision of the Secretary of Health, Education and Welfare denying plaintiff-claimant’s application for the establishment of a period of disability and disability insurance benefits' pursuant to Sections 216(i) and 223(a) of the Act, 42 U.S.C. §§ 416(i) and 423(a). The ma...
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MEMORANDUM AND ORDER On September 28, 1974, this Court entered an Order holding that the prisoner plaintiff’s Fourteenth Amendment rights had been violated when he was placed in solitary confinement without a hearing. However, recovery against defendant Superintendent Johnson was denied because Johnson, in isolating plaintiff, acted in the reasonable and good faith belief that his actions were co...
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OPINION AND ORDER The petitioner has filed two civil actions seeking to amend and correct the FBI files which list the petitioner’s criminal record. Since both actions request substantially the same relief, they have been consolidated. The government replied to the petition to amend and correct by filing a motion to dismiss or, in the alternative, for summary judgment. It is that motion which i...
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MEMORANDUM AND ORDER This matter is presently before the Court on the plaintiffs’ Motion for a New Trial. After carefully considering the grounds urged by the plaintiffs in support of their motion for a new trial, the Court has determined that it must deny the motion. The plaintiffs, both long-term employees of the defendant companies, Pressed Steel Tank Co. and Aqua-Chem, Inc., brought separate ...
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*59MEMORANDUM This case was tried before this court and a jury of seven.1 After seven days of trial, the jury returned a verdict for the defendant. Plaintiff has filed a motion with this court for a new trial. The trial was complex, lengthy and hard-fought. Plaintiff claimed injuries which were allegedly the result of the negligence and/or defective product of the defendant. The theory of plaintif...
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*505MEMORANDUM AND ORDER This action was commenced on March 29, 1974. It came to issue on July 5, 1974. A pretrial conference was held herein on September 25, 1974. Thereat, trial was assigned to commence on January 2, 1975. A continuance thereof was granted on December 27, 1974 on the application of the defendant, upon a showing that she was physically unable to attend a trial, and reassigned for...
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MEMORANDUM OPINION Upon motion and pursuant to Rule 52 Federal Rules of Civil Procedure, the Court withdraws its Memorandum Opinion in this cause entered September 4, 1974, and enters the following opinion. This is a civil rights action brought pursuant to 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 1983. Plaintiff alleges violations of her First and Fourteenth Amendment rights and seeks...
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MEMORANDUM AND OPINION Plaintiff alleges wrongful discharge from employment by her employer in violation of state law and of the federal antitrust laws. The defendant has moved for summary judgment on Counts One and Three of plaintiff’s Amended Complaint (the state law claims) and has moved to dismiss Count Two (the antitrust claim) for failure to state a claim upon which relief can be gr...
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OPINION and JUDGMENT Gene David Clay, petitioner, has filed a petition for writ of habeas corpus alleging that the introduction into evidence at his trial of testimony by the arresting officer as to an incriminating statement made by petitioner was in violation of the Fifth and Sixth Amendments as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The petitione...
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*1286 OPINION and JUDGMENT Thomas A. Kipps, plaintiff, brings this action under 42 U.S.C. § 1983 alleging that his constitutional rights were abridged by the concerted actions of defendants: John Ewell, Commonwealth Attorney of Warren County, Virginia; Cecil Williams, Chief Deputy Sheriff of Warren County; and Gary Keyser, former Sheriff of Warren County. Jurisdiction is conferred upon this c...
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MEMORANDUM OPINION This cause is submitted to the Court on motion of the Defendant for summary judgment by which the Defendant seeks to have the Court determine that certain provisions of a written contract of sale from the Defendant to the Plaintiff are applicable to limit the effect of the sale so as to provide the following: 1. That no warranty of fitness for purpose extended to t...
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OPINION The matter under consideration is a suppression motion under Fed.R.Crim.P. 41(e). The defendants, Michael Krell and Kay and Larry Ungerecht, have been charged with possession of and possession with intent to distribute various controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and 844. A hearing has been held at which the relevant facts have been developed. On June 15, 1974,...
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ORDER DENYING PLAINTIFF’S MOTION FOR LITIGATION EXPENSES AND AWARDING PLAINTIFF COSTS OF SUIT Plaintiff brought this inverse condemnation action against Defendant Rich*487mond Redevelopment Agency under the Fifth Amendment to the United States Constitution.1 On September 17, 1974, this Court filed Findings of Fact and Conclusions of Law as to all Issues, Save and Except for Litigation Expenses, f...
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MEMORANDUM OF DECISION The complaint alleges in substance that defendant Standard Oil Company of California, engages in a general pattern of discrimination by which certain minority employees, and all women employees, including the three named plaintiffs, are by various devices denied promotional opportunities and relegated to low-paying menial positions — all because of their race and national or...
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MEMORANDUM OF DECISION The Government has moved for an order adjudicating two persons, Marie Turgeon and Ellen Grusse, in contempt for failing to answer questions asked at a session of a Federal Grand Jury. 28 U.S.C. § 1826. The witnesses were called before the Grand Jury on January 28, 1975, at which time they declined to answer questions on various grounds including their privilege against se...
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OPINION This case arises from a complaint filed by A. O. Smith Corporation (“Smith”) and six other corporations seeking a declaratory judgment and preliminary and permanent injunctive relief against the Federal Trade Commission (“Commission” or “FTC”), its chairman and each commissioner separately, and the Comptroller General of the United States. This suit is, in effect, a request for pr...
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ORDER One of the most difficult duties of a judge is sitting as sole juror in a non-*229jury case, particularly where the whole case turns upon a naked credibility finding as between two expert witnesses of apparently equal credibility. In this case, the Postal Service, pursuant to 39 U.S.C. § 3007, seeks a temporary injunction authorizing it to detain defendant’s incoming mail until an administra...
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ORDER Now before the Court is defendant’s Motion for an Order Compelling Answers to Interrogatories. The interrogatories seem to concern the general issue of whether David was kidnapped and brought to the United States. Plaintiff has filed objections to the answering of these questions, claiming that they are irrelevant. It is the Government’s position that the kidnapping, if it did occur, did ...
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OPINION AND ORDER This matter is before the Court on defendants’ motion to transfer this action from this Court to the United States District Court for the District of Puerto Rico pursuant to 28 U.S.C. § 1404(a). The action is to recover damages as a' result of a ship’s anchor striking plaintiff’s equipment in a navigation channel in San Juan Harbor, Puerto Rico, in September, 1971. ...
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Plaintiff, Japan Air Lines Company, Ltd. (“JAL”), a carrier engaged in the operation of an airline system for the carriage by air of passengers, property and mail in overseas and foreign commerce, and subject to the provisions of the Railway Labor Act (“RLA”), 45 U. S.C. §§ 151-152, 154-163, 181-188, commenced this action against defendant International Association of Machinists and Aerospace W...
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MEMORANDUM AND ORDER By motion brought by order to show cause issued January 24, 1975 and heard on February 6, 1975, petitioners, officials of labor unions, moved to remand this proceeding under New York CPLR § 7510, to confirm an arbitration award, to the New York State Supreme Court, New York County, pursuant to 28 U.S.C. § 1447(c). Petitioners assert that these proceedings were removed from sta...
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MEMORANDUM DECISION On December 7, 1972 the defendant Gonzalez was arrested and charged with a violation of the laws of the United States regulating the sale and distribution of narcotic drugs. The following day, December 8, 1972, he was arraigned with his co-defendants, Antonio Ramirez, Marco Martinez and Alberto Morin, before Magistrate Brisach in the Westbury Branch of the United States Distric...
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OPINION A Special Grand Jury began some time in or about July, 1974, an investigation into the activities of the International Controls Corp. (ICC) and Investors Overseas Services (IOS). In the course of the investigation subpoenas duces tecum, dated July 9, 1974, and August 15, 1974, 1 were served on Hogan and Hartson (H&H), a law firm with offices at 815 Connecticut Avenue, N...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. THE COMPLAINT On April 25, 1973, the United States filed this civil action under Section 15 of the Act of Congress of October 15, 1914, as amended (15 U.S.C. Sec. 25), commonly known as the Clayton Act, to prevent and restrain the violation by defendant Blue Bell, Inc. of Section 7 of the Clayton Act (15 U.S.C. See. 18). The violation charge...
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MEMORANDUM Petitioner, Thomas Harry Durkin, brings this habeas corpus action attacking the constitutionality of § 53-208 of the Code of Virginia (1950), as amended, and alleging that he has been unconstitutionally denied credit for time spent in the Prince William County, Virginia, jail prior to his conviction in the Circuit Court of Prince William County. Jurisdiction is conferred by 28 U.S.C....
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OPINION This is an action for damages for-breach of implied warranty of merchantability with respect to two shipments of beef from defendant Packerland Packing Co., Inc., a Wisconsin corporation, to plaintiff Greisler Brothers, Inc., a Pennsylvania corporation. Jurisdiction is grounded on diversity of citizenship. *207The ease is before the court following trial to the court and the submission of ...
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MEMORANDUM OPINION The defendant has filed a motion to dismiss the third and fourth claims of plaintiffs’ complaint. The issue before the Court is whether claims for relief are stated where the claims seek to establish liability on the part of the defendant-broker based upon alleged violations of rules adopted by the New York Stock Exchange and the National Association of Securities Deale...
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MEMORANDUM OPINION This is an action for trademark infringement and unfair competition brought by the plaintiff, Union Carbide *283 Corporation (hereafter “Carbide”), pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq., and the Illinois Trademark Act, Ill.Rev.Stat.1973, ch. 140, § 8 et seq. 1 Jurisdiction is founded upon 15 U.S.C. § 1121 and 28 U.S.C. §§ 1332 and ...
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DECISION Plaintiff has sued the defendant railroad for failure to deliver goods with reasonable dispatch. Because of the railroad’s alleged negligence in failing to make delivery in time for the opening of the market in the Detroit Union Produce Terminal, plaintiff’s assignors did not sell their goods until some time later. It sues for losses allegedly caused by an intervening decline in the sale...
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MEMORANDUM and ORDER This is a civil action in which jurisdiction of this Court is invoked on the basis of 28 U.S.C.A. § 1334 and on the basis of the Federal Bankruptcy Act. Plaintiff is a Boston attorney whose practice is largely concerned with bankruptcy matters. Defendants are Edward I. Perkins, a Boston attorney; Jonathan R. Snelling, Administrator of the Estate of Henry B. W. Snelling; and N...
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OPINION This criminal case was tried to the Court without a jury. This opinion will constitute findings of fact and conclusions of law as required by Rule 23 of the Federal Rules of Criminal Procedure, 18 U.S.C. The defendant, Julius L. Celentano, was charged in a 5 count indictment with violations of the Internal Revenue Code. Count 2, which charged that the defendant had understated his inc...
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MEMORANDUM AND ORDER Plaintiff has moved pursuant to 28 U.S.C. § 1447 to remand this case to the New York Supreme Court, New York County whence it was removed by defendants. The action was originally commenced in the state court on October 10, 1974 by service of a summons alone, which tersely stated that “the object of this action is recovery of damages arising out of (i) breach of contra...
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MEMORANDUM OF DECISION AND ORDER This civil rights action for declaratory and injunctive relief1 seeks to invalidate and enjoin the enforcement of hairgrooming regulations, Sheriff’s Order No. 33, of the Sheriff’s Department, County of Nassau, New York, dated November 1, 1971, as in violation of plaintiff’s constitutional rights. Following the issuance of a temporary restraining order which enjoin...
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OPINION Plaintiff, Oak Tree Farm Dairy, Inc. (“Oak Tree”), brought this action pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (“the Act”), 7 U.S.C. § 601 et seq., seeking review under § 608c(15)(B) of a final decision of the defendant Secretary of Agriculture (“the Secretary”) which upheld the validity of a portion of Milk Marketing Order No. 2 (“Order 2”), 7 C.F.R. 10...
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Beneficial Finance Co. of New York, Inc. (Beneficial) appeals from that part of an order of Bankruptcy Judge Howard Schwartzberg, entered on September 27, 1974, which determined that only part of defendant-bankrupt MeNee’s debt to Beneficial was nondischargeable. The bankruptcy judge found that McNee, who filed a voluntary petition in bankruptcy on April 29, 1974, applied to Beneficial for a loan ...
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OPINION This case is a sequel to Wilbur-Ellis Company v. M./V Captayannis “S”, 1 which arose from the grounding of the Captayannis “S” on Clatsop Spit at the mouth of the Columbia River in the State of Oregon on October 22, 1967. In that case, defendant herein sought to establish the liability of the vessel and its owner for cargo loss and damage. The case was dismissed by this...
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MEMORANDUM AND ORDER This matter is before the court on defendants’ motion for partial summary judgment. The motion was argued to the court on September 19,1974. Plaintiff, a manufacturer of reinforced concrete pipe, entered into an agreement with defendant Penbrook Hauling Company, Inc. 1 (hereinafter “Penbrook”) on July 29, 1970. A copy of the agreement is attached as a ...
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MEMORANDUM Plaintiff, Jo-Ann Bykofsky, on her own behalf and on the behalf of her son, a twelve year old minor, Shaw Bykofsky, as his guardian, filed this action seeking declaratory and preliminary and permanent injunctive relief against the defendants — the Borough of Middle-town, Harry Judy, the Mayor of Middle-town, Steven Mrakovich, the Chief of Police of Middletown and George Merkel, Middl...
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ORDER The issue before this Court is whether when a defendant in a state court files with that court, prior to removal to a federal court, a motion for an extension of time in which to plead submits to the jurisdiction of the state court and thereby waives his right of removal. This is an action commenced in the San Juan Part of the Superior Court of the Commonwealth of Puerto Rico by plainti...
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MEMORANDUM OPINION AND ORDER This is a case involving the trademark “Minute Man” which both Plaintiff and Defendant are using in connection with their respective fast-service food operations. The Defendant’s (Coastal) service mark was registered in 1961 by its predecessors in title under the Texas Trademark Statute, V.T.C.A., Bus. & C. § 16.01 et seq. (1968), but it has not been registere...
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MEMORANDUM Thomas Woodfin, a Virginia prisoner incarcerated pursuant to a judgment entered by the Circuit Court of the City of Petersburg on January 30, 1973, upon a jury verdict adjudging him guilty of possession of a controlled drug, petitions the Court for a writ of habeas corpus, alleging that he is in custody in violation of the Constitution of the United States. Jurisdiction is attained by v...
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ORDER This matter is now before the court on petitioner’s motion to amend or alter this court’s order entered on July 12, 1974, denying the petitioner habeas corpus relief. Pursuant to the filing of this motion, the court, by order dated November 19, 1974, ordered an evidentiary heáring “to take evidence relating to the in-court visual identification of the petitioner by the witness Kiker, and ...
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OPINION and JUDGMENT Ernest George Minns brings this action under 42 U.S.C. § 1983 alleging deprivation of his constitutional rights; jurisdiction is conferred on this court pursuant to 28 U.S.C. § 1343(3) and (4). Minns is seeking declaratory relief and other appropriate relief. Plaintiff alleges that while he was in the custody of the Chatham Correctional Unit #15, he was denied due process and ...
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MEMORANDUM AND ORDER On September 12, 1959, plaintiff Frederick Courll was involved in an automobile accident which resulted in alleged brain damage as well as other physical injuries. Plaintiff first filed for social security disability insurance benefits pursuant to Title 42 U.S.C. §§ 416 (i) and 423, on August 31, 1960. As will be hereafter enumerated, this was the first of nine separate claim...
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OPINION This action has furnished the Court with the rare opportunity to try a case which was originally filed in a Texas justice of the peace court. 1 *The prosecution and defense hereof will, of course, cost each side several times more than the $144.00 involved. The parties claim that such expense is justified because the legal issue to be decided is a recurring one. It is a...
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MEMORANDUM AND ORDER FACTS Plaintiff, Ruben Silva Morales, filed the present complaint against Border Patrol Agents, Howard W. Hamilton, Mario C. Chamberlain and Thomas B. Frederick and Treasury Department Special Agents, Donald J. Wales and Robert Sheppard. Plaintiff alleges jurisdiction under Title 28, United States Code, Section 1331(a). The complaint further al-* leges that on June 4, 197...
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MEMORANDUM OPINION In this action, plaintiffs 1 seek a judgment declaring unlawful rate increases promulgated by the Department of the Interior for electrical power sold to them as customers of the Central Valley Project in California hereinafter “CVP”). They also pray for an injunction prohibiting the defendants from continuing to implement such rate increases. Under the t...
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MEMORANDUM AND ORDER Plaintiff, a former Captain in the U. S. Air Force stationed in England, was tried and convicted by a general court-martial in 1971 on one charge of violating Article 133 (conduct unbecoming an officer and gentleman) and one charge of violating Article 92 (violation of a lawful general regulation). The basis for the conviction under Article 133 was that plaintiff, while o...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having been heard on the merits on February 6, 1975, and this Court having considered the extensive record and the arguments of counsel, we make the following findings of fact and conclusions of law. The plaintiffs are homeowners and residents of Yuma Street, N. W., Washington, D. C. They bring this action for declaratory and injunct...
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OPINION AND ORDER These matters come before the Court on the post-trial motions filed by defendants John N. Mitchell, Harry R. Haldeman, John Ehrlichman and Robert C. Mardian who were convicted of certain offenses in the recent trial of this case and on the motion of Walter Taylor to quash a subpoena served upon him by Mr. Haldeman. The Court heard oral argument on these motions on Januar...
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MEMORANDUM AND ORDER This is an action by plaintiff on behalf of herself and all others similarly situated for declaratory and injunctive relief to set aside and declare unconstitutional certain of defendants’ regulations [7 C.F.R. §§ 271.l(n) (1) and 271.1(n) (2) (v) as repromulgated at 39 Fed.Reg. 26001 (July 15, 1974)]. These regulations, issued under the Food Stamp Act of 1964, [7 U.S.C. § 201...
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MEMORANDUM OPINION AND ORDER Plaintiff General Motors Corporation (GM) brings this action to recover interest from the United States under section 6611(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 6611(a), on certain amounts of federal excise tax erroneously assessed against, collected from, and later returned to GM. This court has jurisdiction under 28 U.S.C. § 1346(a). Both part...
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This is a motion for various forms of relief (to be separately considered) by defendants The Equitable Life Assurance Society of the United States (Life), Murray, Waugh, Thomas, Keehn, and Knortz; by defendants Macioce, Tyson and Whitehead; and by defendant The Equitable Life Mortgage & Realty Investors (the Trust). Affidavits have been submitted by defendants Waugh and Whitehead. Defendant Tys...
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OPINION Plaintiff brought an action against defendant Carlson Wade in 1971 in the United States District Court for the Central District of California, Los Angeles Division, on the grounds of copyright infringement, unfair competition, conversion, and quantum meruit. Although served with process in mid-1972, Wade did not appear in the California action, and plaintiff secured a default judgment aga...
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OPINION Plaintiff, Verla R. Woods, seeks relief for inadequate credit disclosures made in violation of the Federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. (“The Act”) and Regulation Z, 12 C.F.R. 226, promulgated thereunder. Jurisdiction is conferred by 15 U.S.C. § 1640(e). On January 19, 1973, plaintiff entered into a consumer credit transaction with defendant, Beneficial Finance Co....
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389 F. Supp. 858 (1975) EDEN HALL FARM, Plaintiff, v. UNITED STATES of America, Defendant. Civ. No. 71-1035. United States District Court, W. D. Pennsylvania. February 14, 1975. John K. Barry, William J. Smith, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff. Donald Fish, Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant. OPINION SCALERA, District Judge. I Plaint...
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OPINION In an information defendant was charged with one count of attempting to board United Air Lines Flight No. 997 at the Greater Pittsburgh Airport while carrying a concealed weapon in her hand luggage in violation of 49 U.S.C. § 1472(Z). 1 After trial by jury, she was convicted. Defendant has filed three post-trial motions — a motion for a new trial, a motion in arrest of judgment, and...
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OPINION Following conviction by a jury on two counts of uttering and publishing a forged endorsement on a United States Government check, defendant moved for judgment of acquittal and a new trial. The evidence indicated that two United States Government checks, one in the amount of $148 made payable to Charles Dennis, and another in the amount of $174 made payable to Edward Griffith, were cas...
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MEMORANDUM OPINION: The Court, having considered Petitioner’s Petition for a Writ of Habeas Corpus, Respondent’s Answer, and the briefs submitted by both parties, hereby orders: The Petition is granted. Petitioner is seeking good time credit refused to him by Respondent for time spent in the Harris County Rehabilitation Center (HCRC), which is a county jail, prior to Petitioner’s transfer t...
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*595 OPINION This case requires this Court to determine once again 1 whether the defendant’s policy on grooming — specifically hair length — violated the plaintiff’s rights. I find that it did not. The defendant Mercantile National Bank in January, 1970, hired Ronald F. McConnell, plaintiff, who was then but 19 years old, to work as a night shift “reconciler” in its data processing depart...
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MEMORANDUM This is a civil rights class action in which the plaintiffs seek to enjoin election officials of the City of Los Angeles from locating polling places in structures containing what the plaintiffs term architectural barriers. The nominal plaintiffs are Jacqtieline Selph, who in 1971 received personal injuries which rendered her a paraplegic and resulted in her permanent confineme...
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ORDER STRIKING INTERROGATORIES This court is charged with the duty of conducting the pretrial discovery proceedings in fourteen cases which the Judicial Panel on Multidistrict Litigation transferred to this district as part of the U. S. Financial Securities Litigation pursuant to 28 U.S.C. § 1407. On February 7,1975, the court received a copy of a behemoth set of interrogatories served by mail on...
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390 F.Supp. 913 (1975) Pat ELEY and Sheila Skrine, on behalf of themselves and all others similarly situated v. Leonard MORRIS et al. Civ. A. No. 74-1803A. United States District Court, N. D. Georgia, Atlanta Division. February 13, 1975. *914 *915 *916 Myron N. Kramer, David A. Webster, Atlanta, Ga., for plaintiffs. Arthur K. Bolton, Atty. Gen., Wayne P. Yancey, Asst. Atty. Gen., Atlanta, Ga., fo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW RUSSELL E. SMITH, Chief Judge. Plaintiffs, all of whom qualified for disability relief under the Montana Aid to Disabled (MAD) laws after June 1973 and all of whom were receiving MAD benefits in December 1973, were removed from the Supplemental Security Income Program (SSI) without any pretermination hearing. Wood and Ferguson were terminated in...
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OPINION AND ORDER All actions in this litigation allege violations of various federal securities laws involving the sale of Pennsylvania Life Co. (PLC) securities. Except the Benyas action in the Eastern District of Michigan, 1 each action appears to focus primarily upon the alleged failure of PLC’s directors and officers to divulge material information to the invest...
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MEMORANDUM AND ORDER Sitting by Special Designation. This is an action for money alleged to be due and owing plaintiff corporation from defendants for architectural and design services rendered by plaintiff to defendants pursuant to a letter agreement. The case was tried to the Court on January 22 and 23, 1975, and consequently this Memorandum and Order have been prepared. FACTS...
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OPINION AND ORDER Four tenants, as representative of all the tenants in Coppergate House, East Orange, N. J., and their tenants’ association, filed suit in the Superior Court of New Jersey, Chancery Division, against the landlord, East Orange Senior Citizens Housing Association (EOSCHA), as well as its managing agent, Zoephel, the Department of Housing and Urban Development (HUD), and the Federal ...
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The defendant moves for an order, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, dismissing the complaint upon the ground that it fails to state a claim upon which this Court may grant relief. This action was commenced by the use-plaintiff, Hasco Electric Corp., to recover damages in the sum of $1,645.50. The undisputed facts reveal that a prime contract was entere...
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MEMORANDUM Plaintiff commenced this action on August 13, 1974 seeking to be relieved from a final judgment of this Court dated December 8, 1970 in a civil action captioned Harold Konigsberg v. Royal National Bank et al., docket number 70 Civ. 3162, on the ground that the judgment was procured by fraud upon the Court. The “fraud” alleged in the complaint may be summarized as follows. In the prior ...
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388 F.Supp. 1269 (1975) PITTSBURGH PRESS CLUB, Plaintiff, v. UNITED STATES of America, Defendant. Civ. A. No. 73-1051. United States District Court, W. D. Pennsylvania. February 13, 1975. *1270 *1271 Leonard M. Mendelson, Hollinshead & Mendelson, Pittsburgh, Pa., for plaintiff. Thomas R. Jones, Tax Div., Dept. of Justice, Washington, D. C., Richard L. Thornburgh, U. S. Atty., for defendant. ...
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MEMORANDUM AND ORDER Presently before the Court is Edward Murphy’s petition pursuant to 28 U.S.C. § 2255, seeking relief from a sentence imposed by this Court on October 18, 1973. A hearing was held January 16, 1975. After carefully considering the evidence and the arguments presented by the petitioner and the Government, the Court has determined that it must deny the requested relief. On Septembe...
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This wrongful death action was filed by the executrix and ancillary administrator of the estate of Robert V. Burnette (decedent) against the General Electric Company (defendant) on the theory that decedent was electrocuted because of the failure of defendant’s employees, servants and agents to exercise ordinary care in activating electricity in the area in which decedent was working at the time...
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OPINION and JUDGMENT Thomas Edward Campbell has filed a petition for writ of habeas corpus seeking federal relief to free him from the Bland Correctional Farm in Bland, Virginia. He is being held there pursuant to an Amherst County Circuit Court conviction for armed robbery in which a *1239jury convicted and sentenced him to twenty (20) years in prison on November 16, 1972. He appealed this convic...
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MEMORANDUM OPINION This private antitrust action seeks treble damages for an alleged conspiracy by several local investment banking firms to fix the interest rate to. be charged on municipal bonds sold at public auction by the City of Pine Bluff, Arkansas, on November 23, 1971. The bonds, in the principal amount of $3,000,000.00 to be paid in thirty years, were to be used to finance const...
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MEMORANDUM OPINION AND ORDER MEMORANDUM Plaintiff, The Ashland Oil Company of California (Ashland), a nonbranded, independent, wholesale supplier of gasoline, seeks a preliminary injunction restraining defendants, The Federal Energy Administration, William D. Arntz, Regional Administrator, Region IX, and Jerald Scheinberg, Director of Operations Division, Region IX (reference to “the FEA” thr...
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OPINION AND ORDER In this proceeding under Chapter X of the Bankruptcy Act, an application for compensation for services rendered as attorney for the debtor has been submitted pursuant to section 249 of the Bankruptcy Act, 11 U.S.C. § 649. On February 7, 1972, Robert J. Klitgaard, Esq. filed the instant application for an allowance of $5,000.00 as reasonable attorney’s fees for beneficial service...
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MEMORANDUM OPINION On October 11, 1974, this court issued an opinion on motions to dismiss filed by the Department of Housing and Urban Development (hereinafter HUD) and the mortgagee defendants, holding that, although jurisdiction was proper over all defendants, only the claim charging HUD with violation of its mandate to provide a decent home and suitable living environment for every Am...
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MEMORANDUM OPINION The defendant herein, Jose Castro, is charged with distribution of 19 grams of cocaine in violation of 21 U.S.C. § 841 (a) (1). The defendant has moved to dismiss the indictment against him contending that cocaine has been arbitrarily and irrationally classified as a narcotic drug for penalty purposes, thereby exposing him to a harsher maximum penalty than prescribed for medi...
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Plaintiff brings this action to recover $832.19 advanced to defendant by the Federal Works Agency, pursuant to Title V of the War Mobilization and Reconversion Act of 1944 for plan preparation pertaining to construction of a two-story municipal building to house the city hall, fire station and jail. Basically, the agreement provided for such sums to be repaid upon construction of the proposed fac...
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This action challenges the constitutionality of a recently enacted New York statute — Chapter 119, of the Laws of 1974 (codified as Section 14-b of the Banking Law, McKinney’s Consol.Laws, c. 2, and Section 5-601 of the General Obligations Law, McKinney’s Consol. Laws, c. 24A) 1 — which requires mort *1366 gage lending institutions to pay interest of at least two percent...
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This three-judge court was convened to consider an attack on North Carolina’s procedure for real property mortgage foreclosure, sale, and eviction, as depriving the plaintiff/mortgagor of her property without due process of law under the fourteenth amendment. Plaintiff, a widowed domestic worker, and her mother owned a residence house and lot located in Charlotte, North Carolina, encumbering it at...
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OPINION Gardner has sued Greek Line for damages arising out of an injury allegedly incurred by her through the Defendant’s negligence while she was descending the gangway of the ship “Olympia” on August 29, 1972 in Nassau, Grand Bahama. Greek Line has filed a motion to dismiss in which it alleges four grounds for such action. The Court need only consider the first of those grounds. Gardner pu...
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OPINION This proceeding has been filed and jurisdiction exists pursuant to Section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185. Plaintiffs *1106allege that defendant National Valve and Manufacturing Company (NAVCO), in violation of a collective bargaining agreement, wrongfully disregarded seniority rights, causing them to be laid off from certain journeymen’s work, and in concert...
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MEMORANDUM OPINION This matter is before the Court on plaintiff's three motions as to the counterclaim in which it is the defendant. The first motion is for summary judgment pursuant to Rule 56; the second for judgment on the pleadings under Rule 12(c); and the third, in the alternative, for a preliminary hearing permitted by Fed.R.Civ.P. 12(d). When defendant Fuld & Company (“Fuld”)...
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OPINION The Defendant Diversified Mortgage Investors is a so-called Massachusetts Business Trust. On December 1, 1972, it recorded in Luzerne County, Pennsylvania a mortgage in its favor from Eastern Pennsylvania Marine Properties, Inc., a Pennsylvania Corporation, covering Pennsylvania realty. The Plaintiff, General Heat and Power Company, Inc., is a general contractor who had entered into an agr...
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MEMORANDUM The plaintiff, Rita Jean Decker-Gregg, brings suit pursuant to 42 U.S.C. § 1983 for deprivation of her civil rights as secured by the Constitution of the United States. Plaintiff was formerly a nontenured teacher at Middle Tennessee State University (MTSU), a university owned and operated by the State of Tennessee. She was first hired as an assistant professor in the Department of Socio...
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MEMORANDUM OPINION AND ORDER This cause comes before the Court for decision following the submission of evidence, argument and authorities by the parties at trial and by way of post-trial submissions. This suit arises from a dispute between officials of the Texas Department of Public Welfare (DPW) and the United States Department of Health, Education and Welfare (HEW) regarding some $92.7 milli...
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*400MEMORANDUM OPINION AND JUDGMENT This case presents the question whether the provisions of Section 1034(a) of the Internal Revenue Code apply separately to the gains realized by a man and woman from the sale of the residence which was their home before they were divorced. In this case, the former husband, Sidney M. Glasser, purchased within three months of the sale of the former marital residen...
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*1265 OPINION Plaintiff’s amended complaint in this action seeks damages from the defendant labor union pursuant to section 303 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 187, 1 for activity allegedly in violation of section 8 (b)(4)(D) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(b) (4)(D). 2 Presently before the Court is p...
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MEMORANDUM OPINION The Court issues this opinion to implement its Order of December 27, 1974, that this case be maintained as a class action. This lawsuit was filed on October 25, 1973. Jurisdiction is based upon Section-22 of the Securities Act of 1933 (15 U.S.C. § 77v(a)) and Section 27 of the Securities Exchange Act of 1934 (15 U.S.C. § 78aa). Plaintiffs describe this action in their complaint...
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389 F.Supp. 856 (1975) William J. KNOTT, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Defendant. No. 74-907C(3). United States District Court, E. D. Missouri, E. D. February 11, 1975. *857 David O. Danis, Whalen, O'Connor, Collins & Danis, St. Louis, Mo., for plaintiff. R. W. Yost and Paul E. Littleton, Missouri Pacific Railroad Co., St. Louis, Mo., for defendant. MEMORAND...
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ORDER DENYING PETITIONER’S “MOTION FOR RELIEF ON HABEAS CORPUS BY DEFAULT,” DENYING PETITIONER’S MOTION FOR THE APPOINTMENT OF COUNSEL, AND FINAL JUDGMENT DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE This is a petition for a writ of federal habeas corpus by an individual formerly in custody at the Missouri State Penitentiary at Jefferson City, Missouri. Petitioner seeks an adj...
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389 F. Supp. 433 (1975) James DAYTON and Gwen Dayton, husband and wife, Plaintiffs, v. The BOEING COMPANY, Defendant. Civ. No. 3198. United States District Court, D. Montana, Great Falls Division. February 11, 1975. *434 C. L. Overfelt, Great Falls, Mont., Jack R. Harper, Helena, Mont., for plaintiffs. Alexander, Kuenning, Miller & Ugrin, Great Falls, Mont., for defendant. OPINION AND ORDER ...
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OPINION AND ORDER This action was initially filed as a diversity case in the United States District Court for the Eastern District of New York, and it was thereafter transferred to this court. See Chance v. DuPont DeNemours & Co., 371 F.Supp. 439 (E.D.N.Y.1974). The complaint seeks damages for personal injuries sustained by the plaintiff as a result of the explosion of a blasti...
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389 F. Supp. 821 (1975) STATE OF NEW MEXICO ex rel. David L. NORVELL, Attorney General, Plaintiff, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants. Civ. No. 74-388. United States District Court, D. New Mexico. February 11, 1975. *822 George J. Hopkins, Special Asst. Atty. Gen., David L. Norvell, Atty. Gen., Thomas L. Dunigan, William O. Jordan, Asst. Attys. Gen., Santa Fe, N.M., ...
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MEMORANDUM AND ORDER This matter is before the Court to consider the plaintiffs’ motion to preliminarily enjoin the “federal” defendants herein, James Lynn (Secretary of H.U. D.), the Department of Housing and Urban Development (H.U.D.) and the United States Housing Authority (U.S. H.A.) from dissipating federal moneys originally allocated to fund a housing project, R.I. 7-6, to be constr...
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ORDER Motion of plaintiff’s counsel for attorneys’ fees demands the attention of, and has invited considerable research by, this court. On October 30, 1974, plaintiff exhibited in this court its Complaint seeking money recovery under a note apparently dated March 21, 1973, in the principal amount of $32,360.72. The note was a demand note and provided for interest from date at the rate of 8% per an...
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MEMORANDUM Petitioners are prisoners in the custody of the State of Tennessee who are seeking habeas corpus relief pursuant to 28 U.S.C. § 2241 et seq. They were tried in July 1972 as co-defendants in a prosecution for armed robbery in the Circuit Court for Union County, Tennessee. They were convicted by a jury and *258were sentenced to ten years in the penitentiary. The Court of Criminal Appeals ...
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MEMORANDUM AND OPINION In this action, plaintiffs challenge the manner in which the Texas Department of Public Welfare disburses funds under the program known as Aid to Families with Dependent Children (AFDC). The named plaintiffs, representatives of a class of welfare recipients whose welfare checks were lowered by Texas’ conversion to a flat grant system on March 1, 1973, consist of the...
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MEMORANDUM OPINION This case comes before this court on defendants’ motions to dismiss. This is a multi-defendant action that centers around transactions involving the securities of two Bahamian corporations, International Inter-Ocean Transport, Ltd. (Transport) and Skipdahl, Ltd. (Skipdahl) and is based on an amended complaint containing three counts. The first count avers that...
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MEMORANDUM This diversity case arises out of a contract entered into between Virginia Electric and Power Company and Sun Shipbuilding & Dry Dock Company under which Sun undertook to fabricate steam generator and reactor coolant pump supports to be used by VEPCO for its generating units at the North Anna Nuclear Power Station located in Louisa County, Virginia. VEPCO does not believe Sun c...
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*60 OPINION Before CHOY, Circuit Judge, and EAST and SWEIGERT, District Judges * . PARTIES The plaintiffs are the Association above, the members of which include virtually all United States scheduled air carriers operating in interstate and foreign commerce, and some 18 scheduled air carriers in intrastate, interstate, and foreign commerce, respectively, all operating under federal auth...
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MEMORANDUM OPINION AND ORDER This is a private antitrust action in which plaintiffs allege a conspiracy in restraint of trade, prohibited by section 1 of the Sherman Act. [15 U.S.C. § 1] Jurisdiction is asserted under section 4 of the Clayton Act. [15 U.S.C. § 15] Both plaintiffs are Washington state corporations; one, The Cow Palace, Ltd., produces and markets fluid milk and milk product...
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MEMORANDUM OF DECISION The plaintiff in these suits is the owner, developer, and general contractor of the Brook Hollow Health Care Facility in the town of Wallingford, Connecticut. The defendants Andrulot and J. E. Greene, Inc., both claim to have supplied materials and services for work on the Health Facility to the plaintiff for which they were not paid. Therefore, both these defendant...
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MEMORANDUM ORDER This is a civil rights suit brought under the Civil Rights Acts of 1866 and 1871, 42 U.S.C. §§ 1981-1983, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., as a class action challenge to alleged racially discriminatory employment practices of the Clarksdale, Mississippi, Police Department.1 Soon after the commencement of the present action, plaintiffs filed...
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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. WEI-GEL * , Judges of the Panel. Two antitrust class actions have been commenced in two separate districts by plaintiff Lucille Lollar charging that various defendants instituted and maintained re...
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OPINION This suit is a diversity action for $75,000 for bodily injury and mental anguish allegedly caused by the hijacking of one of defendant’s airplanes to a desert area near Amman, Jordan, on September 6, 1970. In an earlier opinion, this court denied a motion by defendant Swissair for summary judgment and dismissal of the complaint. That motion was made on the grounds (1) that, at least in ...
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MEMORANDUM DECISION This is an action by a longshoreman against the owner of a ship for damages resulting from plaintiff’s fall on a platform leading to the deck of defendant’s ship. The shipowner impleaded plaintiff’s employer, a stevedoring company. Trial without a jury was held solely on the issue of liability on May 6 and September 23 and 24, 1974. The Longshoremen’s and Harbor Worker...
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MEMORANDUM This is an action for not more than $7,000 in damages to plaintiff’s cargo from a collision between defendant towboat and a barge on which the cargo was moving along the Mississippi River. The suit is brought in rem against the towboat and in personam against defendant owner. Defendant Valley Line Co. has moved to dismiss for want of in personam jurisdiction or, alternatively, for trans...
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MEMORANDUM DECISION The petitioner is a former New York City policeman convicted in New York Supreme Court of grand larceny in the first degree and attempted grand larce *1347 ny, both by extortion. 1 His conviction 2 was unanimously affirmed by both the Appellate Division of that court 3 and by the New York Court of Appeals. 4 The gravamen of the petition for writ of habeas corpus is...
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MEMORANDUM DECISION INTRODUCTION In this action alleging violations by twenty-two named defendants of Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j (b)), and Rule 10b-5 (17 C.F.R. § 240.10b-5) promulgated thereunder, the plaintiff (Arnold Elkind) moves for a determination that this case proceed as a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure. ...
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MEMORANDUM AND ORDER The petitioner, Ulyses Barnett Hooks, Jr., a prisoner in the Oklahoma State Penitentiary at McAlester, Oklahoma, submitted to this court on February 22, 1974 his Petition for Writ of Habeas Corpus in which he challenged the validity of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma, in case No. CRF-72-1444. As grounds for relief he a...
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DECISION and ORDER The defendant has filed a motion to dismiss the indictment. I conclude that such motion should be denied. The defendant is charged in a one count indictment with making a false *286statement in connection with the acquisition of a firearm in violation of 18 U. S.C. §§ 922(a)(6) and 924(a) (1970). The false statement involves Mr. Fur-em’s negative answer to the question: “Have yo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a class action brought by present and former tenants 1 challenging the decision of the Secretary of the Department of Housing and Urban Development (HUD) to demolish Sky Tower, a multifamily housing project, renovated with federal funds at substantial expense, for low-income families in this city. The matter came before the Court ...
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ORDER AND MEMORANDUM OPINION This cause came before the Court with respect to the plaintiff’s motion to compel discovery, filed herein October 25, 1974. At issue herein are First Amendment considerations of profound dimension. Clarence Arnold (Butch) Prevatt is a reporter for the Palatka Daily News, a newspaper published in Putnam County, Florida. On September 24, 1974, an article under the bylin...
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ORDER Appellant, Dewey P. Kelley, takes this appeal from the order of Bankruptcy Judge W. Homer Drake entered on October 29, 1974, adjudicating appellant to be a bankrupt. Appellant asserts that the Bankruptcy Judge erroneously ordered appellant to file a bond and then adjudicated him bankrupt for failure to file the bond. Appellant first contends that there is no provision in the Bankruptcy ...
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MEMORANDUM OF DECISION AND ORDER This is a tort action by plaintiff United States against defendant Topeka Livestock Auction. The complaint charges that defendant as auctioneer sold certain livestock in which plaintiff held a security interest. The livestock sold was security for loans extended by the Farmers Home Administration (FHA) to the owners of the livestock, William and Esther Bul...
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OPINION Plaintiff, Inexco Oil Company, (hereinafter referred to as “INEXCO”), seeks to compel specific performance of two Farmout Agreements executed by them with defendant, Crutcher-Tufts Corporation, and defendants, Albert B. Crutcher, Jr. and J. D. Tufts, II, (hereinafter collectively referred to as “CRUTCHER-TUFTS”), respectively, on July 30, 1970, affecting oil, gas and mineral leases held by...
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This cause came on for hearing on a previous day on the motion of defendants, Methodist Hospital, St. Paul Fire & Marine Insurance Company and Gillis, Hulse & Colcock, Inc., to dismiss for failure to state a claim upon which relief can be granted. The Court, having heard the arguments of counsel and having studied the legal memoranda submitted by the parties, is now fully advised in the pr...
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389 F. Supp. 47 (1975) Kenyon F. BALLEW, Plaintiff, v. UNITED STATES of America, Defendant. Civ. No. 72-283-H. United States District Court, D. Maryland. February 7, 1975. *48 John T. Bonner, Silver Spring, Md., for plaintiff. J. Charles Kruse and David B. Waller, U. S. Dept. of Justice, Washington, D. C., and George Beall, U. S. Atty., and James E. Anderson, Asst. U. S. Atty., Baltimore, Md., fo...
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OPINION This patent infringement matter was tried by the Court without a jury at Springfield, Massachusetts for eight days concluding on June 14, 1974. Subsequently, the parties filed extensive briefs and proposed findings of fact and conclusions of law. After careful consideration of the evidence, stipulations and pertinent authorities, the Court hereinafter enters its findings in accord...
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MEMORANDUM AND ORDER DENYING THE MOTION OF THE DEFENDANT CHARLES CORBETT TO SET ASIDE JUDGMENT AND SENTENCE AND TO ALLOW DEFENDANT TO WITHDRAW HIS PLEA OF GUILTY, AND ORDER DENYING THE MOTION OF PETITIONER CHARLES CORBETT TO VACATE SENTENCE PURSUANT TO SECTION 2255 This matter is presently before the Court upon the motion of Charles Corbett to set aside judgment and sentence and to allow defendant...
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On January 10, 1975 an order was entered on defendant’s motion, directing plaintiffs to produce or otherwise object to defendant’s request for production of August 6, 1974. This was to be accomplished by January 20, 1975. Plaintiffs were also ordered to appear for depositions not later than January 30,1975. On failure of plaintiffs to comply, defendant was authorized to move to dismiss on short no...
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MEMORANDUM AND ORDER This case is before the court on plaintiffs’ motion for a preliminary injunction, F.R.Civ.P. 65, and on defendants’ motion to dismiss the original complaint and amended complaint for lack of jurisdiction over the defendants or over the subject matter of the action, F.R.Civ.P. 12(b)(2) and (1), and for failure to state a claim upon which relief can be granted, F.R.Civ....
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OPINION This is a petition for writ of habeas corpus1 by Carl Evely Green, a state prisoner. From the petition and the state court record,2 it appears that on December 10, 1962,3 relator entered a plea of guilty to three charges of aggravated assault and battery, resisting arrest and burglary. He was found not guilty by the court on the remaining charges. He was sentenced to a term of imprisonmen...
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MEMORANDUM AND OPINION In this action, plaintiffs are seeking compensatory and punitive damages stemming from the suspension of business activity of Safeguard Insurance Company in April, 1967, by the Pennsylvania Insurance Department. Plaintiffs are Safeguard Mutual Insurance Company and C. M. Clark Insurance Agency, Inc., a Pennsylvania corporation organized by persons interested in the ...
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DECISION AND ORDER This action was initiated by plaintiff Betty Lou Falk upon the filing of a complaint against the defendant Falk Corporation on January 3, 1973. The complaint seeks monies in the nature of annual payments allegedly due and owing plaintiff as beneficiary of a deferred compensation plan entered into between her deceased husband, Richard S. Falk, Sr. (hereinafter “deceased”...
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MEMORANDUM OPINION AND ORDER• Plaintiff, appearing in forma pauper-is, is a prisoner at the Federal Reformatory for Women at Alderson, West Virginia and has petitioned this Court pursuant to 28 U.S.C. § 2255 for an order vacating her sentence and ordering her return to this court for resentencing. The facts relating to this motion may be summarized as follows: On July 27, 1973 the plaintiff was i...
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FINAL JUDGMENT WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE having come before the Honorable Court upon a complaint for injunctive relief by the United States of America, and after consideration of pleadings in this matter, the pre-trial stipulation filed by the parties at the pre-trial conference, December 31, 1974, the trial January 27, 1975, and the Court being otherwise ful...
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*92 ORDER ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT Plaintiff, Thomas R. Brunner, serves as liquidating Trustee for Mid-Continent Securities Company, pursuant to the provisions of the Securities Investor Protection Act of 1970, 15 U.S.C.A. § 78aaa et seq., and by appointment of this Court, pursuant to Order entered January 3, 1972 in Securities and Exchange Commission ...
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OPINION Plaintiffs bring this action to declare invalid, and to enjoin compliance with, a subpoena issued by the Special Committee on Aging of the United States Senate (“Special Committee”). The subpoena was served upon the American Bank & Trust Co. (“American Bank”) and was signed by The Honorable Frank E. Moss as Chairman of the Subcommittee on Long-Term Care (“Subcommittee”) of the Spe...
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MEMORANDUM OPINION AND ORDER Russell Roush has petitioned the Court for habeas corpus relief. His applica *398 tion to proceed in forma pauperis has been granted. An evidentiary hearing was held on June 19, 1974. Oral arguments were heard on October 10, 1974. In the early morning of July 17, 1971, Frank Grosse, a Stark County Deputy Sheriff working as an undercover agent in the Narcotics Un...
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MEMORANDUM This is an action under § 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for a period of disability and for disability insurance benefits. The administrative record in the case shows that plaintiff filed an application for a period of disability and...
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MEMORANDUM AND ORDER This matter is presently before the Court on plaintiff’s Motions for a New Trial and/or Relief from Judgment under Rule 60 F.R.Civ.P. After considering all the grounds urged by the plaintiff, the Court has determined that it must deny both motions. Plaintiff, an employee of P. Agnes, Inc., was injured while working as a job superintendent on a construction site in Broomall, P...
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MEMORANDUM The defendant objected to the prosecution’s witness Mr. Kenneth M. Whit-lock, Jr. herein as an expert accountant to present charts and summaries of the records demonstrating the source of the facts and figures earlier admitted in evidence. The defendant claimed with some vigor that the opinions of this witness would invade the province of the jury. The Court overruled the objection, adm...
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MEMORANDUM AND ORDER This cause comes before the court upon the motion of plaintiff, Seattle-First National Bank, for judgment on the pleadings. Plaintiff contends that as a matter of law plaintiff intervenors, Maxand, MacDonald and Hansen are precluded from recovery against the defendant, the O/S Madrona, or, in the alternative, that plaintiff is entitled to priority, as a matter of law,...
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ORDER GRANTING WRIT OF HABEAS CORPUS This is a habeas corpus proceeding seeking injunctive relief as well as petitioner’s release from custody. The facts are not in dispute. While on pa *230 role from federal prison, petitioner pled guilty to a violation of California Vehicle Code § 10851 (driving a motor vehicle without the consent of the owner) pursuant to a plea bargaining arrangement whic...
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OPINION This case comes before the Court on Defendants’ Motion to Dismiss the Complaint and Opposition thereto. Plaintiffs filed their original complaint on June 17, 1974 and their amended complaint on August 13, 1974. The amendment was generated by one plaintiff’s acquisition of the entire working in *929 terest in a domestic oil well. Both complaints seek a declaratory judg...
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ORDER This diversity action is before the Court on a motion by Shelby Mutual Insurance Company (Shelby) to dismiss plaintiff’s complaint pursuant to Rule 12(b)(1), or in the alternative Rule 12 (b) (6) of the Federal Rules of Civil Procedure. A short recitation of the facts as they appear on the record will be helpful. Plaintiff alleges that, on October 6, 1969, he was injured as the...
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MEMORANDUM OPINION Before me are defendant’s motion to strike and dismiss and plaintiff’s motion for summary judgment as to Counts 1-3 of the complaint. The material facts are undisputed. Based on the facts, the *215 judgment of the court is that summary judgment should be granted for the defendant. The plaintiff’s third amended complaint is in six counts. Counts 1-3 all...
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OPINION Plaintiffs, claiming to be citizens of the Peoples Republic of China, sue to enjoin their deportation and for asylum in the United States. A temporary restraining order issued upon commencement of suit and, by consent, is still effective. Plaintiffs now move for a pre *584 liminary injunction and defendant cross-moves for. dismissal of the complaint and, in the altern...
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MEMORANDUM OPINION and ORDER I. Plaintiff, an associate professor of history at East Carolina University, brought this suit under Title 42, U.S.C. Section 1983, for wrongful termination of his employment. Specifically, he alleges that he is a tenured professor and the defendants did not follow the detailed requirements for discharge of tenured faculty members specified by University regulatio...
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ORDER OF REMAND This suit is brought pursuant to 42 U.S.C. §§ 405(g) and 1395ff for judicial review of a final decision of the Secretary of Health, Education, and Welfare, denying Medicare benefits to plaintiff Clara A. Sheeran for services rendered to Mrs. Sheeran at Christ Hospital in Cincinnati from May 13, 1970 to June 14, 1970. The matter is now before the Court on defendant Secretary’s mo...
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OPINION This case presents the interesting question whether plaintiff is entitled to a jury trial. He seeks the penalty of $50 per day given by 29 U.S.C.A. § 308(b) which reads as follows: Any administrator of a plan who fails or refuses, upon the written request of a participant or beneficiary covered by such plan, to make publication to him within thirty days of such request, in accordance with...
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OPINION By this proceeding, which has been filed pursuant to the Securities Act of 1933 and the Securities Exchange Act of *470 1934, plaintiffs allege that they were victims of fraudulent misrepresentation and omissions made by defendants in connection with the sale of commercial notes of American Food Management, Inc. Judgment has heretofore been entered against the following defendants: He...
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MEMORANDUM AND ORDER. Currently before this Court is plaintiff’s Motion for a Protective Order *131seeking to bar the production of the records and files of Charles Bogdanoff, Esq. and the deposition of Mr. Bogdanoff. Oral argument was held on November 22, 1974. This action was commenced by the plaintiff, Truck Insurance Exchange, in an effort to recover by way of indemnity and/or contribution aga...
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MEMORANDUM OPINION This is an action in the nature of contract which was tried to the Court on July 24, 25, 1974, in Sioux Falls, South Dakota. The plaintiff, Thaddeus Goodwyn, a citizen of the state of Pennsylvania, brought this action against Sen-core, Inc., a corporation incorporated under the laws of Delaware with its principal place of business in the state of South Dakota, to recove...
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MEMORANDUM OPINION This is an action by the plaintiff for money damages under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., 1346(b). The plaintiff claims that the United States is liable to it for the loss of property caused by the negligent operation of his automobile by Mr. Bailey M. Shore, on April 19, 1972, when he was a member of the Air Force of the United States, acting in the lin...
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MEMORANDUM OPINION A. PREFACE This civil action was begun on September 6, 1974 when plaintiff United States of America applied to this Court for a temporary restraining order, and for temporary and permanent injunctive relief. The gist of plaintiff's complaint was that defendant GAF Corporation was in the process of drilling two deep wells for the subsurface disposal of organic chemi...
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ORDER The Court has before it a motion to dismiss for lack of subject matter jurisdiction, and a motion to strike plaintiff’s claims based on violations of the regulations promulgated under the Occupational Safety and Health Act, 29 U.S.C.A. § 651 et seq., filed by B & B Insulation. By way of background, this is a suit seeking damages for personal injuries the plaintiff allegedly rec...
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OPINION On February 3, 1971, agents of the Internal Revenue Service seized ten coin-operated machines, along with the coin content from the machines in the amount of $645.90, from various business establishments in Clarksburg, Anmoore and Salem, West Virginia. The seizure, without prior notification of tax liability or that seizure is the penalty for nonpayment of taxes, was made pursuant to 26 U...
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ORDER On December 12, 1974, the bankruptcy court for this district entered a temporary restraining order which provides as follows in [f 5: “That all creditors of the debtor [Career Academy, Inc.] both secured and unsecured be temporarily restrained from commencing any proceedings against debtor or taking any further action in pending proceedings until further Order of this Court.” In a let...
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DECISION and ORDER This is an action for review of a final decision of the secretary of health, education and welfare denying the plaintiff’s claim for disability insurance benefits. It is before the court on the defendant’s motion for summary judgment, here treated as a motion for judgment on the pleadings, including the record of the administrative proceedings. See Torphy v. Weinberger, 384 F...
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MEMORANDUM OPINION This cause is now submitted to the Court on the stipulation by and between the Plaintiff, United States of America, and the Defendant, Louisville and Nashville Railroad Company, wherein they submit the above-styled cause to the Court for determination based on the pleadings, answers to interrogatories, responses to requests for admission of facts, and affidavits. The co...
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MEMORANDUM OPINION This is a dispute between an executrix of an estate and the Internal Revenue Service over the deductibility on a federal estate tax return of claims against plaintiff’s decedent’s estate. The precise issue is whether claims paid as the result of a special bond or undertaking1 and enforceable under D. C. law against a decedent’s estate are claims within the meaning of Internal Re...
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RULING ON PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER Plaintiffs have moved for a temporary restraining order on behalf of themselves and one of the classes they seek to represent in this suit under 42 U.S.C. § 1983 challenging various aspects of the procedures by which the New Haven Housing Authority (NHHA) and its officials are instituting summary process actions to evict plaintiffs for n...
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ORDER This case arises as a result of an alleged violation of the provisions of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution of the United States and of the Department of Housing and Urban Development (HUD) Handbook 4191.1, Administration of Insured Home Mortgages, promulgated pursuant to the National Housing Act, 12 U.S.C. § 1715z, e...
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ORDER Plaintiffs have brought this class action, seeking injunctive..and declaratory relief, to redress injuries allegedly suffered by themselves and members of their class as a result of the alleged racially discriminatory hiring practices used by the defendants’ state agencies in the City of Boston. The claim arises under the Fourteenth Amendment to the Constitution and 42 U.S.C. §§ 198...
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OPINION AND ORDER This is a motion by plaintiff for oral re-argument and reconsideration of W. E. Hutton’s prior motion for summary judgment dismissing the complaint, or in the alternative, for leave to add Walston & Co. as additional party plaintiff and to amend the complaint. This Court reserved decision on Hutton’s prior motion because the extent of loss, if any, suffered by Walston wa...
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OPINION Plaintiff, Jennie F. Fuqua, a former employee of the Defense Supply Agency, Department of Defense, brought this action alleging that defendant committed acts of discrimination based on sex. The cause of action is alleged to arise under 5 U.S.C. § 7151, 42 U.S.C. § 2000e-16(a), and 42 U.S.C. § 2000e-16(c). This court’s jurisdiction is involved pursuant to 42 U.S.C. §§ 2000e-5(f)(3), 2000...
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OPINION This is an antitrust case in which plaintiff charges that defendants con*605spired to fix prices of ready-mix concrete. Plaintiff requests that this case be designated as a class action pursuant to Rule 23, Fed.R.Civ.P., and the class action issue assumed the proportion of a major law suit. There was extensive discovery, a full-blown hearing, exhaustive briefs, and oral argument. The pres...
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MEMORANDUM OPINION Sitting by Designation. The relevant facts in these cases are as follows: 1. Plaintiff Harold Lasky in 1969 purchased from a private party land on the Puerto Rican island of Culebra. The parcel is known as Punta Tampico. Although he received a deed, and was able to recite a chain of title in various private parties going back some thirty years, the title was not recordable. 2. ...
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OPINION This action to recover damages for personal injuries sustained as a result of an automobile accident is before the Court on plaintiff's motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motion raises the question whether, under Rhode Island law, 1 the plaintiff may assert a plea of collateral estoppel by former judgment a...
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DECISION and ORDER In a decision and order dated October 2,1974,1 concluded that “under the circumstances of this case, the plaintiffs’ [officers of the policemen’s collective bargaining unit] disclosure of confidential information [i. *634e., that the department was investigating their ‘political activity’] did not constitute protected trade union activity and that the defendant’s application of ...
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MEMORANDUM OPINION This declaratory judgment action is brought by the Milnot Company, a Michigan corporation which has its principal place of business in Illinois and which manufactures a food product under the trade name of “Milnot.” The defendants are the Arkansas State Board of Health and its individual members who are charged with enforcement of the Arkansas Filled Milk Act, Act 190 o...
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MEMORANDUM OPINION AND ORDER Plaintiffs, Citizens Against the Destruction of Napa, Lawrence Friedman and Arthur Stewart, Jr. (reference to “Citizens” throughout includes all plaintiffs), seek to enjoin the Department of Housing and Urban Development (“HUD”) from funding a fourth “action year” of urban renewal in the City of Napa’s Parkway Plaza Project (“the Project”) under the Neighborho...
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RULING ON MOTION TO INTERVENE On August 30, 1974, this Court approved and issued a decree which for all practical purposes had the effect of settling before trial the instant lawsuit. All the parties to the action “acquiesced in” and agreed not to appeal the Court’s order “in order to end this litigation.” Subsequently, on September 20, 1974, the Applicants for Intervention filed motions which see...
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OPINION This opinion treats the scope of summary jurisdiction in a Chapter XI proceeding under the Bankruptcy Act and the meaning of the term “bailee” as used in section 9-305 of the Uniform Commercial Code. On July 3, 1967, Lammot duPont Copeland, Jr. (“Copeland”) personally guaranteed a $2,700,000 loan made by Pension Benefit Fund, Inc. (“Pension Benefit”) to Graphic Production Com...
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SUPPLEMENTAL MEMORANDUM OPINION AND ORDER This is a habeas, corpus action in which petitioner attacks the validity of a guilty *484plea to a murder charge. He contends that the trial court erred in not conducting a hearing to determine what degree of murder petitioner had committed, and that in advising him that the maximum possible sentence for first degree murder was life imprisonment, the court...
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MEMORANDUM OPINION AND ORDER The above captioned cause of action came on for a hearing before this Court on November 21, 1974. By agreement *484parties have submitted a stipulation which states: “1. The Temporary Restraining Order heretofore granted plaintiffs on October 31, 1974 be and it is hereby continued as to the four named plaintiffs until further order of this court. “2. The plaintiffs hav...
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MEMORANDUM OPINION Plaintiff is the trustee in bankruptcy of Gerald W. Steincross, a bankrupt. The Bankrupt was engaged in a business primarily involved in the sale of carpet. He had started in this business about September 1, 1972. The business was not financially successful and an Involuntary Petition in Bankruptcy was filed April 6, 1973. The Bankrupt prior to this time had abandoned t...
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OPINION On December 11, 1973, three Internal Revenue Service (IRS) summonses [Treasury Form 2039] were issued by Special Agent William L. Bierman of the IRS and served upon defendants Pittsburgh National Bank (PNB), Mellon Bank, N. A. (Mellon) and EQUIBANK, under purported authority of 26 U.S.C. § 7602. The summonses requested all records pertaining to Morris and Joy Kirshenbaum and the Iv...
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ORDER In this admiralty proceeding brought by the owner of the shrimping vessel, M/V ETHEL 0, for exoneration from or limitation of liability under 46 U.S.C., §§ 181-196, and Rule 9(h), the Petitioner seeks to implead Seafood Freezing Technology Corporation as Third-Party Defendant. This request presents the rather unique question of whether impleader, under Rule 14(c), is available to the Petiti...
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OPINION and JUDGMENT This is a pro se prisoner’s complaint under 42 U.S.C. § 1983 in which petitioner, Earnest Ray Underwood, alleges that he was deprived of his constitutional right by respondents, all who are employed by the Virginia Department of Corrections. Jurisdiction is conferred upon the court pursuant to 28 U.S.C. § 1343 (3) and (4); the petitioner was allowed to proceed in forma p...
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*23MEMORANDUM OPINION This is an action for libel. At all times material plaintiff was a colonel in the United States Marines. During 1970 and prior to February 23, 1971, he was assigned as a member of the faculty of the Defense Department’s Industrial College of the Armed Forces. The defendants are Columbia Broadcasting System, Inc., and Post-Newsweek Stations, Capital Area, Inc. (incorrectly sue...
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MEMORANDUM OPINION I. INTRODUCTION These consolidated cases present a unique controversy, the heart of which concerns the ownership of and the right to assert or waive privilege with respect to the “Presidential materials and tape-recorded conversations” 1 of the Nixon Administration. The suits comprise the following actions : a suit by former President Richard M. Nix...
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RULING ON DEFENDANT’S MOTION TO SUPPRESS EVIDENCE The defendant is under indictment for possession of an unregistered, sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d), 5871 (1970). By this motion he seeks to suppress the use in evidence of the weapon which is the subject matter of this indictment. He contends that the gun was seized in the course of an illegally conducted search and that...
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OPINION AND ORDER On August 6, 1974, the Grand Jury returned a four count indictment 1 against Albert Martin (“Monk”) Shaffer, Jr. and Basil Vespe. 2 The first three counts charged Shaffer with three substantive violations of either traveling in interstate commerce, or using and causing to be used interstate telephone facilities, with intent to carry on an unlawful a...
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389 F. Supp. 1012 (1975) James Edward MITCHELL v. Maurice SIGLER, Chairman, U. S. Board of Parole. No. C74-1706A. United States District Court, N. D. Georgia, Atlanta Division. January 31, 1975. Howard A. Gold, Nadler & Gold, Atlanta, Ga., for plaintiff. John A. Stokes, Jr., U. S. Atty., N. D. Ga., J. Robert Cooper, Asst. U. S. Atty., N. D. Ga., Atlanta, Ga., for defendant. ORDER MOYE, Distr...
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MEMORANDUM AND ORDER ON MOTION TO AMEND Counts I and III of the Complaint in this action allege claims under Massachusetts General Laws, Chapter 229, Section 2, against the respective defendants for the death of the plaintiff’s son. The plaintiff now moves to amend the Complaint by adding two additional counts alleging a claim for wrongful death at common law against each defendant. The defenda...
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OPINION AND ORDER Marvin Karger petitions, under the provisions of 28 U.S.C. § 2255, to vacate the sentence and judgment of conviction imposed following his guilty plea to eighteen counts of receiving and disposing of stolen securities. 1 Petitioner alleges a number of grounds for relief, including ineffective assistance of counsel, involuntary guilty plea, willful suppression by the trial ju...
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MEMORANDUM OPINION On December 13, 1974, the private plaintiffs, who are penitentiary inmates, moved the court for further relief in accordance with its previous findings of fact and conclusions of law entered September 13, 1972, and judgment of October 20, 1972, 1 alleging that defendants had failed to comply with the order of the court in a number of material respects. Pursuant to the motio...
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This action is brought by several Crow Indians, declared competent pursuant to the Crow Allotment Act of 1920, as amended,1 ****who leased their land allotments to the non-governmental defendants. Title to the land involved is held by the United States in trust for the Indians. Plaintiffs seek a declaration that the leasing practices of the defendant-lessees violate the Crow Allotment Act, as amen...
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Memorándum and Order This case was filed under the Federal Tort Claims Act, Title 28 U.S.C. §§ 1346(b), 2671-2680, to recover $5,000,-000 damages for injuries to plaintiff, Henry Hammond, allegedly caused by the negligence of the Government. Plaintiff claims that the employees of the Division of Biologies Standards of the National Institute of Health, Department of Health, Education and Wel...
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On July 22, 1971 the claimant, Fruitful Valley Sun, a California corporation, sold and subsequently shipped 900 cases of canned peaches, each containing twelve cans of peaches, to Louis Ender, Inc., in New York. On August 23, 1971, the peaches having arrived in New York, ninety-six of the cans were appropriated as a sample, of which thirty-five were inspected for test purposes by the United State...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Before presenting formal findings and conclusions, a few generalizations should be made. This type of case, where allegations of discrimination in public employment are made, is troublesome in a number of ways. It forces the United States Government, through its courts, to intervene in local affairs. Such intervention is disruptive no matter how it is con...
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MEMORANDUM OPINION This case came on for trial before the Gourt sitting without a jury on December 19, 1974. After considering the stipulated facts, the testimony of the witness, the exhibits admitted into evidence, and the briefs of the parties, the Court finds and concludes as follows: Plaintiff, Mabee Foundation, Inc. hereinafter referred to as Foundation), was organized in 1948 a...
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This is an appeal from the decision and judgment (of conviction) and sentence of the United States Magistrate for this District in the above case. This appeal is pursuant to Rule 8, Federal Rules of Procedure for the Trial of Minor Offenses before United States Magistrates. The Defendant was charged with a violation of Title 16, United States Code, § 703 and 50 CFR § 1013, (a petty offense...
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MEMORANDUM AND ORDER Plaintiff, Janet Manning, alleges that defendants violated the federal Truth-in-Lending Act 1 by treating the credit sale of an automobile to her as a consumer loan, thus depriving her of certain information which the Act requires to be disclosed in credit sales but not in consumer loans. 2 Plaintiff seeks to be certified as the representative of...
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OPINION AND ORDER This is a proceeding brought under the provisions of Section 7 of the Fair Labor Standards Act, 29 U.S.C. § 207, in which the Plaintiff seeks to recover overtime compensation for the years 1972 and 1973. The Defendant contends that the Plaintiff was employed in an “executive capacity” and is thus exempt from those provisions. On December 12, 1974, this Court heard the ma...
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MEMORANDUM Before the Court are the parties’ cross-motions for summary judgment. *269 Plaintiff Marie Cox, the widow of a former coal miner, seeks review of the Secretary’s decision denying her benefits under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972. 30 U.S.C, § 901 et seq. Plaintiff’s only contention is that the hearing examiner’s decision, ...
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MEMORANDUM This is an action to review the final decision of the Secretary of Health, Education, and Welfare denying plaintiff’s *1278 claim as the widow of a miner for “black lung” benefits under the provisions of 30 U.S.C. §§ 921(a) and 922(a)(2) of the Coal Mine Health and Safety Act of 1969, as amended. 30 U. S.C. § 901 et seq. This Court has jurisdiction under the provisions of 30 U.S.C....
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MEMORANDUM OPINION AND JUDGMENT This matter came for hearing before this Court on June 12, 1974. Plaintiff appeared in person and with his attorney, J. Michael Spencer, Esq. Defendant Travel Services, Inc. appeared through its counsel Isherwood, Colianni, Alkon and Barnard, Geoffrey W. Barnard, Esq., of counsel. Defendants British Motor Corp., Ltd., Austin Motor Company, Ltd., British Motor Holdin...
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OPINION AND ORDER An indictment was returned herein on June 27, 1974, charging that on June 10, 1974, defendant had passed three Federal Reserve one-dollar notes which had been altered to appear as $20 notes, in violation of 18 U.S.C. § 472. Defendant has moved to suppress as evidence statements made by him in the course of an in-custody interrogation on June 11, 1974. I have previously e...
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DECISION and ORDER The defendants are charged in the first count of this indictment with conspiracy to violate 18 U.S.C. § 1084. The remaining six counts reallege the overt acts listed in count one. The defendants have filed a large number of motions. Discovery,' severance, dismissal and suppression of evidence represent the objects thereof. I'conclude that such motions should be denied. ...
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DECISION and ORDER This matter is before me on the pro se petition of Augustus Marshall. Pursuant to 28 U.S.C. § 2255, the petitioner challenges the legality of the sentence imposed by this court in 71-Cr-101. Since one of the grounds upon which the sentence is challenged relates to the propriety of Mr. Marshall’s guilty pleas, I will treat this petition as seeking withdrawal of the guilt...
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MEMORANDUM OPINION This diversity action involves a single issue, viz.: Was the $150,000 insurance policy issued by National Old Line Insurance Company [National] in effect at the time of the death of the insured? This matter was originally filed in the District Court for Niobrara County, Wyoming, and later removed to this Court, pursuant to 28 U.S.C. §§ 1332 and 1441. Counsel have f...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Findings of Fact A. Liability 1. Until November 8, 1968, defendant United Air Lines, Inc. (hereinafter referred to as “United”) maintained a policy which required female flight attendants to resign or to suffer discharge upon marriage. That policy did not extend to male flight attendants. 2. Plaintiff Kathleen C. Inda (hereinafter referred to...
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DECISIONAL MEMORANDUM This action was brought to recover for personal injuries allegedly brought about by the negligence of the defendant under the Jones Act and/or by the unseaworthiness of the defendant’s boat. Joined with said cause or causes of action was one for maintenance and cure allegedly due the plaintiff while he was disabled by said injuries. The parties have stipulated that the C...
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MEMORANDUM AND ORDER This cause came to be heard upon motion by plaintiff to vacate the order of the Court dismissing the suit without prejudice, pursuant to Rule 60, Fed.R. Civ.P., and to order specific performance of a settlement agreement which caused the suit’s dismissal. In its motion, plaintiff asserts that this case was dismissed due to a settlement agreement entered into by the parties to ...
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OPINION AND ORDER This case has been tried and the jury returned a verdict in favor of the plaintiff in the amount of $750,000. The defendant Morgan Construction Co. (“Morgan”) filed a post trial motion for judgment n. o. v., or in the alternative, for a new trial. The case arose from the injury of a steel employee, Donald George (“George”), who was working at U. S. Steel’s bar mill ...
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OPINION I This is an action under the provisions of 28 U.S.C., sections 1336, 1398, 2284 and 2321-2325 and 5 U.S.C. sections 701-706, to set aside orders of the Interstate Commerce Commission (Commission) entered in its Finance Docket F26737, Katy Industries, Ine.-Control-Cenac Towing Co., Inc., 342 I.C.Cs 666. Those orders held that Cenac Towing Co., whose transporation operations a...
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OPINION This proceeding, which was removed from the Court of Common Pleas of Allegheny County, Pennsylvania, and for which jurisdiction exists on the basis of diversity of citizenship, has been filed by plaintiff who seeks recovery for an alleged breach of contract. The Court has afforded the parties a full and complete trial. The facts may be briefly stated. Plaintiff is a retail dealer in a...
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ORDER Defendant moves for an order dismissing this action on the grounds that the court lacks (1) jurisdiction over the subject matter, (2) that complaint fails to state a claim upon which relief can be granted, (3) plaintiff has no contract with defendant and (4) the suit is barred by the doctrine of sovereign immunity. In the alternative defendant moves for summary judgment under Rule 5...
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MEMORANDUM This suit is brought by plaintiffs Great American Music Machine, Inc. (GrAMM), a Colorado corporation, and Ralph Harrison, a citizen and resident of Colorado, against Mid-South Record Pressing Company, a division of GRT Corporation, with its principal place of business in Davidson County, Tennessee. The complaint seeks monetary damages, based upon breach of contract and implied warra...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 16th day of January, 1975. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. This action was brought by the plaintiff under the Federal Tort Claims Act to recover damages against the...
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OPINION and JUDGMENT Thomas Lewis Green, Jr. has filed several actions against various state officials. He is being detained pursuant to judgments of the Circuit Court for the City of Roanoke which on March 22, 1973 convicted Green on two separate counts of forgery and uttering. Green entered a plea of guilty to all the charges and was sentenced to two years in the penitentiary on each charge, ...
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*426OPINION and JUDGMENT Petitioners, inmates within the Virginia Correctional System, are being detained pursuant to judgments of the Circuit Court of Madison County, wherein on May 23, 1973, they were convicted of armed robbery on their pleas of guilty; and each was sentenced to a term of thirty years in the Virginia State Penitentiary with ten years of that term suspended. Both have filed in th...
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MEMORANDUM ORDER This action arises from the public school textbook controversy in Kanawha County, West Virginia — a controversy which developed at the commencement of the 1974-1975 school term following adoption of a series of textbooks and supplemental materials for the county’s public school system by the Board of Education, defendant herein. In their complaint plaintiffs state that they are...
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MEMORANDUM AND ORDER *372 By this action plaintiffs seek judicial review of President Ford’s “Program for the Return of Vietnam Era Draft Evaders and Military Deserters” which was announced September 16, 1974, by Presidential Proclamation 4313. 1 The President’s Clemency Program set forth a policy of “reconciliation” and applies to draft evaders, military deserters and...
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*233ORDER Presently before the Court in this case are plaintiffs’ motion to enter default judgment, defendant Roland G. Strid’s motion to quash return of service or application for relief under Fed.R. Civ.P. 55(c), and defendant W. E. Hutton & Company’s (hereinafter Hutton) application for relief under Fed.R.Civ.P. 55(c). Because of the present untidiness of the case, the chronology of events nee...
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MEMORANDUM OPINION The plaintiffs in this case, an international labor union and its local affiliate, have filed suit against various officials *488 of the Village of Elk Grove, Illinois, for deprivation of civil rights under 42 U.S. C. § 1983. Plaintiff Elk- Grove Firefighters Local No. 2340 (hereafter, “Firefighters Local”) is a voluntary unincorporated association of a maj...
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MEMORANDUM AND ORDER Petitioner is serving a sentence of 25 years imprisonment following his conviction in the Circuit Court of Crawford County. The conviction was affirmed in *1236State v. Sherrill, Mo.App., 496 S.W.2d 321. Petitioner unsuccessfully sought posteonvietion relief pursuant to Missouri Supreme Court Rule 27.26, V.A.M.R. State v. Sherrill, Mo.App., 515 S.W.2d 611. This petition for a ...
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This is an opinion after trial on the issues of liability alone. An earlier opinion on the motion for summary judgment by the defendants stated the history of the litigation between the parties and the claims in the present complaint. International Railways of Central America v. United Brands Co. and Compania Agricola de Guatemala, 358 F.Supp. 1363 (S.D.N.Y.1973). 1 The su...
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The defendant moves for an order pursuant to Rule C(l) of the Supplemental Rules for Certain Admiralty and Maritime Claims to the Rules of Civil Procedure for the United States District Courts, quashing the arrest of the Tug Norwich, on December 3, 1974, and directing the plaintiff to pay certain monetary damages for lost operation of said Tug Norwich, and for costs and expenses. The plain...
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*709 OPINION Plaintiff, an employee of Herman H. Schwartz, Inc. (“Schwartz"), sued Corbetta Construction Co., Inc. (“Corbetta”) for damages arising from personal injuries he sustained when he fell from a scaffold erected by Corbetta, while working within the scope of his employment in performance of Schwartz’s contract with Corbetta. Corbetta instituted a third-party action again...
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MEMORANDUM OF DECISION AND ORDER This is a timely action to review a final decision of the defendant Secretary of Health, Education and Welfare (“Secretary”), denying plaintiff the monthly Social Security retirement insurance payments to which he would otherwise be entitled as a retired person. 42 U.S. C. § 405(g). Defendant has moved for judgment on the pleadings dismissing the action, c...
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*273 MEMORANDUM OF DECISION AND ORDER Defendants move, pursuant to Rule 12 of the Federal Rules of Criminal Procedure, for an order dismissing the indictment against them. In addition, defendant Macklin moves to withdraw his plea of guilty to the indictment. As a basis for both motions defendants assert that the court was without jurisdiction over the offense charged because the term of gra...
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MEMORANDUM This action was commenced by plaintiffs, Lehigh Valley Industries, Inc. (“Lehigh”) and its subsidiary Lehigh Colonial Corporation (“Colonial”), two Delaware corporations with principal places of business in New York. These two corporations are the successors in interest to the claims of Colonial Shoe Ornament, Inc. (“Ornament”). 1 Defendants are David Birenbaum (“Dav...
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OPINION AND ORDER This is an action brought to challenge 22 U.S.C. § 287e, which appropriates federal monies for use by the United Nations. The complaint, which seeks injunctive and other equitable relief, alleges that Article 36 of the Statute of the International Court of Justice (made an ‘integral part’ of the United Nations Treaty by Article 92 of the latter) is in conflict with Articles ...
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MEMORANDUM AND ORDER Before this Court is a motion by Defendant Laurelview Convalescent Center, Inc., to quash service of the complaint upon it in the instant action. After due consideration of the arguments of both parties, this Court has concluded that Defendant’s motion múst be denied. Plaintiff, an architect, instituted this action to recover compensation for services he performed pursuant to...
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MEMORANDUM AND ORDER On March 1, 1972, this “Pearlstein” doctrine case was brought by the plaintiff under the theory that the defendant brokerage house should have liquidated certain unsettled bond transactions as required by the Federal Reserve Board’s Regulation “T” 1 and that the failure of the brokerage house to so liquidate resulted in losses being suffered by the plaintif...
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MEMORANDUM Plaintiffs in this action, females and former teachers at Virginia institutions of higher education, seek monetary and injunctive relief from alleged deprivations of constitutional rights arising during the course of their employment by said institutions. Jurisdiction is alleged pursuant to 42 U.S.C. §§ 1983 and 1985 and 28 U.S.C. §§ 1331, 1343 and 2201. In its memorandum ...
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MEMORANDUM Plaintiffs, Sandra Jarrell Ashworth and Catherine Moore Norton, bring this class action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that Eastern Airlines, Inc. discriminates against female flight attendants by imposing upon them, and enforcing against them, stricter weight and appearance standards than those imposed upon and enforced aga...
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*533OPINION This is a suit to collect an alleged income tax deficiency brought by the Government against the defendant, Edward J. Ahrens, as authorized by 26 U.S.C.A. (1954) § 6502, and by 28 U.S.C.A. §§ 1340 and 1444. The suit was commenced October 10, 1972, seeking to recover $152,151.55, plus additional interest, for income taxes allegedly due for the taxable year 1967, which complaint was lat...
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MEMORANDUM OF DECISION Vincent W. Arias is in the custody of the Attorney General because of a sentence imposed by this court on February 26, 1973, following his conviction of the offense of conspiracy to possess, and possession of, a controlled substance with the intent to sell, in violation of 21 U.S.C. §§ 846 and 841(a)(1). He seeks to have such judgment set aside pursuant to 28 U.S.C. § 225...
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424 F.Supp. 117 (1975) In the Matter of John McCandish KING, Debtor. No. 71 B 1630. United States District Court, D. Colorado. January 28, 1975. *118 *119 Stanton D. Rosenbaum and Barry J. Goldstein of Isaacson, Rosenbaum, Spiegleman & Friedman, P. C., Denver, Colo., for debtor John McCandish King. Thomas H. Boerschinger, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., John D. Moat...
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388 F.Supp. 71 (1975) The TRUSTEES OF the COLORADO PIPE INDUSTRY EMPLOYEE BENEFIT FUNDS, express trusts, Plaintiffs, v. COLORADO SPRINGS PLUMBING AND HEATING COMPANY, a Colorado Corporation, and the Houston General Insurance Company, a Texas Corporation, Defendants. Civ. A. No. 74-871. United States District Court, D. Colorado. January 28, 1975. *72 Hornbein, MacDonald & Fattor by Martin D. B...
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388 F.Supp. 906 (1975) UNITED STATES of America, Plaintiff, v. Pasquale Charles MARZANO et al., Defendants. No. 74 CR 806. United States District Court, N. D. Illinois, E. D. January 28, 1975. *907 Asst. U. S. Attys. James Breen and Michael King for U. S. Atty. James R. Thompson, Chicago, Ill., for United States. Joseph Oteri, Martin Weinberg and Thomas Troy, Boston, Mass., for defendant DiFonzo....
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This action involves an attack by three plaintiffs purporting to be a class action on behalf of all uninsured motorists who were involved in an accident in Kentucky, and against whom a judgment of liability fixing damages has been awarded and who have failed to satisfy the judgment within 60 days thereafter. These plaintiffs mount a constitutional attack on K.R.S. 187.410, which provides for suspe...
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MEMORANDUM AND ORDERS ON FACULTY RECRUITING AND HIRING In its opinion filed June 21, 1974 in this case, the court found intentional segregation of the Boston public schools by the Boston School Committee and Superintendent of Schools (hereinafter the “city defendants”). One aspéct of that segregation was the racial composition and distribution of faculty members in the school system. The court ...
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MEMORANDUM ORDER The court has before it for determination the maintainability of the above suit as a class action under Rule 23(c), F.R.Civ.P. The defendants have moved to dismiss the case as a class action and also for a protective order limiting the scope of discovery sought by plaintiff’s interrogatories. After review of the pleadings, affidavits and other evidentiary materials on file, the c...
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OPINION AND ORDER This litigation consists of ten actions filed in nine different districts involving the sale of stock of the Stirling Homex Corporation, which is presently in Chapter X bankruptcy proceedings in the Western District of New York. Plaintiffs, purchasers of Stirling Homex stock, accuse the corporation, its officers, underwriters and independent auditors of federal securitie...
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OPINION AND ORDER This litigation consists of four actions in four districts brought by former controlling officers and shareholders of Stirling Homex Corporation. The defendants in all of the actions are members of a banking consortium with whom Stirling and a subsidiary dealt in attempting to secure adequate financing for their operations. Plaintiffs allege that the nine defendant banks violate...
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MEMORANDUM AND ORDER Defendants John J. Villani and Donald Eucker seek to have this court enjoin the New York Stock Exchange from conducting disciplinary proceedings against them during the pendency of this criminal action. They argue that such proceedings violate their Fifth Amendment right against self-incrimination and impair their ability to get a fair trial. Both contentions must be reject...
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*517OPINION In this diversity action to recover money due on a promissory note, defendants Winkler Realty Corp. and Michael Swerdlow, maker and alleged accommodation party of the note, respectively, move pursuant to Rules 19 and 21, Fed.R.Civ. P., for an order adding National Western Corporation (National Western) as a defendant. The note was originally made payable to National Western, which end...
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OPINION This is an action for alleged infringement of three United States Patents owned by plaintiff and relating to power supplies for high-intensity lighting systems used in graphic arts photography. This opinion incorporates the Court’s findings of fact and conclusions of law pursuant to Rule 52(a), F.R.Civ.P. FINDINGS OF FACT The parties and issues 1. Plaintiff...
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MEMORANDUM Through a writ of habeas corpus brought under 28 U.S.C. § 2241 (1970), petitioner seeks an honorable discharge from the United States Marine Corps (Marine Corps). Petitioner is in the custody of the Marine Corps at the United States Naval Base in Philadelphia. The Marine Corps desires to return petitioner to his parent base at Parris Island, South Carolina, where it is likely that he...
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OPINION Defendants William Edward Hayes, Jr. and Patrick Edward Mertens have filed motions for a new trial following their convictions on the conspiracy count and all substantive counts as charged in the indictment. Many of the grounds pleaded in these motions had been considered and ruled on at a previous stage of these proceedings in pretrial motions and hearings. Upon reconsideration of each o...
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OPINION and JUDGMENT Rexford Cassidy brings this action against Donald R. Blalock, the Superintendent of the Danville City Prison Farm, alleging violations of his constitutional rights under 42 U.S.C. § 1983. He seeks judgment in the amount of $150,000. Cassidy was allowed to proceed in forma pauperis with this pro se complaint by order of the court dated December 20, 1974. Cassidy has put forth f...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-entitled matter coming on regularly for hearing before the Court, the plaintiff appearing by and through its attorney Harry E. Leimback of the firm of Leimback, Aspinwall & Hofer, and the defendant appearing by and through its attorneys Herbert C. Snyder, Jr., of the firm of Barnes, Hickam, Pantzer & Boyd, and George M. Porter of the firm of Wehrli...
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OPINION AND ORDER This is an action brought by the Equal Employment Opportunity Commission .(EEOC) for injunctive and monetary relief for defendant’s alleged discriminatory unlawful employment practices as defined in 42 U.S.C. § 2000e-2. Raymond Bernal filed charges of discrimination against defendant with the EEOC on October 19, 1970, and January 11, 1971. (Affidavit of Jack E. Bolg...
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MEMORANDUM OPINION This ease is before the Court on the Defendant’s Motion for Reconsideration *219 of Sentence. 1 On January 4, 1974, the Defendant pleaded guilty to having illegally used the mails for the importation of marijuana (hashish) in violation of 21 U.S.C. §§ 843(b) and 952(a). The offense in this case consisted of his having sent a quantity of hashish f...
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MEMORANDUM OPINION This matter came on for trial before the Court, sitting without a jury, on November 26, 1974. Plaintiffs Emersons, Ltd., et al. (hereinafter “Emersons”), seek to recover under an insurance policy a stipulated business interruption loss of $244,069.58 for its Cinnaminson, New Jersey, restaurant. The restaurant was destroyed by a fire which occurred on or about February 1...
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MEMORANDUM ORDER Before me is the motion of respondent Joseph Cannon to dismiss the habeas corpus petition of Calvin Leroy Madison [hereafter “Madison”] filed pursuant to 28 U.S.C. § 2241 et seq. Since matters outside the pleadings have been submitted to me for my consideration, the motion is treated as one for summary judgment. Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. In 197...
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This case involves the duties of the administrator of a Welfare Plan designed to provide employee benefits for a unit composed entirely of supervisory employees. The plan is embodied in a written document entitled Agreement and Declaration of District 2, MEBA Welfare Plan. That agreement is, as it states, a declaration of trust between the union, which represents ships officers certificated by ...
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FINDINGS OF FACT, OPINION, AND CONCLUSIONS OF LAW ' This is an action to recover allegedly voidable preferences pursuant to § 60 of the Bankruptcy Act, 11 U.S.C. § 96. Pursuant to agreement and in accordance with Eule 42 of the Federal Eules of Civil Procedure, this case and Civil No. K87-72-CA 4, entitled: Texas Consumer Finance Corporation, Debtor in Possession, and Theod...
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MEMORANDUM OPINION On January 11, 1974, Huffman Towing, Inc. (Huffman), a Missouri corporation, filed a complaint in admiralty against Mainstream Shipyard & Supply, Inc. (Mainstream), a Mississippi corporation, for the arrest of the M/V H. F. LEONARD (ex M/V HAVANA ZEPHYR). Huffman alleged that Mainstream’s delay in performing a contract for repair of its towboat had caused Huffman to suf...
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ORDER DENYING MOTION OF DEFENDANT NICHOLAS CIVELLA FOR DISQUALIFICATION OF JUDGE In the late afternoon of January 24,1975, defendant Nicholas Civella, through his counsel, filed a motion and affidavit pursuant to Section 144, Title 28, United States Code, and Section 455, Title 28, United States Code, requesting therein that the undersigned District Judge “voluntarily” disqualify himself in thi...
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MEMORANDUM This matter is before the Court after trial to the Court'without a jury. Jurisdiction is invoked under 28 U.S.C. A. § 1343(3) (1962) and 28 U.S.C.A. § 1331 (1966). In this action the plaintiff, a black woman, contends that her civil rights have been violated and she seeks redress under Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000d (1974), which provides in part ...
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MEMORANDUM AND ORDER The Secretary of Labor, as plaintiff, brought this action to enjoin defendants, all members of the Morrow County Board of County Commissioners, from violating the minimum wage overtime and record-keeping provisions of the Fair Labor Standards Act of 1938, as amended, (the “Act”) 29 U.S.C. § 201 et seq., and to restrain .defendants from withholding payment of unpaid minimum wa...
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OPINION By this proceeding for which jurisdiction exists pursuant to the general maritime law, plaintiff seeks maintenance and cure for various periods of time commencing June 28, 1971. The Court has afforded the parties a full and complete trial and has considered the briefs and arguments of counsel. The facts may foe briefly stated. Plaintiff was employed at all pertinent times as ...
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MEMORANDUM This is an action to declare void a loan and recover damages allegedly resulting from a violation of the margin requirements of Regulation G, 12 C.F.R. § 207.1, et seq., as promulgated by the Board of Governors of the Federal Reserve System pursuant to Section 7 of the Securities Exchange Act of 1934, 15 U.S.C. § 78g. A private right of action is implied under the Act for viola...
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MEMORANDUM OPINION This matter is now before the Court on the motions of the defendants to dismiss for lack of jurisdiction. Flato Realty Investments, a common law business trust here sues Howard County, Texas, the City of Big Spring, 1 Texas, the Big Spring Independent School District, and their respective tax assessors and collectors, challenging the validity of the ad v...
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DECISION and ORDER This is a motion for summary judgment. The parties have stipulated with respect to the facts. I conclude that the plaintiffs’ motion for summary judgment should be granted. The plaintiffs were confined as patients at the Central State Hospital at Waupon, Wisconsin. On July 27, 1972, the defendant superintendent ordered them transferred from minimum security facilities to ma...
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MEMORANDUM, ORDER AND OPINION . Defendant has renewed its Motion to Dismiss this action pursuant to Rule 41(b) for the failure of the plaintiff to prosecute its claim in this action. Defendant’s Motion under Rule 41(b) was filed on July 17, 1974. In ruling upon that Motion on October 4, 1974, the Court acknowledged the plaintiff’s dilatoriness and general failure to fulfill its obligation to prose...
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ORDER DENYING DEFENDANT AIR CANADA’S MOTION FOR NEW TRIAL, ETC. On September 30, 1974, the Court filed a Memorandum and Order denying the motion of defendant to dismiss and granting plaintiff’s motion for summary judgment. The defendant Air Canada filed motions for new and additional findings or an amendment of the judgment pursuant to the provisions of F.R.Civ.P., Rule 52, for a new trial an...
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ORDER The Court has before it a motion to dismiss the indictment in this case, filed by defendant on January 14, 1975. The facts involved are undisputed. On June 7, 1973, defendant entered a plea of guilty to a direct information charging him with receiving stolen property (a crime punishable by imprisonment for a term exceeding one year) in the Circuit Court for the Fourth Judicial Circuit of ...
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MEMORANDUM DECISION AND ORDER CASE SUMMARY This action is an appeal pursuant to 11 U.S.C.A. § 67(c) by the United States, Appellant, from an order of the Bankruptcy Judge entered July 12, 1974, denying Appellant's motion to dismiss trustee’s-appellee’s complaint for turnover a dividend previously and erroneously paid to the United States, in a Chapter XI proceeding under the Bankruptcy Act, 11 U....
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MEMORANDUM OPINION AND ORDER This cause comes before the Court on the motion of the Government to dismiss this petition for a writ of habeas corpus. Petitioner Andrea Lieggi was born in Vola Debari, Italy on October 4, 1947. On April 25, 1963, when 16 years old, he came to the United States as a lawful immigrant to join his father, Guisseppi, a resident and citizen of the United States. In Ap...
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Plaintiff, Thomas 0. Morris, was employed as a brakeman for The Texas and Pacific Railway Company. He chose to let his hair grow long and wear it tied in what is referred to as a “pony-tail,” which hung down to or beyond his shoulder line. His employer, The Texas and Pacific Railway Company, did not approve of this and advised him on two or three occasions that he must either cut his hair to an...
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MEMORANDUM and ORDER This is a civil action for declaratory and injunctive relief. The case arises out of a prejudgment attachment of plaintiffs’ real estate by defendants which was made without affording plaintiffs notice or an opportunity to be heard by a judicial officer as to the existence of an alleged indebtedness of plaintiffs to defendants which underlies the attachment. Jurisdict...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. The above-named plaintiff, Bouchard Transportation Co., Inc. (“Bouchard”) filed a complaint against two defendants, one against Tug “Gillen Brothers” and Henry Gillen’s Sons Lighterage, Inc. (“Gillen”). This was based upon an agreement between Gillen and plaintiff whereby Gillen entered into a contract of towage to transport Barge B. No. 5...
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OPINION This is a civil rights action under 42 U.S.C. § 1983. Plaintiff, pro se, a convicted murderer of two police officers, is presently serving a term of life imprisonment at Clinton Correctional Facility (Clinton). Simultaneously with the filing of the complaint, plaintiff moved, by order to show cause, for a preliminary injunction mandating his return from Clinton to Ossining Correctional Fac...
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ORDER This case is a personal injury action arising from Plaintiff having been struck by an automobile driven by Defendant while Plaintiff was walking across a street located on Altus Air Force Base, Oklahoma. Diversity of citizenship which was first urged as the basis for jurisdiction in this Court has been previously determined by this Court not to exist and Plaintiff’s original Complaint was di...
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MEMORANDUM OPINION AND ORDER INTRODUCTION Plaintiff, Samuel R. Dickey, filed this diversity action on July 23,1974, alleging in his complaint that the defendant, CBS, Inc., through its facilities at WCAU-TV, Channel 10, Philadelphia, had on May 5 and 6, 1974, telecast certain “false, malicious, defamatory and libelous” statements about him. The complaint sought punitive damages in the amount ...
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MEMORANDUM Plaintiff, Litton Business Systems, Inc., a New York corporation has filed a motion for a preliminary injunction or, in the alternative, an order requiring defendants to return to plaintiff certain property seized by defendants which rely upon the distraint provisions of the Pennsylvania Landlord and Tenant Act of 1951, 68 P.S. § 250.302 et seq. This court has jurisdiction of the a...
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388 F.Supp. 1334 (1975) Samuel CARTER v. UNITED STATES of America. Civ. A. 74-1210. United States District Court, W. D. Pennsylvania. January 24, 1975. *1335 Samuel Carter, pro se. Henry G. Barr, Asst. U. S. Atty., Pittsburgh, Pa., for the U.S. MARSH, Chief Judge. The petitioner, Samuel Carter, filed a "Motion to Vacate" sentence imposed on March 12, 1973 at Criminal No. 72-230. The petitioner wa...
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OPINION Introduction. This case involves alleged violations of the National Environmental Policy Act, 42 U.S.C.A. § 4321 et seq., and the Watershed Protection Act, 16 U.S.C. § 1001 et seq. The Plaintiffs are owners of property in the vicinity of the Buck Hill Creek in the Pocono Mountains region of northeastern Pennsylvania. The stream is a tributary of the Brodhead, one of the most famous tr...
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ORDER ON MOTION FOR REDUCTION OF SENTENCE UNDER FEDERAL RULE OF CRIMINAL PROCEDURE 35. This matter came to be heard before this court pursuant to a motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure. The defendant herein pled guilty on August 5, 1974 to one count of violation of 21 U.S.C. § 841(a)(1) (1970). The following day he was sentenced to the cust...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter having come on for trial before the Court, sitting without a jury, and the Court having considered the testimony, exhibits, pleadings, the proposed findings of fact and conclusions of law, and the complete record, hereby makes the following findings of fact and conclusions of law. This action was instituted by the Secretary of Labor...
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389 F. Supp. 784 (1975) Application of Darrell NACOTEE for a Writ of Habeas Corpus. No. 74-C-158. United States District Court, E.D. Wisconsin. January 24, 1975. Raymond H. Thoenig of Wisconsin Indian Legal Service, Madison, Wis., Yvonne T. Knight, Charles F. Wilkinson of Native Amer. Rights Fund, Boulder, Colo., for plaintiff. Bronson C. LaFollette, Wis. Atty. Gen. by Robert B. McConnell, Asst. ...
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OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT STATEMENT OF CASE The plaintiffs charge the defendants with a conspiracy to defraud them in connection with the sale of their stock in Coastal United Enterprises, Inc., a Florida corporation (“Coastal”), in violation of the Securities Act of 1934 and Rule 10b-5 adopted pursuant thereto. [15 U.S.C.A. § 78j (b); 17 C.F.R. § 24...
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OPINION, ORDER AND JUDGMENT Defendants seek a review of the decision of the Secretary of the Interior, as entered by the Interior Board of Land Appeals (IBLA) [United States v. Merle I. Zweifel, et al., 1 BLA 72-311 (May 29, 1973)] affirming the administrative law judge’s holding that plaintiffs’ unpatented placer mining claims are null and void. United States v. Merle I. Zweifel et al., ...
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RULING ON MOTION TO STRIKE Currently pending in this case are two motions by the plaintiff: one to strike an exhibit and portions of two affidavits submitted by the defendants and one for partial summary judgment on two “causes of action” stated in the amended complaint and described below. Following a brief recital of the factual background of the ease I will consider the motion to strike. I. Ba...
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OPINION Pending for decision are identical motions by nonresident defendants in each of three cases to quash the sequestration of certain property purported to have been made under 10 Del.C. § 366 and Court of Chancery Rule 4(db), 1 Del.C. Ann. *1384 Each of the actions was brought by trustees of the Penn Central Transportation Company (“Penn Central”), debt- or in proceedings for reorgan...
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FINDINGS OF FACT and CONCLUSIONS OF LAW 1. NATURE OF THE ACTION 1. Plaintiff Penn Yan Boats, Inc. (hereinafter “Penn Yan”) brings this action for a declaratory judgment of non-infringement of United States Patent No. 3,469,557 issued on September 30, 1969 to defendant Donald L. Wollard (hereinafter “Wollard”). 2. This Court has jurisdiction over the subject matter of this action under Sections 22...
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*477ORDER The petitioner, a federal prisoner presently incarcerated in the Atlanta Federal Penitentiary, filed a petition to void an issued, but unexecuted, federal parole violator warrant and to expunge the detainer resulting therefrom. Let the petition be filed for the purpose of dismissal. The petitioner is presently confined pursuant to a fifteen year sentence imposed on June 28, 1974 upon his...
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MEMORANDUM AND ORDER Plaintiff originally filed this action in state court and it was removed to this court pursuant to 28 U.S.C. § 1441(a). Jurisdiction was predicated upon diver*585sity of citizenship. 28 U.S.C. § 1332. In the original complaint plaintiff sought damages in the amount of $50,-000, well in excess of the $10,000, jurisdictional amount requirement. Subsequent to the removal of the a...
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This suit is before the Court on remand from the United States Court of Appeals, Fifth Circuit, to consider the third-party claim of AAA Contracting Co., Inc. (AAA) against its insurer, The Travelers Insurance Company (Travelers) for the costs of defense in this matter. Howard v. Vulcan Materials Co., 494 F.2d 1183 (CA 5—1974). The sole question for determination is whether Travelers was obligated...
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The plaintiff, a black applicant for a position as a police officer with the Prince George’s County Police Department (hereinafter referred to as “the Department”), brings this action for declaratory and equitable relief from certain alleged discriminatory employment practices purportedly engaged in by the Department. He does so on his own behalf and as a representative of a class defined as all p...
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Memorandum and Order These cases are before the court on defendants’ motions pursuant to 28 U.S. C. § 1867 to inspect the records of the clerk of this court pertaining to juror selection. Since the issues presented, the counsel, and the relief sought are identical, the motions will be disposed of together. The defendants were indicted by grand juries in the District of Massachusetts whose member...
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MEMORANDUM AND ORDER On the instant motion, which is made pursuant to Rules 23.1 and 56 of the Federal Rules of Civil Procedure, the defendants seek the entry of an order dismissing this derivative action (which alleges violations of the Investment Company Act of 1940) upon the ground that “the plaintiff does not fairly and adequately represent the interests of the [other] shareholders” in enforc...
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OPINION Plaintiffs were the lessors and the Social Security Administration was the lessee of office space in Erie, Pennsylvania under a lease that expired November 1973. In March 1973, the General Services Administration (GSA) solicited offers for the next five years lease on rental space for the Social Security Office in Erie. After receiving offers, the GSA conducted negotiations with each offer...
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MEMORANDUM This is a continuation of an action filed in 1972 pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g) wherein Perry Good seeks judicial review of the decision of the Administrative Law Judge (AU) of the Bureau of Hearings and Appeals, Social Security Administration. Earlier we had denied defendant Secretary’s motion for summary judgment by ordering the case re...
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This case involves a clause in a contract of sale for a large electrical motor manufactured by Defendant Allis-Chalmers and sold by Defendant Fischbach and Moore to Plaintiff Cyclops Corporation. *478 The motor was installed in July of 1967 and suffered a breakdown on January 20, 1969. There was no injury to persons or property other than that to the motor itself. The motor was re...
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OPINION AND ORDER On June 21, 1974 plaintiff, Keystone Collection Service, Inc., filed a complaint for injunctive relief pursuant to the provisions of 28 U.S.C.A. Secs. 2281 and 2284, and 42 U.S.C.A., Sec. 1983. In accordance with these provisions, plaintiff further requested that this Court convene a three judge court to consider the constitutionality of Commonwealth Law # 148 of June 30...
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MEMORANDUM OF DECISION The amended complaint filed herein by Wayne C. Madden, individually and on behalf of all others similarly situated, challenged (a) the constitutionality of Section 587 of Title 37 of the Code of Alabama and (b) the constitutionality of the application of such Section 587. Plaintiff requested the court to convene a three-judge district court to consider these challenges. By o...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS In this opinion, the Court considers whether a longshoreman who is injured aboard a vessel as a result of an alleged defect in _a vehicle furnished by the vesselowner for loading and unloading cargo may assert a claim against the vessel-owner for strict liability in tort. The question arises as a result of the Defendant’s motion to dismiss the s...
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Today we are called upon to add another chapter to the history of intermodal transportation service. Certain features of the present cases are already familiar ones in the chronicle of that type of service. The plaintiffs, who are Japanese transpacific ocean carriers, have implemented programs which permit their customers to realize significant savings in transit time, freight charges, document...
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ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, IN THE ALTERNATIVE, MOTION FOR A NEW TRIAL Introduction This is a diversity action in which the plaintiff seeks to recover $41,475.00, plus interest at the rate of six per cent per annum from and after September 21, 1966, under an alleged contract of facultative hull marine reinsurance with the defendant upon the ship...
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OPINION In the early morning hours of December 11, 1971, the SS WESTERN COMET (“the tanker”), on charter to the Military Sea Lift Command, Department of the Navy, was berthed alongside a NATO terminal at Sari Saki, Turkey, discharging fuel oil, when strong winds started blowing. Chief Mate George Perry, observing that a mooring line had parted, went to the forecastle to adjust the lines and sus...
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MEMORANDUM AND ORDER Defendant Banque Romande, a Geneva, Switzerland-based bank, moves to dismiss the above-entitled action, including both the complaint and cross-complaint, or in lieu thereof to quash the return of service of the Order of Attachment, on the ground that New York’s at *1172 tachment statute — Section 6201 of the New York Civil Practice Law and Rules 1 — is unconstitutional....
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MEMORANDUM Plaintiff, employed by defendant as a “barge attendant,” brought this action under the Jones Act, 46 U.S.C. § 688 et seq., to recover for injuries suffered in the course of employment. Defendant has moved for summary judgment, claiming that plaintiff was not a “seaman” within the meaning of the Jones Act at the time of his accident. We shall deny the motion. The Jones Act ...
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MEMORANDUM The above-captioned class action has been commenced by three non-profit corporations and 15 individual plaintiffs to obtain relief from the alleged systematic exclusion of mentally retarded adults from the communities named as defendants herein. In essence, the complaint alleges that the defendants have effectively deprived mentally retarded adults of the constitutional right to live as...
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OPINION AND ORDER On October 23, 1970, Dr. Dorian Lugo Rubio, a licensed doctor in veterinary medicine and dairy farmer, climbed on top a ramp that was about to be used to unload cattle from an aircraft. The aircraft had just arrived to International Airport at Isla Verde, Puerto Rico, and Dr. Lugo Rubio, as an employee of the Department of Agriculture of the Commonwealth of Puerto Rico, upon r...
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OPINION AND ORDER Following his appearance before a Grand Jury, Edward B. Allen was indicted on two charges of perjury in violation of 18 U.S.C. § 1623. The basis of such charges was the alleged false testimony before said Grand Jury. He waived trial by jury, the United States agreed, and hence the whole issue of law and fact was submitted to the Court. I The Grand Jury was inve...
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MEMORANDUM ORDER This is an action under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g) and Section 413(b) of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.A. § 923(b), to review a final decision of the Secretary of Health, Education and Welfare, which denied plaintiff’s application for black lung benefits. This action is pending upon a Motion for S...
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DECISION AND ORDER This is a selective service case in which defendant was indicted for wilfully and knowingly refusing to submit to induction on or about August 4, 1972, in violation of 50 U.S.C.App. § 462. Defendant pled not guilty and has filed a motion for a directed verdict or, in the alternative, to dismiss the indictment. Defendant’s motion for dismissal is granted. The facts are as follows...
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ORDER This cause is submitted for final order of this Court on petition for writ of habeas corpus filed herein December 24, 1974, seeking to set aside Petitioner’s conviction of rape by the Circuit Court of Dallas County, Alabama, on June 24, 1953, on the grounds that a confession upon which his conviction was partially based was illegally obtained. The primary question for this Court is whether, ...
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RULING ON DEFENDANTS’ MOTIONS TO DISMISS THE INDICTMENT AND SUPPRESS EVI- . DENCE The twelve defendants in this case are under indictment for violation of 18 U. S.C. § 1955 (1970) 1 and § 371 (1970). They have raised a number of challenges to the indictment and the wiretap evidence which was obtained pursuant to the provisions of Title III of the Omnibus Crime Control and Safe ...
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MEMORANDUM AND ORDER A federal grand jury in the District of Nevada returned a two-count indictment against the defendant, James Owen Mackey, charging him with possession of an unregistered firearm in violation of 26 U.S.C. §§ 5861(c), (d) and 5871. On January 10, 1975 a hearing was held on defendant’s motion to suppress evidence seized from him. There is no substantial disagreement as to the e...
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MEMORANDUM AND ORDER “Any defendant may rely on the presumption “of innocence and need do nothing more. The presumption of innocence is removed only when the government sustains its burden of proving the guilt of the defendant beyond a reasonable doubt.” “A reasonable doubt is a doubt founded in reason and arising out of the evidence in the case or the lack of evidence.” *1393I have set out part ...
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Memorandum and Order Defendant moves under Title 28 U.S. C. § 1404(a) for an order transferring the above-captioned action to the District of Massachusetts. Plaintiff’s complaint sets forth two claims against the defendant; the first for a declaratory judgment of the invalidity and non-infringement of a patent held by the defendant and the second charging the defendant with violations of th...
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OPINION Before PECK, Circuit Judge, WEINMAN, Senior District Judge, and RUBIN, District Judge. This matter is before the Court following the joint submission of briefs and memoranda by the parties. Plaintiffs seek to have the Court set aside certain orders of the Interstate Commerce Commission (hereinafter I.C.C. or Commission). This matter has been considered by a three-judge federa...
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MEMORANDUM This is one of those fortunately rare cases in which defendant’s concession of liability creates more problems than it solves. Plaintiffs Jennifer Rhodes and Clara and Bernice Brogdon are illegitimate minors whom defendant denied child’s insurance benefits solely because their natural father had not acknowledged them or no finding of paternity had been made one year prior to their fa...
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MEMORANDUM Plaintiffs bring this action under the Truth-In-Lending Act (“the Act”), 15 U.S.C. § 1601 et seq., seeking both recision of a home improvement loan contract made with defendant Sims and Levin Realtors and money damages because of defendant’s alleged massive violations of the requirements of the Act and Regulation Z, 12 C.F.R. § 226 et seq. Defendant, a Ric...
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OPINION and JUDGMENT Donald R. Russell, an inmate in the Virginia Correctional System has filed suit against several officials within the Department of Corrections alleging several grounds for relief under 42 U.S.C. § 1983. Jurisdiction vests in this court pursuant to 28 U.S.C. § 1343. Plaintiff seeks injunctive and monetary relief, immediate release from custody, 1 “and for such other relief...
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*476OPINION and JUDGMENT Donald R. Russell, an inmate at Augusta Correctional Unit #10, has filed this action against the Superintendent of Unit #10 for his failure to maintain a log of incoming legal correspondence in violation of 42 U.S.C. § 1983. Jurisdiction vests in this court pursuant to 28 U.S.C. § 1343. Plaintiff has previously presented this identical claim to this court in Russell v. Oli...
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I BACKGROUND FACTS Antilles Industries, Inc. (herein “Antilles”) brings this action against the Government of the Virgin Islands (herein “Government”) for the breach of a contract originally entered into between the latter and Delaware Watch Company (herein “Delaware”). On December 7,1961, pursuant to the provisions of Act. No. 224, the Government granted Delaware a “Certificate for T...
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MEMORANDUM OPINION AND JUDGMENT Plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment in this action for breach of lease. On August 6, 1971, plaintiff Hunter as lessor and defendants Tierney and Houtz as lessees entered into an agreement for the lease of Plot #4 and part of Plot #3 in Estate Orange Grove, Christiansted, St. Croix. As sanctioned by paragra...
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ORDER RE PARAGRAPH OF ORDER JUDGMENT OF APRIL 3, 1974 On April 3, 1974, this Court issued an order prescribing remedies for the Title VII and Equal Pay violations found in this case. Paragraph 3 of that order directed that the salaries of pursers and stewardesses be equalized, by raising the stewardesses’ salaries to the purser level. Paragraph 18 set forth a procedure for determining whether, ...
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MEMORANDUM This civil rights action alleges that the Jockey Club rule stipulating a time period for registering thoroughbred horses is unconstitutionally arbitrary and capricious. The defendant seeks summary judgment on the ground that the record does not support invocation . of the Civil Rights Act, 42 U.S.C. § 1983, and that the challenged provision is not constitutionally deficient. The plai...
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OPINION The Plaintiff, Milton P. Jowers, 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 HEW that the plaintiff was not entitled under Section 216(i) of the Act, 42 U.S.C. § 216(i), to the establishment of a period of disability and to disability insurance benefits under Section 223, 42 U.S.C. § 423. The Secretar...
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DECISION Morgan Associates, a joint venture seeking a construction contract on competitive bidding, seeks injunctive relief against the awarding of a contract by defendants United States Postal Service (“Service” hereafter) and its agents to another joint venture, Nab-Lord Associates, which was the apparent low bidder. At the threshold, the Service challenges the plaintiff’s standing to b...
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DECISION AND OPINION This is a case of Admiralty and Maritime jurisdiction which has been tried to the Court without a jury. Plaintiffs, duly licensed marine engineers, claim that they are entitled to receive severance pay based upon the transfer of the S.S. BRASIL and the S.S. ARGENTINA to foreign registry by defendant Moore-McCormack Lines, Inc. The transfer was made to Holland-American...
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OPINION The defendant was indicted on April 24, 1973, and charged in two counts: (1) failure to report for an Armed Forces physical examination from June 19, 1972 to April 24, 1973;1 and (2) failure to report for induction from August 17, 1972 to April 24,1973.2 He moves to dismiss the indictment upon two grounds: (1) that the United States Attorney abused his discretion and denied the defendant d...
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OPINION AND ORDER This is an appeal from an Order of the bankruptcy court granting the trustee a judgment on a cause of action arising under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. Plaintiff-appellee, William P. Meehan, is the trustee in bankruptcy for the estate of the bankrupts, Billy Joe and Jacalyn Marie Warren. Defendants-appellants are Nelsonville Mobile Home Sales and the First ...
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OPINION In this diversity action plaintiffs, husband and wife, citizens and residents of Pennsylvania, sue the First National Bank of Fort Myers, Florida, as Executor of the Estate of William H. Merker, deceased, a national banking association with its principal place of business in Fort Myers, Lee County, Florida. The complaint alleges that the said William H. Merker is now deceased...
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OPINION The sole question in this case is whether Ana, the hitherto unsuccessful claimant, or Amelia, is the widow of Albert Farias for the purpose of obtaining *481widow’s insurance benefits under section 202(e) of the Social Security Act, as a'mended, 42 U.S.C. § 402(e). Albert married Amelia in New York in 1930. The couple separated in 1940, after which Albert began living with Ana in New York....
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OPINION and ORDER The single question in this appeal from the Secretary’s denial of death benefits to an alleged widow of an individual who was properly qualified under the Social Security Act at the time of his death, hereinafter “insured,” raises the single question whether applicant qualifies as a widow under the statute. Applicant and insured lived together for thirty-five years, purporte...
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MEMORANDUM On October 26, 1972, this action was filed for enforcement of a civil penalty assessment pursuant to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. § 801 et seq). A copy of the petition for enforcement was sent to the defendant by certified mail on October 26, 1972. A default judgment was entered on January 17, 1973, after the defendant failed to appear, plead, or otherw...
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OPINION and JUDGMENT This case has been remanded to this court for further consideration by the United States Court of Appeals for the Fourth Circuit. The case was reinstated on the docket by order of this court dated October 25, 1974. Initially the case was summarily dismissed because the allegations appeared to be identical to similar allegations presented to this court in an earlier § 1983 a...
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*236MEMORANDUM OPINION AND ORDER This is an appeal pursuant to Rule 801, Bankruptcy Rules, from an Order of the Bankruptcy Judge entered on July 31, 1974, in each of the captioned cases. The proceedings below with respect to the matters involved in this appeal were treated by the Bankruptcy Judge as consolidated, and are so inter-related that *237they are consolidated for purposes of this appeal....
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*897 MEMORANDUM AND ORDER Plaintiff, individually and as administratrix of the estate of her deceased son, brought this survival and wrongful death action to recover damages for the death of her son against Ulysses G. Polly, A. F. Jorss Iron Works, Inc., and the District of Columbia. The action was commenced pursuant to Sections 12-101 and 16-2701, D.C.Code, 1973 Ed. Jurisdiction...
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MEMORANDUM OPINION Plaintiff National Prison Project of the American Civil Liberties Union Foundation, Inc. is a nonprofit organization which advises and represents inmates of federal penal institutions. Plaintiff and its counsel are also engaged in a general study of the federal parole system and the manner in which parole applications are processed by the United States Board of Parole. ...
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OPINION AND ORDER On September 10, 1974, the defendant, Horace E. Hollis, a previously convicted felon, 1 ******was charged with knowingly and unlawfully transporting a firearm 2 in interstate commerce in violation of 18 U.S.C. § 922(g)(1). Thereafter, the defendant entered a not guilty plea to the charge and on September 30, 1974 moved to suppress statements which he made to Special Agents...
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OPINION In this action, complainant, Charles Elliott Rutledge, is seeking equitable re *1278 lief requiring defendant to pay back pay, due since the date of his alleged wrongful dismissal; reinstatement to his former job as a police officer; and a declaratory judgment providing that defendant cannot automatically terminate complainant’s employment merely because he exercises ...
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MEMORANDUM AND ORDER This is an action brought under 42 U. S.C. § 405(g) (the Social Security Act)to review a final decision of the Secretary of Health, Education & Welfare, denying plaintiff’s claim for disability. The case now comes before the court on the parties’ cross motions for summary judgment. Both sides have submitted briefs and the court has concluded that oral argument is not ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The pleadings in this case put in issue the validity and infringement of United States Patent 3,408,306 (herein Boylan II). 1 Plaintiff United States Movidyn Corp. (hereafter Movidyn) seeks a declaration of invalidity. Defendant Hercules Incorporated (hereafter Hercules) by cross-pleading seeks an adjudication of validity and a finding of...
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OPINION AND ORDER This litigation consists of seven private treble damage antitrust actions: four instituted in the Northern District of Illinois and one each in the Eastern District of Michigan, the Eastern District of Pennsylvania and the District of the District of Columbia. The actions were spawned by a criminal indictment and a companion Government civil enforcement action filed in t...
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Approximately sixty-five defendants, charged criminally with acts allegedly done on the Pine Ridge Indian Reservation in the vicinity of Wounded Knee, South Dakota, during early 1973, have moved for dismissal for want of jurisdiction. The single claim is that “the Courts of the United States do not have the power and jurisdiction to judge the guilt or innocence of individuals who are citizens o...
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OPINION This is an application for a writ of habeas corpus brought by the petitioner, Carl Peter Niemann, pursuant to 28 U.S.C. § 2241. Petitioner, a former United States Army Reservist, claims to have been improperly ordered to active duty due to his failure to satisfactorily participate in scheduled Army Reserve drills. Specifically, the petitioner alleges that he received no notice of his in...
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Plaintiff Juan Sanchez Lugo, a former worker in the Illumination Products Industry, brings this action for declaratory and injunctive relief under § 302 of the Taft-Hartley Act (“Act”), 29 U.S.C. § 186, 1 against the Employees Retire *999 ment Fund (“Fund”) of that industry and the trustees thereof, upon the ground that the Fund is not in compliance with the Act. He claims that two aspects of...
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MEMORANDUM This is a class action brought by plaintiffs on behalf of themselves and all other similarly situated persons who retired as players from the National Football League (“NFL”) before 1959. Plaintiffs allege in their four-count amended complaint that, in or about 1962, a pension trust for retired “NFL” players was established pursuant to an agreement between the National Football League ...
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MEMORANDUM OPINION This so-called “short swing profits” case is before the Court on Plaintiff’s Motion for Summary Judgment and the Defendant’s Motion to Dismiss. For the reasons explained below, the Defendant’s Motion to Dismiss is denied and the Plaintiff’s Motion for Summary Judgment is partially granted. Sonics International, Inc. (hereinafter referred to as “Sonics”) is suing its former ...
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*1027 MEMORANDUM OPINION AND ORDER Plaintiff Clifford E. Nelson has brought this derivative and class action suit against Pacific Southwest Airlines (“PSA”), Westgate-California Corporation (“Westgate”), and other defendants. The two motions for summary judgment which currently are at issue involve Causes of Action Four through Eight of plaintiff’s First Amended Complaint. These ...
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RULING ON PLAINTIFF’S MOTION FOR SUPPLEMENTAL RELIEF Plaintiff’s motion for supplemental relief presents in an unusual context questions concerning waiver of Eleventh Amendment protection. In the first stage of this litigation, brought pursuant to 42 U.S.C. § 1983, this Court granted plaintiff’s motion for summary *1247 judgment and entered an order declaring unconstitutional...
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ORDER This is a diversity action to recover for the wrongful death of a woman resulting from her fall from the twenty-first floor of the Hyatt Regency Atlanta hotel. Plaintiffs are the husband and daughter of the decedent. The action is presently before the court on defendant’s motion for summary judgment, which is founded on two undisputed facts, see Local Court R. 91.72: (1) ...
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MEMORANDUM AND ORDER This is a habeas corpus action brought pursuant to 28 U.S.C. §§ 2241, 2242. Petitioner is an inmate at the *726 United States Penitentiary at Leavenworth, Kansas. The Court previously issued an Order to Show Cause which require response to two contentions concerning actions taken by the Board of Parole. Respondent has now filed its answer and return and petitioner has sub...
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OPINION AND ORDER This matter comes before the Court by way of defendants’ motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). Alternatively, defendants’ move for an order pursuant to Fed.R. Civ.P. 56(b), for summary judgment on the ground that there is no genuine issue as to any material fact and that defendants are entitled to judgment as a matter of law. The plaintiff in thi...
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OPINION Defendants S.T. Avenger (“the Avenger”) and its owner Ocean Couriers, Inc. (“Ocean Couriers”) renew their motion made pursuant to 9 U.S.C. § 3 for a stay of these proceedings pending determination of the controversy by arbitration. The earlier motion was denied, this Court stating in a memorandum decision dated December 18, 1973 that there was sufficient question concerning the id...
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*1330 OPINION Plaintiff brings this action under 42 U.S.C., section 1983, for a declaratory judgment and an injunction based upon her non-appointment to the position of policewoman with the New York City Police Department. She alleges that the defendants’ refusal to appoint her was arbitrary and irrational in violation of the due process clause of the Fourteenth Amendment, discri...
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The defendants move to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a. claim upon which relief can be granted pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The defendants are the American Federation of State, County and Municipal Employees, AFL-CIO, District Council # 37, its attorneys, two individual union officials, the...
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MEMORANDUM DECISION AND ORDER Almost three years after the filing of its answer, defendant and third-party plaintiff Arthur Andersen & Co. (“Andersen”) seeks to bring three additional third-party defendants, Aristocrat Angus Ranch, Ben R. Houston and Charles D. Alexander (“the Aristocrat group”) into this action. Because of the time interval between the filing of Andersen’s answer and its motion ...
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OPINION The plaintiffs, in these consolidated actions, on behalf of themselves, and others similarly situated, filed suit challenging those sections of the Rhode Island Unemployment Insurance Act and Temporary Disability Insurance Act, (hereinafter “TDI”) and the administrative procedures thereunder which routinely provided for children’s dependency benefits to unemployed males while requ...
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OPINION This is a civil action wherein the plaintiffs, citizens of Rhode Island, seek to recover damages allegedly sustained by them as a result of a severe stroke suffered by the plaintiff, Sandra Ores-man, on February 25, 1968. Jurisdiction of this action is invoked under the provisions of 28 U.S.C. § 1332. In their complaint the plaintiffs allege that the stroke suffered by said p...
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MEMORANDUM Plaintiffs, former employees of Allied Chemical Corporation (“Allied”), bring this purported class action against Allied and Local 101, Industrial and- Allied Workers (“Local 101”), alleging (1) that they were wrongly discharged by Allied for participating in a work stoppage at Allied’s Chesterfield, Virginia plant located within this Judicial District, and (2) that Local 101 b...
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MEMORANDUM OPINION and ORDER This is an action 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’s claim for old-age insurance benefits on her own account. Her claim was denied on the ground that she lacked the requisite quarters of *128 coverage. To qualify for old-age insurance benefits...
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MEMORANDUM AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION This matter arises upon a motion for preliminary injunction. Plaintiffs, Marie Manhart, Carolyn Mayshack, and other employees of the Los Angeles Department of Water and Power initiated this action against the Los Angeles Department of Water and Power because female employees of the Department are required to make ...
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MEMORANDUM OF OPINION AND ORDER This is a civil action brought by the United States of America pursuant to Section 7405, Int.Rev.Code of 1954, to recover erroneous refunds of income taxes paid to W. Keith and Teresa Woodmansee (“taxpayers”). Federal jurisdiction over the subject matter arises under 28 U.S.C. §§ 1340, 1345. Taxpayers filed a motion to dismiss the complaint for failure to s...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried by the court without a jury. The court has heard and considered all of the evidence adduced and heard argument of counsel. It has further considered the proposed findings of fact and conclusions of law submitted on behalf of each of the three parties by their counsel and the memoranda of the various counsel. The court, being fu...
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MEMORANDUM OPINION AND ORDER This action seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying the plaintiff’s application for widow’s benefits under the provisions of the Black Lung Benefits section of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 801, et seq. Jurisdiction is found under 30 U....
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OPINION ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT On October 8, 1973, the M/V La Molinera was moored alongside the lower berth of the Public Grain Elevator of New Orleans. After the loading of grain commenced, samples revealed the presence of weevils in the grain. Representatives of the New Orleans Board of Trade and representatives of the Department of Agriculture refused to certify...
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MEMORANDUM AND ORDER This is a suit under the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§ 1251-1376 (Supp. II, 1974) involving alleged pollution of the Jones Falls Stream System in Baltimore County and Baltimore City, Maryland. Named as defendants in the original complaint were Russell E. Train, Administrator of the Environmental Protection Agency, Dr. F. Pierce Linaweaver...
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MEMORANDUM AND ORDER DENYING PLAINTIFFS’ MOTIONS FOR ORDER DETERMINING THAT ACTIONS BE MAINTAINED AS CLASS ACTIONS On November 17, 1972, the Judicial Panel on Multidistrict Litigation transferred to this Court, pursuant to 28 U.S.C. § 1407, the following civil actions: W.D. Mo. CENTRAL DISTRICT OF CALIFORNIA Assigned Number 'Southern California Rapid Transit District Alameda-' Contra Costa Transi...
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MEMORANDUM AND ORDER As appears from my previous opinion (369 F.Supp. 474) this is a mutual fault *1191 case not involving a collision. In other words, although the fault of both parties contributed to the accident, defendant was the only one against whom recovery could be had. In these circumstances I felt myself constrained by The Wright (2d Cir. 1940) 109 F.2d 699, 702 to grant pre-judgmen...
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MEMORANDUM AND ORDER In 1950, plaintiff Audrey Wager and her husband Robert, bought a piece of land as tenants by the entireties on East Dorsey Lane, Poughkeepsie. There they built a house in which they lived and raised seven children. In 1967, Robert died and his widow became sole owner of the property today worth some $15,000.00. In 1970, allegedly unemployed and supporting minor childr...
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ORDER Plaintiff alleges that she is the widow of and the Administratrix of the Estate of Edward F. Cinocca, deceased. Edward F. Cinocca allegedly died on December 8, 1971 as a result of the failure of a Mitral Heart Valve Prosthesis which had been implanted in his body in 1968. Said Prosthesis was allegedly manufactured and sold by Surgitool, Inc. (Surgitool). All or substantially all of ...
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MEMORANDUM OPINION This matter is brought before this Court by the motion of defendant C. Burtis Coxe, a Justice of the Peace of “Magesterial District No. 15-03-03 in Chester County, Pennsylvania,” to dismiss a pro se complaint on the ground that he is immune from civil rights actions for damages. Plaintiff alleges that defendant violated his rights under the Fifth and Sixth Amendments to the Cons...
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MEMORANDUM The case has been submitted to the court for its determination upon the following agreed statement of facts: 1. Plaintiff, Alan S. Katz, is a Captain in the United States Air Force Reserves, presently in an inactive status, presently unattached to any Reserve unit, but assigned to the Air Force Reserve Personnel Center, Denver, Colorado. 2. Plaintiff graduated from Oberlin College in 1...
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OPINION AND ORDER This is a civil action for declaratory and injunctive relief pursuant to 42 U.S.C. sec. 1983 and 28 U.S.C. secs. 2201 and 2202. The plaintiffs are needy unwed mothers and children of Rhode Island whose applications for benefits as families with dependent children were denied because of an unwritten informal policy of the Department of Social and Rehabilitative Servi...
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OPINION AND ORDER Patrick Vincent Butler brings this action pursuant to 28 U.S.C. § 2255 attacking his conviction and sentence for a 1968 bank robbery under subsections (a) and (d) of 18 U.S.C. § 2113 which resulted in the imposition by this Court of three concurrent terms of twenty years each. The prisoner is presently incarcerated and in federal custody pursuant to those sentences and therefore ...
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MEMORANDUM AND ORDER On Tuesday, January 13, 1975, the Court conducted a pretrial conference in Chambers on the eve of the scheduled commencement of the trial of this cause. Attorneys were present representing all parties. The following ruling is issued in response to the threshold jurisdictional and abstention questions raised during that conference. To avoid confusion, the Court notes prelimi...
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MEMORANDUM OPINION AND ORDER This civil action, involving federal tax liens, 1 is in the nature of an interpleader. Plaintiff, Short, complains that the controversy between the United States and William M. and Alma Jean Holman leaves him in the position of stakeholder, threatened with law suits by both defendants. Plaintiff entered into a contract with the Holmans on o...
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ORDER DETERMINING LIABILITY FOR DISCRIMINATION A recent trilogy of decisions by the Court of Appeals for the Fifth Circuit 1 has substantially eased the Court’s burden in applying the law to the facts in this action under the equal employment opportunities provisions of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). However, the Court is faced with one s...
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ORDER Defendants Charles Merritts, Sr., and Donald Hodges, currently under a one-count indictment for violations of 18 U. S.C. § 2 and § 1952, have filed Motions to Suppress certain electronic eavesdropping. Merritts is President of the School B&ard District 189, East St. Louis, Illinois. He is charged with causing and Hodges is charged with aiding and abetting Merritts in causing th...
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The Court has, before it a motion to dismiss filed by defendant LaSalle National Bank on November 15, 1974. In this motion LaSalle contends that, in light of 12 U.S.C. § 94, venue is proper as to it only in the federal district wherein it is established or located — in this instance the Northern District of Illinois. Defendant has conceded that the Court may in its discretion transfer the case to ...
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390 F. Supp. 507 (1975) Bobby Joe WREN, Plaintiff, v. Caspar WEINBERGER, Secretary H.E.W., Defendant. Civ. A. No. W-5437. United States District Court, D. Kansas. January 14, 1975. *508 James W. Wilson, Wichita, Kan., for plaintiff. Robert J. Roth, U. S. Atty., Benjamin L. Burgess, Jr., Asst. U. S. Atty., Wichita, Kan., Caroline McB. French, Deputy Regional Atty., Paul P. Cacioppo, Regional Atty....
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before us November 20, 1974, on remand from the United States Court of Appeals for the Fifth Circuit, which by order of April 24, 1974, 493 F.2d 8, affirmed our reinstatement of black principal Sammy Davis, Jr., with full back pay from the date of his dismissal. The Court of Appeals remanded the case for “further consideration” of “...
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MEMORANDUM AND ORDER GRANTING HABEAS CORPUS I. This State prisoner habeas corpus case presents a Fourth Amendment search and seizure question. We find and conclude that petitioner is entitled to relief for reasons we shall state. *422 The parties agree that petitioner has fully exhausted available State court remedies. In the trial court the petitioner filed a pretrial motion to suppress ...
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This is the decision after trial to the Court without a jury of this civil antitrust action. The United States commenced the action on April 2, 1970, charging a violation of Section 7 of the Clayton Antitrust Act (15 U.S.C. § 18; the Act). At that time, the name of defendant was “Healthcare Corporation”. About August 1971, the name was changed to “Healtheo, Inc.”; defendant will be referred to ...
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MEMORANDUM The defendants Standard & Poor’s Corp. (“S&P”) and A. M. Best Co., Inc. (“BEST”) move to dismiss the amended consolidated complaint herein for failure to state a claim against them upon which relief can be granted, Fed. R.Civ.P. 12(b)(6), for summary judgment on the ground that there is no genuine issue of material fact, Rule 56, to dismiss on the ground that the complaint is n...
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OPINION This class action was settled pursuant to the terms of an agreement, notice of which was given to all interested shareholders, and which was approved by this court after a hearing. Familiarity is assumed with the court’s opinion approving the proposed settlement. 1 Under its terms, in the event 100% of the shareholders entitled to participate therein filed claims, the m...
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*477 MEMORANDUM Sidney Offer, Esq., a member of the bar of the Southern District of New York, makes a claim under the Criminal Justice Act of 1964, as amended, 18 U.S.C. § 3006A(d)(3), for fees and expenses in the amount of $1,537.00, for extended and complex representation of Nicholas Hildebrandt, a defendant tried before us and convicted by a jury of conspiracy to violate the federal narcot...
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MEMORANDUM OPINION AND ORDER These consolidated suits which have been filed pursuant to the Interstate Land Sales Full Disclosure Act, 15 U.S. C. § 1701 et seq. (“the Act”)' are presently before the court for decision on the motion of plaintiffs for class action certification under Rule 23(c)(1) of the Federal Rules of Civil Procedure. The background to this suit as appears from plaintiffs’ amend...
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DECISION AND ORDER This is a criminal tax case in which the defendant Rocco Youse is charged in a multicount indictment with violations of § 7201 of the Internal Revenue Code for the calendar years 1968, 1969, and 1970 in connection with his individual income tax returns and those of Del Chemical Corporation of Nevada and the Del Chemical Corporation of Wisconsin. Defendant Youse has file...
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ORDER In the above entitled cause, this Court on January 24, 1973, denied petitioner’s petition in forma pauperis for writ of habeas corpus, pursuant to Title 28 U.S. C. § 2254. In due course the order of this Court was appealed, and on March 19, 1974, the United States Court of Appeals for the Ninth Circuit reversed and remanded. Apparently the problem with which the Appellate Court was concerned...
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ORDER This is an action instituted for the refund of certain taxes paid by plaintiffs in connection with their employment by the Seaboard Coast Line Railroad. It is alleged that, prior to January 31, 1974, all of the plaintiffs were employed by the railroad, and that they each paid the employee’s taxes under the Railroad Retirement Tax Act, Int.Rev.Code of 1954, secs. 3201-3233. After that date...
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MEMORANDUM OF DECISION This is a civil rights action based on conduct arising out of mistaken identity. The defendants have moved to dismiss the amended complaint on the ground that it fails to state a claim upon which relief can be granted. The amended complaint contains, among others, the following allegations: On April 28, 1974, plaintiffs Lewis Hobby and Terry Bell were sitt...
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MEMORANDUM DECISION This civil rights action, which is brought pursuant to 42 U.S.C. § 1983, asks that the Court declare unconstitutional and enjoin the enforcement of a panoply of sections contained in Article •19 of the New York Judiciary Law, McKinney’s Consol.Laws, c. 30 (New York Judiciary Law §§ 756, 757, 765, 767, 769, 770-775) as being in derogation of the due process and equal protection...
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OPINION Petitioner, Harold Konigsberg, is presently serving a sentence at Green Haven Correctional Facility, Stormville, New York. After a trial by jury in the Supreme Court of New York, New York County, (Gellinoff, J.), he was convicted on April 10, 1967 of conspiracy to commit extortion and four substantive counts of extortion. A multiple offender, he was given concurrent sentences of twenty ...
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MEMORANDUM AND ORDER Plaintiff pro se commenced this action under the Noise Control Act of 1972 (“the Act”), P.L. 92-574 § 12, 42 U.S.C. § 4911, seeking in effect mandatory injunctive relief against the defend *447 ant Administrator of the Federal Aviation Administration (Administrator). The defendant has moved to dismiss the complaint for failure to state a claim ...
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*646 MEMORANDUM OPINION This action came on for hearing by the Court on December 20, 1974, on the plaintiff’s motion for partial summary judgment and declaratory relief. Counsel for the plaintiff and defendant were present, as well as counsel from the Attorney General’s Office of the State of North Carolina, defendant-intervenor. The plaintiff claims damages resulting from the sa...
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MEMORANDUM AND ORDER Lawrence R. Minor, Russell Howard Dorsey, Jr., and Dewey Lee Jackson, Jr. were indicted for the armed robbery of the First Federal Savings and Loan Association of Pittsburgh, -831 Warrington Avenue, on the 3rd day of September, 1974. Dorsey and Jackson each moved to suppress admissions made to the police. After a hearing held on January 6th and 7th, 1975, in which the witnesse...
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MEMORANDUM AND ORDER In this personal injury suit, following a jury verdict on the question of liability in favor of the plaintiff and against all the defendants, the defendants have moved for a Judgment Notwithstanding The Verdict or in the alternative for a New Trial. After carefully considering the grounds urged by the defendants, the Court has determined that it must deny the motions. The inj...
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MEMORANDUM ORDER Beginning in the early 1960’s, a number of Virginia counties, with an affirming nod from the State Legislature, were chartered as fully operative cities. Thus Norfolk County became the City of Chesapeake, Warwick County was totally absorbed by the City of Newport News, and the entire Princess Anne County, in a similar change of posture, on January 1, 1973, became the City of Virg...
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MEMORANDUM OPINION AND ORDER IN LIMINE Plaintiff has brought this action under the wrongful death statute, as amended April 29, 1974, in her capacity as Administratrix of her deceased husband’s estate. The ad damnum clause of the complaint seeks to recover for the benefit of the decedent’s survivors and estate all damages as specified in Title 5, Chapter 5 of the Virgin Islands *124Code. The compl...
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Defendant has moved this Court to vacate its judgment entered in this cause on December 16,1974. This case came for trial on November 15, 1974, but neither defendant nor counsel for defendant appeared. I proceeded with the trial, found for plaintiff on liability and assessed damages. Defendant bases his motion on Fed. R. Civ. P. 60 (b) (1) argu*336ing that the negligence of his attorney in not app...
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MEMORANDUM OPINION This matter is before the Court for decision on the issue of damages after trial of the facts concerning damages. This Court previously found the United States liable in tort to the Plaintiff Black by granting partial summary judgment for Plaintiff on theories of trespass, invasion of privacy by intrusion, invasion of privacy by publication, and violation of Constitutional ri...
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RULING ON RESPONDENT’S MOTION TO VACATE NOTICES OF DEPOSITION AND TO QUASH THE SUBPOENA DUCES TECUM DIRECTED TO ARNOLD MAR-KLE> STATE’S ATTORNEY The petitioners in these companion habeas corpus cases challenge their state court convictions on charges of rape, indecent assault, sodomy, robbery with violence and aggravated assault.1 The two principal issues developed in their petitions are based ...
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The plaintiff, Cross Country Insurance Agency, Inc. has now moved for a summary judgment declaring the Underwriting Manager’s Agreement, dated January 4, 1971, illegal because it is in violation of Section 626.581, Florida Statutes. The threshold question is whether such statute governs the subject agreement. The- issue of the applicability of this statute was extensively briefed for both parties ...
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MEMORANDUM OPINION On October 3, 1974, the United States of America instituted this action on behalf of military personnel stationed at Chanute Air Force Base in Rantoul, Illinois who reside in mobile homes located in Champaign County, Illinois. The plaintiff seeks from this Court: (1) a declaratory judgment that the provisions of Section 514 of the Soldiers’ and Sailors’ Civil Relief Act...
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MEMORANDUM Plaintiff seeks review of a final decision of the Secretary of Health, Education and Welfare, made after a hearing to which she was a party, denying her widow’s black lung benefits under Title IV of the Federal Coal Mine Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901 et seq., hereinafter referred to as the Act. The action is timely and pursuant...
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DECISION ON APPEAL OF ORDER ON DISCHARGEABILITY COMPLAINT OF CREDITOR G. A. C. FINANCE CORPORATION The creditor, G.A.C. Finance Corporation has appealed an Order of the Bankruptcy Judge entered in this action on August 6, 1974, determining that the indebtedness of the bankrupts to G.A.C. was a dischargeable obligation at the time of bankruptcy. The files and records reflect that Ellen and Gar...
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This action for a declaratory judgment involves the construction of an insurance contract and, specifically, the scope of the defendant insurance company’s duty to provide a legal defense under that contract. The plaintiff, The Riviera Beach Volunteer Fire Company, Inc. (hereinafter “Riviera Beach”), a corporation organized under the laws of the State of Maryland, initiated this action on March...
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OPINION AND ORDER This petition is brought under the Civil Rights Act, 42 U.S.C., Section 1983, for declaratory, injunctive, and compensatory relief by 17 inmates of the Massachusetts Correctional Institution, Norfolk, a medium security state prison operated by the Massachusetts Department of Correction. They allege, in substance, that they have been reclassified into substantially more adverse...
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OPINION AND ORDER In late 1970, the National Union Electronics Corporation (NUE) instituted an action in the District of New Jersey against seven major Japanese manufacturers of television receivers and their American affiliates. In September 1974, the Zenith Radio Corporation filed an action in the Eastern District of Pennsylvania against all of the defendants originally named by NUE, pl...
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ORDER These eases have been considered together with respect to the motions to dismiss filed by defendants. Plaintiffs are owners of real property subject to the jurisdiction of the Tahoe Regional Planning Agency (hereinafter “TRPA”). TRPA is the product of the Tahoe Regional Planning Compact approved by Congress 1 and ratified by Nevada 2 and California 3...
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MEMORANDUM OPINION The subject of this opinion arises from eight separate actions 1 by the *841 United States in which the United States is condemning various estates. The land condemned is to be used in connection with the White Sands Missile Range in south central New Mexico. It is imperative from the outset that it be made clear that these actions involve the taking of property by the ...
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*895MEMORANDUM OPINION A Petition For Habeas Corpus was filed in this case by George W. Coates. Originally he named the State of New Mexico as respondent but by an order of the Court the respondent was changed to Felix Rodriguez, who is the Warden of the State Penitentiary. The petitioner at this time is serving a sentence in Florida. There is a detainer pending against him from the State of New M...
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MEMORANDUM Three of the nine defendants named in this suit — Elmer Slavik, Donald Slavik and George D. Millay — have moved for an order certifying a previous order of this Court dated March 4, 1974 as one appropriate for interlocutory appeal under 28 U.S.C. § 1292(b). Although the Court believes that certification of its previous order would not be justified,1 the Court has determined that it was...
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OPINION The defendant was charged with willfully failing to file personal and corporate income tax returns for a three year period in violation of 26 U.S.C. § 7203. After a two-day trial without a jury I found defendant guilty on all six counts of the information. Before me are his post-trial motions. 1 Francis J. Ettorre, during the years in question, 1969, 1970, and 1971, was a certified ...
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OPINION IN LIEU OF FORMAL FINDINGS This is an action upon a title insurance policy. On the 22nd of May 1964, Carl Elliott, Sr. and his wife Jane H. Elliott executed a mortgage to the plaintiff, Madison National Bank, securing a loan of $150,000.00. The mortgage covered 571 acres in Franklin County, Alabama, in nine parcels. On the 15th day of June 1964, the defendant issued its title poli...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Defendants Charles Miller and Michael Lieber are charged in a nine-count indictment with violating various provisions of the Comprehensive Drug Abuse Prevention and Control Act by allegedly possessing with the intent to distribute, distributing and conspiring to possess and distribute quantities of hashish oil and cocaine. In addition, in Count Five they ...
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ORDER AND OPINION This is a suit based on certain promissory notes executed by the primary obligor, Sunnyhill Research & Manufacturing Company (hereinafter referred to as SMAC or Sunnyhill, its successor in interest and now a bankrupt), in favor of the plaintiff and guaranteed by the defendant P. L. Snyder, a principal in SMAC. Involved in this case is the question of the effect of a plan of arra...
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MEMORANDUM OPINION ’Tis known by the name of perseverance in a good cause — and obstinacy in a bad one. —Laurence Sterne At approximately 11:30 on the night of September 26, 1970, Virgil Luke, a Mississippi highway patrolman, arrested Charles T. Scarborough, a Starkville resident, on a charge of driving an automobile while under the influence of intoxicating liquor, as Scarborou...
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OPINION AND ORDER On November 17, 1972, the plaintiff (hereinafter “consumer”) was convicted in a federal court, following a plea of guilty, of a violation of 18 U.S.C. § 641 (theft of government property). He was sentenced under the Youth Corrections Act. 18 U.S.C. § 5005 et seq. The imposition of sentence was suspended and he was placed on probation for one year. Prior to the expiration of th...
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OPINION AND ORDER On June 18, 1969, a truck pulling a trailer crashed into an embankment near Alamagordo, New Mexico. As a result of the crash, one of the occupants was killed and the other severely injured. The survivor and the wife of the deceased ' occupant each filed a separate lawsuit in the Western District of Oklahoma in June of 1972 against Freightliner Corporation, the manufactur...
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OPINION AND ORDER Eight plaintiffs originally filed an action in a Georgia state court against Dobson and Johnson, Inc. and the Third National Bank of Nashville, Tennessee. The action was later removed to the Northern District of Georgia where defendant Third National Bank was dismissed on grounds of improper venue pursuant to the bank venue statute, 12 U.S.C. § 94. In order to overcome the bank v...
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OPINION AND ORDER While traveling through Connecticut en route to Boston, Massachusetts, the automobile driven by Paul Franklin and occupied by his wife and two daughers crashed into a truck. The driver of the truck allegedly stopped in the travelled portion of the highway after a third vehicle, which had previously gone out of control, came across the highway. Paul Franklin and his wife ...
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OPINION This is an action in admiralty to recover damages arising from injury to cargo. Plaintiff, a New York corporation engaged in the distribution of produce, fresh fruits, and vegetables, was the consignee of a shipment of chestnuts under bill of lading No. 28 issued by defendant Hellenic Lines, Ltd., and dated October 24, 1972. Defendant, a Greek corporation, was at all material times the op...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action by plaintiff to recover from defendant United States of America the sum of $12,333, a fine imposed by the Italian courts upon plaintiff for its failure to pay customs duties upon a shipment of tobacco and cigarettes consigned by defendant to the United States Naval Support Activity and intended for use by NATO for...
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MEMORANDUM AND ORDER This case concerns the proper relationship between federal courts and state administrative procedures in the resolution and enforcement of an individual’s rights to equal employment opportunities under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, 42 U.S.C. § 2000e et seq. On September 10, 1969, plaintiff filed a complaint with the New York State Divis...
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MEMORANDUM AND ORDER On November 14, 1974, this court, on ' its own motion, dismissed the above-entitled criminal indictment as to all four defendants.1 At that time, the court noted that the government had informally announced its intention to nolle prosequi the counts against defendant Niedelman, and that, as to the other defendants, the government had “neither filed a notice of readiness nor sh...
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MEMORANDUM The federal officers alluded to as defendants have moved to dismiss the pro se complaint herein pursuant to Rule 12(b) for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. The gravamen of the complaint 1 appears to be that the federal prosecutor identified by name in the complaint violated plaintiff’s Fifth and Eighth Amendm...
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MEMORANDUM AND ORDER This is a timely appeal filed by the International Brotherhood of Electrical Workers, Local 1466 (“IBEW Local 1466”) from the Decision and Order (Pay Board Control No. 10000) of the Chairman of the Pay Board, Executive Office of the President, dated February 22, 1973. Jurisdiction of the Court is authorized under § 211 of the Economic Stabilization Act (“Act”), which is set o...
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ORDER This is a proceeding for a writ of habeas corpus by a prisoner who is presently incarcerated in the Oklahoma County Jail in the custody of the respondent awaiting a second trial in Case No. CRF-73-2426, District Court of Oklahoma County, State of Oklahoma, for the offense of First Degree Murder now docketed for January 13, 1975. He claims to be tried again for this offense would violate h...
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OPINION This case returns to the Court after being remanded to the Judicial Officer of the Department of Agriculture for a ruling as to whether there was substantial evidence to support a new milk-pricing system ordered for the Delaware Valley. Following a hearing in June, 1969, the Acting Secretary of Agriculture on August 20, 1969, abolished “bracketed pricing” of milk in Federal M...
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OPINION INTRODUCTION Pursuant to 42 U.S.C. § 1983 (1970), plaintiff, Walter A. Burgess, brought this civil rights action, alleging that defendants deprived him of rights secured to him by the Fifth, Eighth and Fourteenth Amendments of the Constitution of the United States by detaining him in prison for six days after they had decided to release him. The individual defendants were or ...
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MEMORANDUM AND ORDER In this personal injury action, the jury, in answer to interrogatories, found that plaintiff, William H. Hard, had failed to prove that the defendant, Zane D. Stevens, was negligent and that his negligence was a proximate cause of the accident.1 William H. Hard has moved for a new trial. After carefully considering the grounds urged by the plaintiff Hard, the Court has determ...
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ORDER ON DEFENDANT’S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(7). STATEMENT OF FACTS Plaintiffs herein are trustees of TriSouth Mortgage Investors, a business trust organized under the laws of Massachusetts and having its principal office in Atlanta, Georgia. A named trustee is a resident of South Carolina; none of the trustees reside in Florida. The defendant, Ernest ...
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(concurring): I am in full agreement with the result the court reaches. My reasons differ significantly, however. Consequently, I set forth my views separately, addressing first the mootness issue1 and then the constitutional questions.2 I. MOOTNESS My colleagues hold that the case is not moot because the precipating incident is “capable of repetition, yet evading review,” 3 and because collateral...
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OPINION This case is before the Court on Cross-Motions for Summary Judgment.* Since the facts of this case and the issues raised are substantially parallel to those in Medynski v. Margolis, 389 F. Supp. 743 (D.D.C.1975), the two cases have been considered together. Plaintiff David Barrows alleges, as did Elsie Medynski, that the procedure for involuntary detention and commitment of mentally ill pe...
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MEMORANDUM OPINION Plaintiff Sinton Rumahorbo, a native and citizen of Indonesia, brings this action against the Secretary of Labor. He alleges that defendant’s denial of his application for a labor certification as a prerequisite to the issuance of an alien visa was an abuse of discretion and contrary to Section 212(a) (14) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (14).. This...
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RULING ON MOTION TO COMPEL ORAL DEPOSITIONS Creating yet another pretrial wrangle in this dispute, the plaintiffs’ counsel, Sidney Silverman, treated ITT’s notices of the depositions of Marvin A. Chirelstein and Martin J. Whitman “as though they were never received.” Silverman’s position was and is that Chirelstein and Whitman are experts whom the plaintiffs expect to testify at trial and that as...
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RULING ON DEFENDANT’S MOTION TO DISMISS This is an action seeking damages from the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1970) for injuries which the plaintiff alleges that he sustained as a consequence of being shot in the back by *540 a Marine guard at the United States Marine Reserve Center in Hartford. The defendant moves to dismiss the action on the gro...
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ORDER This matter is before the court on defendant’s resisted motion to dismiss filed pursuant to Rule 12(b)(6), F.R. Civ.P., on November 12,1974. Plaintiff instituted this action under Title VII of the Civil Rights Act of 1964,. as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e et seq. (Supp. II, 1972). The crux of plaintiff’s claim is that by being denie...
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Defendant Reynolds Securities, Inc. has moved under Rule 12(b)(6) to dismiss all four counts of the plaintiff’s *255 complaint. Count I is brought under Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. Sec. 78j. Counts II and III are brought under Sections 12(2) and 17 of the Securities Act of 1933, 15 U.S.C.' Sec. 771(2) and 77q. Count IY charges the defendant w...
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I. Background of the Litigation In June of 1974 the Securities and Exchange Commission filed an enforcement action in the Eastern District of Virginia against Robert Dale Johnson, Ridge Associates & Co., John D. Schrott, Jr., Vortex Corporation, Resource Evaluation and Development, Inc., Canal Corporation, James L. Phillips and five other individuals. The SEC alleges that all defendants violated t...
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OPINION Plaintiffs bring this action to recover federal income taxes and interest in the amount of $45.22, which they allege were illegally assessed and collected. Jurisdiction is based on 28 U.S.C. § 1346. The issue is whether during the taxable year 1972 plaintiffs were entitled by 26 U.S.C. § 162 to deductions (“§ 162 deductions”) for expenses made in connection with the maintenance and us...
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OPINION This áction and the presently pending motion for summary judgment by defendant Bethlehem Steel Corporation and the cross-motion for partial summary judgment as to liability by plaintiff Sound Ship Building Corporation concern the issue of the validity, under § 1 of the Sherman Act, 15 U.S.C. § 1, of a covenant between buyer and seller restricting for a 20-year period the uses to w...
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ORDER This action arises from an alleged conversion of Plaintiffs’ airplane by Defendant. The plane had been left with Defendant by Plaintiffs for repair of some of its radios. The aircraft was damaged by a crash after the alleged conversion and while being flown by Defendant. Jurisdiction is based on diversity and jurisdictional amount. After the case was at issue, Defendant made an Application f...
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MEMORANDUM This is a diversity interpleader action filed by Old Republic Insurance Company seeking a determination whether Cathy Grimes Christian is entitled to share with three minor defendants workmen’s compensation benefits arising out of the work-related death of the deceased, Dallas Ray Christian. 28 U. S.C. § 1335(a)(1). The principal question presented to the Court is the matrimoni...
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MEMORANDUM OPINION AND CERTIFICATE By answer of December 16, 1974 herein, the respondent undertook to show cause why the federal writ of habeas corpus should not be granted herein. Therein, the respondent conceded that these applicants for such writ exhausted their state remedies. 28 U.S.C. § 2254 (b). The remaining claim of the applicants, see order herein of December 4, 1974, relates to the...
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OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT STATEMENT OF CASE The plaintiffs charge the defendants with a conspiracy to defraud them in connection with the sale of their stock in Coastal United Enterprises, Inc., a Florida corporation (“Coastal”), in violation of the Securities Act of 1934 and Rule 10b-5 adopted pursuant thereto. [15 U.S.C. § 78Kb)] Rule 10b-...
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*1304 MEMORANDUM OPINION The plaintiff seeks to enjoin the enforcement of Sections 3401-3405, Title 38, U.S.C., which limits the fees payable to agents and attorneys and provides for criminal sanctions for violation thereof. It is plaintiff’s contention that the $10 fee limitation for agent or attorney imposed by § 3404 for the preparation, presentation and prosecution of claims under laws ad...
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The Foster Construction (Panama) S. A. petitioned to redocket the case and to obtain a declaratory judgment further interpreting the stipulation of settlement entered into herein on April 30, 1970 and the judgment approving the stipulation and the supplemented judgment entered into on August 15, 1972. The issue being whether the petitioner was the owner of certain additional compensation due for w...
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OPINION AND ORDER This action was commenced, pursuant to 29 U.S.C. § 185 (Labor Management Relations Act § 301) on January 25, 1974. By their complaint, plaintiffs allege that defendant executed four separate collective bargaining agreements with the Carpenters District Council of Denver and Vicinity respectively on or about November 11, 1968, June 13, 1969, August 26, 1969, and October 2...
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ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION This cause came before the Court on the plaintiff’s Motion for a Preliminary Injunction, and, after hearing testimony of the plaintiff and Carl La Marca, reviewing the memoranda of law from counsel and hearing argument, the Court is prepared to rule. The plaintiff’s counsel has made a request for detailed findings of fact and con...
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DECISION Plaintiff, AVEMCO Insurance Company (AVEMCO), first issued an aviation insurance policy to Dr. Robert C. H. Chung on his 1959 Beech G-50 aircraft in December 1967. Dr. Chung thereafter annually renewed his insurance coverage with AVEMCO. AVEMCO’s policy for the December 1972 to December 1973 policy year was extant, 1 when on May 20, 1973, the insured aircraft crashed n...
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OPINION This case arises on a post-judgment petition for an injunction pursuant to the All Writs Act, 28 U.S.C.A. § 1651, which gives federal courts the power to issue all writs necessary or appropriate in aid of their jurisdiction. Petitioners, who were plaintiffs in the original Castro v. Beecher ease, seek, inter alia, an injunction enjoining the Civil Service Commission and twenty-seven M...
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ORDER GRANTING PETITIONER LEAVE TO PROCEED IN FOR-MA PAUPERIS AND FINAL JUDGMENT DENYING PETITIONER’S MOTION UNDER SECTION 2255, TITLE 28, UNITED STATES CODE This is a motion under Section 2255, Title 28, United States Code, to vacate and set aside three judgments of convictions and sentences by a federal prisoner presently in custody under the challenged sentences at the United States Penitent...
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ORDER ON MOTION TO VACATE AND RESENTENCE OR TO AMEND SENTENCE Defendant was found guilty on March 9, 1972, for failure to report for and submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a). On April 7, 1972, defendant was sentenced and placed on probation for a period of three years. As a special condition of probation, he was required to work in a recognized hospital...
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OPINION The plaintiff United States has moved for leave to amend its complaint, filed January 17, 1969, in this civil antitrust action. The gravamen of the original complaint is that defendant International Business Machines Corporation (“IBM”) “has attempted to monopolize and has monopolized . . . interstate trade and commerce in general purpose digital computers in violation of Section 2 of the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action came on for hearing before the Court on August 23, 1974, on cross motions by the parties for summary judgment. The plaintiff, Courtaulds North America, Inc., (Courtaulds), is seeking damages in the amount of $67,346.77, plus interest, from the defendant, Noi’th Carolina National Bank (NCNB) for the defendant’s failure to honor an irrevoc...
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MEMORANDUM OF DECISION AND ORDER STATEMENT OF THE CASE Plaintiff has sued to recover $27,227.-89 of federal taxes and interest for its taxable year ended March 31, 1968, together with statutory interest. A deficiency had been determined by the Internal Revenue Service, and an additional tax assessment was made on the plaintiff for the fiscal year ending March 31, 1968. Payment of the additional ta...
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MEMORANDUM This is a proceeding upon a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 wherein the petitioner seeks to vacate a conviction and 10 year sentence for armed robbery in the case entitled “State of Tennessee v. Charles Edward Cox,” Docket No. 119,344 in the Criminal Court for Hamilton County, Tennessee. This action was originally filed against the Sheriff of Hami...
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MEMORANDUM-ORDER This matter came before the Court on the motion of both defendants to dismiss this action or, in the alternative, for summary. judgment. Since the motion filed relies on affidavits and other materials going beyond the pleadings in the case, the Court will treat it as a motion for summary judgment. I. Undisputed Facts. The facts giving rise to this case are completely undi...
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OPINION This is a civil action brought pursuant to 35 U.S.C.A. § 281 for alleged infringement of United States Patent No. 3,583,888. Jurisdiction is based on 28 U.S.C.A. § 1338(a) and 28 U.S.C.A. § 1400(b). Plaintiff Shanklin Corporation and defendant Springfield Photo Mount Company are Massachusetts corporations. The patent in suit was issued on June 8, 1971, on the basis of an application filed ...
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This copyright infringement action was tried to the Court without a jury. After consideration of the facts presented and the law applicable thereto, the Court finds for the defendant and dismisses the complaint. The plaintiffs herein, Rebecca Reyher and Ruth Gannett, the copyright holders, and respectively the author and illustrator of a children’s book entitled, “My Mother Is the Most Bea...
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FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW This matter is before the Court following trial, presentation of evidence and testimony, and the submission of posttrial memoranda. Plaintiff seeks recovery for asserted violations by defendant of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and violations of the Civil Rights Act of 1866, 42 U.S. C. § 1981. In accordance with Rule 52...
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ORDER Upon consideration of Defendants’ Motion To Dismiss, the Court finds and concludes that the same should be granted. The claims asserted by the Plaintiff are alleged to arise under Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(a), 1 a fortiori Securities and Exchange Commission Rule 14 (a)-9, 17 CFR § 240.14a-9, promulgated thereunder. 2 3 Prior to September...
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OPINION This civil action for damages is based on a contract entered into in 1966 by plaintiffs and Joseph M. Lasher with a wholly-owned subsidiary of the defendant named Chemlime Corporation (Chem-lime). Plaintiffs are four brothers, all citizens of the State of Ohio. The defendant is incorporated in the State of Delaware and maintains its principal place of business in Illinois. Th...
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OPINION This civil rights action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., as amended by § 717 of the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16, comes before the court on defendant’s motion for summary judgment. Plaintiff, a former nurse anesthetist for the Veterans Administration, alleges that she was discharged because of racial ...
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MEMORANDUM OPINION This is a suit for the refund of some $20,000 assessed as a 100 percent penalty under § 6672 of the Internal Revenue Code of 1954 (26 U.S.C. § 6672). The taxpayer-plaintiff argues that he is not liable for the tax because the Internal Revenue Service made a clerical error on certain forms it mailed him, which incorrectly stated the name of the corporation that had faile...
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Memorandum Opinion In this suit in equity the plaintiff, Jim Lendall, complains that he was unconstitutionally denied the opportunity of running as an independent candidate for a seat in the Arkansas Legislature in the general election that was held on November 5, 1974. He challenges the qualification requirement for independent candidates for State, district, county, and township offices whi...
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ORDER This cause came on for hearing on the 17th day of December 1974, on the plaintiff’s Motion for Summary Judgment filed herein on 21 August 1974. The Court heard argument of counsel for the plaintiff and the defendants and has considered the briefs submitted m support of and in opposition to the motion. The pleadings, the Pre-trial Stipulation, and the depositions on file establish, witho...
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MEMORANDUM OPINION AND ORDER I. BACKGROUND OF THE CASE This case involves a controversy between the franchisor and franchisee of a truck dealership. On April 24, 1973, the franchisor, International Harvester Company (“Harvester”), a Delaware corporation, with its principal place of business in Chicago, Illinois, and the franchisee, East Coast Truck & R. V. Sales, Inc. (“East Coast”),...
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OPINION The defendant Anthony Cave Brown, a British journalist, applied for and received a credit card from the plaintiff *237 American Express Company. Brown failed to pay certain charges and American Express employed English lawyers to collect the amount due. The lawyers contacted Brown, who had by that time moved to the United States. In a letter dated May 15, 1972, B...
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OPINION AND ORDER The plaintiff in this action, BarberScotia College, Inc. (“Barber-Scotia”), contracted with Central Brooklyn Model Cities (“CBMC”) to make available Barber-Scotia’s North Carolina campus for a summer educational program in 1972. Pursuant to the agreement, CBMC sent more than 200 students and faculty members to Barber-Scotia from June 28, 1972 until August 18, 1972. This suit was ...
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OPINION This court, on December 23, 1974, denied petitioner’s motion made pursuant to 28 U.S.C., section 2255, to vacate a judgment of conviction entered on March 15, 1972, for violation of federal narcotics laws, pursuant to which he is now serving a five-year sentence at the United States Penitentiary in Atlanta, Georgia. There is now before the court another petition by him for a writ of habeas...
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ORDER Plaintiff filed this action seeking damages for alleged violations of Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(a), and Securities and Exchange Commission Rule 14(a)-9, 19 CFR 240-14(a)-9, promulgated thereunder. The Court has sustained Defendants’ Motion To Dismiss for failure to state a claim upon which relief can be granted. Defendants have filed herein a Moti...
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OPINION Francisco Jose Romano was convicted at a trial without a jury of possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841(a). Before me is Romano’s motion for a new trial based upon my refusal to suppress his statements and the fruits of a search made of the premises in which he lived. On July 9, 1974, a United States Customs officer discovered seventy gra...
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OPINION Plaintiff brought this action to review a final decision by the Secretary of Health, Education and Welfare which denied disability benefits provided by section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Before me is a motion by the Secretary for summary judgment and a motion of plaintiff to remand for the receipt of additional evidence and the making of further fi...
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*360OPINION I In this, a wrongful death action based on diversity jurisdiction, defendant Volkswagen of America has renewed its motion for summary judgment and/or judgment on the pleadings. On January 16, 1969, plaintiff’s decedent, Robert J. Hardy, Jr., while driving his 1962 Volkswagen sedan on U.S. Route 40 in Elmgrove, West Virginia, collided with a concrete bridge abutment that was situated j...
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MEMORANDUM This is a condemnation action initiated by the Tennessee Valley Authority pursuant to Title 16 U.S.C. §§ 831-831dd for the taking of defendants’ property in connection with the construction, operation, and maintenance of the Tellico Dam and Reservoir Project. T.V.A. filed this action on November 12, 1974, at which time, pursuant to a written contract between the parties, it deposited in...
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OPINION This appeal from an order of the bankruptcy judge denying appellant’s claim for $1,052.08 turns on the meaning of the words “paid in full” in § 57 sub. n of the Bankruptcy Act, 11 U.S. C. § 93(n), which reads in part: When in any case all claims which have been duly allowed have been paid in full, claims not filed within the time hereinabove prescribed may nevertheless be filed within such...
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OPINION The defendant was indicted on July 10, 1974, for conspiring to distribute cocaine, for possessing cocaine with the intent to distribute, and for distributing cocaine. 21 U.S.C. § 841 and § 846 (1972). The defendant has moved this court to suppress the introduction into evidence of certain materials seized from him in what he alleges was an illegal search of himself, and of his car...
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MEMORANDUM OF OPINION AND ORDER In 1970 Dr. Susan Regan McKillop was denied tenure in the Art Department of the University of California at Davis. She now challenges that denial, setting forth essentially two claims: first, that the University, in denying her tenure, discriminated against her on the basis of her sex in violation of the United States Constitution and certain federal statutes, an...
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MEMORANDUM AND ORDER This is an action seeking damages and declaratory or injunctive relief for alleged deprivation of plaintiff’s constitutional rights under the First, Fourth and Fifth Amendments,1 mental suffering, and humiliation resulting from his arrest on January 20, 1973, Inauguration Day, in the vicinity of Jackson Place and H *54Street, N.W., in the District of Columbia. Plaintiff state...
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MEMORANDUM OPINION This is a habeas corpus proceeding. Petitioner, a black, was indicted by an all white grand jury for the armed robbery of a liquor store in Kent County, Delaware. Counsel was appointed from the public defender’s office. Petitioner was tried and convicted by an all white petit jury. At trial, after several of the potential jurors had already been seated, petitioner asked his coun...
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OPINION ON MOTION TO MAINTAIN CLASS ACTION Henry Hoston, Jr., was employed by U. S. Gypsum in 1963. He worked for that company until 1973, when he was discharged, allegedly for poor work practices and insubordination. On May 5, 1973, he filed a charge with the EEOC contending he had been a victim of racial discrimination. After waiting almost a year for action, Hoston requested his notice of a ri...
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MEMORANDUM and ORDER The plaintiff moves for an order pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, striking the Fifth, Sixth, and Seventh defenses interposed by the defendant, Moore-McCormack Lines, Inc. The defendant cross-moves for an order pursuant to said Rule 12(f) striking a portion of paragraph Ninth of the complaint, alleging jurisdiction predicated upon diversity of ci...
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MEMORANDUM AND ORDER In May 1974, plaintiff Richard Reitzer allegedly sold a quantity of narcotic drugs in New York City to an undercover federal narcotics agent. Reitzer now moves this Court (1) to enjoin the State of New York from prosecuting him under a New York State indictment alleging the said sale, and (2) to convene a three-judge Court pursuant to 28 U.S.C. *275§ 2284 to declare the New Yo...
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OPINION AND ORDER Defendants in this action move for an order dismissing the complaint of plaintiff John Lennon for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P., Rule 12(b)(6) or alternatively for an order granting them judgment on the pleadings pursuant to Fed.R.Civ.P., Rule 12(c). 1 The facts pertaining to this action are contained in my ...
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OPINION Plaintiffs, for the able and effective work of their counsel in bringing this *542action and conducting it to and beyond the consent decree dated August 29, 1974,1 seek an award of attorneys’ fees. Plaintiffs are Puerto Rican parents, public school children, and two non-profit corporations organized “to develop the intellectual and creative capacity of Puerto Ricans * * * by motivating [t...
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MEMORANDUM OPINION The plaintiff Mr. McCloud claims the defendants subjected him, or caused him to be subjected, to the deprivation of his right to be secure in his home against an unreasonable search, Constitution, Fourth Amendment, and to the deprivation of his right not to be deprived of his liberty without due process of law, Constitution, Fourteenth Amendment. 42 U.S.C. § 1983. This Court has...
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ORDER It appearing from the respective petitions for removal in each of these actions that each was removed on December 23, 1974,1 2more than 30 days after receipt by the defendants, through substituted service, of copies of the respective initial pleadings herein setting *104forth the respective plaintiffs’ respective claims for relief upon which each such action is based, 28 U.S.C. § 1446(b)-; ...
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MEMORANDUM AND ORDER This is a case of first impression in this Circuit, dealing with the issue of whether a successor company may be held liable for the unlawful employment practices of its predecessor. The facts appear to be undisputed. In the latter part of 1971, plaintiff was discharged by the corporation then known as The Mosher Steel Company and as a result, filed charges with the E...
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MEMORANDUM OF DECISION This is a motion for summary judgment by the plaintiffs in a lawsuit challenging the constitutionality of the Connecticut Department of Welfare’s refusal to reimburse welfare recipients for the expense of an abortion, absent a prior showing that the abortion is necessary to preserve the physical or psychiatric health of the woman. The state originally defended its policy ...
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ORDER DENYING SUPPRESSION Defendant Mary Ann Himmelwright has moved to suppress as evidence cocaine found on her person on the ground that an unreasonable search in violation of the Fourth Amendment led to discovery of the contraband. This Court feels constrained by Fifth Circuit precedent to find the search was reasonable and therefore denies suppression. THE FACTS On June 7, 1975 defendan...
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DECISION This case comes on to be heard on the motion of the defendants to dismiss the complaint and on motions by both sides for summary judgment. The suit was filed to obtain a declaratory judgment that a certain section of the Municipal Code of the City of Chicago is unconstitutional and for ancillary relief which would result from its unconstitutionality. The ordinance under attack is § 17-4.2...
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DECISION ON MOTIONS TO DISMISS This case was transferred here from the Circuit Court of Cook County, Illinois on April 24, 1975 pursuant to 28 U.S.C. § 1441. The complaint had been filed by an employee against his employer and his union. Hence this court had original jurisdiction under 29 U.S.C. § 185(a). However, prior to the transfer, the Circuit Court of Cook County dismissed the union...
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OPINION This is an action for a declaratory judgment, injunctive relief and damages challenging the constitutional validity of a Maine statute setting a minimum age for admission to the first grade in the public schools. 20 Me.Rev.Stat.Ann. § 859 (1975 Supp.). The action is brought under the Civil Rights Act, 42 U.S.C. §§ 1983 and 1985. Jurisdiction is predicated on 28 U.S.C. § 1343(3) and the Dec...
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MEMORANDUM AND ORDER The above-named petitioners have individually submitted petitions for writs *431 of habeas corpus. Due to the similarity of issues, the cases were consolidated. BACKGROUND FACTS. Petitioner Cunningham Petitioner was charged in Information No. 9017, filed on August 24, 1973, in Yellowstone County, with first degree assault. On March 21, ...
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MEMORANDUM-DECISION and ORDER On November 17, 1975, a subpoena was served upon plaintiff the General Electric Company (hereinafter “GE”) issued by Joseph F. Lisa, as Chairman of the New York State Assembly Subcommittee on Human Rights. (“Subcommittee”). Assemblyman Lisa is also Chairman of the parent committee, the New York State Assembly Standing Committee on Governmental Operations. That subpoe...
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OPINION AND ORDER This matter is before the Court for judgment upon stipulated facts. The complaint is brought pursuant to 42 U.S.C. § 1983 (1970) and its jurisdictional counterpart, 28 U.S.C. § 1343(3) (1970). The question presented is whether the First and Fourteenth Amendments to the United States Constitution guarantee a state prisoner the right to engage in a business enterprise through us...
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MEMORANDUM AND ORDER This is a declaratory judgment action instituted by the plaintiff insurance company for a determination that the defendants cannot “stack” uninsured motorist claims. It comes before the Court on cross-motions of plaintiff State Farm Mutual Automobile Insurance Company (“State Farm”) and defendants Ronald and Herbert Shour for summary judgment and on motion of defendan...
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MEMORANDUM AND ORDER This case comes before the Court on plaintiffs’ motion for leave to amend the complaint to include a claim against the third-party defendant, Ray Mitchell d/b/a Co-op Association of Neodesha. The cases arise out of the explosion of a propane stove in a trailer on May 29, 1974, which injured Shawn Morgan. His mother sued on his behalf and was joined by the insurance company wh...
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OPINION The matter of a proposed consent decree in this government-initiated civil antitrust suit, heard preliminarily on October 10 in response to a motion filed *715 October 7, 1975, is again before the court. As a result of the opinion of October 14 and later, more explicit, court suggestions, as well as further hearings and extensive memoranda and affidavits filed by oppo...
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ORDER DISMISSING INFORMATION Independent Stave Company, Inc. manufactures bourbon barrels. The entire process from sawing the staves from native white oak bolts to the final charring of the inside of the finished barrel is performed in its plant in Lebanon, Missouri. This action was instituted by the Government filing a four-count information. The first three counts each charged a violation o...
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OPINION This is an action on a marine insurance policy to recover for the constructive total loss of the insured vessel, the JOSEPH H, which was owned by the plaintiff corporation and insured by the defendants. The intervening plaintiff claims that a certain amount of any such recovery should be paid to it since it held a mortgage on the vessel. Plaintiff Joseph Navigation Corp. was ...
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MEMORANDUM By memorandum decisions dated December 4, 1975 and December 8, 1975, *185 this court denied the motions of Mr. Withington and Mr. Kaufman, both non-parties, to quash and vacate subpoenas ad testificandum served upon them by the United States of America, plaintiff in this action, directing them to appear and testify as experts on its behalf. Each of them has now mov...
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OPINION The government seized and seeks forfeiture of a Cadillac car pursuant to 21 U.S.C., section 881(a), which provides: “The following shall be subject to forfeiture to the United States and no property right shall exist in them: (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transp...
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MEMORANDUM AND ORDER At a pre-trial conference on November 25, 1975 in this diversity action, the Court requested the parties to reach some accommodation concerning plaintiff’s belated request for the production of financial statements of Phillips Puerto Rico Core, Inc. Defendant then applied to this Court for relief in the nature of a protective order barring discovery of this information, c...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiff Great Western Financial Corporation (“GW Financial”) is a publicly held Delaware corporation, organized in 1955 as a savings and loan holding company. Its principal offices are in the State of California. Stock in GW Financial, held by approximately 25,000 shareholders, is traded on the New York and Pacific Coast Stock Exchange...
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MEMORANDUM AND ORDER This diversity action is before this Court on remand from the Court of Appeals to consider a difficult conflict of laws question which has been raised in the wake of Knapp v. North American Rockwell Corp., 506 F.2d 361 (3d Cir. 1974) cert. denied, 421 U.S. 965, 95 S.Ct. 1955, 44 L.Ed.2d 452 (1975). Plaintiff’s claim stems from personal injuries h...
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OPINION AND ORDER This matter is now before the Court on plaintiff’s Motion For Summary Judgment and Defendant’s Motion To Dismiss Or, In The Alternative, For Summary Judgment. The action is brought as an appeal from a final administrative decision of the Board of Appeals and Review of the Civil Service Commission denying plaintiff Fitzgerald an award of costs and attorneys’ fees for the protra...
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MEMORANDUM OPINION This case is before the Court on plaintiff’s Motion For Preliminary Injunction and defendants’ Motion To Dismiss. In this action plaintiff seeks to have the Court enjoin the January 1, 1976 implementation of Treasury Regulations § 1.1232-l(c)(3) and § 1.1232-3A(f)(l), while the government asks that the action be dismissed for an asserted lack of proper subject matter ju...
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ORDER There is before the court a motion for a protective order filed by James M. Daniels, Jr., seeking to have'his deposition taken only before a stenographic court reporter and to prevent the use of video tape and sound. Mr. Daniels was the First Officer on Eastern Air Lines Flight 212 which crashed while approaching Douglas Municipal Airport at Charlotte, North Carolina, on September 11, 1974. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was tried before the Court without a jury. Thereafter counsel filed briefs. The issue is found for Plaintiff and against the Defendant. That only issue is whether or not the Internal Revenue Code of 1954 required that the Plaintiff company withhold taxes on payments it made on occasion to some of its employees for lunch. If an employee was away fro...
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MEMORANDUM OPINION Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Secretary of Health, Education, and Welfare (Secretary) denying his claim for disability insurance benefits. For the reasons set out herein, we affirm the Secretary’s findings. Plaintiff filed an application for a period of disability and for disability insu...
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MEMORANDUM OPINION This opinion disposes of cross motions for summary judgment filed by Continental Illinois National Bank (Continental) and First National Bank (First National) as well as the State’s Commissioner of Banks and Trust Companies in related cases brought by the Commissioner. The state seeks declaratory and injunctive relief with respect to the defendant’s use of Customer Bank Communi...
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MEMORANDUM AND ORDER This matter is before the Court for a decision on the merits. This case was tried to the Court sitting without a jury on August 19, 1975, after the defendants had waived their right to trial by jury. The Court being fully advised of the premises hereby makes the following findings of fact and conclusions of law. Findings of Fact 1. On approximately May 18, 1975, the defendan...
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Defendants move, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss this *1248complaint for failure to state a claim upon which relief may be granted. Plaintiff, a former school secretary, seeks declaratory and injunctive relief on her claim that she was deprived of her constitutional right to due process and equal protection in the proceeding which resulted in defendants’ refusal to grant her ac...
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OPINION Petitioner, now confined to the Eastern New York Correctional- Facility, pursuant to a judgment of conviction for the crimes of attempted murder, robbery, first degree, and possession of a weapon as a felony, entered upon a jury verdict, seeks his release upon a federal writ of habeas corpus. -He is serving concurrent indeterminate sentences with a maximum of twenty years. He attacks the j...
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Aubrey B. Lank (Lank) sues the New York Stock Exchange (the Exchange) as Receiver of Pickard & Company, Incorporated (Pickard), a defunct brokerage firm which was a member of the Exchange prior to its liquidation in the Spring of 1968. The complaint alleges violation of Section 6 of the Securities Exchange Act of 1934, 15 U.S.C. § 78Í, 1 and seeks damages in excess of $2,-000,000., a...
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The defendant here has moved pursuant to Rule 50(a) of the Federal Rules of Civil Procedure for a directed verdict of dismissal as to all five of plaintiff’s claims: One, as to the breach of the subscription agreement; two, as to the so-called breach of the cabling agreement; three, negligence; four, gross negligence and five, fraud. Under Rule 50(a) such a motion will be granted only...
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OPINION AND ORDER I. THE MOTION TO DISMISS. This Indictment seeks to impose a criminal fine upon Gulf Oil Corporation, Gulf Oil Company-U.S., and Gulf’s President, Z. D. Bonner, based upon the failure of Gulf for the first five days of February, 1975, to pay its competitors $3,878,465.00 for “Entitlements” under the Federal Energy Administration Program (FEA) established in the Feder...
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MEMORANDUM AND ORDER We have before us a question concerning the scope of the relief to be granted to the plaintiffs in this action. For. the reasons set forth below, we find that any relief to be granted should extend only to those female employees who were denied the use of sick leave for pregnancy after March 24, 1972. Plaintiffs brought this action to challenge the City of Philadelphia’s ...
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405 F. Supp. 629 (1975) Rebecca S. HOLLENBAUGH and Fred K. Philburn, Plaintiffs, v. BOARD OF TRUSTEES OF CARNEGIE FREE LIBRARY, OF CONNELLSVILLE, PENNSYLVANIA, et al., Defendants. Civ. A. No. 74-827. United States District Court, W. D. Pennsylvania. December 29, 1975. William A. Tantlinger, Warman & Warman, Uniontown, Pa., for plaintiffs. Ernest P. DeHaas, III, Fred C. Adams, Uniontown, Pa., ...
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This case raises questions regarding the constitutionality of the Bank Secrecy Act which were left unanswered by the Supreme Court in California Bankers Assn. v. Shultz, 416 U.S. 21, 94 S.Ct. 1494, 39 L.Ed.2d 812 (1974). The Act (Pub.L. 91-508; 81 Stat. 1121), now codified principally in 31 U.S.C. §§ 1051, 1052, 1081-83, 1101-05, 1121, 1122, empowers the Secretary of the Treasury to ...
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MEMORANDUM OF DECISION This action is before the court on defendants’ motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). The parties have presented memoranda in accordance with the rules of the court and the matter is now ripe for decision. The court should...
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OPINION Henry McComb Winchester (“Winchester”), a former director of the Wilmington Federal Housing Administration (“FHA”) office, was charged in a 131-Count indictment on July 9, 1975. 1 Winchester has filed the following motions 2 which, after briefly describing the indictment, are treated seriatim; A. A motion to sever certain Counts of the indictment B....
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*920 MEMORANDUM OPINION Plaintiff Irving Freedman has brought this diversity action against defendants Beneficial Corporation and Beneficial Management Corporation seeking compensatory and punitive damages for the alleged use and publication of a plan, submitted to defendants in confidence and in expectation of remuneration and designed to enhance the profitability of defendants’...
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ORDER These consolidated antitrust actions are before the court for ruling on numerous motions. Some of these motions relate to all of the actions (these will be dealt with collectively under the subhead “C 74r-2454 A”) and some of the motions relate to one or more of the actions separately (these will be dealt with under the appropriate docket control number). C 74^2454 A Motio...
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MEMORANDUM ORDER The present action seeks to nullify the requirement of United States citizenship as contained in Minn.Stat. § 151.10, as amended (1973) (hereinafter Minn.Stat. § 151.10) as a prerequisite to examination by the Minnesota State Board of Pharmacy for registration as a pharmacist. Plaintiff is a resident alien currently residing in Minnesota. She is a registered pharmacist in t...
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Franklin Savings Bank (Franklin) filed this action against the general partners of Goldman, Sachs & Company (Goldman, Sachs), alleging violations of Sections 12(2) and 17(a) of the Securities Act of 1933, 15 U.S.C. §§ 777(2), 77q(a), Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), the New York Martin Act, N.Y. General Business Law § 352-c, and the common law. Gold...
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OPINION AND ORDER The parties and issues This is an action for alleged infringement of U.S. Patent No. 2,873,639 which was issued on February 17, 1959 to Clair O. Musser for a toy piano. The patent was assigned to and is owned by plaintiffs George Lerner and Julius Ellman, who are residents of the New York City area associated in the business of designing and developing toys...
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OPINION Leavitts Freight Service, Inc., filed this suit to enjoin the enforcement of, set aside, and annul an Interstate Commerce Commission order denying Leavitts’ permanent authority to transport certain lumber products. The Commission based its denial on Leavitts’ lack of fitness, as authorized by 49 U.S.C. §§ 307(a) and 309(b) and as demonstrated by Leavitts’ previous violations of ICC rules a...
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MEMORANDUM This is a wrongful death action brought by Billy C. Anderson and Angela G. Gadberry, Co-Administrators of the Estate of Eldred Anderson. The complaint alleges that defendant shot and killed plaintiffs’ decedent in an affray that occurred in Winfield, Tennessee on October 14, 1974. The jurisdictional basis alleged in the complaint is diversity of citizenship under 28 U.S.C. § 1332(aXl)....
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MEMORANDUM AND ORDER This is an action whereby certain mobility-handicapped persons seek to gain greater access to the public mass transportation system which has been designed for service in Milwaukee County. The named plaintiffs are mobility-handicapped individuals who reside in Milwaukee County; the suit is brought on behalf of them and a group of some 2,000 other people, allegedly sim...
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OPINION This class action is brought by District of Columbia residents who are patients *976 confined pursuant to the 1964 Hospitalization of the Mentally Ill Act, 21 D.C. Code § 501 et seq. (hereafter referred to as the 1964 Act), in St. Elizabeths Hospital, a federally administered mental institution located in Southeast Washington. The defendants include the fed...
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*460RULING ON PENDING MOTIONS This civil rights action is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Supp. II, 1972). The plaintiff, a black male, alleges that the defendant corporation, his former employer, discriminated against him on account of his race. He prays for relief for himself, and the class which he seeks to represent, in the form of back pay ...
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The instant case involves a challenge by several shareholders of E. I. Du Pont de Nemours and Company (“Du Pont”) to a contemplated merger between Du Pont and Christiana Securities Company (“Christiana”), a closed-end non-diversified management investment company registered under the Investment Company Act of 1940. 15 U.S.C. § 80a-l et seq. The plaintiffs, suing derivatively on Du Po...
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OPINION This is an action for infringement of claims 1, 2, and 9 1 of United States Letter Patent No. 3,412,062. The patent (hereinafter referred to as the ’062 patent) was issued November 19, 1968, pursuant to an application filed April 19, 1965 by William Johnson, Leslie Nathan Phillips, and William Watt. 2 National Research and Development Corporation (“NRDC”) is ...
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ORDER This action is before the court on the motion of the United States for partial summary judgment. The issue for determination is whether the federal tax lien has priority over an equitable lien claimed by the First National Bank of Cartersville (hereinafter referred to as “the Bank”) as to certain real property. This case arises out of the following factual situation. Lamar B. Hill w...
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ORDER This is an action brought pursuant to § 60 of the Bankruptcy Act, 11 U.S.C. § 96, to recover as voidable preferences two payments totaling $11,424.09, which were paid to defendant within four months of bankruptcy. These payments were effected by means of joint checks drawn on the account of Joe N. Guy Co., Inc. and made payable to “Hayes Electric, Inc. [Bankrupt herein] and Noland C...
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MEMORANDUM DECISION An evidentiary hearing has now been held in this habeas corpus proceeding pursuant to our memorandum decision of March 17, 1975. 396'F.Supp. 827 (1975). It is clear from the evidence that facts were made known to the state trial court judge which showed a strong probability of petitioner’s incompetence to plead guilty, making necessary, under the due process clause of the fourt...
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Harry Anisgard, a professional geologist for the defendant Exxon Corporation until his job terminated on June 30, 1973, has filed suit in this court alleging that he was discriminated against in his employment because of his age, in violation of 29 U.S.C. §§ 621 — 634. The issues that arise now on motion for summary judgment concern the timeliness of Mr. Anisgard’s action against Exxon: did the p...
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The defendant Murphy Pacific Marine Salvage Co. (Murphy Pacific) has moved to dismiss the complaint against it for lack of personal jurisdiction. The facts are as follows: Murphy Pacific telephoned Buck Steber at its Louisiana office, to get an estimate on diving costs to use in a bid for the Suez Canal clearance job for the Navy. Murphy Pacific got the job, and Buck Steber went to California to p...
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OPINION ON MOTION FOR PRELIMINARY INJUNCTION This case is presently before the Court on plaintiff’s motion for preliminary injunctive relief. The plaintiff, North Construction Co. seeks to overturn a determination by the Environmental Protection Agency that it was not entitled to be awarded a contract for the construction of a secondary sewage treatment plant, and to enjoin the award of t...
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This matter comes before the Court upon the motion of plaintiffs in these consolidated cases for summary judgment, declaring unconstitutional and enjoining the enforcement of Neb.Rev.Stat. §§ 83-320, 83-322, 83-322.01, 83-325, 83-325.02-325.04, 83-326, 83-328 and 83-328.03 (1971) and 83-323, 328.02 and 337 (Supp.1974), which establish procedures for the adjudication and involuntary civil commitme...
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MEMORANDUM By memorandum dated November 17, 1975 we granted the defendant’s motion to suppress an envelope seized at the scene of arrest. Claiming that the decision was based on an “incorrect factual premise,” the government now moves to reargue. The government correctly observes that a key element in the decision to suppress was the conclusion that Officer Maffia knew that the hard object he...
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409 F. Supp. 71 (1975) STATE OF OKLAHOMA ex rel. STATE BANKING BOARD and Harry Leonard, State Bank Commissioner and Chairman, State Banking Board, Plaintiffs, v. BANK OF OKLAHOMA, Defendant. STATE OF OKLAHOMA ex rel. STATE BANKING BOARD and Harry Leonard, State Bank Commissioner and Chairman, State Banking Board, Plaintiffs, v. UTICA NATIONAL BANK, Defendant, James E. Smith, Comptroller of Curren...
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OPINION AND ORDER Third-party defendant in this matter, J. A. McCarthy, Inc. (McCarthy), has filed a motion to dismiss the action as to it under Fed.R.Civ.P. 12(b)(6). Disposition of this matter, apparently raising an issue of first impression with respect to the construction of the word “vessel”, requires an interpretation of certain of the amendments enacted by Congress in 1972 to the L...
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MEMORANDUM AND ORDER According to plaintiffs’ pleadings, an intra-uterine loop manufactured by the defendant Ortho was inserted into the uterus of the wife plaintiff by the defendant doctor in March 1975. It pierced the uterine wall, and had to be removed surgically. Plaintiffs claim that Ortho was negligent, and is liable under § 402A because the loop was defectively designed, and becaus...
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OPINION and ORDER This case is before the court pursuant to plaintiffs’ motion for summary judgment as to the first count of their six count complaint. In this count plaintiffs allege that on April 30, 1972 they contracted to purchase a parcel of real estate, designated as Lot No. 129, Section 5 of Lake Holiday Estates, from defendant: 1 that as a part of this contract *368defendant covenanted to ...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS The within petition for writ of habeas corpus and for relief pursuant to 28 U.S.C. §§ 1391, 1404, 1651 and 1654, was filed as follows: “TO THE1 HONORABLE WILLIAM B. BRYANT, DISTRICT JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WASHINGTON, D. C. PETITION FOR WRIT OF HABEAS CORPUS AND SUBJICIENDUM” along with a lette...
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ORDER These are both actions brought by plaintiff to foreclose against defendant upon a mortgage because of defendant’s alleged failure to pay the indebtedness due on a promissory note. The defendant has petitioned for removal from the Superior Court for Gwinnett County and the plaintiff seeks to remand the cases because of this court’s lack of subject-matter jurisdiction. For the purpose...
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OPINION This is a suit brought by the Equal Employment Opportunity Commission (EEOC) under the provisions of § 706(f) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, alleging that defendant, Local 2P, Graphic Arts International Union, AFL-CIO, (formerly known as Baltimore Lithographers and Photoengravers Union, Local 2P, and also formerly known as Local 2P, Lithograp...
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MEMORANDUM AND ORDER Defendant Mohasco Industries, Inc. (Mohasco), has filed a motion to dismiss for lack of in personam jurisdiction, to quash the service of process, and to dismiss the complaint for failure to state a claim upon which relief can be granted. BACKGROUND FACTS. The Crow Tribe and Tribal Chairman brought this action against Big Horn Carpet Mills (Big Horn) and Mohasco for...
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MEMORANDUM OPINION AND ORDER On December 5, 1975, plaintiffs made an ex parte application to this court for an order of attachment in this matter. Said order was issued by the court pursuant to Rule 64 of the Federal Rules of Civil Procedure and Section 6201(1) of the New York State Civil Practice Law and Rules. As a condition to that order, the court specified that under the decision in ...
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In this action based on 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), plaintiff sought declaratory and injunctive relief with respect to § 237 of the New York Domestic Relations Law. That section provides, so far as here material, that in certain types of matrimonial actions the court may direct the husband “to pay such sum or sums of money to enable the wife to carr...
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OPINION AND FINDINGS This is a plenary suit by a trustee in bankruptcy to recover, as voidable preferences, two loan repayments made by the bankrupt to the defendant bank in November 1973. Jurisdiction is conferred on the Court by 11 U.S.C. § 46 and 28 U.S.C. § 1331. The case was presented at a bench trial and has been fully briefed by the parties. The plaintiff, a Trustee in Bankrup...
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ORDER Defendant herein, Robert Johnson Grain & Molasses Company, has filed a Motion to Dismiss. Plaintiff, Stillings Transportation Corporation, filed a Motion to Strike Motion to Dismiss and Answer of Defendant Robert Johnson Grain & Molasses Company, for the reasons that defendant had failed to submit a brief in support of its Motion to Dismiss in accordance with Rule 14(a) of the Rules of the ...
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OPINION This proceeding is filed pursuant to the Federal Tort Claims Act, 28 U.S.C., § 1346(b) 1 against the United States based on a claim of medical mistreatment, supervision, and care of Victor W. Kyslinger, plaintiff’s husband, who died on July 24, 1972. The Court- has conducted a full and complete trial and has considered the arguments of counsel and must conclude that plaintiff is entit...
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OPINION Plaintiff Joseph Panzarella, a minor, brings this action through his mother for injunctive relief and damages of $12,000 based upon his claim that the defendants twice suspended him from Smithfield High School in 1973 and 1974 without providing him the procedural due process required by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The defen...
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MEMORANDUM OPINION Plaintiff, Clarendon Bank & Trust (CB&T), seeks recovery in the amount of $307,812.10 from defendant, Fidelity and Deposit Company of Maryland (F&D), alleging that a loss sustained as the result of allowing a customer to draw on deposits which were ultimately dishonored falls within the coverage of the Banker’s Blanket Bond issued by F&D to CB&T. Plaintiff relies on Ins...
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DECISION and ORDER The defendant United Automobile Workers Union, Local 75, has moved to dismiss this action pursuant to Rule *6312(bX6), Federal Rules of Civil Procedure. I hold that the defendant union’s motion should be denied. The plaintiff commenced this action on July 1, 1974, to recover damages from the union and his employer, American Motors Corporation, for his allegedly wrongful termina...
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*1155MEMORANDUM AND ORDER Plaintiff Joachim Memorial Home (hereinafter “the Home”) is an unincorporated association in Beulah, North Dakota, whose purpose is to provide a home for elderly people. Plaintiff Helmuth Hilz is president of the association. The Defendant, Jack G. Askew, is an architect who provided his services to the Home in connection with a planned building project. In October of 19...
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MEMORANDUM AND ORDER This is an action, laid under civil rights theories, for an order of this Court mandating the city government of New Town, North Dakota, to tie sewer and water into an urban lot held by the United States in trust under Title 25 United States Code § 465. The matter is presented on verified pleadings and affidavits on a motion for preliminary injunction. The motion...
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ORDER RE DEFENSE AND PROSECUTION PRETRIAL MOTIONS Counsel for both plaintiff and defendant have filed a total of twelve pretrial motions in this case.. Argument on these motions was heard in open court on December 11, 1975. In this Order the Court will now dispose of the aforementioned motions in the following sequence: defense motions first; Government’s second. DEFENSE MOTIONS I. DEFENSE ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR ' JUDGMENT In May of 1970, the Juvenile Division of the District Court of Polk County entered an order terminating the parental rights of Charles and Darlene Alsager “in and to” five of their six children. In March of 1973, this action was brought attacking the constitutionality of those termination proceedings. The Alsagers seek a declaratory ...
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MEMORANDUM OPINION This case requires the' court to decide between conflicting claims for wife’s disability insurance benefits under the Social Security Act. The issue is framed by 42 U.S.C. § 416(h)(1)(A), which provides: “An applicant is the wife . of a fully or currently insured individual for purposes of this subehapter if the courts of the State in which such insured individual is domici...
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MEMORANDUM OPINION Charles Friday is under indictment for falsely representing on a form in connection with the purchase of a pistol from a gun shop that he was not under indictment for a crime punishable by imprisonment for more than one year, in violation of 18 U.S.C. §§ 922(a)(6), (d)(1). 1 The grand jury charged that defendant was in fact under indictment (at the time he made the statemen...
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MEMORANDUM AND ORDER The defendants in this school desegregation suit, 78 separate and identifiable school districts in Wayne, Oakland and Macomb Counties, 1 have joined in a Motion to Strike, For More Definite Statement and For Additional Relief. Defendants contend that the plaintiffs’ Second Amended Complaint is vague and indefinite, that it fails to comply with this court’s April 29, 1975 ...
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*317 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER * , JOSEPH S. LORD, III, STANLEY A. WEIGEL, and ANDREW A. CAFFREY, Judges of the Panel. Westinghouse Electric Corp. is the sole defendant in thirteen federal actions in as many districts 1 filed by a number of its utility customers. 2...
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OPINION This is an antitrust action under Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Antidiscrimination Act, 15 U.S.C. § 13(a) (hereafter referred to as Section 2(a) of the Robinson-Patman Act), and Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. Plaintiff FLM Collision Parts, Inc., is a small company located in Yonkers, New York, and is in the busi...
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MEMORANDUM AND ORDER Petitioner, John Maisonet, applies to this Court for a writ of habeas corpus, alleging a variety of defects in the conduct of his trial. He was convicted on June 28, 1973 in the Supreme Court, New York County, of Criminal Sale of a Dangerous Drug in the First Degree, in the Second Degree and in the Third Degree and sentenced to a concurrent term of fifteen years to life on ...
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MEMORANDUM AND ORDER 'This is an action to review a final decision of the Acting Commissioner of Customs, revoking plaintiff’s customhouse cartman’s license. Jurisdiction is asserted under 28 U.S.C. § 1346, 28 U.S. C. § 1355, and 5 U.S.C. § 701 et seq. Both parties have moved for judgment on the pleadings pursuant to Rule 12(c) of The Federal Rules of Civil Procedure. Plai...
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405 F. Supp. 837 (1975) Lauren BRUBAKER et al., Plaintiffs, v. Louis MOELCHERT et al., Defendants. No. C-C-74-69. United States District Court, W. D. North Carolina, Charlotte Division. December 19, 1975. *838 George S. Daly, Jr., and Walter H. Bennett, Jr., Casey, Daly & Bennett, P. A., Charlotte, N. C., for plaintiffs. Andrew A. Vanore, Jr. and Richard F. Kane, N. C. Dept. of Justice, Ralei...
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MEMORANDUM OPINION Plaintiff herein, Caroline M. Holcomb, and defendant herein, J. E. Holcomb, have each filed a Motion for Summary Judgment and submitted briefs in support thereof. A hearing on the respective motions was held on November 5, 1975, at which time oral arguments were presented. The parties have stipulated to the following factual situation. On January 27,1971, the District Court of ...
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*1229 OPINION In response to revelations regarding unsavory practices in the management of labor unions, Congress enacted the “Labor-Management Reporting and Disclosure Act of 1959”, 1 commonly known as LMRDA or the Landrum-Griffin Act, to purify the process of collective bargaining by ensuring that unions were genuinely representative of the interests of their members...
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OPINION AND ORDER Defendants Ferrone and Donald have filed a motion for the return of seized property and the suppression of evidence and a motion to suppress statements. After a hearing was requested the motions were referred to the U. S. Magistrate for hearing and recommendation. Thereafter, counsel agreed to submit the motions on a transcript of the preliminary hearing held in this case and on ...
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MEMORANDUM AND ORDER Defendant’s Motion to Dismiss the Class Action is granted. The class allegations of plaintiff are dismissed, and this cause will proceed only upon the individual claims of the named plaintiff. I. Plaintiff has filed suit in this Court alleging that defendant unlawfully discriminates on the basis of race in violation of 42 U.S.C. § 2000e et seq. (“Title VII”). In his complaint...
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JUDGMENT AND OPINION Lewis Matthews and Carl Sprouse, prisoners at the Rustburg Correctional Unit, filed a .complaint on August 19, 1975, styled as a “special motion” and containing numerous general charges concerning the conditions of confinement at the Rustburg Unit. This “special motion” was followed by a further complaint of September 16,1975 accompanied by a sworn affidavit. This complaint...
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OPINION AND JUDGMENT Everette Otis Shrader was convicted of the first degree murder of Epson Joseph Jackson Millirons in the Circuit Court of Giles County on October 18, 1972. The murder involved was a highly publicized event in Giles County. Shrader, accompanied by his companion, Glenn Duncan, allegedly drove back up in the woods where the Millirons lived, knocked on their door, shot and kille...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed this action challenging the final action of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates...
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ORDER This matter comes on to be heard on a motion to dismiss filed by the defendants on September 30, 1975, and taken under submission by the Court on November 24, 1975. The plaintiff, Stonewall Insurance Company (Stonewall) seeks a declaratory judgment on a marine insurance policy. 1 The defendants, William 0. Sessions, Jr. (Sessions) and The First National Bank of Mobile (Fi...
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AMENDED MEMORANDUM AND ORDER On October 9, 1975, the Securities and Exchange Commission applied to this Court for an Order requiring Lockheed Aircraft Corporation, and Daniel J. Haughton to testify and produce records in connection with a private investigation, In the Matter of Lockheed Aircraft Corporation, in accordance with a subpoena, duly issued and served by the Securities and Exchange ...
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MEMORANDUM OF DECISION In this action the plaintiff, United Auto Brokers, Inc., seeks a declaration that certain provisions of Connecticut law either do not apply to its business, or, insofar as they do apply, are unconstitutional. It also seeks an order enjoining the defendants, Stanley J. Pac, the Commissioner of Motor Vehicles, and Carl Ajello, the Attorney General of the State of Connecticut,...
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MEMORANDUM OPINION The plaintiff has filed this lawsuit seeking declaratory relief, reinstatement in his job as building inspector, and back pay for certain alleged violations of his civil rights by the defendants. BACKGROUND The plaintiff in this case was employed as a building inspector in the Building and Zoning Department of the City of West Palm Beach, and had been so employed since December ...
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ORDER This is a diversity action in which plaintiff seeks recovery for property damage allegedly resulting from the defective design of defendants’ motorcycle. As part of her discovery, plaintiff requested defendants to produce certain documents dealing with the manufacturing specifications of defendants’ products. In its order of June 20, 1975, this court ordered defendants to comply with that re...
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MEMORANDUM OPINION AND ORDER ON MOTION TO RECONSIDER In his original complaint, plaintiff alleged that defendant violated various sections of Truth-in-Lending Act, 15 U. S.C.A. § 1601 et seq., Regulation Z, 12 C.F.R. § 226.1 et seq. This Court obtained jurisdiction pursuant to Truth-in-Lending Act, 15 U.S.C.A. § 1640(e). Following a hearing on these assorted violations, this Court granted summa...
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MEMORANDUM OPINION This cause came before the Court for trial upon plaintiff’s complaint for a permanent injunction prohibiting her employer from engaging in alleged acts of sexual discrimination and reinstating her as a teacher at Evansville Reitz High School. Prior to their marriage, plaintiff and her husband were both teachers at Reitz High School. Pursuant to an unwritten policy of the Ev...
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405 F. Supp. 83 (1975) Jack PORTER et al., Plaintiffs, v. Philip E. BAINBRIDGE et al., Defendants. No. IP 75-26-C. United States District Court, S. D. Indiana, Indianapolis Division. December 18, 1975. *84 *85 James E. Hughes, Indianapolis, Ind., for plaintiffs. Ray Richardson, Greenfield, Ind., for defendants Richardson and McIntyre. John Wood, Indianapolis, Ind., for all other defendants. FIND...
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OPINION AND ORDER OF THE COURT This is an action brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, seeking a declaration that Public Law 90-203, “An Act to prohibit certain banks and savings and loan associations from fostering or participating in gambling activities,” 81 Stat. 608 (1967), codified at 12 U.S.C. §§ 25a, 339, 1730c, 1829a, 18 U.S.C. § 1306, does...
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Plaintiff, Harry E. Welsh, pursuant to 42 U.S.C. § 405(g) incorporated by reference through 30 U.S.C. § 923(b), asks this Court to reverse a final decision of the Secretary of Health, Education and Welfare (the Secretary) denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969 as amended, 30 U.S.C. § 901 et seq. (the Act). Plaintiff’s ini...
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OPINION AND ORDER Van-S-Aviation Corp., a dealer of products made by Piper Aircraft Corporation, has instituted six actions in six different districts: one each in the Western District of Missouri, the Eastern District of Arkansas, the Northern District of Georgia, the Eastern Distinct of Illinois,- the District of Connecticut and the District of South Carolina. Each action was commenced pursua...
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OPINION AND ORDER Defendants, William and Howard Silverman, move pursuant to Rule 35, Fed*864eral Rules of Criminal Procedure, or in the alternative, pursuant to 28 U.S.C. § 2255, to correct, vacate, or set aside their sentences. Both defendants were found guilty of conspiring to transport stolen securities, valued in excess of $100,000, in interstate commerce in violation of 18 U.S.C. § 371.1 At...
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MEMORANDUM DECISION By his second amended complaint, plaintiff sues on behalf of himself and all other individuals who were holders of option contracts issued by the defendant Chicago Board Options Exchange Clearing Corporation 1 (“Clearing Corporation”) for the purchase of the underlying stock of International Business Machines Corporation (“IBM”) at a price of $180.00 a share...
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MEMORANDUM OPINION These suits challenge the constitutionality of two federal statutes. The first, Pub.L. 90-508, 82 Stat. 861, 25 U.S.C.A. §§ 1181-1186, determines the Indian descendants who may participate in the distribution of an Indian Claims Commission award redressing a wrong by the United States under an 1818 treaty with *1316the Delaware Tribe. 7 Stat. 188.1 The second statute, Pub.L. 92...
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In this appeal Bankrupt Claude William Brown seeks review of the decision of the Bankruptcy Court that a $20,000.00 debt asserted against the Bankrupt by Ruth Al-dis is not dischargeable in Bankruptcy. The appeal is taken pursuant to 11 U.S.C. § 67(c) and Bankruptcy Rules 810 et seq. The Bankruptcy Judge found that the Bankrupt had obtained $20,000.00 from Al-dis by means of false representatio...
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MEMORANDUM AND ORDER This action arises out of the termination of plaintiff’s employment and failure to recall by defendant. The plaintiff has filed an amended two count complaint, as a class action, alleging in Count I violations of the Age Discrimination in Employment Act (the “Act”), 29 U.S.C.A. § 621 et seq., basing jurisdiction on 28 U.S.C. § 1331. In Count II, plaintiff a...
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MEMORANDUM Plaintiff is a black female currently employed at the Army Support Center, in Philadelphia, Pennsylvania. Plaintiff has brought this action against the federal government, claiming that she has been discriminated against in her employment by the government on the basis of race. Plaintiff claims a cause of action under 42 U.S.C. § 2000e-16, 42 U.S.C. § 1981, the Fifth Amendment to the...
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MEMORANDUM AND ORDER Defendant was convicted by a jury of knowingly and intentionally distributing a controlled substance (heroin) in violation of 21 U.S.C. § 841(a). Presently before the Court are defendant’s motions for judgment of acquittal or a new trial, filed pursuant to Rules 29 and 33 of the Federal Rules of Criminal Procedure. Various grounds were originally asserted in support of th...
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*273 MEMORANDUM OPINION RETRIAL OF ISSUE OF DAMAGES FOR VIOLATION OF AUTOMOBILE DEALERS’ DAY IN COURT ACT CLAIM The history of this protracted litigation, which has now been pending for eight and one-half years, is fully set forth in the decision of this court denying motion for new trial and judgment NOV reported at 355 F.Supp. 842 (W.D.Pa.1973) and in the decision of the C...
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405 F. Supp. 814 (1975) Thomas V. SICILIANO, Plaintiff, v. Fred W. SICILIANO et al., Defendants. Civ. A. No. 74-495. United States District Court, W. D. Pennsylvania. December 18, 1975. *815 Joseph M. Zoffer, Martino, Ferris & Zoffer, Pittsburgh, Pa., for plaintiff. Christopher Walters, Philadelphia, Pa., Joseph F. McDonough, J. Tomlinson Fort, John B. Gordon, Pittsburgh, Pa., for defendants....
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*219OPINION AND ORDER This is an action for declaratory relief which originally commenced with the filing of a complaint for declaratory and injunctive relief by Puerto Rico International Airlines, Inc. (Prinair), naming as defendant Luis Silva Recio, Secretary of Labor of the Commonwealth of Puerto Rico (Secretary). This complaint was dismissed by order of this Court on April 17, 1974. Plaintiff...
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MEMORANDUM ORDER Though naming certain individuals, some known and some unknown, as parties defendant, this complaint claims to be filed pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). See also 28 U.S.C. §§ 1402(b), 1504, 2110, 2401, 2402, 2411, 2412, 2671-2680. Named as defendants are Sheriff John B. Vaughan, Jr. of Hanover County, Virginia, the United States of America, and unknown...
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MEMORANDUM Plaintiff, holder of a subordinated debenture note of now insolvent Richmond Industrial Loan and Thrift, brings this action under federal securities laws to redress an alleged fraud perpetrated upon plaintiff in the purchase of this note. Defendants are Richmond Industrial Loan and Thrift, certain of its former officers, directors and employees, *1212and the two receivers who were appo...
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MEMORANDUM ORDER This is an action under § 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 claim for a period of disability and for disability insurance benefits. This action is presently pending on cross motions for summary judgment. The plaintiff filed an applic...
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*1251 MEMORANDUM In this action, two former Foreign Service officers challenge their involuntary retirements from the Service. The plaintiffs, Peter Colm and John McIntyre, were selected out of the Foreign Service when they failed to be promoted within the period of time then prescribed by State Department regulations for officers of their class. They allege that the personnel files relied up...
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MEMORANDUM AND ORDER This matter is again before the Court on the further applications of St. Elizabeth’s Hospital and Mr. Carter that Mr. Carter be released, either unconditionally or conditionally, for maximum security at the Hospital where he is being held, having been found not guilty by reason of insanity. Recent previous proceedings involving Mr. Carter are covered by this Court’s Order o...
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ORDER ON MOTIONS TO DISMISS This cause came on for consideration upon the defendant's motions to dismiss the two cases pending against him in this court for violation of his right to a speedy trial. The court, having considered the record and being fully advised in the -premises, finds and concludes that the motion should be granted as to Case No. 71-278-Cr-JLK and denied as to Case No. 74-637-...
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405 F. Supp. 389 (1975) Emmett DOE, Jr. v. AFL-CIO, DEPARTMENT OF ORGANIZATION, REGION 6, ATLANTA, GEORGIA. Civ. A. No. C 74-10A. United States District Court, N. D. Georgia, Atlanta Division. December 17, 1975. *390 Laughlin McDonald, Atlanta, Ga., for plaintiff. David W. Crosland, Atlanta, Ga., and Cooper, Mitchel & Crawford, Birmingham, Ala., for defendant. ORDER JAMES C. HILL, District J...
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RULING ON MOTION H. L. Motors Company, Inc., (an original defendant here) having been dismissed from the action, and the class allegations of plaintiff’s complaint having been stricken, we now have before us Frank Wilson, Jr.’s renewed motion for summary judgment pursuant to Rule 56, F.R.Civ.P. *376 Wilson here seeks statutory damages, costs, and reasonable attorney’s fees, urging, as groun...
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These two cases raise questions concerning statutory provisions which extend coverage of the Social Security Act to state and local governmental employees. By Order of this Court, these cases have been consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. In Civil No. 73-661-H, Montgomery County, Maryland sues on behalf of its police officers, ...
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MEMORANDUM OPINION AND ORDER This is a civil rights action under 42 U.S.C. § 1983 concerning whether a discharged public employee is entitled to a hearing on the reasons for his discharge. Defendant has moved the Court for summary judgment on the grounds that plaintiff was a probationary employee and had no right or entitlement to his position. After having received briefs from counsel, with ne...
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405 F. Supp. 1167 (1975) Irene HOEHLE, Individually and on behalf of her minor children, Tyrone Hoehle and Wanda Hoehle, and on behalf of other persons similarly situated, Plaintiffs, v. Vera LIKINS, Individually and as Commissioner of the Minnesota Department of Public Welfare, et al., Defendants. No. 4-75 Civ. 284. United States District Court, D. Minnesota, Fourth Division. December 17, 1975. ...
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OPINION This matter is before the court on defendant’s motion for summary judgment pursuant to Rule 56(b), Fed.R.Civ.P. The court, having heard oral argument and having considered the said motion together with the points and authorities, affidavits, depositions and other documents filed with respect to the motion, renders this opinion. *525 Plaintiff commenced the action in ...
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*586 FINDINGS OF FACT and CONCLUSIONS OF LAW The above entitled action having come on for trial, and the Court having heard the evidence and the arguments of the parties, the following findings of fact and conclusions of law are hereby made. FINDINGS OF FACT 1. Plaintiff Corrine Castillo is the personal representative of Richard Montoya for the purpose of bringing this action as Administr...
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AMENDED OPINION 1. The Nature of the Proceedings This proceeding is before the court on the petition of Sidney Danielson, Regional Director of the Second Region of the National Labor Relations Board (Board) pursuant to Section 10 (Z) of the National Labor Relations Act, as amended, 29 U.S.C. Sec. 160(I), for a preliminary injunction pending the final disposition of unfair lab...
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MEMORANDUM The defendant moves to dismiss his indictment on the ground that the Government is collaterally estopped by the defendant’s acquittal in a prior trial from prosecuting the present case. In 1973, the defendant was indicted in the Eastern District of New York for violations of 18 U.S.C. § 894. The indictment alleged knowing participation in the use of extortionate means to attempt to coll...
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OPINION The defendant was indicted on September 30, 1975, on five counts charging illegal possession, transfer and interstate transportation of an unregistered jinachine gun and a revolver (75 Cr. 973). On November 18, 1975, a new indictment (75 Cr. 1114) more accurately describing the machine gun was handed down superseding the initial indictment. The defendant, despite having had his rig...
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Plaintiffs Otto Marx, Jr., John V. Summerlin, Jr., William D. Fugazy and Louis V. Fugazy move for an order, pursuant to Rule 58, Fed.R.Civ.P. and N.Y.C.P.L.R. §§ 5001, 5004 (McKinney 1963 and Supp.1975), setting the date from which interest shall be computed on the verdict rendered in their favor by the jury on May 28, 1975. Defendants oppose the motion and ask the Court to tax plaintiffs with ...
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MEMORANDUM OPINION AND ORDER This matter came on before the Court on December 12, 1975, on plaintiffs’ Motions to Vacate Orders of Dismissal. The Orders sought to be vacated were entered by Judges Langley and Eubanks on December 19, 1972, upon plaintiffs’ Applications for Dismissal as to C.I.T. Corporation and Capital International Airways, Inc. The Applications for Dismissal stated: “Comes now t...
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MEMORANDUM AND ORDER Invoking 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, plaintiffs bring this action for damages claiming that defendant state and city officials have violated their rights to an appropriate education under the equal protection and the due process clauses of the Fourteenth Amendment to the Constitution. Plaintiffs contend that, as multiple-hand...
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OPINION Presently before the court is the Section 2255 petition of Darrell Anthony Jackson, to vacate the sentence of fifteen years imprisonment imposed by this court following his conviction by a jury of bank robbery. The sole ground of the petition is that Jackson was denied the effective assistance of counsel in violation of the fifth and sixth amendments. In order to understand the theory on w...
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MEMORANDUM DECISION Petitioner is currently incarcerated at the South Dakota State Penitentiary and alleges, pursuant to 28 U.S.C. Sec. 2254, that his custody is in violation of the Constitution of the United States. Oral arguments have been made and briefs submitted by counsel. State post-conviction remedies have been exhausted except for one issue which will be mentioned below. Petitioner p...
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409 F. Supp. 1327 (1975) UNITED STATES of America v. James Arthur CHARLTON et al. Crim. No. 3-75-64. United States District Court, E. D. Tennessee, N. D. December 17, 1975. *1328 Gene A. Stanley, Jr., Knoxville, Tenn., for James Arthur Charlton. Eugene B. Dixon, Maryville, Tenn., for Mark A. Charlton. Jerry Foster, Chattanooga, Tenn., for Donald Lee Howie. Philip P. Durand, Knoxville, Tenn., for ...
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MEMORANDUM OPINION AND ORDER The plaintiff moved for a stay of the proceedings herein until the Court determines “ * * * whether the [defendants’ [pjetition for [rjemoval shall be sustained by this Court. * * * ” There is obviously no merit to such motion. This is an action by an alleged participant in a retirement pension plan to recover benefits. 29 U.S.C. § 1132(a)(1)(B). This Court, concurren...
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MEMORANDUM Plaintiff Mary L. Banks originally brought this action seeking declaratory and injunctive relief on behalf of herself individually, and as representative of a purported class composed of all persons who presently or will hereafter reside in multi-family apartment complexes constructed, financed or operated in the Commonwealth of Virigina pursuant to Section 236 of the National Housing A...
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MEMORANDUM Plaintiffs Robert D. Davis and Carl L. Mason, partners, trading as the Circus Room, filed an amended complaint with this Court alleging that defendants James Alvin Sprouse, Rebecca W. Troy, Morton G. Thalhimers, Inc. and Walter H. Williams violated plaintiffs’ rights under 42 U.S.C. § 1985(2) by overt acts of conspiracy. Plaintiffs make the following allegations. Plaintiffs are own...
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OPINION Plaintiffs, Morgan P. Koerner and . Juanita B. Koerner,1 his wife, and the class they represent, bring this action pursuant to 28 U.S.C. § 1346(a)(1), to recover federal income taxes and assessed interest for the years 1967, 1968 and 1969.2 This ease is presently before this Court on respective motions for summary judgment filed by each of the parties to this action. The main issue to be d...
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OPINION The plaintiffs, seventeen States and Commonwealths of the Union suing in their own right and as parens patriae on behalf of their citizens, have moved for a preliminary injunction against the imposition by the defendant United States Postal Service of a temporary increase in first-class postal rates pursuant to 39 U.S.C. § 3641 (1970). Plaintiffs allege that the proposed temporary rates i...
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MEMORANDUM OPINION AND ORDER The parties in the above entitled matter are presently before the Court on cross-motions for summary judgment. They have submitted memoranda in support of their respective motions and have orally presented their positions in open court. Plaintiff Associated Third Class Mail Users (hereafter “ATCMU”) is a nonprofit organization, organized under the corporation laws...
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ORDER This action is before the Court on cross-motions for summary judgment. Presented for review is the March 8, 1974 Decision and Order of the Cost of Living Council (COLC) which is attacked by plaintiff as not being consistent with the findings of fact made by the COLC. Jurisdiction to review an award of the COLC is granted the Court pursuant to Section 211 of the Economic Stabilization Act of...
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MEMORANDUM OPINION This action was brought by the plaintiffs for the rescission of their interests in a limited partnership (Serendipity Partners) in accordance with Section 13, subd. B. of the Illinois Securities Law, Ill.Rev.Stat. ch. 121%, § 137.1, et seq. The complicated background of this litigation, which now includes a parallel suit in the state courts of California and *673a third party c...
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*407MEMORANDUM Plaintiff, a recipient of benefits under the Supplemental Security Income (SSI) program, brings this action on behalf of all similarly situated Massachusetts SSI recipients, seeking to compel the defendants to promptly replace SSI checks which have either been lost or stolen or which the government has mistakenly failed to issue. The plaintiff claims that continuing delays in receiv...
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SUPPLEMENTARY FINDINGS AND CONCLUSIONS ON PLAINTIFFS’ MOTION CONCERNING SOUTH BOSTON HIGH SCHOOL On December 9, 1975 the court entered various orders on plaintiffs’ motion for further relief concerning South Boston High School, following a week of evidentiary hearings which ended on November 28, including an order that the school be placed in temporary receivership. On December 9 the court dict...
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MEMORANDUM AND ORDER DENYING AMPI’S MOTION FOR TEMPORARY RESTRAINING ORDER I. This case pends on the motion of Associated Milk Producers, Inc. [AMPI] for a temporary restraining order filed November 25, 1975 in which AMPI prayed that an order be entered to prevent the National Farmers Organization [NFO] from republishing in the 1975 issue of The NFO Reporter an article by one Louis Kohlmeier which...
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MEMORANDUM DECISION This is an in rem admiralty action by Nacirema Operating Co., Inc. (“Nacirema”), a stevedore and terminal operator, asserting a maritime lien for stevedoring services to the Pakistan flag M.S. A1 Kulsum, a vessel owned by the claimant-third party plaintiff Muhammadi Steamship Co., Ltd. (“Muhammadi”). The original action was commenced by the plaintiff in the District Co...
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Petitioner, a federal prisoner presently incarcerated in Danbury, Connecticut, moves pursuant to 28 U.S.C. § 2255 to vacate his conviction on the ground that ■ he was deprived of h'is right to counsel' at the time of the selection of the jury for his trial. 1 The petitioner was tried in 1973 on charges involving violations of the federal narcotics laws. According to an uncontested Government ...
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MEMORANDUM Norma Martino petitions to set aside an award of the American Airlines Flight Attendant System Board of Adjustment which found that her employer, American Airlines, was justified in discharging her for drinking an alcoholic beverage while on duty. She seeks reinstatement, back wages and costs. American Airlines moves to dismiss the petition. Martino filed this petition in federal court ...
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This case is before the court on plaintiffs’ motion for enforcement of the consent decree entered into by the parties and approved by the court on May 31, 1973. Plaintiffs — Henry Padgett, Eugene Washington, and William Johnson, inmates at the York County Prison — on behalf of themselves and all other inmates incarcerated at the York County Prison brought this action under the Civil Rights...
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ORDER FOR ADDITIONAL DISCOVERY After having considered the complete record herein, as well as the briefs filed by plaintiffs, defendants, and amici curiae, it is obvious that there is a wide divergence as to the theory upon which this case should be tried and determined. Plaintiffs, on the one hand, assert that the controlling issue is whether racial imbalance in several of the Northside school...
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OPINION AND JUDGMENT This controversy arises over failure of defendant Mountain State Construction Company, Inc. (hereinafter Mountain State) to pay for materials delivered to it by use plaintiff, Acme Limestone Company (hereinafter Acme). Defendant Mountain State has counterclaimed for consequential damages as a result of use plaintiff’s untimely delivery of the same materials.1 Use plaintiff ha...
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The plaintiff, Banks Enterprises, Inc., is a Wyoming corporation selling drilling mud to oil drilling rig customers. It also owns a petroleum bulk station and sells diesel fuel at retail to oil drilling rig customers on a bid basis. This bid price includes transportation charges to the customer’s current location. No separation of product costs and transportation cost is made. Delivery is made by ...
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MEMORANDUM FOR SUMMARY JUDGMENT On May 4, 1970, a United States military aircraft crashed, killing all but one of the 13 military personnel aboard. Thirteen suits were filed in the California state courts in 1971. The suits were based primarily on strict products liability and/or negligence in the manufacture of the pilot’s D.Y. window frame. All the suits were timely and properly removed...
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RULING OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION The plaintiffs in this action are low-income residents of a federally subsidized housing project, Windham Heights Apartments, in Windham, Connecticut. *1279 They complain that the federal 1 and private 2 defendants have denied them, and others similarly situated, rights protected by the fifth amendm...
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405 F. Supp. 1235 (1975) ESCAMBIA TREATING COMPANY, Plaintiff, v. OTTO CANDIES, INC., Defendant. No. PCA 75-123. United States District Court, N. D. Florida, Pensacola Division. December 15, 1975. H. Edward Moore, Jr., Larry Hill, Sherrill & Moore, Pensacola, Fla., for plaintiff. Fletcher Fleming, Shell, Fleming, Davis & Menge, Pensacola, Fla., and Cornelius G. Van Dalen, Deutsch, Kerriga...
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MEMORANDUM DECISION The plaintiff, Lake Shore National Bank, brought this diversity action as Trustee under Trust No. 2158 to recover certain sums allegedly due from the defendant Knott Hotels Corporation, under the terms of a Guaranty Agreement dated October 21, 1971, and amended December 8, 1972. Knott answered and counterclaimed against the plaintiff for breach of a related agreement. In additi...
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407 F.Supp. 444 (1975) Elizabeth A. HEISNER, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant. No. 75-200C(A). United States District Court, E. D. Missouri, E. D. December 15, 1975. *445 Stanley A. Loring, St. Louis, Mo., for plaintiff. Melvin R. Horne, Asst. U. S. Atty., St. Louis, Mo., for defendant. MEMORANDUM AND ORDER HARPER, Senior District Judge. This is a petition for ...
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OPINION Plaintiff commenced this action pursuant to section 205(g) of the Social Security Act 1 for judicial review of a final decision of the Secretary of Health, Education and Welfare (hereafter “Secretary”) denying plaintiff’s application for disability insurance benefits. 2 The parties have made cross-motions for summary judgment. The sole issue is whether the Se...
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MEMORANDUM OPINION and ORDER This is a civil rights action by a former fireman employed by the City of Kinston, North Carolina, in which it is alleged that the defendants acting under color of state law dismissed him from employment in violation of rights guaranteed to him under the United States Constitution. The plaintiff is seeking both compensatory and punitive damages. Jurisdiction of this...
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405 F. Supp. 575 (1975) Paula KIRTLEY, by her parents and next friends, Paul D. Kirtley and Joice Kirtley v. Albert S. ARMENTROUT, individually and as Principal of William Monroe High School, et al. Civ. A. No. 75-40. United States District Court, W. D. Virginia, Charlottesville Division. December 15, 1975. Ronald R. Tweel, Charlottesville, Va., for plaintiff. Edward R. Slaughter, Jr., McGuire, W...
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MEMORANDUM AND ORDER The instant suit is based upon an allegation of sex discrimination in employment (42 U.S.C. §§ 2000e et seq.). For purposes of this motion for summary judgment the important dates are as follows. On February 21, 1974 the E.E.O.C. sent a letter to plaintiff informing her of the commission’s failure to obtain conciliation in her case. Within the week she obtained the assistance ...
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ORDER This matter is before the court on the parties’ resisted cross-motions for summary judgment filed September 9, 1975 and September 29, 1975, respectively. In this action plaintiff seeks declaratory judgment affirming the validity of two written leases by plaintiff of certain beauty shop equipment in Dubuque, Dubuque County, Iowa to one Margaret Paine (Paine). The following facts are no...
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MEMORANDUM The plaintiffs, on behalf of themselves and others similarly situated, seek to have convened a three-judge court for the purpose of having declared unconstitutional two statutes and to enjoin enforcement of those statutes. Although several defendants originally were named, the plaintiffs now acknowledge that the only defendant who properly should remain is Alan J. Beerman, Secretary of...
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Once again a federal court is called upon to interpret the ramifications of the jurisdictional doctrine announced in Seider v. Roth (1966) 17 N.Y.2d 111, 269 N.Y.S.2d 99, 216 N.E. 2d 312. More specifically, we must determine whether due process permits a non-resident defendant who has involuntarily been made a party to a New York state litigation to assert quasi in rem jur...
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OPINION Plaintiffs herein, Navegación Goya, S.A. (Goya) and American Bulk Carriers, Inc. (ABC), sue pursuant to the admiralty and maritime jurisdiction of this Court, 28 U.S.C. § 1333, to recover under a contract of marine insurance for damage by fire to the S/T KENT (Kent), a vessel owned by Goya and operated by ABC. The complaint demands judgment from the five defendant insura...
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Plaintiff originally brought this Title VII Civil Rights action under 42 U.S.C. § 2000e-2(a) (1) and (c)(1), charging that his employer, the Hickey-Freeman *1230 Company, Inc. [Hickey], unlawfully dismissed him from his job on the basis of his national origin, and charging that the Union, of which he was a member, failed to adequately defend him because of his national origin. In a decision dat...
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This is an application for a writ of habeas corpus. Petitioner was convicted in Niagara County Court in 1971 for selling narcotics under § 1751(1) of the former New York Penal Law. His sentence was seven to fifteen years imprisonment. The Appellate Division, Fourth Department, affirmed the conviction [People v. Torry, 39 A.D.2d 841, 333 N. Y.S.2d 749 (1972)], and leave to appeal to the Court of Ap...
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OPINION The plaintiff, Sonnenblick-Goldman Corp., and the defendant, Marbella Del Caribe, Inc., entered two contracts dated November 8, 1971, under the terms of which t.ie plaintiff became the exclusive agent of defendant for the purpose of securing construction and long term mortgages for the defendant’s condominium project in Puerto Rico. The plaintiff has sued to recover commissions which it al...
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MEMORANDUM DECISION This case arises out of two applications by plaintiff Clarke & Rapuano, Inc. (“C&R”) in the Bankruptcy Court for a determination of the dischargeability of certain debts owed to it by the bankrupts-defendants Morris Ketchum, Jr. and Morris Ketchum, Jr. and Associates (“Ketchum”).* According to C&R, Ketchum entered into a contract with the New York Zoological Society (“Zoo”) fo...
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OPINION Before VAN GRAAFEILAND, Circuit Judge, BONSAL and GAGLIARDI, District Judges. Plaintiffs seek a permanent injunction against an order of the Interstate Commerce Commission (“ICC”) entered on June 3, 1974 (the “June 3d Order”) in a proceeding entitled Ex-Parte No. 305, which order had the effect of permitting a 10% nationwide increase in railroad freight rates and charges. Plaintiffs alleg...
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MEMORANDUM OPINION Plaintiff proceeds herein against the United States of America under the Federal Tort Claims Act (Act), 28 U.S.C. §§ 2671 et seq. Jurisdiction is based on 28 U.S.C. § 1346(b). Plaintiff is the widow of a Federal prison inmate who was confined in the United States Reformatory at El Reno, Oklahoma, during February, 1973. On February 14, 1973 Plaintiff’s decedent was stabbed and...
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OPINION Defendant, Frank Trobaek, was convicted by a jury of knowingly causing stolen securities to be transported in interstate commerce in violation of 18 U. S.C. § 2314. Since he admittedly caused the securities to move interstate, and since he admitted they had been stolen, the only issue at trial was his guilty knowledge. Challenging evidentiary rulings and my instructions to the jury, def...
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405 F. Supp. 607 (1975) Virginia JACKSON, on behalf of herself and all others similarly situated, Plaintiffs, v. The UNIVERSITY OF PITTSBURGH, and Wesley W. Posvar, et al., Defendants. Civ. A. No. 72-3. United States District Court, W. D. Pennsylvania. December 12, 1975. *608 *609 Harold Gondelman, Pittsburgh, Pa., David Berger and Michael K. Simon, Philadelphia, Pa., Sylvia Roberts, Baton Rouge,...
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405 F. Supp. 1063 (1975) UNITED STATES of America v. Ricardo COLLADO BETANCOURT. Cr. No. 74-135. United States District Court, D. Puerto Rico. December 12, 1975. *1064 Juan A. Pérez-Giménez, Asst. U. S. Atty., San Juan, P. R., for plaintiff. Carlos Coll Carpintero, Hato Rey, P. R., Manuel A. Vallecillo, San Juan, P. R., for defendant. ORDER PESQUERA, District Judge. This Court has had under cons...
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OPINION AND ORDER A. — BACKGROUND OF THE CASE This civil action commenced by complaint filed on June 5, 1975, wherein plaintiffs charged defendants with racial discrimination by forcing them to get out of and refusing their entry to the Casino of the Caribe Hilton Hotel because plaintiffs are black. Jurisdiction over the subject matter was invoked pursuant to Title 28, United States ...
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OPINION Plaintiffs in this action for declaratory and injunctive relief are two residents and voters registered in the Democratic Party in the Ninth Ward of the City of Providence. The defendant is the Chairman of the Democratic Committee for the City of Providence (“City Committee”). The Democratic Party structure for the City of Providence is organized on two levels into ward and city commi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter having been tried before the Court on November 19, 1975 without a jury, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. This action was brought by Paul A. Butler and Norma L. Butler to enjoin the defendant District Director from collecting an assessment of income taxes *854 ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW: The following constitute the findings of fact and conclusions of law applicable to the above styled and numbered cause of action. FINDINGS OF FACT 1. This is a class action brought by prisoners confined in the Texas Department of Corrections (the “TDC”), seeking declaratory and injunctive relief against the Director of the TDC. 1 The action *1092 ...
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MEMORANDUM OF DECISION Petitioner, an inmate at the Federal Correctional Institution, Danbury, Connecticut, seeks judicial review of certain features of the good time credit policies of the Bureau of Prisons. Jurisdiction is founded upon either 28 U.S.C. § 2241 or 28 U.S.C. § 1361. Taylor v. Blackwell, 418 F.2d 199 (5 Cir. 1969); United States ex rel. Colen v. Norton, 335 F. Supp. 1316 (D.C...
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Plaintiff, Omar M. Wageed, instituted the within action pursuant to 42 U.S.C. § 1981 seeking compensatory and punitive damages, and declaratory and injunctive relief, against defendant, Schenuit Industries, Inc., asserting that defendant discriminated against him because of his race or color in connection with matters relating to his employment and the termination thereof. Prior to instituting ...
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OPINION Claiming jurisdiction under 28 U.S.C. § 1337, and Section 4 of the Clayton Anti-Trust Act, 15 U.S.C. § 15, William Thomas Watkins of Jackson, Mississippi, initially filed suit for various anti-trust violations against Kwik Photo, Inc., a Mississippi corporation; James F. Thompson, Jr,, Charles Norman Byrd, John Thompson and S. A. Rosenbaum, Mississippi residents; Kolor Print, Inc., an A...
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OPINION Plaintiff, International Adjusters, Ltd. (“Adjusters”), on behalf of Ingosstrakh, an agency of the U.S.S.R. engaged in the business of marine insurance, and the Black Sea and Baltic General Insurance Company, Ltd. (“Baltic”), a corporation organized under the laws of the United Kingdom engaged in the business of marine insurance, commenced this admiralty action on March 2, 1972 seeking re...
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The original plaintiffs, composed of the Greater New York Hospital Association (GNYHA) and Peninsula Hospital Center, on behalf of themselves and other voluntary nonprofit hospitals which are members of GNYHA, move for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. They seek to enjoin the Secretary of the Department of Health, Education and Welfare (HEW) and...
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Plaintiffs, seeking to represent a class of minors who have been civilly committed to two camps of the New York State Division for Yourth because they were adjudicated juvenile delinquents [N.Y. Family Court Act § 731], or persons in need of supervision [N.Y. Family Court Act § 732], allege that their constitutional right to be free from involuntary servitude and various sections of the Fair La...
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ORDER Plaintiff has filed an Application for Alternative Writ of Mandamus in which he states he is a defendant in a criminal case in the District Court of Oklahoma County, State of Oklahoma. He alleges that the Court in said case has refused to allow him to introduce evidence which he contends is material to his defense on said charges and such refusal constitutes a denial of due process to said a...
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I. THE ROGUE RIVER: The Rogue River is one of the nation’s wonders. Its waters wash the shores of the two parcels of property in these cases upon which the government has imposed “scenic easements.” As a result of the easements, the value of defendants’ properties has been diminished. The amounts of the value of such taking are at issue in these cases. The Rogue dashes and dances, meanders an...
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MEMORANDUM OPINION Before the Court are cross-motions for summary judgment in an action brought pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), for judicial review of the Secretary’s denial of plaintiff’s claim for disability insurance benefits under the Act. The sole question presented by the motions is whether there is substantial evidence to support the Secretar...
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ORDER This criminal action arises from a search, jointly conducted by state and federal officers, which resulted in the seizure of both drugs and a sawed-off shotgun. As a result of the search, defendant Wright was indicted for possession of an illegal firearm, allegedly in violation of 26 U.S.C. §§ 5861(d) and 5871. On January 31, 1975, Paul Carberry, a policeman of the city of Denton, Texas, sou...
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MEMORANDUM OPINION AND ORDER Plaintiffs Ernest and Gwendolyn Quailey have applied to this Court for permission to file a late claim against the Government of the Virgin Islands, for injuries allegedly sustained by them at Cramer’s Park, St. Croix, Virgin Islands on December 8, 1974. On that date, Mr. and Mrs. Quailey were sitting at a picnic bench at the public recreational facility when a parked ...
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DECISION and ORDER The plaintiff has filed a motion pursuant to Rule 23(c), Federal Rules of Civil Procedure, for a determination that this case may be maintained as a class action. Also pending is the plaintiffs’ motion for a preliminary injunction. The defendants have moved to dismiss. I conclude that a preliminary injunction for the benefit of the class proposed by the plaintiff should...
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MEMORANDUM OPINION In these actions the plaintiff seeks to have this Court review, reverse, and set aside decisions of the Interior Board of Land Appeals, Office of Hearings and Appeals, U. S. Department of the Interi- or. The material facts are not in dispute. Most of the facts alleged in the Complaint in each case are admitted in the Answers or in admissions at the pretrial conference. Both...
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OPINION Plaintiff is the Government of the United States of America, and jurisdiction is vested in this Court by 28 U.S.C. 1345. The plaintiff, acting by its Department of the Army, Corps of Engineers, purchased two Certificates of Title from the defendant corporation. It now claims that it has suffered a loss of $6,000 because of an error in the Certificates of Title and seeks recovery in that am...
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MEMORANDUM OPINION This is an employment discrimination action brought by federal employees under the Equal Employment Opportunity Act of 1972 (EEOA), Pub.L. 92-261, 86 Stat. 103 et seq., which amends Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1970), and extends procedural protections to federal employees complaining of employment discrimination. Jurisdiction is conferr...
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MEMORANDUM OPINION The proceeding which is the subject of the motion to dismiss under consideration herein is a criminal contempt action brought by the United States Government alleging violations of a Decree of this Court entered in May 1951. That Decree enjoined Respondents herein who are four corporations and four corporate officers all involved in the gypsum wallboard industry from engaging...
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MEMORANDUM AND ORDER On September 18, 1975, Judge Hart, in the exercise of his inherent power to control the judicial process, dismissed this action sua sponte. The plaintiff thereafter moved for a vacation of that order. It is this motion which is now before this Court; it is denied. Clearly, a district court has the power to dismiss a case sua sponte if it is frivolous or brought for so...
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MEMORANDUM OF DECISION This is an interpleader action brought by Aetna Life Insurance Company to resolve conflicting claims to proceeds payable under a group life insurance contract issued by the plaintiff to The Boeing Company. The Court’s subject matter jurisdiction is based on 28 U.S.C. § 1335. Each defendant has moved for summary judgment, has represented to the Court that there are no materia...
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ORDER Presently before the Court in this breach of contract action is the defendants’ motions to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject-matter jurisdiction and plaintiff’s motion to amend the complaint to substitute the named plaintiff. The facts necessary for resolution of the issues presented may be briefly stated. The plaintif...
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MEMORANDUM OPINION AND ORDER The defendant has filed a motion to dismiss the complaint, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, asserting that: (1) Defendant has not been properly served with a summons and complaint in this action; (2) This Court lacks personal jurisdiction over the defendant; and (3) The venue of this action is improper. On November 12, 1975, this Court s...
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OPINION This action, filed in this court on November 7, 1975, arises out of an automobile accident on June 19, 1975, in the State of Florida. The complaint alleges that plaintiffs are citizens of Maryland and that defendant is a citizen of Ohio. There is no allegation connecting defendant with the State of Maryland in any way. Diversity jurisdiction exists, 28 U.S.C. § 1332(a), and venue is prope...
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This is an action brought by Michael and Patricia Moskol seeking damages for an injury sustained by Michael Moskol during an operation at Jones Memorial Hospital. On October 7, 1974 the court heard oral argument on defendant’s motion brought pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the complaint for failure to state a claim upon which relief can be granted. At th...
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Plaintiff, the Federal Deposit Insurance Corporation (“FDIC”), as receiver for the Franklin National Bank (“FNB”), 1 commenced this action on October 31, 1974 alleging that on October 10, 1972 and October 24, 1972, FNB deposited $5,000,000 and $10,000,000, respectively, with defendant, Interbanca-Banca Per Finanziamenti A Medio Termine, S.p.A. (“Interbanea”), an Italian joint stock c...
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OPINION This belated motion by the City of New York defendants to dismiss the complaint on the ground that the court lacks jurisdiction to grant plaintiff’s claim for damages requires a brief history of this litigation, now approaching its fourth year, in which time the case has been before the Supreme Court twice without a final determination on the merits. Plaintiff, a Civil Service social wox-...
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OPINION The principal issue in this case is whether the State of Oregon may continue to use two sets of life expectancy tables, one for men and another for women, in calculating “refund annuity” benefits for retired State employees. Plaintiff Sandy Henderson works for the State.1. The State’s life expectancy tables show that its women employees as *1273a class live longer than men employees. The ...
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OPINION On April 9, 1974 the tank vessel ELIAS was involved in a series of explosions and fires at the Arco Refinery, Fort Mifflin, Pennsylvania on the Delaware River. As a result of the ex *1403 plosions and fires aboard the ELIAS, 42 suits were filed, all of which have been consolidated with the undersigned as related cases. Thirty six suits have been filed in behalf of the...
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409 F. Supp. 960 (1975) PUERTO RICO INTERNATIONAL AIRLINES, INC., Plaintiff, v. Guillermo COLON et al., Defendants. Civ. No. 75-1135. United States District Court, D. Puerto Rico. December 10, 1975. *961 *962 Donald M. Hall, McConnell, Valdés, Kelley, Sifre, Griggs & Ruiz-Suria, San Juan, P. R., for plaintiff. Ginoris Vizcarra de López Lay, Santurce, P. R., for Guillermo Colon, and others. Ro...
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*706ORDER The respective plaintiffs moved on November 26, 1975, after a pretrial conference herein, and after the defendants answered, to be permitted to amend their respective complaints herein so as to demand a jury trial. Amendments to the complaints are inappropriate to accomplish the desired purpose at this stage of the respective pleadings. “ * * * Any party may demand a trial by jury * * * ...
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MEMORANDUM This is a dispute between lienholders as to which has priority. The United States Government, through Farmer’s Home Administration (hereinafter FHA), advanced money to the Hensons to buy a lot and erect a dwelling thereon. FHA secured its loan by a first deed of trust duly recorded under Virginia law. Subsequently, Purcell Lumber Corporation (hereinafter Purcell), furnishe...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action seeking review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff the establishment of a period of disability and disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423. Jurisdiction is pursuant to § 205(g) of the Act, 42 U.S.C. § 405(g); Plaintiff meets th...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action seeking review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff the establishment of a period of disability and disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423. Jurisdiction of this court is pursuant to § 205(g) of the Act, 42 U.S.C. § 405(g). The ...
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MEMORANDUM OF DECISION This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1974 (42 U.S.C. § 2000e et seq.) and 42 U.S.C. § 1983 by plaintiffs Mary and Margaret Simonton and Serena Fujita,1 former female employees of defendant Sumitomo Bank of California (hereinafter, Sumitomo), against Sumitomo and four individual officer and manager employees of Sumito...
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MEMORANDUM OPINION Use plaintiff Otis, a subcontractor involved in the construction of the Hirshorn Museum and Sculpture Garden in Washington, D.C., is suing the project’s prime contractor, Piracci, for breach of contract and Piracci’s surety, Aetna, for increased expenses resulting from delays in the completion of the project. The cause of action against Aetna is based on the Miller Act,...
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MEMORANDUM, DECISION The plaintiff, Edwin Nelson, complains of the defendant Trustees’ decision that he is ineligible to receive pension benefits from the Local 710 Pension Fund. The defendants, the Trustees of the Pension Fund, contend that Nelson is a partner rather than an employee, and as such, is prohibited from receiving Pension Fund benefits. Pending for decision are cross motions ...
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MEMORANDUM DECISION On May 1, 1975, the plaintiff, David James Hundley and William L. Bauer, Jr., filed a pro se civil rights action against the defendants, Allyn Sielaff, Director of the Illinois Department of Corrections, and David Brierton, the Warden at Stateville Penitentiary. 42 U.S.C. § 1983; 28 U.S.C. § 1343(3) (1970). The defendants have moved to dismiss the complaint,...
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MEMORANDUM AND ORDER Petitioner, Eugene Owen Mitchell; has lodged with the Clerk of this Court a petition for injunctive and declaratory relief relying upon several civil rights statutes, 42 U.S.C. §§ 1983, 1986, and the declaratory judgment statutes, 28 U.S.C. §§ 2201-2202. In addition, the petitioner requested the submission of 'the case to a three-judge court pursuant to 28 U.S.C. § 2281. Ac...
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The plaintiff, Joseph C. Green, has brought this action pursuant to Section 205(g) of the Social Security Act, 42 U. S.C. § 405(g), to review a denial of benefits by the Secretary of Health, Education and Welfare. The plaintiff and defendant have filed cross motions for summary judgment. Plaintiff initially filed an application for the establishment of a period of disability and for disability ins...
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OPINION Plaintiff, William Gilmour, a driver and owner of harness racehorses, moves for an order enjoining defendants Roosevelt Raceway, Inc. (“Roosevelt”), Yonkers Racing Corporation (“Yonkers”) and New York State Racing and Wagering Board (“State Racing Board”) from barring him from participation in harness races conducted by the defendants pending the trial and determination of this ac...
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FINDINGS AND CONCLUSIONS This action was originally commenced in the Supreme Court of the State of New York and was removed to this Court pursuant to 28 U.S.C. § 1446. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332. The plaintiff has sought a declaratory judgment that a promissory note made by plaintiff Frequency Electronics, Inc. (“Frequency”) payable to National Rad...
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MEMORANDUM Plaintiff Eaton Allen Corp. (Eaton Allen) sues Paco Impressions Corp. *532 (Paco) and Emanuel Fontana for trademark infringement and unfair competition, seeking injunctive relief and damages. The complaint also alleges that defendants are selling products below cost in violation of 15 U.S.C. §§ 1, 13 and 15. Paco moves for summary judgment dismissing the claims of ...
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OPINION Steelworkers’ Local 1537 represents the production and maintenance employees at plaintiff company’s Latrobe.plant. The members of Local 1537 refused to cross a picket line established at the plant by fellow employees who are members of another Steelworkers’ local representing the plant’s office and technical workers. 1 The company claims that the union’s refusal to cr...
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MEMORANDUM AND ORDER The plaintiff, widow of a deceased coal miner, has filed this suit to challenge the Secretary’s decision denying disability benefits, and contends that she is entitled to benefits under Title IV, Section 412(a) of the Federal Coal Mine Health & Safety Act of 1969, as amended in 1972. 30 U.S.C. § 901 et seq. An evidentiary hearing on plaintiff’s claim for black lung survivor’s...
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MEMORANDUM This is a personal injury diversity case in which the defendants are sought to be held liable for injuries caused the wife plaintiff by an allegedly defective snowblower attached to a tractor. Defendant Clark Gravely Corp. (Gravely), the manufacturer of the machine that allegedly caused the injury, is charged with strict liability in tort pursuant to Restatement, Second, Torts § 402A, ...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS’ CROSS-MOTIONS FOR PARTIAL .SUMMARY JUDG- * MENT These three actions seek to recover damages for deaths and personal injuries sustained by arriving international passengers on defendant airline as the result of a terrorist attack in the baggage area of the Terminal Building of Lod Intern...
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OPINION AND ORDER On May 17, 1974, plaintiff Union, on behalf of 235 stevedores, filed this lawsuit and on August 15, 1974, plaintiffs amended their complaint. Defendant filed its timely answer, raising numerous affirmative defenses. Thereafter, on October 20, 1975, defendant filed a motion to dismiss and for summary judgment together with supporting affidavit and brief. On November ...
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MEMORANDUM OPINION AND ORDER The plaintiffs in this securities fraud action are three individuals suing pursuant to Fed.R.Civ.P. 23(b)(3) on behalf of themselves and all other persons who purchased securities from the Defendant Robert L. Arata within three years prior to the filing of this suit. Arata has not received service of process since an involuntary bankruptcy petition had been fi...
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MEMORANDUM AND ORDER APPROVING PLAN OF REORGANIZATION On April 5,1973, this Court approved the petition of Equity Funding Corporation of America (“EFCA”) for protection and reorganization under Chapter X of the Bankruptcy Act (11 U.S.C. § 501 et seq.). 1 On October 24, 1974, after soliciting suggestions for a plan pursuant to Section 167(6) of the Bankruptcy Act [1...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING PRELIMINARY INJUNCTION Plaintiffs’ motion for Preliminary Injunction came on for hearing on November 24, 1975. In support of their motion, plaintiffs filed over 600 pages of memoranda and affidavits while defendant the Times Mirror Company (“Times Mirror”) filed 158 pages of memoranda and affidavits in opposition, as well as a 226 page Appendix de...
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MEMORANDUM OF DECISION In a three-count complaint, the plaintiff, Robert Saladino, a former federal inmate, claims that: (1) the procedures employed by the defendants to determine his claim for compensation under 18 U. S.C. § 4126 violated his due process rights; (2) the denial of his claim for compensation was arbitrary and lacked a sufficient basis in fact, 5 U.S.C. § 706; and (3) the i...
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FINAL JUDGMENT OF FORFEITURE AND MEMORANDUM OPINION This cause came before the Court on plaintiff’s Motion for Summary Judgment seeking to forfeit the sailing vessel “Winds Will.” The Court having consid *881 ered the record and being fully advised in the premises, finds and concludes that final summary judgment of forfeiture be entered in favor of the United States. THE PACTS On Septembe...
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IN PROCEEDINGS FOR AN ARRANGEMENT UNDER CHAPTER XI ORDER This is an appeal from an order of the bankruptcy judge entered in a proceeding pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701, et seq., enjoining appellant utility company from requiring appellees to pay a two-months’ security deposit or post a surety bond as a precondition to continued electrical service. Two question...
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ORDER This Title VII enforcement action by the EEOC under Section 706(f)(1) and (3) and (g) alleges that the defendant, National Cash Register Company [NCR], violated Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a) and § 2000e-3(a) by discriminating against women with respect to discharges, maternity leave policies and terms and conditions of employment. The case is presently before t...
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ORDER The Court is presented with a motion to dismiss filed by the defendant, Loomis Cycle Sales, Inc., pursuant to Federal Rules of Procedure 12(b)(6). The Court has studied the memoranda filed and must deny defendant Loomis Cycle Sales, Inc.’s motion to dismiss. The Court assumes jurisdiction pursuant to 15 U.S.C., Section 1989. FACTS Plaintiff alleged in his complaint that on March 11,...
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OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND GRANTING RESPONDENT’S MOTION TO DISMISS Petitioner is presently serving a life sentence imposed by the Livingston County, Michigan, Circuit Court on June 26, 1968, following his conviction for first degree murder in the killing of a *1135 Hamburg (Livingston County), Michigan drug store owner during a robbery. ...
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In these three consolidated cases, plaintiffs allege, in identical complaints, that defendants fraudulently and deceptively offered to sell and sold in interstate commerce unregistered securities — fractional interests in oil and gas leases — in violation of federal and state securities laws. Defendants Bethel College and Seminary •> Development Foundation (hereinafter Foundation), a Minnesota...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 1st day of October 1975. The Court, after examining the pleadings and the evidence presented at the trial makes the following Findings of Fact and Conclusions of Law involved in the collision of the vessel F/V MISS JEAN, owned by the plaintiff, Walter F. Harris, and the vessel F/V THE VICTORY, owned b...
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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. I. Background of the Litigation The Daikon Shield is an intrauterine contraceptive device that was invented in 1968. It was clinically tested from September 1968 to November 1969, at which time it was com...
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OPINION On November 7, 1975, over the government’s objection, a hearing was held on defendant’s motion to suppress evidence seized by police officers on February 19, 1975, from a car he was driving. On November 14, 1975, a memorandum opinion was filed validating the search and seizure and denying the motion to suppress. The matter proceeded to trial on November 18-19. The seized materials — whi...
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OPINION AND ORDER This cause is before the Court pursuant to plaintiff’s action for equitable relief and damages brought under Section 1983 of the Civil Rights Act, Title 42, United States Code and its jurisdictional counterpart, Title 28, United States Code, Section 1343, against the Secretary of Agriculture of the Commonwealth of Puerto Rico, Antonio Gonzalez Chapel, the Director of Personnel o...
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OPINION AND JUDGMENT On August 23, 1972, Robert M. X. Alston was sentenced in this Court by the Honorable H. Emory Widener, Jr. to twenty years in jail for bank robbery. Alston had withdrawn his plea of not guilty and upon inquiry by the Court been allowed to plead guilty to the charge against him. Now, pursuant to 28 U.S.C. § 2254, Alston is petitioning this Court for a writ of habeas corpus alle...
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MEMORANDUM OPINION Plaintiffs seek a judgment declaring invalid a ruling of the Comptroller of the Currency holding that automatic stock purchasing services offered by national banks did not violate sections 16 and 21 of the Glass-Steagall Act, 12 U.S.C. §§ 24, 378 (1970). The matter is now before the court on cross motions for summary judgment, pursuant to rule 56 of the Federal Rules of...
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MEMORANDUM Plaintiffs in these separate actions seek to prevent the Navy from proceeding with a proposed consolidation of the Naval Oceanographic Program and the transfer of its civilian personnel to a site in Mississippi owned by NASA. They rely primarily on the National Environmental Policy Act (42 U.S.C. § 4331 et seq.), and their motions for preliminary injunction have now ...
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MEMORANDUM OF DECISION AND ORDER FOR JUDGMENT This negligence action was brought under the Federal Tort Claims Act by Joseph and Joyce Ellington on behalf of their daughter Tina Ellington. Joseph Ellington joined in the action individually to assert a derivative claim. Subject matter jurisdiction is based on 28 U.S.C. § 1346(b). The claim of Tina Ellington is for her mental pain and ...
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ORDER This is a diversity action in which plaintiff seller seeks to recover lost profits and out-of-pocket expenses from defendant buyer for buyer’s alleged breach of contract. The case is currently before the court on plaintiff’s motion for a ruling on the admissibility of certain evidence. In September 1972 the parties entered into a contract for the sale of concrete for use in the...
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*897 ORDER This criminal action is presently before the court on defendants’ motion for reduction of sentence, see Rule 35, Fed.R. Crim.P.; and on defendants’ motion for a stay of execution of sentence pending appeal. See 18 U.S.C. § 3148; Rule 38, Fed.R.Crim.P.; Rule 9, Fed.R. App.P. This court sentenced defendants to short periods of confinement, to be followed by a period of probation,...
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ORDER The instant action has arisen in connection with a Grand Jury proceeding convened to investigate possible criminal antitrust violations in the motor carrier industry. The action is presently before the court on (1) the motion of Southern Motor Carriers Rate Conference, Inc. [hereinafter “SMCRC”] to quash a subpoena duces tecum calling for the production of documents before the Grand...
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MEMORANDUM ORDER This is an action to review a decision of the Secretary of the Department of Health, Education and Welfare that the plaintiff, Ben Day, was born on February 18, 1910, rather than on November 18, 1909, as he contends. 42 U.S.C. § 405(g) (Supp.1974). The Secretary has moved for summary judgment, and that motion is ready for decision. On October 2, 1972, the plaintiff filed an appli...
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MEMORANDUM OPINION This cause is before the Court upon the complaint of the plaintiff, Altamil Corporation (hereinafter “Altamil”), seeking to recover from the defendant, Millard H. Pryor, Sr. certain profits realized by the defendant’s wife, Mary S. Pryor from the purchase and sale of certain shares of Altamil common stock. The parties have submitted this cause to the Court for judg...
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RULING ON MOTION By complaint filed March 10, 1975, Charles Smith brought this action against Olinkraft, Inc. (Olinkraft), to redress alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e), and the Civil Rights Act of 1866, 42 U.S.C. § 1981. We now have before us Olinkraft’s 12(b) motion to dismiss plaintiff’s § 1981 claim for money damages. Jurisdicti...
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RULING The plaintiff, John N. Fontenot, has brought this action pursuant to Section *168205(g) of the Social Security Act, 42 U. S.C. § 405(g), to review a denial of benefits by the Secretary of Health, Education and Welfare. The defendant has filed a motion for summary judgment. Plaintiff’s petition asserts that the record fails to provide the standard of evidence necessary to support the Secreta...
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*930 MEMORANDUM AND ORDER This is an action seeking declaratory relief brought by a surety company against six named defendants including the Secretary of Housing and Urban Development and the Massachusetts Housing Finance Agency. The suit arose out of the construction of an apartment project designed to meet housing needs of low and moderate income families. Numerous difficultie...
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MEMORANDUM This is a civil action for alleged violation of civil rights, in which jurisdiction of this court is invoked under 28 U.S.C. A. § 1343(3) and 42 U.S.C.A. § 1983. Plaintiff is a resident of Massachusetts and a professional horse trainer. Defendants are the Massachusetts Racing Commission, the individual members thereof, and Ogden Suffolk Downs, Inc., the owner and operator of the Suff...
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MEMORANDUM AND ORDER This matter is before the Court upon the petitioner’s ex parte complaint seeking numerous legal remedies, such as a declaratory judgment, the appointment of a special federal prosecutor, and a set of interrogatories to be propounded to every Judge in this District. This action is the eighteenth, (18th) in a series of pro se actions that have been filed by the petitioner in thi...
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405 F. Supp. 308 (1975) In re RYDER TRUCK LINES, INC. EMPLOYMENT PRACTICES LITIGATION. No. 220. Judicial Panel on Multidistrict Litigation. December 5, 1975. 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. OPINION AND ORDER PER CURIAM. This litigation consists of fou...
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MEMORANDUM AND ORDER Plaintiff in this civil action is a defendant in a criminal case scheduled for trial on December 8, 1975, in the Court of Common Pleas of Franklin County, Ohio. He is charged with aiding and abetting aggravated robbery and aggravated murder. He is being held, in lieu of $100,000.00 bail, in the Franklin County jail. His counsel have arranged to have a polygraph examination giv...
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MEMORANDUM AND ORDER Defendant, James Harris, Jr., has been indicted and charged with the interstate transportation of a stolen motor vehicle (18 U.S.C. § 2312), and the theft of merchandise traveling in interstate commerce (18 U.S.C. § 659). Presently before us is a three-pronged Motion to Suppress Evidence in which Defendant requests the following relief: (1) the suppression of all test...
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OPINION This action involves alleged violations of the Truth in Lending Act (“Act”), 15 U.S.C. §§ 1601-1681t, and Regulation Z, 12 C.F.R. § 226 et seq. (1974) ,1 concerning certain transactions whereby defendants attempted to collect the balance due on an original loan. Presently before the Court are plaintiff’s motion to dismiss defendant’s counterclaims and motion for class action certification...
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MEMORANDUM AND ORDER NO. 2116 The Borough of Huntingdon, the County of Huntingdon, the Pennsylvania Public Utility Commission (PUC), and the Pennsylvania Department of Transportation (PennDOT) have petitioned this Court to direct the Trustees to comply with a PUC order entered June 13, 1972. That order would require the Trustees to contribute in excess of $300,000 to the total cost of reconstructi...
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MEMORANDUM AND ORDER NO. 2115 In June of 1971, the petitioner (“Tony DePaul”) contracted with the City of Philadelphia to furnish labor and materials for a sidewalk and roadway paving project on Delaware Avenue in South Philadelphia. The improvement project was completed in June of 1972. The City sought to compensate petitioner for the services rendered by issuing Tony DePaul assessment bills agai...
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MEMORANDUM This action was filed on October 20, 1975, by the Tennessee Valley Authority seeking declaratory and injunctive relief against defendant Westinghouse Electric Corporation for the repudiation of two contracts to supply nuclear fuel for two of T.V.A.’s electrical power plants.1 Before the Court is T.V.A.’s motion for partial summary judgment in its favor on Count II of its complaint on t...
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*1110 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner was charged with kidnapping, felon in possession of a firearm, and two counts of extortion in an information filed in the Superior Court of Los Angeles County, California. The extortion counts were subsequently dropped. Following a jury trial, he was found guilty of kidnapping for ransom and unlawful possession of a firearm and...
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MEMORANDUM OF DECISION These actions by 159 plaintiffs, all enlisted men in the United States Navy, have been consolidated. The plaintiffs, seek habeas corpus relief or, in the alternative, money damages under the Tucker Act, 28 U.S.C. § 1346(a)(2), for the alleged breach of military enlistment contracts entered into by each of them. The defendants are the United States, the Secretary of ...
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ORDER DENYING MOTION FOR RECONSIDERATION On October 7, 1975, the United States of America, through the Immigration and Naturalization Service, Department of Justice, and by the District Director of said Service moved this Court to set aside the judgment entered on August 25, 1975 .in favor of petitioner granting him admission to citizenship. The dispositive question is whether petitioner qualifies...
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MEMORANDUM OPINION AND ORDER This matter is presently before this Court on five motions which have been filed by defendant Lauricella. Defendant has filed a Motion for Discovery, a Motion for an Order Establishing Order of Proof by the Government, a Motion to Dismiss the Indictment, a Motion for a Bill of Particulars, and a Motion to Dismiss Count V of the Indictment. The Court is of the opinio...
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*311OPINION 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 involves two actions in two different districts: one in the Eastern District of Missouri and the other in the Eastern District of Illinois. Both actions arise from a dispute between an...
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OPINION AND ORDER On June 12, 1975, this Court granted the motion of defendant Tokyo Boeki (U.S.A.), Inc. to dismiss the complaint as to it pursuant to Rule 12(b) F.R.Civ.P. The Court wrote that “the complaint as it now reads does not set out any discernible claim against that entity and must be dismissed.” However, plaintiff was granted leave to file an amended complaint. H. L. Fede...
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MEMORANDUM Frederic G. Withington, a non-party to this antitrust action between the United States and International Business Machines Corporation (hereinafter IBM) has moved this court “for an Order, pursuant to Rule 45 of the Federal Rules of Civil Procedure and Section 2304 of the Civil Practice Law and Rules of the State of New York,” 1 *176 quashing and vacating a ...
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OPINION AND ORDER This appeal by the bankrupt, Frank J. Crimmins (Crimmins), is from an order of Bankruptcy Judge Howard Schwartz-berg dated May 12, 1975 granting the motion of the creditors Victor J. and Valda E. DeRobertis (the DeRobertises) for a declaration that their claims for securities fraud, as asserted in Civil Action 72 Civ. 3226 filed in this Court and transferred to the U.S. ...
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MEMORANDUM OPINION AND ORDER This is an action pursuant to 30 U.S.C. § 923(b) which incorporates by reference 42 U.S.C. § 405(g) for judicial review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff benefits under Title IV of the Federal Coal Mine Health and Safety Act, both as originally enacted in 1969 and as amended in 1972, 30 U.S.C. §§ 901 et seq. (...
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ORDER Plaintiffs sued Fee International, Ltd., Resco, Ltd. and Harry J. Flewelling for patent infringement, false marking and unfair competition. A non-jury trial was conducted and on March 29, 1974 the Court found Plaintiffs to be the owners of U. S. Patent No. 3,555,939 (939); that ’939 is a valid patent; that Defendants’ “QualiKraft” FD-800 wrench infringes ’939; that Defendants were g...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a patent infringement action alleging that defendant is infringing certain claims of plaintiff’s patents 3,127,130 and 3,076,623, hereinafter ’130 and ’623. In 1963 and 1964, plaintiff was issued patents for inventions of a variable shaped airfoil, patent ’623, and a wing and flap system, patent ’130 (see exhibits G and F, respectivel...
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MEMORANDUM ORDER This is an action to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as the widow of a deceased coal miner for black lung benefits pursuant to Section 411(a) and Section 412(a)(2) of the Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972. 30 U.S.C.A. §§ 921(a) and 922(a)(2). Review is pur...
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Prompted by a hand-written letter deemed to be a civil complaint, in which Melvin Wilson, a state prisoner at the Middle Georgia Correctional Institute in Milledgeville, Georgia, complained that certain legal materials had been taken from him by prison authorities, this .court held a hearing where it became apparent that no legal library existed for prisoners at the institution. Counsel for the s...
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MEMORANDUM DECISION This action presents questions concerning the class of persons who may maintain a private action for equitable relief under Rule 10b-5 of the Securities and Exchange Commission; the scope of the substantive provisions of that Rule; and the appropriate equitable relief to be granted in light of the violations of the Rule which have been proved. *26 The cas...
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OPINION The narrow issue presented for our consideration, on cross motions for summary judgment, is whether New Jersey’s policy of denying AFDC 1 benefits to pregnant women, irrespective of whether there are other dependent children in their care, is constitutionally infirm. As a result of the decision in Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975) discussed infra, ...
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This is an action for the forfeiture of a fully mounted leopard, an endangered species illegally imported from the Republic of Kenya, Africa, into the United States. The applicable law is Section *1299 4(a) (2) of the Endangered Species Conservation Act of 1969, P.L. 91-135. The Secretary of the Interior, on March 30, 1972, added the leopard (Panthera pardus) to the list of Endangered Foreign...
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405 F.Supp. 534 (1975) Deborah DOE and Dee Do, Individually and on behalf of all other women similarly situated, Plaintiffs, v. Leroy ZIMMERMAN, Individually and as District Attorney of Dauphin County, Pennsylvania, and on behalf of himself and all other District Attorneys in Pennsylvania except those in Allegheny and Philadelphia Counties, Defendants. Civ. No. 74-897. United States District Cour...
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*526 FINDINGS OF FACT, CONCLUSIONS AND ORDER The plaintiff Kent Ouimette has instituted this proceeding in his own behalf and for the benefit of his daughter Yvonne, against the principal and school directors of the Missisquoi Valley Union High School. The purpose of the action is to enjoin the defendants from excluding Yvonne from attending classes at Missisquoi Valley Union High School (MVU...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed this action challenging the final decision of the Secretary of' Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the Social Securit...
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DECISION and ORDER This action was commenced on August 30, 1974. By decision and order dated November 14, 1974, Judge Gordon, sitting as a single judge, denied the plaintiff’s motion for a temporary restraining order. Subsequently, a three-judge panel was appointed pursuant to 28 U.S.C. § 2284. After cross-motions for summary judgment had been fully briefed, we requested the submission of sup...
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OPINION AND ORDER In August 1974, Robert A. Metzler, Sr. was engaged in the operation of a manufacturing wholesale chrome and glass furniture business under the trade name of Birmingham Occasional Furniture Company. He had been purchasing chrome plated tubular products from the Semco Division, Delwood Furniture Company, Inc., prior to February 1974, and had become in arrears with his account to...
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ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF This action for refund of federal estate taxes paid to the defendant United States government is brought by John H. Finley, Executor of the estate of Mildred B. Whitlock. Plaintiff-executor and defendant United States of America agree in their joint addition to the pretrial stipulation that there are no disputed material facts and that this cause ma...
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ORDER Plaintiffs, Darrel D. McArthur and Gary J. Doolin, bring this action against Defendant, Norfolk and Western Railway Co., for restoration of lost seniority, status and pay suffered by reason of Defendant’s violation of the provision of § 9 of the Military Selective Service Act, as amended 50 U.S.C. App. § 459. Prior to entry into the Armed Services of the United States, Plaintiffs were both ...
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MEMORANDUM OF DECISION This is an action brought by the plaintiff to recover on a fire insurance policy issued by defendant. Jurisdiction in this Court is based on diversity, 28 U.S.C. Section 1332. The parties have submitted a stipulation of facts and hav*1077ing waived a trial of the issues, seek this Court’s decision based on the stipulation of facts as to which party is entitled to judgment. ...
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MEMORANDUM OPINION AND ORDER This case is before the Court on motion to determine whether leave should be granted to plaintiffs to file a second amended complaint and whether Count I of that complaint states a claim upon which relief can be granted under section one of the Sherman Act, 15 U.S.C. § l. 1 In addition to presenting a new theory of liability under the Sherman Act in...
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MEMORANDUM OF DECISION AND ORDER The defendant District Director of the Immigration and Naturalization Service moves to dismiss this action by a plaintiff surety company and two of its agents for a declaratory judgment that four immigration bonds have not been breached. The grounds for the motion, which presents questions of first impression, are that the court lacks subject matter jurisdiction a...
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This is a civil action seeking to enjoin the Louisiana State Department of Education from providing books, school material, and funds for student transportation to students attending all-white, segregated private schools in the State of Louisiana. The suit also requests that state statutes providing for such assistance to private schools be declared unconstitutional as violative of the Equal Pr...
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OPINION AND ORDER OF THE COURT This is an action for refund of $15,-519.93 federal income taxes, plus statutory interest, alleged to have been erroneously assessed to and paid by plaintiff Casco Bank & Trust Company, trustee under the will of Arther Clifford Bunker, for the years 1966, 1967 and 1968. The sole issue presented is whether, on its income tax return for each of the years in qu...
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Plaintiff seeks review of a final determination of the Department of Agriculture Food Stamp Review Officer,1 finding plaintiff in violation of the Food Stamp Act and regulations thereunder and disqualifying him and his grocery store from participation in the food stamp program for a six month period which began on September 6, 1975. Plaintiff attacks only the length of the period of disqualificati...
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OPINION November 17, 1975 defendant, seeking the benefits available under 18 U.S.C. § 5021(b), filed her motion for discharge from probation and issuance of certificate setting aside her conviction. The relevant facts are few. On November 9, 1972 defendant was convicted on her plea of guilty of a January 12, 1971 violation of 26 U.S.C. § 4755(a) (1). At the time of her offense, the applicable pena...
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MEMORANDUM This is a civil action brought by a former employee of the Penn Central Transportation Company against the trustees of the property of the Penn Central Transportation Company, pursuant to the provisions of 45 U.S.C.A. § 153. Plaintiff seeks an order of this Court reversing the decision of a Public Law Board which upheld his discharge by the Railroad, reinstatement, and back salary from...
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OPINION Plaintiffs, Andrew L. Stone and M. Jeanne Stone, husband and wife, commenced this action against the United States of America and the District Director of Internal Revenue for a judgment (1) enjoining the defendants from enforcing, by lien, levy or otherwise, a jeopardy assessment made against plaintiffs for income deficiencies, interest and penalties totalling $7,108,861.73 for t...
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MEMORANDUM In this morbidly durable case, plaintiff sued under the Jones Act, 46 U.S.C. § 688, for a crushed left thumb he sustained in an accident on August 30, 1966. A jury verdict of $75,000 was returned on March 26, 1971. District Judge Mansfield, as he then was, ordered a new trial unless plaintiff consented to a reduced award of $45,000. When plaintiff withheld consent, a new trial was order...
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MEMORANDUM Defendant moves, pursuant to Rule 12(b)(6) Fed.R.Civ.P. to dismiss this state court prisoner’s civil rights action. Plaintiff, an inmate serving a life sentence in the Eastern Correctional Facility in Naponach, New York as a result of a conviction of second degree murder, brings this action under 42 U.S.C. § 1983 for the alleged deprivation of his First Amendment, due process and e...
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MEMORANDUM AND ORDER In the Initial Pre-Trial Conference Memorandum and Order issued by this Court on June 2, 1975, the Court noted that there were no pending motions in the case other than those appearing in the answer of the defendant which had been filed on April 21, 1975. The Court proceeded in the Memorandum and Order to request the defendant to review the various defenses raised, an...
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OPINION This matter is before me on motions for summary judgment by both defendants, Pittsburgh Coal Company, a Division of Consolidation Coal Company (Consol) and Campbell Barge Lines (Campbell) against the plaintiff, Helmut B. Specht. The defendants’ motions are based upon the record of this case, which consists of the plaintiff’s deposition of November 22,1974 and uncontradicted answer...
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MEMORANDUM AND ORDER DEFENDANT’S MOTION TO DISMISS COUNT ONE OF INDICTMENT Defendant has moved to dismiss Count I of the indictment, which alleges violation of 18 U.S.C. § 241. That statute prohibits conspiracies to threaten or intimidate citizens of the United States because of their exercise of a right se *1162 cured to them by the Constitution or laws of the United States. In this case, th...
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438 F. Supp. 337 (1975) A. Henry "Hank" SOAR et al. v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION et al. Civ. A. No. 4986. United States District Court, D. Rhode Island. December 2, 1975.[*] *338 Leonard Decof, Raymond W. Monaco, Providence, R. I., for plaintiffs. Edward F. Hindle and Stephen A. Fanning, Jr., Thomas Gidley, James A. Jackson, Thomas Quinn, Providence, R. I., Edward M. Glennon, M...
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ORDER Plaintiff’s intestate, George L. Kauzlarich, allegedly came to his wrongful death on February 12, 1971, while employed aboard the defendant’s vessel, S/S Esso New Orleans, when said vessel was on the high seas in the Gulf of Mexico approximately 83 miles from land. The above entitled action was instituted on April 1, 1975, more than four (4) years after the death of plaintiff’s inte...
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MEMORANDUM DECISION Petitioner seeks habeas corpus relief under the provisions of 28 U.S.C. Sec. 2254 (1970). Petitioner Aschmeller is confined in the South Dakota State Penitentiary under a life sentence imposed in 1971, following a conviction for murder perpetrated in the commission of a felony. The conviction was affirmed by the South Dakota Supreme Court. State v. Aschmeller, S.D., 209 N....
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The above-styled cause was heard by the Court without a jury and taken under submission on the 15th day of September 1975. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. This action was brought by the plaintiffs, Wesley D. Birdwell and wife, Shirley Faye Birdwe...
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MEMORANDUM ORDER 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 to disability insurance benefits under the provisions of the Social Security Act, as amended. This action is pending before this Court upon the defe...
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409 F. Supp. 344 (1975) James W. CONWAY, and the class he represents, Plaintiff, v. The CITY OF KENOSHA, WISCONSIN, et al., Defendants. No. 75-C-466. United States District Court, E. D. Wisconsin. December 2, 1975. *345 *346 James W. Conway, pro se. Brigden, Petajan, Linder & Honzik by Roger E. Walsh, Milwaukee, Wis., for defendants. DECISION and ORDER MYRON L. GORDON, District Judge. On Aug...
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ORDER These actions arise out of an automobile accident which occurred on April 27, 1973, in Clayton County, Georgia. Plaintiffs, citizens of the State of Georgia, filed suit against defendants Barber, citizens of the State of Alabama, in the United States District Court for the Southern District of Alabama, Northern Division, on April 23, 1975, apparently positing jurisdiction upon diversity of c...
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408 F.Supp. 622 (1975) Melvin ROBERTS, Plaintiff, v. H. W. IVEY CONSTRUCTION COMPANY, INCORPORATED, Defendant. Civ. A. No. C74-1996A. United States District Court, N. D. Georgia, Atlanta Division. November 5, 1975. Supplemental Opinion December 1, 1975. *623 S. Ralph Martin, Jr., Atlanta, Ga., for plaintiff. William M. Pate, Atlanta, Ga., for defendant. ORDER OF COURT MOYE, District Judge. This ...
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MEMORANDUM The Government filed this suit on April 17, 1973, in two counts. The first count seeks to obtain a judgment against the defendants, Leroy A. Posner and Shirley Posner, jointly and severally, for personal income taxes assessed against them in the amount of $5,847.73, plus interest. The second count seeks to obtain a judgment against Leroy A. Posner, individually, as the responsible of...
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MEMORANDUM AND ORDER The above entitled action is a suit under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., for false arrest and malicious prosecution. The plaintiffs were employees of the defendant at the time of their arrest on September 6, 1970. The defendant moves this court for an order dismissing plaintiffs’ complaint and/or for summary judgment on the ground t...
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MEMORANDUM AND ORDER This is an appeal from an order of Bankruptcy Judge Edward J. Ryan, entered May 16, 1975, granting the motion of respondent MetPath, Inc. (MetPath) to dismiss the petition of the debtor-appellant Medical Analytics, Inc. (Medical) to set aside the confirmation and discharge entered May 2, 1974 on the ground of fraud. Judge Ryan ruled that the petition was time-barred s...
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MEMORANDUM OPINION AND ORDER On October 9, 1974, near Seligman, Arizona, plaintiff William H. Buckner was driving a truck in which his wife, also an employee of the carrier, was a passenger. While the truck was in motion, Carolyn Buckner fell out of the right door, struck her head on the pavement, and died shortly thereafter. This action was filed by Buckner, individually and as surv...
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MEMORANDUM OPINION AND ORDER The plaintiff Watauga Rayon Workers Union, Local No. 2207 (union) seeks herein monetary damages from, and the enforcement of an allegedly binding arbitration award against, the defendant Beaunit Fibers (employer). 29 U.S.C. § 185; Textile Workers Union v. Lincoln Mills (1957), 353 U.S. 448, 452-455, 77 S.Ct. 912, 1 L.Ed.2d 972, 978-979 (headnotes 2, 3). The employer m...
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MEMORANDUM OPINION In the Spring of 1974, appellant approached appellees soliciting from them funds for investment in a limited partnership which would own and operate a 100-unit apartment complex in Henderson, North Carolina. Appellees, on August 13, 1974, gave to appellant checks totalling $60,000 and letters of credit for a like sum, pursuant to assurances by appellant that he already owned th...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS John Gurrieri (Gurrieri) and a co-defendant, John Sarkisian (Sarkisian), were convicted of second degree murder pursuant to § 187 of the California Penal Code. The California Court of Appeals affirmed the conviction of Gurrieri *23and denied a rehearing. Subsequently, the Supreme Court of California denied a hearing on the direct appeal. Gurrieri th...
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OPINION This is a civil action brought for alleged violation of plaintiff’s civil rights. Jurisdiction of this court is invoked under 28 U.S.C. § 1343 for causes of action alleged to have arisen under 42 U.S.C. § 2000e-5(f) (1) and pursuant to 42 U.S.C. § 1981. Plaintiff seeks declaratory and injunctive relief, as well as money damages, against defendant Stop & Shop Companies, Inc. (Stop & Shop),...
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MEMORANDUM This is a civil action in which jurisdiction of this Court is claimed both on the basis of a federal'question, and on the basis of diversity jurisdiction. Count I of the Complaint is brought on the basis of the Sherman Act, 15 U.S.C. § 1, and the Clayton Act, 15 U.S.C. §§ 15 and 26. Counts 2 through 18 sound in contract and tort. The matter came before the Court for hearin...
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MEMORANDUM OPINION AND ORDER Plaintiff, Dora Tucker, commenced this diversity action against Norfolk and Western Railway for personal injuries allegedly sustained in a grade crossing collision between its train and an automobile driven by her husband, Thomas Tucker. Norfolk and Western impleaded Thomas for contribution or indemnification, alleging primarily negligence, gross negligence, and las...
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Defendant Biss, a federal law enforcement officer, moves to dismiss the complaint against him. The other three defendants in this action are New York City policemen. All are accused of violating the civil rights of the six plaintiffs during an alleged illegal entry into their apartment on September 26, 1972. The complaint in this action was not filed until November 27, 1973, more than one year ...
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OPINION Ernest Mullenax, one of the defendants in this securities fraud conspiracy case, has renewed his pretrial motions for inspection of the Grand Jury minutes, a hearing to determine whether evidence submitted to the Grand Jury was tainted and dismissal of the indictment against him. Those motions were denied before trial, but leave was granted to renew them post-trial. On February 10, 1975 an...
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406 F.Supp. 162 (1975) Ramon Martin FIALLO, an infant by his mother, Celia Francisca Michael Rodriguez, et al., Plaintiffs, v. Edward H. LEVI, Individually and as Attorney General of the United States, et al., Defendants. No. 74 C 1083. United States District Court, E. D. New York. November 28, 1975. *163 Janet Calvo, New York City (Kalman Finkel, Morton B. Dicker, John E. Kirklin, Anita Fisher B...
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MEMORANDUM AND ORDER Defendant Frank A. Beasley was charged in a two-count indictment with *449 manufacturing, distributing, dispensing and possessing controlled substances (methamphetamine and amphetamine), with intent to manufacture, distribute and dispense them, in violation of 21 U.S.C. § 841. After a jury trial, Beasley was found guilty as to count I (methamphetamine) and not guilty as t...
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OPINION AND ORDER This suit for personal injuries from an automobile-truck accident was filed on February 1, 1974. At that time, plaintiffs believed, and alleged in their complaint, that complete diversity existed among the plaintiffs and the defendants. Jurisdiction was founded on diversity of citizenship, 28 U.S.C. § 1332. It has now been developed through discovery that one of the defendants, ...
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MEMORANDUM OPINION AND ORDER This is a civil rights action against, among others, the sheriff of a Tennessee county and the surety on his official bond. The plaintiffs contend that deputies sheriff appointed by such sheriff subjected their (now deceased) son, a citizen of the United States, or caused him to be subjected, under color of Tennessee law, to the deprivation of his right to the...
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MEMORANDUM AND ORDER Counsel for the Equal Employment Opportunity Commission, plaintiffs in civil action No. C-71-1277 RFP, and for the private plaintiffs in civil actions, No. C-71-898 RFP, No. C-71-974 RFP and No. C-71-1515 RFP, have moved the court for various specific injunctive orders directed to the defendants in each of the above-named actions regarding the utilization of the prope...
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MEMORANDUM OPINION This case is -before the Court on remand from the Supreme Court “for further consideration in light of Goldfarb v. Virginia State Bar, 421 U.S. 773 [95 S.Ct. 2004, 44 L.Ed.2d 572] (1975).” 422 U.J3. 1031, 95 S.Ct. 2646, 45 L.Ed.2d 686 (1975). 1 The issue confronting the Court has been well stated by the parties in their briefs: Was the Supreme Cour...
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MEMORANDUM AND ORDER Plaintiffs bring this action under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA or the Act) to gain access to all unpublished letter rulings and related documents of the Internal Revenue Service issued on or after July 4, 1967. Plaintiffs contend that based on an earlier case, decided by this Court and affirmed in part by the Court of Appeals, they are entitled to a...
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MEMORANDUM Plaintiffs in this action challenge various aspects of the District of Columbia Medicaid Plan relating to podiatric services. The matter is before the Court at this juncture on the litigants’ cross-motions for summary judgment. The plaintiffs include the District of Columbia Podiatry Society, a professional association of Doctors of Podiatric Medicine (hereinafter, podiatrists), al...
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*1351 MEMORANDUM OPINION AND ORDER The above styled action has been brought under 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare in which plaintiff’s entitlement to disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, as amended,- 42 U.S.C. §§ 416(i) and 423, was found to have ceased. Both par...
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ORDER This matter comes before this Court on the petition of Ms. JoAnn Phillips, for review of an Order of the Referee in Bankruptcy dated October 18, 1974. Ms. Phillips appeals the denial of her claim to 10,000 shares of Love Oil stock, or the value thereof and 50 shares of Dairene Industries, Ltd., or the value thereof. On July 23, 1974, a hearing was held before Referee and Special Master Kenn...
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OPINION The Court of Appeals remanded this case to the district court to supplement its findings in support of a preliminary injunction. A supplemental hearing was held; the following constitute the supplemental findings of fact and conclusions of law by this court in support of the preliminary injunction against defendants Vencap, Intervent, Intercapital and Richard C. Pistell (“Pistell”...
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This matter is before the Court following trial, presentation of evidence and testimony, trial briefs, and post-trial memoranda. Plaintiff as subrogee of the Norton-Simon Company and McCall Publishing Company and plaintiffs Norton-Simon, Inc. and McCall Publishing Company claim damages against defendant for breach of a bailment contract. In accordance with Rule 52 of the Federal Rules of Civil ...
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MEMORANDUM AND ORDER Plaintiff Richard Mayes brings this action against defendant Warren Hollon Motors, alleging that defendant, with intent to defraud, failed to comply with the odometer disclosure requirements set *769 out at 15 U.S.C. § 1981 et seq. This Court has jurisdiction over the subject matter of this action pursuant to 15 U.S.C. § 1989(b). The case was tried to the Court; finding...
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ORDER This case arises from an action brought by the plaintiff for a declaratory judgment of patent invalidity, non-infringment and non-coverage by a prior license agreement of the patents in issue. Subject matter jurisdiction arises under the Patent Laws of the United States, Title 35, United States Code and 28 U.S.C. § 1338; diversity of citizenship, 28 U.S.C. § 1332(a) and the Declarat...
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MEMORANDUM OPINION AND ORDER INTRODUCTION These consolidated cases come before the Court on cross-motions for summary judgment. In Civil Action No. 74-2565, the Federation of Telephone Workers of Pennsylvania (“the Union”) is the moving party, seeking enforcement of an arbitrator’s award against the Bell Telephone Company of Pennsylvania (“the Company”). The Company is the moving party in Civil A...
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ORDER The background of this Order is as follows: On October 7, 1975, Mayet filed a petition for a writ of habeas corpus challenging the U.S. Board of Parole’s use of decision-making guidelines in the determination of when prisoners sentenced under the Youth Corrections Act will be released on parole. Mayet was sentenced as a Youth Offender under 18 U.S.C. § 5010(b) on February 1, 1974. On Janu...
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OPINION AND ORDER This is an action brought under Title 28, United States Code, Section 1331(a), plaintiffs alleging that their cause of action is one arising under treaties of the United States, these being the Warsaw Convention, an International Treaty, and the Interim Agreement with the Civil Aeronautics Board of the United States of 1966, commonly known as the “Montreal Agreement”. They addit...
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MEMORANDUM Plaintiff brought this action against his former employer seeking certain pension benefits under a collective bargaining agreement between the employer and plaintiff’s former Union, the Atomic Trades and Labor Council, AFL-CIO. The suit was originally filed in state court but was removed to this Court on the ground that the action arose under the provisions of Section 301(a)' o...
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MEMORANDUM This matter'is before the Court on plaintiff Philip J. Hirschkop’s motion, filed on 24 November 1975, for disqualification of the presiding judge in the above styled action. 1 *724 The Court notes that plaintiff has failed to comply with the Local Rules of Practice, Rule 11, in that no brief in support of the instant motion was filed. On this basis alone, the Court need not con...
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MEMORANDUM OPINION AND ORDER Plaintiff American Fidelity Fire Insurance Company (hereinafter “AFFIC” or “surety”) has moved this Court pursuant to Fed. R. Civ. P. 56 for an order compelling-defendant Carla A. Hills, Secretary of Housing and Urban Development (hereinafter “HUD”), to pay some $220,268.00 in retainages, allegedly owing on the “Thomas-ville” Project, into court. Defendant HUD,...
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DECISION AND ORDER Before the Court is the plaintiff’s motion for an order requiring the defendant to produce a document described as “[a] memorandum dated April 4, 1973, from Mr. Wayne Brogelman to Mr. Thomas Hearn, regarding analysis of the Participation Agreement.” The defendant opposes this motion by asserting that the attorney-client privilege removes the document in question from the scope o...
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MEMORANDUM OPINION Plaintiff Linda Farber, also known as Lisa Terrell, was arrested on the evening of March 10, 1975, while having a drink in the Ambassador West Hotel. 1 The arrest was made pursuant to § 192-6 of the Municipal Code of the City of Chicago, which provides that: “It shall be unlawful for any habitual drunkard, any person known to be a narcotic addict, any person known to be a...
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The pending cross motions present questions in the field of executory ac *716 cord, where “the law is in confusion”. 6 Corbin on Contracts (1962), § 1268. Happily, this diversity action arising out of an automobile accident in Maryland is controlled by principles approved by both the Fourth Circuit and the Court of Appeals of Maryland. Plaintiff, a resident of New York, seeks ...
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ORDER FILLING JUDICIAL VACANCY Before JOHN MINOR WISDOM*, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIGEL and ANDREW A. CAFFREY, Judges of the Panel. Pursuant to Section 209(b) of the Regional Rail Reorganization Act of 1973, the Panel previously established the situs of the Special Court in the District of the District of Columbia and also...
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*472 OPINION Third-party defendant, Chemical Bank and Trust Company (Houston, Texas) moves to dismiss the third-party complaint of Ubex Corporation Limited and Thomas A. Tivey for lack of jurisdiction over the person, pursuant to Rule 12(b)(2), F.R.Civ.P. The motion is granted. FACTS UBEX Corporation Limited (“UBEX”) sold certain goods to National Paper Company, Inc....
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AFFIRMATIVE ACTION PROGRAM Introduction 1. This Affirmative Action Program (“Program”) is adopted pursuant to the Decision and Order dated July 18,1975 and the Order and Judgment dated August 28, 1975 and entered in this action on September 2, 1975 (“Order and Judgment”). The goal of this Program is to assure that the nonwhite 1 membership in Local Union No. 28 of the S...
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MEMORANDUM and ORDER This is an action by a husband and wife for the recovery of federal income taxes and interest in the amount of $37,-923.75 paid with respect to plaintiffs’ 1957 calendar year tax liability. This case was tried without a jury on April 5, 1973. The following constitutes this court's findings of fact and conclusions of law pursuant to Rule 52(a), Fed.R. Civ.P. Findings of Fact ...
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ORDER Plaintiff’s Complaint in this civil rights action states that jurisdiction is founded upon the existence of a question arising under 42 U.S.C. § 1983 through § 1986. This is a defective allegation of jurisdiction as said statutes merely create and protect rights. Kochhar v. Auburn University, 304 F.Supp. 565 (M.D.Ala.1969). However, Federal Courts have jurisdiction over cl...
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OPINION: PLAINTIFFS’ THIRD MOTION FOR CLASS ACTION The problems posed to the court and litigants under Class Action Rule 23 appear to be endless and increasingly *425complex. In each case, it is necessary to examine stacks of briefs, exhibits, depositions and interrogatories, in order to touch all bases and articulate all the facts and reasons which impel certification or denial of a motion for a...
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ORDER ON DEFENDANT’S MOTION AND PLAINTIFF’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT Columbia Products Company has brought the above-titled action to' obtain a refund for alleged overpayments of federal manufacturers excise taxes for the third quarter of the calendar year 1967 and the fourth quarter of the calendar year 1970. Such suits are authorized by Section 7422 of the Internal Revenue Code...
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SUPPLEMENTAL ORDER ON MOTION TO CHANGE VENUE On May 16, 1975, the defendant, John S. Bradshaw, through counsel moved this court, under the provisions of 28 U.S.C. § 1404(a) 1 to transfer this action for the convenience of the parties and witnesses, and in the interest of justice, from the United States District Court for the District of South Carolina, Spartanburg Division, to ...
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ORDER This cause came on to be heard on October 17, 1975, on the motion of the plaintiffs for partial summary judgment for maintenance and cure against the defendant, Triple T. Boats, Inc., pursuant to Rule 56 of the Federal Rules of *1261 Civil Procedure. The Court having considered all the pleadings on file, the affidavits of the plaintiffs, Levi Bosarge, Sr., and Levi Bosarge, Jr., and hav...
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ORDER The Court addresses this Order to a motion to dismiss on personal jurisdiction grounds, filed on September 2, 1975 by third-party defendant Chicago Steel & Pickling Co. (Chicago Steel). This cause of action was commenced against the Whittaker Corporation (Whittaker) by Southern Iowa Manufacturing Co. (SIMCO) on November 15, 1974. SIMCO asserts both contract and tort theories ag...
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OPINION Before LIVELY, Circuit Judge, and MOYNAHAN and HERMANSDORFER, District Judges. This action is brought under the provisions of 42 U.S.C. § 1983 for declaratory and injunctive relief on the assertion that Kentucky Revised Statute- (KRS) 244.090(l)(c) is unconstitutional. The issues presented have been extensively briefed and oral arguments were heard on September 11, 1975. Plaintiffs are cit...
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OPINION In this action, plaintiff Consolidated Grain and Barge Company, Inc. seeks to recover damages sustained when its barge was damaged by ice. Having tried the case sitting without a jury the Court makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Plaintiff Consolidated Grain and Barge Company, Inc. is a corporation organized and existing pursuant to law. At all ...
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OPINION This case arises out of land-filling operations conducted by defendant Max L. Raab on property located on the edge of Barnegat Bay in Long Beach Township, New Jersey. The filling was performed between October and December of 1972. Raab received no prior authorization for his activities from the Environmental Protection Agency (hereinafter “EPA”) or the Army Corps of Engineers (her...
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MEMORANDUM AND ORDER Defendant has moved to dismiss the complaint pursuant to F.R.Civ.P. Rule 12(b), based on the . alleged bar of the New York statute of limitations. Facts Plaintiff brings this action pursuant to the veterans’ reemployment provisions of the Military Selective Service Act of 1967, 50 U.S.C.App. § 451 et seq., as amended in 1974, 38 U.S.C.A. § 202...
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MEMORANDUM Plaintiff, United States of America, on behalf of the Internal Revenue Service, has commenced an action to reduce to judgment certain tax assessments made against defendants Lester and Marjorie Pridgen upon the alleged failure of defendants’ corporation to pay over to the government taxes withheld totalling $3,278.01. This memorandum arises upon plaintiff’s motion for summary j...
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MEMORANDUM AND ORDER Defendant seeks an order, pursuant to Rule 21(b), F.R.Crim.P., transferring this action to the United States District Court for the District of Connecticut. It is defendant’s position that such transfer would be “in the interest of justice” within the intent of Rule 21(b). In order to understand the nature of defendant’s application, it will be necessary to set f...
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MEMORANDUM The defendant L. D. S. Film Co. moves to dismiss the complaint or in the alternative to change venue to the Central District of California for the convenience of the parties and witnesses and in the interest of justice. The motion to transfer this suit to California is granted. The plaintiff is an English corporation concededly doing business in New York, directly, and also through...
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MEMORANDUM Defendant seeks a transfer of this suit to the Central District of California on the grounds of convenience of its witnesses and the interests of justice, 28 U.S.C. § 1404(a). The return date of the motion and decision thereon have been successively adjourned from date to date at the express request of both parties to permit certain discussions to be carried on. This is a diversity suit...
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MEMORANDUM This civil rights action is brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201 by unconvicted detainees currently or formerly housed in tier IB at the New York City House of Detention for Men (HDM), an area established by the *839 New York City Department of Corrections (Department) as an administrative segregation unit for persons who pose security risks to the Department’s...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s Motion for an Arrest of Judgment, or Judgment of Acquittal, after a jury verdict of guilty on Count II of a three count indictment charging the defendant with possession with intent to distribute a Schedule I narcotic drug controlled substance, in violation of 21 U.S.C. § 841(a)(1). The defendant was originally fou...
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MEMORANDUM AND ORDER This is a suit to review .the final decision of the Secretary of Health, Education and Welfare who has denied the plaintiff’s claim, as the widow of a miner, for “black lung” benefits pursuant to 30 U.S.C. § 902 et seq., and regulations promulgated pursuant thereto. The Court has jurisdiction pursuant to § 205(g) of the Social Security Act, 42 U. S.C. § 405(g) as incorpor...
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OPINION AND ORDER I. Preliminary Statement This is a petition for a writ of habeas corpus brought by a state prisoner who ls presently serving a sentence of six to thirty years’ imprisonment following his plea of guilty to three counts of aggravated robbery and one count of burglary before the Honorable Emanuel W. Beloff of the Court of Common Pleas of Philadelphia...
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This is an action brought by several railroad companies to set aside an order of the Interstate Commerce Commission (I.C.C.) cancelling proposed rate schedules which would have provided increased revenues from the transportation of fresh fruit and vegetables to the east coast. Jurisdiction of this court was invoked pursuant to 28 U.S.C. § 1336(a) and a three-judge court was convened as required by...
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MEMORANDUM Plaintiff is a former coal miner who seeks black lung benefits under the provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. (Supp.1975). Before the Court are cross motions for summary judgment on behalf of the respective parties, and, alternatively, plaintiff moves the Court to remand the case for consideration of additional evidence. ...
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MEMORANDUM OPINION and ORDER This is a suit for declaratory and injunctive relief filed by the Bituminous Coal Operators Association, a non-profit association of coal mine operators and owners (hereinafter “BCOA”) against the Secretary of the Department of the Interior and the Acting Administrator and Assistant Administrator of the Mining Enforcement Safety Administration (hereinafter “ME...
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MEMORANDUM ORDER Plaintiff brings this action under the provisions of 28 U.S.C. § 1346(a)(1) and 26 U.S.C. § 7422 for the recovery of federal income taxes and interest in the amount of $84,699.40 alleged to have been erroneously and illegally assessed against and collected from plaintiff. The years involved are fiscal years ending July 31, 1965, July 31, 1966, July 31; 1967, July 31, 1968 and July...
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MEMORANDUM ORDER This is an action seeking review of a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for black lung benefits pursuant to sections 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C.A. §§ 921(a) and 922(a)(1). Review in this Court is based upon the provisions of 30 U.S.C.A. § 923(b), which e...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution, Danbury, has been placed in administrative segregation for his refusal to shave his beard. His claim is that he is being punished for a religious belief that requires him not to shave, .and is therefore being denied his first amendment right to free exercise of religion as well as his fifth amendm...
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OPINION AND ORDER Plaintiff, a Delaware corporation, whose land and building in Delaware were insured against fire and vandalism by defendant, brought suit against defendant on the policy for losses alleged to amount to $30,000. The action was originally begun in the Superior Court of Delaware and was properly removed to this court. Jurisdiction exists under 28 U.S.C. § 1332(a)(1). Defend...
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OPINION I. INTRODUCTION This suit is instituted pursuant to 42 U.S.C. § 19'81 et seq., and particularly Sections 1982 and 1983 to redress the deprivation of civil rights protected by said statutes. The action is also based upon the First, Fifth and Fourteenth Amendments to the United States Constitution. The jurisdiction of this Court is founded upon 28 U.S.C. § 1343. The plaintiffs are Chu...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Plaintiff Donald J. Fleming has brought an action against Chrysler Corporation for breach of contract and against United Auto Workers of America, Local 412, for failure to fairly represent him. Jurisdiction is invoked under Title III, Section 301, of the Labor Management Relations Act. Both Chrysler Corporation and United...
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Plaintiff Jill Uris in this diversity action sued to recover damages for injuries sustained by her as a result of an accident which occurred on October 8, 1970 when a Max vehicle 1 in which she was riding overturned and she was apparently thrown to the roadway. The vehicle was manufactured by defendant Recreatives, Inc. (“Recreatives”) and driven by Scherr Lillico, an employee of defendant Gurn...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION In this securities fraud action, the former owners of 65% of the stock of what was Verkamp Corporation seek rescission of a merger agreement pursuant to which Verkamp Corporation merged with KDI-Verkamp, a wholly-owned *594shell subsidiary of defendant KDI Corporation and the former Verkamp shareholders (incl...
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ORDER In this pro se civil rights action Plaintiff alleges that he is a convicted felon; that he received a deferred sentence in a 1973 McClain County, Oklahoma criminal action; that subsequently criminal charges in Oklahoma County, Oklahoma were filed against him; that Defendant Elaine Schuster was prosecuting attorney in the Oklahoma County action; that Defendant James Neal, Public Defender, ...
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This is an appeal from the decision and judgment (of conviction) and sentence of the United States Magistrate for this District in the above case. This appeal is pursuant to Rule 8, Federal Rules of Procedure for the Trial of Minor Offenses before United States Magistrates. The Defendant was charged with a violation of Title 18, United States Code, § 1882, a minor offense, which prohibits one f...
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This is an appeal from an order of the Bankruptcy Court denying Appellant’s application to reclaim a security interest in a portion of the Bankrupt’s personal property. Jurisdiction is founded upon 11 U.S.C. § 67(c). The appeal is taken pursuant to Bankruptcy Rules 801 — 814. Appellant is Trustee in Bankruptcy. Joseph Arthur Fowler is the Bankrupt. Appellee, the First National Bank & Trust...
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OPINION AND ORDER This is a suit filed by several ecologically minded organizations and residents of Puerto Rico against several officers of the Commonwealth of Puerto Rico, the Environmental Protection Agency (E.P.A.), and the Administrator of said Agency. In essence, the action is directed to stopping the construction of a superport/oil refinery complex in Puerto Rico which is allegedly project...
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ORDER AND OPINION Charles Robert Lee, an inmate at Bland Correctional Center, Bland, Virginia, brings this pro se action pursuant to 42 U.S.C. § 1983 against his state probation officer, Stephen J. Baroski. The action is founded on defendant’s alleged failure to perform his statutory duties of supervision and assistance to probationers in his territory. In particular, defendant allegedly failed t...
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*418DECISION AND ORDER In this action plaintiff City of Milwaukee (“City”) challenges the defendant Attorney General’s policies regarding the enforcement of federal laws barring discrimination in employment. The Attorney General has filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Rule 12(b)(1), (6), Federal Rules of Civil Procedure. For the reaso...
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MEMORANDUM OF OPINION This action for declaratory relief and damages was tried before the court on October 29 and 30, 1975. Plaintiff, an attorney licensed to practice law in the state of Alabama, seeks a determination of rights under a policy of professional liability insurance issued to his law firm, along with a corresponding order directing St. Paul Fire & Marine Insurance Company (“S...
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MEMORANDUM OPINION AND ORDER FOR SEPARATE TRIALS The general nature of the cases arising from the Paris air crash of March 3, 1974, and the resulting complexities are set out in the Memorandum of this Court on the question of the applicable choice of law on damages, filed August 1, 1975, D.C., 399 F.Supp. 732, and need not be repeated here except as necessary. The matter immediately before the Co...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. On May 14, 1975, at approximately 0220, the Research Vessel “H.J.W. FAY” (hereinafter “FAY”) under the command of Capt. Ian R. Crichton, departed Cristobal, Canal Zone, bound for Port Everglades, Florida. At approximately 1430 on said May 14th personnel on the FAY sighted a vessel adrift, unlighted and abandoned in the shipping lanes...
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ORDER This cause came on for hearing upon the motion of the Defendant, MOBIL OIL CORPORATION for stay of proceedings in action No. 74-765, and upon the motion of Defendant ATLANTIC RICHFIELD COMPANY for stay of proceedings in action No. 74-1207. The Motions for Stay filed by the Defendants, Mobil Oil Corporation and Atlantic Richfield Company raise similar legal issues in separate actions...
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MEMORANDUM OPINION This action is submitted to the Court for decision upon the cross-motions of the parties for summary judgment as to all issues raised in Counts I, II and III of plaintiffs’ complaint. COUNT I In Count I, plaintiffs allege six violations of the disclosure requirements of the Truth-in-Lending Act (hereinafter the Act), 15 U.S.C. § 1601 et seq., and of Regulation...
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MEMORANDUM OPINION On February 22, 1972, the Thomas Stone High School located in Waldorf, Charles County, Maryland, and owned by the plaintiff was partially damaged by fire. There were in existence at that time policies of insurance issued by the defendants covering fire and other loss.1 After the fire, plaintiff timely notified the defendant insurance companies and requested payment under the po...
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The United States, acting through the Internal Revenue Service (the government), filed a proof of claim against the bankrupt estate of Joel Kline for various taxes claimed to be due the government. The trustee in bankruptcy (the trustee) objected to those items (amounting to $410,726.88) which were based upon §§ 4941 and 4944 of the Internal Revenue Code of 1954, as amended by the Tax Reform Ac...
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*449FINDINGS, OPINION, AND JUDGMENT GRANTING IN PART AND DENYING IN PART THE PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Alan Daniel Wilwording, in this petition for federal writ of habeas corpus seeks to challenge the constitutionality of disciplinary procedures affecting him in 1969 and resulting in loss of good time and “blood time” credit on his sentence of 20 years’ imprisonment imposed by...
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404 F.Supp. 573 (1975) Floyd KEELY, Plaintiff, v. WESTINGHOUSE ELECTRIC CORP., Defendant. No. 73 C 830 (4). United States District Court, E. D. Missouri, E. D. November 20, 1975. *574 Arnold T. Phillips, Clayton, Mo., for plaintiff. Herzog, Musgrave, Coburn, Croft & Shepherd, St. Louis, Mo., for defendant. OPINION NANGLE, District Judge. Plaintiff Floyd Keely brought this action pursuant to ...
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MEMORANDUM AND ORDER Defendant, accused of robbing a bank at gunpoint, has made pretrial motions for advance rulings (1) that a recent state felony conviction for assault cannot be used to impeach him in the event that he takes the stand and (2) that evidence that he used a false name on being arrested in Georgia shortly after the robbery is inadmissible because its probative value is outweighe...
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OPINION AND ORDER • Issac J. Gadsden petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 6, 1969, he entered a plea of guilty to a murder indictment in Supreme Court, Kings County, State of New York. Petitioner contends that he was denied the effective assistance of counsel and that the trial court abused its discretion in denying his application to withdraw his guilty ...
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OPINION In this diversity ease plaintiff, alleging the misappropriation and continuing use of its trade secret by defendant, seeks declaratory and injunctive relief, an accounting of profits, compensatory and punitive damages, and an assessment of costs and attorney fees. The instant action is before the court on plaintiff’s motion, pursuant to Rule 15(a), F.R.Civ.P., for leave to file a s...
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ORDER The above styled cases which have not been consolidated are companion cases for personal injuries arising out of the collision of two motor vehicles occurring June 22, 1974 near North Little Rock, Arkansas. Both actions were filed in the District Court of Oklahoma County, State of Oklahoma and removed to this Court by Defendant. Subject matter jurisdiction exists by reason of diversity of ci...
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MEMORANDUM AND ORDER Plaintiffs Francis Conway and Marilyn Conway have petitioned this Court to amend their complaint. We deny the petition for the reasons set forth below. This is a medical malpractice action. It is alleged that the defendant negligently treated the minor, Brian Conway, and as a result of this negligence it became necessary to amputate Brian's right foot. Brian’s parents ins...
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ORDER ON DEFENDANT’S MOTION TO DISMISS This is a diversity action brought by a South Carolina resident against a national bank located solely in Chicago, Illinois. The complaint alleges two causes of action: fraudulent misrepresentation and negligence. It is based upon a claim that the plaintiff invested twelve thousand dollars ($12,000.00) in a venture to keep Mexican cattle in Texas for...
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MEMORANDUM OPINION By Complaint filed October 1, 1973, this action alleges an assault, battery, false imprisonment and kidnapping, all of which allegedly occurred on October 1, 1970. The action seeks damages under 42 U.S.C. § 1983. The Answer asserts a Statute of Limitations defense based on S.D.C.L. § 15-2-14 (1967), which reads in relevant part: Except where, in special cases,...
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Memorandum and Order This is a civil action for the refund of income taxes and assessed interest for 1968 and 1969. The original action was filed by C. L. and Margaret' Griffith. Subsequently, other causes were consolidated herein, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. There being no genuine issue as to any material fact, plaintiffs C. L. and Margaret Griffith and defe...
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MEMORANDUM OPINION AND ORDER Braniff Airways, Inc., (hereinafter “Braniff”) ■ and Air Line Pilots Association, International (hereinafter “ALPA”), defendants, have filed motions to dismiss the complaint of the plaintiffs, Sue Kennedy, Jeanie Oliver and Barbara Burnet. The court has considered the motions, the pleadings, and the arguments of counsel and is of the opinion that the motions s...
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ORDER GRANTING SUMMARY JUDGMENT AND DENYING DISCOVERY MOTIONS Defendant General Steamship Navigation Corporation (“GSN”), as third party plaintiff, has impleaded Puget Sound Pilots Association (“PSP”) maintaining that PSP is answerable for the alleged negligence of one of its members, third party defendant William F. Grobsehmit. PSP moves for summary judgment citing impressive authority i...
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DECISION and ORDER On September 3, 1975, this matter was tried to the court. The opinion which follows constitutes the findings of fact and conclusions of law required by Rule 52, Federal Rules of Civil Procedure. At the outset of trial, counsel were able to enter into a number of agreements. Based on counsels’ stipulations, I ordered the dismissal of the American Federation of Music...
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MEMORANDUM OPINION Plaintiffs Lester and Brenda McDowell have filed a multi-million dollar action against Union Mutual Life Insurance Company and Crown Life Insurance Company claiming inter alia that one or both of these companies have wrongfully deprived them of benefits due under group medical insurance policies. The relevant facts according to the allegations of the com...
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DECISION AND ORDER Petitioner seeks habeas corpus relief from his incarceration, which resulted from his conviction of armed robbery in Rock Island County, Illinois. Petitioner was sentenced on November 10, 1972, to a term of not less than 20 years nor more than 60 years in the penitentiary. An appeal was taken to the Illinois Appellate Court, Third District, which affirmed the conviction; and ...
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MEMORANDUM OPINION I. Introduction This case is before the Court on Defendant’s Motion to Amend Probation Order. On April 18, 1974, defendant pleaded guilty to a single conspiracy charge of a three count indictment, whereupon the two substantive charges under 26 U.S.C. § 4705(a), alleging transfer of cocaine, were dismissed on the government’s motion. Though at the time of conviction defend...
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This is an employment discrimination case brought under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, et seq., and under 42 U.S.C. § 1981. Defendant moves to dismiss as to § 1981 on the grounds that the applicable statute of limitations has run. This raises the difficult and interesting question of what is the most appropriate state statute of limitations. There appears ...
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MEMORANDUM AND ORDER This motion is before the Court upon cross motions for summary judgment. Plaintiff seeks enforcement of an award rendered by the National Railroad Adjustment Board. Defendant resists the enforcement and asks that the award be set aside. Jurisdiction exists under section 3 First (p) of the Railway Labor Act, 45 U.S.C. § 153 First (p). In March, 1966, plaintiff, Ca...
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MEMORANDUM OPINION The Institute of Computer Technology (ICT), defendant herein, agreed on October 15, 1974 to participate in a Basic Educational Opportunity Grants (BEOG) Program, administered by the United States Commissioner of Education pursuant to 20 U.S.C. § 1070a. The purpose of this program is “to assist in making available the benefits of post-secondary education to qualified stu...
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MEMORANDUM AND ORDER RE AMENDMENT OF COMPLAINT, SUMMARY JUDGMENT, AND APPOINTMENT OF RECEIVER Before the Court is a motion by the plaintiffs to amend their complaint and cross motions for summary judgment. 1 In addition, the plaintiffs have requested the appointment of a receiver and an accounting of all funds received by the defendants from the plaintiff investors should they ...
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MEMORANDUM AND ORDER Before the Court is a motion by the plaintiffs for an order certifying this litigation as a class action pursuant to Rule 23(c)(1); F.R.Civ.P. 1 The relevant portions of Rule 23 are as follows: (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so ...
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OPINION Judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), is sought by the following defendants: Department of Labor of the Commonwealth of Puerto Rico; Luis A. Ferre, Governor of Puerto Rico; his successor in office; Julia Rivera De Vincenti, Secretary of Labor of Puerto Rico; her successor in office;’ Nick Lugo, Jr., Director of the Migration Division of the Department of Labor...
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*291 MEMORANDUM An action is brought by plaintiff, Bernard Bergman, against Andrew Stein, a member of the New York State Assembly and then Chairman of the Temporary State Commission on Living Costs and the Economy (the “Temporary Commission”), William D. Cabin, then Assistant New York State Welfare Inspector General, and John Hess, a reporter employed by The New York Times....
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MEMORANDUM OPINION AND ORDER INTRODUCTION Plaintiff brought this diversity action to recover for personal injuries suffered in a motor vehicle collision at the intersection of Roosevelt Boulevard and Harbison Avenue in the city of Philadelphia on May 26, 1969. In her action against defendant General Motors, based on a theory of strict liability under § 402A, Restatement Second, Torts, she alleged ...
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OPINION AND ORDER Before us are plaintiffs’ motion to vacate the stay of execution of a default judgment, defendants’ motion to set aside the default, and defendant Dudley Walsh’s pro se memorandum of law in opposition to the motion to vacate. Although no formal answer as such was filed, we construed certain allegations in Mr. Walsh’s memorandum as if they constituted both an answer to the amended...
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ORDER ON MOTION FOR SUMMARY JUDGMENT In this diversity action, originally filed in the Court of Common Pleas for Saluda County, South Carolina, and removed to this court by petition and bond for removal, filed in this court March 3, 1975, defendant Southern Railway Company seeks a summary judgment in its favor under the provisions of Rule 56(a), 1 Federal Rules of Civil Procedu...
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MEMORANDUM OPINION The movant Mr. Lonnie Thomas, a prisoner in the custody of an agent of the respondent under sentences of February 25, 1971 of this Court in United States of America, plaintiff, v. Lonnie Thomas, defendant, criminal action no. 7183, this district and division, and in United States of America, plaintiff, v. Frank Stewart, Jr., et al., defendants, criminal action no. 7182, this dis...
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MEMORANDUM OPINION AND ORDER Defendants’ motion for order compelling discovery came on for consideration before the Honorable Robert M. Hill, United States District Judge. In an order filed October 29, 1975, the court required the disputed documents to be produced for an in camera inspection. After considering the motion and the arguments of counsel and after inspecting the disputed docum...
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OPINION AND JUDGMENT James Robertson, an inmate at the Wise Correctional Unit #18, Coeburn, Virginia, has filed this pro se petition for a writ of habeas corpus. Petitioner attempts to style his action as a civil rights action under 42 U.S.C. § 1983. However, he challenges the fact of his confinement, and for relief asks immediate release from such confinement. Since we must liberally constru...
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*940 DECISION AND ORDER Plaintiff Modina Brown commenced this action on March 4, 1974 pursuant to section 205(g) of the Social Security Act (hereinafter referred to as the “Act”), 42 U.S.C. § 405(g), seeking a reversal of the final decision of the Secretary of Health, Education and Welfare which denied plaintiff’s application for the establishment of a disability and for disability insurance ...
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MEMORANDUM OPINION AND ORDER This is a proceeding for review of an Order of the Bankruptcy Judge, pursuant to Rules 801 et seq., Bankruptcy Rules. Appellants contend that Rule 13-307(d), Bankruptcy Rules, promulgated pursuant to 28 U.S.C. § 2075, is invalid, in that the rule is “substantive”, rather than “procedural”, and therefore should not be followed. Appellants contend that the Order of the ...
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SUMMARY JUDGMENT This cause came before the court as plaintiff’s action for injunctive relief and declaratory judgment seeking to declare void and to enjoin the enforcement of rulings issued under the Federal Alcohol Administration Act by the United States Bureau of Alcohol, Tobacco and Firearms. The court, having considered the record and being fully advised in the premises, finds and co...
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DECISION ON MOTION OF KNOTT HOTELS CORP. TO DISMISS The defendant Knott Hotels Corp. is a Delaware corporation with its principal place of business in New York. It was served there personally and was also served through its subsidiary, the defendant The *722 Westbury, Chicago, Inc., and has filed a motion to dismiss for lack of jurisdiction, improper venue and insufficient se...
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On December 1, 1970, a fire started on Shell’s drilling platform off the Louisiana coast in the Gulf of Mexico. Shell contracted with Ocean Drilling and Exploration Company (ODECO) on December 4, 1970 for the drilling of a relief well near the burning platform. 1 Pursuant to the contract, ODECO provided the Drilling Barge Margaret to drill the relief well. On December 30, 1970, at ap...
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This case arises under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e, et seq., and concerns a sex discrimination charge alleging discriminatory employment practices and a retaliatory discharge. Complainant, Ms. Helen Fifield, filed, charges with plaintiff Equal Employment Opportunity Commission (EEOC) op January 9, 1973. On January 10, 1973, plaintiff deferr...
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OPINION AND ORDER Plaintiffs, three brothers, are “pop” singers and recording artists. A jury found facts in their favor establishing their right to the income from a “hit” song they recorded with instruments and voices called “It’s Your Thing”. This favorable verdict was based solely upon their own testimony in the course of which they repudiated their own earlier sworn testimony which clearly s...
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MEMORANDUM OPINION The plaintiff has moved to remand this action to the state court from which it was removed. The complaint filed in the state court alleged that plaintiff had shipped goods in interstate commerce by delivery being made to defendant Kirby for transshipment via Norfolk and Western Railway Company. The plaintiff alleged that the goods were never delivered to the described p...
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DECISION AND ORDER This is an action challenging the enforcement of a restaurant’s policy of refusing service to women customers. The complaint set forth claims under 42 U.S. C. § 1983, 42 U.S.C. § 1985(3), and § 246.15, Wis.Stats., and sought both declaratory and injunctive relief. Subject matter jurisdiction is present under 28 U.S.C. § 1343. Both the plaintiffs and defendants have file...
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MEMORANDUM OF OPINION This is yet another action brought under the Freedom of Information Act, 5 U.S-C. § 552. Plaintiff, a nonprofit corporation whose primary purpose is to inform the citizens of the United States of the incidental killing of dolphins by the purse seine nets used by tuna fishing boats, seeks a copy of a motion picture film made by the National Marine Fisheries Service (N...
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MEMORANDUM This matter came before the court on defendants’ motion to dismiss and on the parties’ cross-motions for summary judgment. In her complaint, plaintiff alleges a pattern of sex discrimination during the course of her employment as a physicist with the United States Army Night Vision Laboratory, culminating in the initiation of a reduction-in-force action against her by which her grade wa...
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ORDER This petition for a writ of habeas corpus was filed November 17, 1972 by an inmate of the Florida State Prison at Starke, Florida. 1 In his petition, John Wesley Mims offered numerous reasons why his conviction for rape was constitutionally invalid and should be set aside by this Court. Through its Orders of September 14, 1973 and January 28, 1974 the Court dismissed the bulk of petitio...
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OPINION AND ORDER OF THE COURT This is. a suit for refund of some $61,587.85 federal income taxes and interest alleged to have been erroneously assessed to and collected from plaintiffs with respect to the 1968 and 1971 joint income tax returns of William A. Preston, Jr. (since deceased) and Rita B. Preston. All other issues having been resolved in favor of the defendant, 1 the...
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MEMORANDUM OPINION AND ORDER The complaint in this case alleges causes of action against the Board of Education under Title VII, 42 U.S.C. § 1981, and the Fourteenth Amendment, and it charges the Detroit Federation of Teachers (DFT) with a breach of the duty of fair representation. It appears from plaintiff’s pleadings and statements made at oral argument that the complaint was also intended to...
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*637 ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS The defendant herein was indicted on July 9, 1975 under 21 U.S.C. § 841(a)(1) for knowingly, intentionally and unlawfully possessing with intent to distribute heroin. The defendant now moves for the suppression of the evidence on which the indictment was based. She argues that there was no probable cause for her arrest and search of her bagga...
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MEMORANDUM OPINION AND ORDER This is an appeal from an order by Bankruptcy Judge Harold H. Bobier denying the defendant and counter-plaintiff’s motion to dismiss for lack of jurisdiction. On March 15, 1974, Atlas Concrete Pipe, Inc., plaintiff-appellee herein, filed a petition under Chapter X for reorganization. This petition was approved and a trustee was appointed. After an order h...
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OPINION AND ORDER The captioned matters, hereby formally consolidated for all purposes, arise out of an offer by the Crane Co. (hereinafter “Crane”) to exchange certain subordinated debentures to be issued by it for five million common shares of The Anaconda Company (hereinafter “Anaconda”). By such a transaction Crane would gain 22.6 per cent of the ownership of Anaconda, a so...
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OPINION ON MOTION FOR SUMMARY JUDGMENT Plaintiffs, two foreign investment companies, commenced this action on January 20, 1972, seeking rescission relief under Section 12(1) of the Securities Act of 1933 (15 U.S.C. § 777(1)) (“Securities Act”). Their claim is that stock sold to them by defendants was not registered pursuant to Section 5 of the Securities Act (15 U.S.C. § 77e), and that, ac...
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MEMORANDUM Ronald George Thompkins and Henry Taylor are charged with conspiracy to rob a bank in violation of 18 U.S.C. § 371. They move to suppress an envelope inscribed with an incriminating message seized on the date of their arrest. The motion is granted. I. On July 10, 1975, three plain clothes officers of the New York City Police Department observed a man, later identified as Taylor, standin...
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MEMORANDUM AND ORDER In this action, plaintiff attacks certain determinations made by the Pennsylvania Department of Public Welfare in its interpretation of federal regulations promulgated under the Medicaid program. Invoking jurisdiction under 28 U.S.C. §§ 1343(3) and (4), 2201, 2202, 2281 and 2284, plaintiff seeks declaratory and injunctive relief to remedy an alleged deprivation of her...
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OPINION This is a habeas corpus proceeding in which a state penal inmate was tried by a court and jury and was convicted of first degree murder and sentenced to life imprisonment. The penal inmate is most thoroughly informed and advised as to the practices and procedures in the Federal Judicial System as evidenced by the five habeas corpus proceedings previously filed and adjudicated in this ...
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OPINION This is an action brought under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA), seeking to enjoin construction of an oil bearing pipeline. Plaintiffs are the Bucks County Board of Commissioners, the Bucks County Planning Commission and Stop the Oil Pipeline Society (STOPS), an unincorporated association. Defendants are Interstate Energy Company (Int...
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MEMORANDUM This case is before the Court on cross motions for summary judgment. Plaintiff, widow of a former coal miner, filed this action seeking review of the final decision of the Secretary of the Department of Health, Education and Welfare denying her claim for survivor’s black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq. (Supp.1975). Pl...
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OPINION and ORDER This is a diversity action concerning a Virginia real estate contract, thus Virginia law controls. Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D.Va.1968), aff’d 414 F.2d 1362 (4th Cir. 1969). The case is before this court on Defendants’ Motion for Summary Judgment, which the court is of the opinion, should be and hereby is denied for reasons to be ...
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DECISION AND ORDER This is a prosecution for violation of the Military Selective Service Act of 1967, 50 U.S.C.App. § 462, and the Regulations, for failure to report for induction into the Armed Forces. *1081 The defendant executed a waiver of jury trial in open court on February 11, 1974. The Government introduced into evidence a stipulation of facts and a copy of the defendant’s Selective...
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ORDER Before the court are motions of the claimants, State of Florida Department of Transportation and Dolly McCarter, Personal Representative of the Estate of William C. McCarter, to set aside the court’s order of June 6, 1974 restraining prosecution of claims. The complaints sought to be filed are against the M/V RUTH BRENT; against Brent Towing Company, Inc., as owner and operator of the M/V...
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MEMORANDUM The eleven plaintiffs have filed separate complaints challenging decisions of the Secretary of the Interior which found each of them ineligible to take land and revenues under the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601 et seq. (Supp. Ill, 1973). When it appeared at a status conference that these separate cases raise a number of questions common...
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RULING ON MOTION TO DISMISS UNDER RULE 41(b), F.R.Civ.P. By his complaint, Robert E. Wright, Sr. (Wright) brought this diversity action against Southwestern Life Insurance Company (Southwestern), for whom he formerly was a writing agent, for recovery of damages allegedly incurred when 396 tax-sheltered annuities plans (TSAP) written by Wright were converted to group professional annuities plans (G...
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The plaintiff corporation in this case has brought suit to enforce a non-competition covenant contained in a contract with a former employee of the corporation. The case is presently before the Court on defendant’s Motion to Dismiss. The defendant alleges that the plaintiff corporation is a foreign corporation doing intrastate business within the *181 State of Maryland, without hav...
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OPINION This matter comes before the court on defendant’s motion to dismiss the indictment. Briefs and affidavits were submitted by both sides. Oral argument was heard on November 7, 1975. Following the argument, the court reserved decision. By an indictment filed on February 1, 1967, the defendant was charged with a violation of 50 U.S.C.App. § 462(a), failure to report for induction. Defendant ...
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MEMORANDUM and ORDER The defendants, Jerome Mackey and William Nelson, were charged with mail fraud arising from their management of Mackey Distributors, Inc. 18 U.S.C. § 1841. Distributors was organized in 1972 for the purpose of selling stereo tape distributorships. Mackey was president and Nelson secretary-treasurer. During the course of the grand jury investigation the government called a...
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MEMORANDUM AND ORDER In this action 1 seeking declaratory and injunctive relief under the Civil Rights Act of 1871 (42 U.S.C. § 1983), within the jurisdiction of the district court, 28 U.S.C. § 1343(3) and (4), on the ground that both the structure and administration of Pennsylvania’s State Plan for Programs on Aging are inconsistent with the Older Americans Act (42 U.S.C. § 30...
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MEMORANDUM AND ORDER *948I. FACTS Before the Court is a petition for a .writ of habeas corpus brought by relator, a state prisoner. Relator argues that he was deprived of his constitutional right of due process of law by the instructions of the trial court to the jury in his criminal trial. In instructing the jury, the trial judge made comments, unsupported by the evidence, which were unfairly pre...
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OPINION This action came originally to be heard by this three-judge court in Reynolds v. Neill, 381 F.Supp. 1374 (N.D. Tex.1974). The factual background of the action is fully set out in that opinion and need not be repeated here in detail. Briefly, Perry Wayne Reynolds was indicted by a grand jury in Dallas County on the charge of murder with malice on March 29, 1968. In May of that year, ...
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MEMORANDUM AND ORDER The motion presently before this Court presents an issue which to this Court’s knowledge has not been decided by any federal court. The government has moved for an order requiring certain witnesses appearing before a grand jury to have separate counsel. I. FACTS At midnight on September 30, 1975, Local 6 of the Newspaper and Graphics Communications Union, which represents pres...
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RULING ON DEFENDANT’S MOTION TO DISMISS Plaintiffs, Victor F. Kayfetz and Victor Kayfetz Productions, Inc., have brought this action to recover for personal injuries and property damage allegedly suffered in a collision with a sailing yacht operated by defendant William J. Walker. On May 19, 1972, plaintiff Kayfetz and defendant were engaged in a sailing race conducted on Long Island Soun...
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MEMORANDUM OF DECISION Archie Chesney, presently an inmate at the Connecticut Correctional Institution, Somers, Connecticut, brings this petition for a writ of habeas corpus to challenge the validity of his conviction for second degree murder. This court has jurisdiction pursuant to 28 U.S.C. §§ 2241 and 2254. Petitioner alleges that he was denied his sixth amendment right to confront one of th...
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MEMORANDUM DECISION On October 7 in an unreported memorandum opinion, the Court of Appeals for this circuit affirmed our order of June 6, 1975, which denied the motion of intervening defendants Louis Arado, et al., to enjoin the Chicago Police Department from making temporary sergeant promotions. United States of America, et al., v. City of Chicago, et al., 525 F.2d 695 (7th Cir. 1975). The A...
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MEMORANDUM OPINION Petition For Rehearing I. Introduction This cause began as an interpleader action filed by the National Bank of Joliet in the Circuit Court of the Twelfth Judicial Circuit in Will County, Illinois, and was removed to the federal court after an amended complaint was filed in the state court naming the United States as one of the fourteen parties defendant. In its interpleader ...
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MEMORANDUM OPINION This patent infringement action was brought by Siemens Aktiengesellschaft (“Siemens”) against Beltone Electronics Corporation (“Beltone”), an Illinois corporation and manufacturer of hearing *808 aids, and against two other defendants. The action against the other defendants was transferred to the U. S. District Court for the Southern District of New York. ...
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MEMORANDUM AND ORDER Plaintiffs, former owners and operators of the Red Wing Fiberglass Corporation, contend that they are entitled to a refund of a penalty assessed by the Internal Revenue Service. The court has jurisdiction. 28 U.S.C.A. § 1346(a) (1). Defendant has moved for summary judgment. In 1962, the corporation went bankrupt owing federal employment taxes for the second, third and fou...
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MEMORANDUM OPINION ON DEFENDANT’S MOTION TO DISMISS This action arises under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. and concerns an act of alleged age discrimination by defendant against plaintiff on or about August, 1974. Jurisdiction is founded on 29 U.S.C. § 626(c) and 28 U.S.C. § 1331. Defendant contests the jurisdiction of this court and h...
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George Shulof brought this class action claiming that Westinghouse Electric Corporation perpetrated a fraud on *1263 the market, in violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (b) and in breach of common law fiduciary duty owed by Westinghouse to its stockholders. In particular, Shulof alleges that from August 5, 1974 through December 27, 1974 Westinghouse repre...
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OPINION AND ORDER This is an appeal from the Bankruptcy Court’s determination that appellant Clinton County National Bank is civilly liable under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., to the bankrupt estates for a statutory penalty, attorneys fees, and costs. On cross motions for summary judgment, the Bankruptcy Judge found that when appellant loaned the bankrupts money on March 2,1...
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OPINION AND ORDER Fred L. Wilson and Judy A. Wilson filed petitions in bankruptcy on August 19, 1974. Thereafter, Michael N. Tousey, as trustee, commenced a civil action before the Bankruptcy Court against Park National Bank, alleging that Park National had violated the Truth in Lending Act, 15 U.S.C. § 1601 et seq., when it financed the Wilson’s purchase of a truck on January 30, 1974. The Bankru...
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ORDER In this diversity action Plaintiffs seek recovery for damages allegedly resulting from Defendant’s diversion of flowing water across Plaintiffs’ property. Plaintiffs allege that in the years 1963-1974 they acquired certain described real property; that Defendant maintains a railway line adjacent to said property; that for many years prior to 1952 Defendant directed the flow of water...
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405 F. Supp. 370 (1975) BECHTEL CORPORATION and Bechtel Power Corporation, Plaintiffs, v. LOCAL 215, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO et al., Defendants. No. 75-245 Civil. United States District Court, M. D. Pennsylvania. November 13, 1975. *371 *372 James J. Haggerty, Haggerty & McDonnell, Scranton, Pa., Bond, Schoeneck & King, Syracuse, N. Y., for plaintiffs. Ira ...
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MEMORANDUM OPINION AND ORDER Defendant, CBS Inc. (“CBS”), has petitioned this Court pursuant to 28 U.S.C. § 1441(c) 1 to remove the instant libel action to this Court from the Court of Common Pleas of Delaware County, Pennsylvania. Plaintiff, Philip A. Toanone (“Toanone”), has moved this Court to remand the action to the state court. For reasons that will hereinafter appear, I ...
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The above-styled actions were heard by the Court without a jury and taken under submission on the 18th day of September 1975. After hearing the evidence, examining the exhibits, the pleadings, ' the stipulations, briefs and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. By stipulation these actions were consolidated for...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Haun moved the Court to suppress evidence of an unregistered Thompson M-l 45-caliber submachine gun seized from him by a federal law enforcement officer herein, Rules 41(f), 12(b), Federal Rules of Criminal Procedure, on the ground that such seizure infringed his right to be secure in his home against unreasonable searches and seizures, Constitution,...
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OPINION Two separate but similar losses of deck-stowed wood products generated these consolidated cases. Prior to each loss plaintiff Weyerhaeuser Company (“Weyerhaeuser”) time chartered the M/S PORTMAR from its owner and operator, defendant Calmar Steamship Corporation (“Calmar”), for the inter-coastal carriage of wood products from Coos Bay, Oregon, to various east coast ports.. Plainti...
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DECISION and ORDER Two of the plaintiffs in this action, Michael E. Sturdevant and Theresa Jacobs, have filed a motion to proceed in forma pauperis; in addition, the plaintiffs Sturdevant, Jacobs and Vivian D. Sackatoek have moved to proceed in forma pauperis “for taking and transcribing oral depositions.” I hold that the first motion should be granted and that the second motion should be denied....
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OPINION Defendant John K. Whiteside was found guilty by a jury on June 24, 1975, of three counts of willfully attempting to defeat a federal tax, 26 U.S.C. § 7201. 1 His motions for judgment of acquittal, 2 pursuant to Rule 29(c), F.R.Cr.P., or, alternatively, a new trial, 3 pursuant to Rule 33, F.R.Cr.P., are now before the Court. Whiteside’s briefs 4 have offered several reasons for g...
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ORDER These two Title VII federal employee sex discrimination cases are before the Court on defendants’ motion to dismiss or in the alternative for summary judgment, filed August 4, 1975, and plaintiffs’ motion to determine class filed August 11, 1975. The defendants move to dismiss or for summary judgment on the following grounds: (1) The action may not be maintained against th...
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ORDER OF COURT This is an action under Section 101(a) (1) of the Labor-Management Reporting and Disclosure Act of 1959 [LMRDA], 29 U.S.C. § 411(a)(1), for injunctive and other appropriate relief filed by Warren R. Woods against Local Union No. 613 of the International Brotherhood of Electrical Workers [Local 613]. The case is presently before the Court on the defendant Local 613’s motion ...
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*778 DECISION AND ORDER This cause arises upon a complaint, under the patent laws of the United States, 35 U.S.C. § 1 et seq., alleging patent infringement. The court has jurisdiction of the parties and of the subject matter under the provisions of 35 U.S.C. § 281 and 28 U.S.C. §§ 1331, 1332, 1338(a), 1391(c), 1400(b). Plaintiff, a New York corporation, has its principal pla...
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MEMORANDUM AND ORDER On February 27, 1975 the grand jury returned an indictment charging defendant Donald E. Lasater with four counts of making false material declarations in violation of Section 1623, Title 18, United States Code. Several pretrial motions were filed by defendant, and at a conference with the Court on July 22, 1975, all counsel agreed to submit the is*209sue of the materiality of...
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MEMORANDUM AND ORDER This civil rights action was tried to the Court without a jury on July 16 and 17, 1975. The complaint alleges that: “Jurisdiction exists under the provisions of the Civil Rights Act, 42 U.S.C. § 1983 and 28 U.S.C. § 2201, and seeks declaratory judgment, damages, injunctive and other relief to redress the deprivation by defendants, their agents, employees and others acting in c...
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OPINION Plaintiff, a New Hampshire corporation, is a retail automobile dealer engaged in the business of selling new and used Subarus to the consuming public. Defendant Subaru of America, Inc. (Importer), a Pennsylvania corporation having its principal place of business in Pennsauken, New Jersey, is the sole importer and manufacturer’s distributor of Subaru motor vehicles in the United St...
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OPINION This case involves the review of an order setting tolls on bridges owned and operated by the Delaware River Port Authority (hereinafter “Authority” or “DRPA”)! 1 by the Federal Highway Administrator (hereinafter “Administrator”). The Administrator’s authority to prescribe tolls derives from Section 503 of the General Bridge Act of 1946, 33 U.S. C. § 526. As origina...
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Defendant Mobil Oil Corporation moves in Samuel J. Lefrak, et al. v. Arabian American Oil Co., et al., New York City Housing Authority v. Arabian American Oil Co., et al., Rochdale Village, Inc. v. Arabian American Oil Co. and Harry B. Helmsley, et al. v. Arabian American Oil Co., et al., for an order pursuant to Rule 12(b) of the Federal Rules of Civil Procedure dismissing Counts I and II of...
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MEMORANDUM, FINDINGS OF FACT AND CONCLUSIONS OF LAW In this diversity action, Copylease Corporation of America (Copylease) seeks specific performance and damages for breach of contract from Memorex Corporation (Memorex). Pursuant to Rule 65(a)(2), Fed.R.Civ.P., trial on the merits was advanced and consolidated with the hearing on Copylease’s renewed application for a preliminary injunctio...
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MEMORANDUM AND ORDER In this diversity action filed December 17, 1974 to recover damages for libel and invasion of privacy, defendant Doubleday & Company, Inc. (hereinafter “Doubleday”) has moved for summary judgment dismissing the complaint as to it “upon the ground that the statements complained of in the complaint are about a public figure and were not published by Doubleday...
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Ten years ago, Congress enacted Title XIX of the Social Security Act, 42 U.S. C. §§ 1396-1396g, the so-called “Medicaid” legislation. Medicaid is a cooperative federal-state medical assistance program operated under state direction, subject to extensive federal statutory and regulatory guidelines. States are not required to participate in Medicaid, nor, if they do participate, to extend benefit...
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OPINION Plaintiff, a former policeman of the New York City Police Department who was dismissed following a hearing upon specific charges of misconduct, commenced this action against the defendant Police Commissioner to compel his reinstatement. He alleges a claim of deprivation of his constitutional! rights under the Civil Rights Act, 42 U.S.C., sections 1983 and 1985, with jurisdiction grounde...
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ORDER Albert Lewis Carey, Jr. has presented a “Petition for Appointment of Counsel.” He was convicted of murder in Mecklenburg County, North Carolina, and was sentenced to death. The conviction was affirmed October 7, 1975, by a divided North Carolina Supreme Court. Carey is now on death row at North Carolina Central Prison, Raleigh, North Carolina. Petitioner was scheduled to be executed Fri...
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MEMORANDUM OPINION In this action Plaintiff seeks judicial review of Defendant’s final administrative decision that Plaintiff is not entitled to “Black Lung” benefits under Title IV-B of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 921 et seq. Jurisdiction is founded upon 42 U.S.C. § 405(g), which is incorporated into 30 U.S.C. § 923(b) by reference. ...
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MEMORANDUM AND ORDER Before the Court is a motion to quash certain portions of a subpoena duces tecum issued by the grand jury. For the reasons hereinafter stated, I have decided some of the matters before this branch but have referred others to Judge Robert W. Warren for decision. I. The Milwaukee Independent Meat Packers Association (“Association”) is a multi-employer bargaini...
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RULING ON MOTIONS TO DISMISS The following ruling adopts the proposed ruling of Magistrate Arthur H. Latimer: In this civil action grounded in an open-end credit arrangement between the parties, plaintiff’s complaint alleges in separate counts defendant’s failure to provide truth in lending disclosures, cf. 15 U.S.C. § 1640, and its imposition of a finance charge exceeding that permi...
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MEMORANDUM DECISION The plaintiffs in this removed action are three employees of the Kane County Community Action Agency (KCCAA), a corporation organized under an act of Congress, with its principal office in Batavia, Illinois. The plaintiffs work in Aurora, Illinois, at a subsidiary of the KCCAA. The defendants are the KCCAA, its executive director Betti Sands, the board of directors, th...
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MEMORANDUM DECISION The plaintiff brought the present action pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g) (1970), to obtain judicial review of a final decision by the Secretary of the Department of Health, Education, and Welfare, for denying the plaintiff’s claim for disability benefits. The defendant has answered the complaint and filed a motion for summar...
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MEMORANDUM DECISION This is an action to review a final decision of the Secretary of Health, Education and Welfare. 42 U.S.C. § 405(g). Defendant has moved for summary judgment upon the ground that his decision is supported by substantial evidence. The only issue in the case is whether plaintiff's disability (the parties agree that the plaintiff is now permanently disabled) had its onset on or pri...
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*1162MEMORANDUM Defendant is charged under an indictment with failure to report for alternate service, a violation of 50 U.S.C. App. §§ 456(j) and 462. Specifically, the Government alleges that Potter, having been classified 1-0 (conscientious objector) by his draft board and under an obligation to perform twenty-four consecutive months of civilian work in lieu of induction into the armed services...
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OPINION This is a six-count civil action for breach of contract. Jurisdiction of this court is invoked on the basis of diversity of citizenship, plaintiff being a corporation organized under the laws of the State of Connecticut and defendants residents of the Commonwealth of Massachusetts. Defendant George A. Cloutier, at times material to this case, was Chairman of the Board of Directors of Ed...
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OPINION AND ODRER This is an action filed under the Declaratory Judgment Act, 28 U.S.C. § 2201 challenging the administrative determination by the Comptroller of the Currency that defendant bank could operate a branch bank at a site described as the “intersection of Red Arrow Highway and Center Street” in Coloma Township, Berrien County, Michigan. The case is currently before this Court o...
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*777 MEMORANDUM AND ORDER The primary issue raised in this proceeding to enforce an Internal Revenue summons issued pursuant to 26 U.S.C.A. § 7602 is whether a lawyer’s fee ledger is privileged information. Because we hold it is not and because the summons was properly issued, the motions of Michael Causey and Bruce Hartigan are denied and Hartigan is directed to comply with the summons. In...
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MEMORANDUM AND ORDER The issue to be resolved in this federal estate tax refund lawsuit is how to properly compute the “marital deduction” allowable to the estate of one Charles Lesley Ames, deceased. The facts, as outlined below, are not in dispute, and the matter has been submitted on cross motions for summary judgment. The marital deduction originally claimed in the federal estate...
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405 F. Supp. 1068 (1975) Kenneth L. WHITE, Administrator of the Estate of Kathryn White, Deceased, Plaintiff, v. B. K. TRUCKING COMPANY, INC., a Texas Corporation, and Adrian Earl Breeze, Defendants. Lulamae NANCE, Administrator of the Estate of Anna Ellois Reed, Deceased, Plaintiff, v. B. K. TRUCKING COMPANY, INC., a Texas Corporation, and Adrian Earl Breeze, Defendants. Civ. Nos. 73-678-D, 73-6...
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OPINION AND ORDER Affidavits of disqualification pursuant to 28 U.S.C. § 144 have been filed on behalf of the defendants Pentronix, Inc. (Pentronix) and Electronic Memories & Magnetics Corporation (EMM) in these consolidated actions. Each party charges that certain comments and statements made by the Court at a hearing held on July 22, 1975, reveal that I have a personal bias or prejudice...
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MEMORANDUM This is an action under § 205(g) of the Social Security Act, as amended, 42 *1304U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s claim for a period of disability and for disability insurance benefits. The issue is whether the Secretary’s final decision that plaintiff is not entitled to disability insurance benefits for a...
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MEMORANDUM These substantially identical actions for injunctive and declaratory relief were consolidated for the purposes of hearing and disposition. The plaintiffs seek to enjoin the defendants from withholding certain information about persons arrested or charged with the violation of federal criminal statutes and to obtain a declaratory judgment that such withholding is violative of the Priv...
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MEMORANDUM OPINION In the years 1970, 1971, and 1972, former President Richard M. Nixon claimed tax deductions based on an alleged 1969 charitable contribution to the United States of pre-Presidential papers worth $576,000. Questions as to the validity of those deductions sparked investigations by, or authorized by, a number of governmental bodies including the Internal Revenue Service, t...
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MEMORANDUM OPINION Plaintiffs challenge the constitutionality of certain zoning ordinances of the City of Lake Forest. The defendants have moved to strike and dismiss the complaint. For the reasons stated below, the motion will be granted in part and denied in part. *150 Taking as true the well pleaded allegations of the complaint, the following fact situation is before the ...
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This is an action for cargo loss, transshipment expenses and related damages, and for indemnity for costs of salvage, stemming from a ship fire at sea. Trial was held, without a jury, solely as to liability of the defendants. On May 15, 1968, plaintiff Cerro Sales Corporation (Cerro) entered into a voyage charter party with defendant Atlantic Marine Enterprises, Inc. (Atlantic), owner of t...
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OPINION 'The issue of liability under the parties’ port risk marine issurance agreement was tried before the Court on documentary evidence. No witnesses were called by either side. Plaintiff, a Panamanian corporation, was owner of the steamship the “DELFINI”, which, while at anchor at the Port of Osaka on February 15, 1968, broke adrift, collided with other vessels, became stranded, susta...
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This case involves five wrongful death and three personal injury actions resulting from an explosion of a valve in a United States Navy vessel. The issue presented here is whether the entire case, or simply the personal injury actions, should be submitted to the jury. After a review of relevant authorities, this court concludes that the entire case should be submitted to the jury. In Sea-Land Serv...
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These eases involve railroad rate schemes which allow certain shippers to pay through rates for interrupted shipments. Without these schemes the shipper would have to pay a higher rate— the total of the ordinary (“local”) rates for each of the two interrupted shipments. For example, poles are shipped by rail from Medford to Eugene, unloaded and treated there by the shipper, then reloaded and shipp...
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MEMORANDUM This is a suit to review the final decision of the Secretary of Health, Education and Welfare, which had denied the plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to §§ 411(a) and 412(a)(2) of the Act, 30 U. S.C.A. § 921(a) and § 922(a)(2). The court has jurisdiction exclusively pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g) as incorpo...
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OPINION The question for determination in this diversity case is whether under *322 Pennsylvania law an insurance policy’s specific denial of coverage for an insured’s wife also denies coverage for his widow. The matter, coming before me on cross-motions for summary judgment, involves an automobile liability policy which excludes a spouse residing in the same household as the...
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ORDER On October 9, 1975, pursuant to the provisions of 26 U.S.C. § 7402(b) 1 and 7604(a) 2 petitioners filed in this court a petition to enforce an Internal Revenue *1269 Service summons dated the 27th day of June, 1975, directing Cecil E. Lucas, President of defendant corporation (hereinafter called General) to appear at Room 310, Federal Building, 901 Sumter Street, Columbia, South Car...
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405 F. Supp. 48 (1975) Herbert E. ROSSON v. Sheriff Glenn M. WEATHERHOLTZ and James Lam, Deputy. Civ. A. No. 75-0078 (H). United States District Court, W. D. Virginia, Harrisonburg Division. November 10, 1975. *49 Herbert E. Rosson, pro se. David I. Walsh, Asst. Commonwealth Atty., Harrisonburg, Va., for respondent. OPINION AND JUDGMENT DALTON, District Judge. Herbert Rosson, a prisoner at the R...
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OPINION AND JUDGMENT Petitioners are inmates at Augusta Correctional Field Unit # 10. They have filed this action containing numerous allegations concerning conditions at the Unit and the treatment accorded them by respondents, the Governor of Virginia and past and present administrative officers of the Unit. Petitioners seek injunctive relief pursuant to 42 U.S.C. § 1983. In response to petition...
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MEMORANDUM AND ORDER The defendant is under indictment by the Grand Jury of the United States District Court for the Northern District of California on two counts: Armed Bank Robbery (18 U.S.C. § 2113(a), (d)) and Use of Firearm to Commit a Felony (18 U.S.C. § 924(c)(1)). Pursuant to this Court’s order dated September 25, 1975, the defendant has undergone a series of psychiatric examinati...
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MEMORANDUM OF DECISION In this action the Interstate Commerce Commission seeks to enforce a subpoena duces tecum that it directed to the City National Bank, requiring the *346latter to produce certain records pertaining to a purported sale of Trans-United, a carrier subject to ICC regulation, by W. T. Brady in 1972. Mr. Brady was granted leave to intervene on August 18, 1975, and now opposes the e...
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*294 OPINION This civil rights action 1 was brought pursuant to 42 U.S.C. §§ 1981,1983,1985, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended [all hereinafter by section number only]. The plaintiffs seek both damages (including back pay) and injunctive relief. Certain of the defendants have moved to dismiss the action as t...
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ORDER GRANTING PARTIAL SUMMARY JUDGMENT This cause came on for consideration upon motions by both parties for summary judgment as to Counts I, II, III, IV, and V of the complaint, all of which .charge the defendant with violations of the Security Act of 1933, the Securities Exchange Act of 1934 and Chapter 517, Florida Statutes. The court, having considered the record and being fully advised in...
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DECISION ON MOTION TO REMAND Plaintiffs have filed a motion to remand this case to the Circuit Court of Cook County for the second time. The complaint was originally filed there against Michigan Carton Co., was removed here, and then remanded on July 8,1974 for lack of diversity jurisdiction, since Michigan citizens were on both sides. After the remand, St. Regis Paper Co., a New Yor...
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MEMORANDUM AND ORDER On January 27, 1975, the above-named defendants were arraigned in this court to answer charges contained in an indictment that they had violated 18 U.S.C. § 1952. After pleading not guilty, defendants thereafter filed numerous motions seeking to have the indictment quashed, wiretap evidence -suppressed, and additionally, seeking discovery of various materials and documents....
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*586OPINION In this action plaintiffs seek actual and punitive damages, as well as injunctive relief, arising out of a claim of conspiracy to breach a collective bargaining agreement. Counts II and III of plaintiffs’ complaint, alleging wrongful discharge of plaintiff Beavers and breaches of duty owed to him as a result of the discharge, were severed from this trial on September 25,1974. Having t...
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OPINION As this action goes to trial it contains three claims. The first is based on federal securities law, specifically, on Section 10(b) of the 1934 Exchange Act and Rule 10b-5. The second and third are state law claims brought in this court *1175 pursuant to the doctrine of pendent jurisdiction. See United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L...
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MEMORANDUM Charles Gold appeals from a decision and order of the Bankruptcy Court, Honorable Asa A. Herzog, which denied his application for payment of ja secured claim and which ordered him to refund monies to the trustee in bankruptcy. In settlement of an action pending in New York Supreme Court, Flying Mailmen Service, Inc. (debtor) agreed to pay Gold the sum of $150,000. The agreement, da...
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The plaintiffs, on behalf of themselves, and on behalf of an alleged class, commenced this action against the South Shore Federal and Loan Association, alleging that the monthly payments of mortgage interest and principal amortization, due and payable at the beginning of each monthly period, for the entire term of the mortgage loan, results in a usurious transaction. The complaint alleges violatio...
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MEMORANDUM By their complaint, filed July 1, 1975. plaintiffs seek declaratory and injunctive relief and also money damages. Their first pleaded claim “arises under the First, Fifth and Fourteenth Amendments to the Constitution of the United States, and §§ 1983 and 1985 of Title 42, U.S.C.” The second claim is pendent, pleaded in reliance upon the Constitution of the State of New York and...
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*1405 OPINION AND ORDER This petition to compel arbitration and to stay a pending state court action is brought under diversity jurisdiction, 28 U.S.C. § 1332, and the Federal Arbitration Act (the “Act”), 9 U.S.C. § 4. Petitioner, Lea Tai Textiles, Ltd. (“Lea Tai”), is a corporation organized under the laws of Hong Kong where it has its principal place of business. Respondent, Ma...
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In question here is the constitutionality of two Virginia statutes restricting the fishing of menhaden in her part of Chesapeake Bay and in the Atlantic Ocean within three miles1 of her coast. Plaintiffs, Seacoast Products, Inc., The New Smith Meal Company, Inc., and Second Oceanic Corporation, now and for a number of years engaged in such fishing in these areas, sue the Virginia Commissioner of M...
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MEMORANDUM AND ORDER GRANTING WRIT Petitioner seeks a writ of habeas corpus in this Court after being denied such relief in state court. Petitioner was convicted of rape in 1959 in the Washington State Superior Court for Benton County and sentenced to a maximum of sixty years imprisonment. He was paroled from the Washington State Penitentiary September 28, 1970. On February 3, 1971 h...
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DECISION AND ORDER The defendants in the above action have filed motions pursuant to Rule 12(b)(1) and 12(b)(6), Federal Rules of Civil Procedure, to dismiss the plaintiffs’ amended complaint for lack of sub- ■ ject matter jurisdiction and to dismiss the amended complaint and individual causes of action thereof for failure to state a claim upon which relief can be granted. I hold that the...
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MEMORANDUM DECISION AND ORDER DISMISSING THE MOTION OF PETITIONERS FOR ATTORNEYS’ FEES I. BACKGROUND OF THE LITIGATION: In an effort to rehabilitate a blighted area within San Francisco, .application was made to the Federal government for loans and grants to redevelop the affected area. Defendant San Francisco Redevelopment Agency applied for the funds and played an integral role in planning the ...
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MEMORANDUM AND ORDER The question presented by the parties at this time is whether the plaintiffs can amend their complaint. For the reasons given below, this Court holds that they can. This is a Title VII action brought against Pan American World Airways, Inc. (hereinafter Pan Am) by three black women employees. In their original complaint to the Equal Employment Opportunity Commission, two of th...
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MEMORANDUM OF DECISION This is another in a series of eases which disclose the arbitrary classification of an inmate as a “member of organized crime” or “Special Offender” by federal prison officials without a rational basis in fact and without affording the inmate any procedural due process protections. See, e.g., Cardaropoli v. Norton, 523 F.2d 990 (2 Cir. 1975); Catalano v. United States, 383 F...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action under 42 U.S.C. § 2000e, alleging sex discrimination by Defendants. The defendants are the University of Florida and various individuals as agents of the University. Defendant Greene is director of the University’s Physical Plant Division. Defendant York is the president of the University. The other individual defendants are connec...
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MEMORANDUM AND ORDER The various motions now before this court have been filed by defendant Touche, Ross & Company and by the defendant underwriters. The plaintiffs allege that these defendants and others violated § 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q(a)], § 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. § 78j (b) ] Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-...
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404 F.Supp. 161 (1975) Dr. Louis KAPLAN, Plaintiff, v. Don CARNEY et al., Defendants. No. 74-600C(4). United States District Court, E. D. Missouri, E. D. November 6, 1975. *162 Francis L. Ruppert, Clayton, Mo., for plaintiff. Eugene E. Northern, Rolla, Mo., Anderson, Gilbert, Wolfort, Allen & Bierman, St. Louis, Mo., for defendants. MEMORANDUM NANGLE, District Judge. This matter is before th...
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OPINION Plaintiff, Bernard Weinberger, a former limited partner in the now defunct *1023 brokerage firm of Ira Haupt & Co. (“Haupt”), commenced this action against defendant, New York Stock Exchange (“Exchange”), on October 9, 1969. An amended complaint was filed on January 22, 1970. Issue was joined and the case was submitted to the Court for decision on a stipulated record ...
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MEMORANDUM AND ORDER Cross motions have been made for summary judgment by the plaintiff and to dismiss by the defendant. Facts On November 4, 1964 plaintiff’s predecessor, Brubrad Corporation, and the United States of America entered into a lease agreement for a store at 2934-36 Avenue X, Brooklyn, New York, to be used by the then Post Office Department. The lease was for an ...
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MEMORANDUM AND ORDER Petitioner Agnes Scranton, charged with murder of her infant child, has filed a habeas corpus petition seeking dismissal of the New York State criminal indictment on the grounds that she has been denied her right to a speedy trial.1 Her petition poses two threshold jurisdictional questions. First, whether, being at liberty on pretrial parole, she satisfies the “custody” requir...
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MEMORANDUM This court declared that counsel for plaintiffs were entitled to attorneys’ fees in two related cases, Torres v. Sachs, 73 Civ. 3921 (S.D.N.Y. Jan. 16, 1975) (“Torres”) and Lopez v. Dinkins, 73 Civ. 695 (S.D.N.Y. March 27, 1975) (“Lopez”). Pending determination of the amount to be awarded, the Supreme Court rendered its decision in Wilderness Society v. Alyeska Pipeline Service Co., 42...
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*611 ORDER In this action Plaintiff charges Defendants with racial discrimination in the offer for sale of housing in violation of 42 U.S.C. § 3604. Jurisdiction is alleged under 42 U.S.C. § 3610 and 28 U.S.C. § 1334. The allegations of the Complaint are essentially as follows: Plaintiff is a black citizen of the United States and of this judicial district; on or about October 23, 1974 De...
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OPINION I must determine whether attorney’s fees and expenses should be awarded from a receivership estate to four sets of attorneys who have represented various parties to three separate actions. These actions arose out of securities fraud committed in the sale of so-called “offshore mutual funds”. Because of the complexity of the facts underlying these applications for fees and expenses...
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MEMORANDUM OPINION AND ORDER Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the Social Security Act, 42 U.S.C. § 405(g...
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OPINION Plaintiffs seek a declaration that Sections 36.94.230 1 and .240 2 of the Revised Code of Washington are unconstitutional insofar as they permit only owners of real property to divest the action of county commissioners in the formation of the Utility Local Improvement District (ULID). As non-land owning residents within the ULID created by defend...
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MEMORANDUM AND ORDER This case involves a class action brought by unconvicted pre-trial detainees incarcerated at the District of Columbia Jail in which plaintiffs seek a declaratory judgment that the conditions of their confinement violate their constitutional rights, and an order compelling defendants to discontinue the alleged violations. More specifically, plaintiffs contend that incarcerat...
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MEMORANDUM OPINION Pursuant to the directions of our Circuit Court of Appeals as contained in its remand order, this Court has held hearings pointed to determining the degree to which compliance has been had with its interim order of March 21, 1975 relative to the housing of pretrial detainees at the District of Columbia Jail. Also pursuant to the order, the defendants are directed to take spec...
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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. A Lockheed C-5A aircraft, owned and operated by the United States Air Force, crashed shortly after takeoff from the Saigon Airport in the closing days of the Vietnam War. The plane, carrying over 300 per...
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This is a motion by defendant Trans World Airlines, Inc. (TWA) for partial summary judgment dismissing all claims in the second amended complaint which are asserted under Title VII of the Civil Rights Act of 1964 (78 Stat. 253 and following; “the 1964 Act”). Thé ground for the motion is lack of jurisdiction over the subject matter because the action was not commenced within the 30 day period sp...
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Defendants, Alleghany Corporation (“Alleghany”) and certain of its directors, move for judgment pursuant to Rule 12(c), Fed.R.Civ.P., dismissing the amended complaint of plaintiff Randolph Phillips (“Phillips”). For the reasons hereinafter stated, the motion is granted in part and denied in part. * “The affairs of Alleghany Corporation . . . have given rise to a flood of litigation...
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OPINION Petitioner, pro se seeks by writ of habeas corpus his release from state custody or, in the alternative, a new trial on the charge of first degree murder on which he was convicted by a jury in state court nearly ten years ago, on December 20, 1965. Petitioner requests an evidentiary hearing on the questions raised in his petition. The grounds on which relief is sought are petitioner...
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MEMORANDUM OPINION AND ORDER Plaintiffs William Knipp (Knipp) and Denver Roof (Roof) filed the above-captioned action against Thomas Weikle, Sheriff of Richland County, Ohio (Sheriff Weikle) and William Misc., a deputy captain on the Sheriff’s staff (Deputy Captain Misc.), seeking to recover damages for the alleged violation of their civil rights guaranteed under 42 U.S.C. §§ 1983, 1985 and 198...
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OPINION AND ORDER Presently pending before the Court is an appeal from two Orders entered May 30, 1975 by the Honorable Emil F. Goldhaber, Bankruptcy Judge, awarding counsel fees and costs to attorneys for the official statutory creditors committees of Botany Industries, Inc. (“Botany”) and H. Daroff & Sons, Inc. (“Daroff”), and to attorneys for the Receivers of “Botany” and “Daroff”. ...
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Motion to Dismiss, filed by defendants Levern Coe and Margaret C. McCoy, as Administratrix, seeks to have this court to dispose of this action by dismissal on two grounds; (1) that no true diversity of citizenship exists because there is no bona fide controversy between plaintiff and defendant, and (2) that the complaint fails to state a claim against the defendants upon which relief can be grante...
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MEMORANDUM AND ORDER In May, 1974, and thereafter, the Chief Justice of the United States Supreme Court, Warren E. Burger, and the Chief Judge of the Fifth Circuit, John R. Brown, began designating the undersigned to sit in seven similar cases and three related cases filed in the United States District Courts in the States of Texas, Pennsylvania, Indiana, Minnesota, Alabama and Wisconsin....
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ORDER OVERRULING DEFENDANTS’ MOTION TO DISMISS OR TRANSFER On this the 31st day of October, 1975, came on to be heard Defendants’ Motion to Dismiss or Transfer and the Court having read such Motion and the pleadings of the Plaintiffs in response thereto, and the Briefs of the parties and having heard the arguments of counsel, is of the opinion and finds that the Motion to Dismiss or Transfer shoul...
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MEMORANDUM AND ORDER Counsel for the defendant named above has filed a motion to dismiss this action. He contends that the issues presented in the complaint are barred by the provisions of Rule 13(a) of the Federal Rules of Civil Procedure (Rule 13 (a)) because, in accordance with that rule, it was necessary that said issues be raised and resolved as compulsory counterclaims in a prior action in ...
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MEMORANDUM OF OPINION Earnest Ball, presently serving a life sentence in Alabama’s Holman prison, has filed in this court three civil actions for damages under 42 U.S.C.A. § 1983. One (CA 74-1199) charges that unreasonable force was used by Tuscaloosa city policemen in effecting his arrest in connection with a domestic squabble, a struggle during which one of the arresting officers was killed b...
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MEMORANDUM AND ORDER I. BACKGROUND Plaintiff, a Reserve Captain in the United States Army, entered the armed services as a Private on July 2, 1959, and was commissioned as a Second Lieutenant in September, 1964. Subsequently, MacKay received promotions to First Lieutenant in March of 1966 and to Captain the following year. In January, 1974, the Secretary of the Army convened a Promotion Sel...
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*1168 MEMORANDUM RE LIABILITY This is a civil action arising out of a helicopter crash. Negligence and breach of contract and warranty are alleged. All issues of liability were separated from the determination of damages and tried to the Court without a jury. After a full trial the Court now sets out its findings of fact and conclusions of law. I. FACTS On April 5, 1973...
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*3 MEMORANDUM OF DECISION In this civil rights action, the plaintiff, Mary Gilbertson, a former tenured English teacher at Weaver High School in Hartford, seeks injunctive relief, reinstatement, back pay and damages against the defendants who include most of the elected members of the Hartford Board of Education, the Superintendent of Schools, and the Chairman of the Hartford Court of Common ...
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MEMORANDUM OPINION and JUDGMENT ORDER This lengthy and protracted litigation is once again before the court, this time as the result of the filing of six motions by various parties. In order to avoid confusion, each motion will be dealt with separately in this opinion. FACTS The Plaintiff filed this action as a shareholders’ derivative suit against two corporations and a number ...
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MEMORANDUM AND ORDER At the inception of the remedial phase of this litigation, the court directed the parties to submit plans to effectively establish a unitary school system. After affording the parties approximately 30 days to attempt to resolve their differences, the court conducted extensive *944 hearings on the plans submitted. 1 The parties were persistent in their different views of...
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MEMORANDUM OF DECISION Edward Poindexter, an inmate in the Nebraska Penal and Correctional Complex, has petitioned for a writ of habeas corpus. In response to that petition this court on May 2, 1975, conducted an evidentiary hearing to determine (1) whether the petitioner has standing to contest the search of David Rice’s house on August 22, 1970; (2) if such standing exists, whether the decisi...
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OPINION Defendants Schwartz and Professional Sports Enterprises, Inc. move to dismiss the action for lack of personal jurisdiction over them. The motion is granted. I. Plaintiff Chemical Bank’s claim in this action is that defendants have interfered with its security interest in a hockey franchise held by a team known as the “Golden Blades”. Defendant World Hockey Association (“...
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MEMORANDUM AND ORDER Plaintiff has brought this action for violation of a contract between the Servomation Corporation and the Union pursuant to the provisions of § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). The complaint alleges that defendant has violated the collective bargaining agreement between the parties in the defendant’s refusal to submit a purported grievanc...
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MEMORANDUM AND ORDER This is an action brought by plaintiff on behalf of herself and purportedly *411on behalf of others similarly situated, alleging violations of the Fair Labor Standards Act of 1938 (“FLSA”), as amended, 29 U.S.C. § 201 et seq. Specifically, plaintiff alleges that she and the members of the class are entitled to overtime compensation for hours worked in excess of eight (8) per ...
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OPINION AND ORDER The plaintiffs brought an action against three police officers employed by the City of Pittsburgh and against the City of Pittsburgh. The plaintiffs, Cannon Redding, Kenneth Redding, a minor, by his parent and guardian, Annie Ruth .McCoy, and Rick Ashby are citizens of Ohio; the Reddings are black; apparently Ashby is not. The plaintiffs, inter alia, alle...
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MEMORANDUM Before the Court are cross motions for summary judgment on behalf of the respective parties. Plaintiff seeks black lung benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (Supp.1975). Plaintiff filed an initial application for benefits on May 26, 1970, but his claim was denied because he continued his usual work in the nation’s ...
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MEMORANDUM The above case was tried before the court without a jury commencing on the 13th day of October, 1975 in Amarillo, Texas with all parties and their attorneys present. After each side had presented their evidence and the .court had received and considered the arguments and briefs of counsel, this memorandum opinion is filed which shall constitute the court’s findings of fact and conclu...
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406 F. Supp. 1087 (1975) NATIONAL VAN LINES, INC., an Illinois Corporation, Plaintiff, v. ATLAS VAN LINES, INC., a Delaware Corporation, et al., Defendants. No. 74 C 3735. United States District Court, N. D. Illinois, E. D. November 3, 1975. Moriarty, Rose & Hultquist, Ltd., Chicago, Ill., for plaintiff. I. Hunce Naiman, Axelrod, Goodman, Steiner & Bazelon, Chicago, Ill., Herbert Burstein...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action is submitted to the Court for a decision following a court trial on September 25, 1975, on the merits. It *1092 was brought pursuant to 29 U.S.C. §§ 201 — 219, the Fair Labor Standards Act, and specifically under 29 U.S.C. § 216(b). Jurisdiction is conferred on the Court by 28 U.S.C. § 1337 and 29 U.S.C. § 216(b). Plain...
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OPINION This case concerns the application of 26 U.S.C.A. § 6212(a), (b)(1) (1975 Supp.) 1 *to the situation of one John E. Kennedy. 2 * Kennedy seeks to enjoin the United States from collecting or assessing taxes based on the notice of deficiency mailed January 7, 1975. A temporary restraining order was issued by this court on October 7, 1975, and it was extended by...
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MEMORANDUM OF DECISION This case requires the court to resolve the question of what effect is to be given a duly executed conciliation agreement between an employer and the Equal Employment Opportunity Commission (“EEOC” hereinafter) when certain of the provisions contained in such agreement conflict with the terms of a previously executed collective bargaining agreement between the emplo...
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■MEMORANDUM OF DECISION The defendant in this personal injury, diversity ease has moved the court for *20leave to bring in an additional plaintiff, the Liberty Mutual Insurance Company (Liberty hereinafter). In its motion and supporting brief, defendant alleges that Liberty was the workmen’s compensation carrier for plaintiff’s employer at the time of the traffic accident which is the subject of t...
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MEMORANDUM OPINION This case is before us on plaintiff Jane Doe’s motion for a preliminary injunction against enforcement of Nebraska’s statute requiring a par'ent’s consent for abortion for his or her minor child. Neb.Rev.Stat. *717 § 28-4,151 (Supp.1974). 1 A three-judge court was convened under 28 U.S.C. § 2281. Doe is an unmarried woman 17 years of age who is i...
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This is a petition for a writ of habeas corpus. 28 U.S.C. § 2254. William Lee Jackson was convicted of second degree robbery in Erie County Court, Buffalo, New York. On November 21, 1967 judgment was entered and petitioner was sentenced to a term of imprisonment of not less than seven and one-half years, nor more than fifteen years. The appellate court to which the conviction was directly appealed...
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OPINION This action for a preliminary injunction and application for a three judge court was brought on by an order to show cause. Argument was had on October 24, 1975. Plaintiff Paddington East Enterprises, Inc. alleges that it has been deprived of its rights under the first and fourteenth amendments.1 Defendants are representatives of the New York State Liquor Authority (“S.L.A.”) and the New Y...
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MEMORANDUM OPINION This is a claim for racial discrimination in, housing involving a sale of a vacant lot by defendants, Charlotte and Reno; Runck, Jr., to plaintiffs, David and Hazel Clemons, for the building of a house. This suit was brought under both the Civil Rights Act of 1866, 42 U. S.C. § 1982 (1866), 1 and the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq. (1968). ...
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OPINION In this civil proceeding the immediate matters before the Court are defendant’s Motion for Summary Judgment and plaintiff’s Motion to File Amended Complaint. The Court has afforded the parties a full and complete opportunity to be heard and to present any and all evidence, oral or documentary in nature, and has considered the briefs and arguments of counsel. The instant proceeding (Civil A...
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MEMORANDUM AND ORDER Defendants Knudsen Trucking, Inc. and Gordon J. Schemm have moved the Court for a judgment notwithstanding .the verdict and for a new trial. After carefully considering all the grounds urged by the defendants, the Court has determined that it must deny the motions. This action for personal injuries was tried in November, 1974 and resulted in a jury verdict in favor of pla...
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MEMORANDUM ORDER Seeking damages for alleged breach of a franchise agreement, and for violation of the provisions of 15 U.S.C. § 1221 and subsequent sections of said Chapter 27 entitled “Automobile Dealer Suits Against Manufacturers,” and Section 46.-1-515, and subsequent sections of Chapter 7 of the Code of Virginia, entitled “Motor Vehicle Dealers,” plaintiff instituted this action agai...
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MEMORANDUM ORDER Plaintiff, an inmate in the West Virginia Penitentiary at Moundsville, commenced this action to redress alleged deprivations of his constitutional rights arising from his transfer to the maximum security section of the penitentiary. Plaintiff seeks injunctive and monetary relief. Jurisdiction is invoked under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Plaintiff, in his p...
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MEMORANDUM OPINION I. BACKGROUND This is an action in which plaintiff, Dr. Sidney Wolfe, seeks to compel the production by the Department of Health, Education, and Welfare of the transcripts of all meetings of the Food and Drug Administration’s Over-the-Counter Antacid Drugs Advisory Review Panel (hereinafter, “the Antacid Panel”). The meetings in question took place between February...
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MEMORANDUM OF DECISION ON MOTION TO REDUCE SENTENCE This motion under Fed.R.Crim.P. 35 for reduction of an eighteen-year sentence imposed for the crime of armed bank robbery has prompted the Court to explore the relationship between the length of sentences and the duration of time served. The long sentence was imposed in view of the seriousness of the offense and the defendant’s extensive pri...
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Blockhead, Inc., a New York corporation and former distributor of wig accessories, has brought this diversity action against The Plastic Forming Company, Inc. (“PFC”), a Connecticut corporation involved in blow-molding plastic parts, for breach of warranty in the manufacture of wiglet cases. Blockhead claims that PFC, contrary to express and implied warranties, produced and shipped wiglet cases...
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ORDER The cases presently. before the court all arise from a January 4, 1975, Congressional enactment which provides that moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States ... to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States were a pri...
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MEMORANDUM DECISION The plaintiffs in this action seek to challenge the validity of regulations promulgated by the State Board of Education which, plaintiffs allege, require them to be subjected to cafeteria duty involutarily in violation of their constitutional rights. Accordingly, plaintiffs have moved this Court to convene a three-judge district court pursuant to 28 U.S.C. § 2281. Plai...
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MEMORANDUM ENTRY The plaintiffs are presently or were formerly prisoners at the United States Penitentiary at Terre Haute, Indiana, and have filed this' action purportedly as a “class” pursuant to Rule 23 of the Federal Rules of Civil Procedure seeking damages and declaratory and injunctive relief. The plaintiffs contend that certain policies and practices of the officials at the United States ...
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Plaintiffs, husband and wife, citizens of the State of Maryland, have instituted this tort action against two defendants, both corporations of, and having their respective principal places of business in, the District of Columbia. Plaintiffs allege that plaintiff husband was injured due to the negligence of defendants and that plaintiff husband individually, and the plaintiffs jointly, were dam...
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*1118 MEMORANDUM ORDER This suit began as a multifaceted constitutional attack on conditions of confinement at the Mississippi State Penitentiary (familiarly known as Parch-man) by a plaintiff class of penitentiary inmates. The United States subsequently entered the case as plaintiff-intervenor. In October 1972, we issued our initial findings and decree 1 specifying and enjoining a variety ...
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MEMORANDUM AND ORDER This matter is before the Court upon the motion of the plaintiff to compel the taking of the deposition of defendant’s accountant, Burleigh L. Coombes, and defendant, Ben F. Caloia. At his deposition, Mr. Coombes refused to testify, and asserted the aecountant/client privilege enacted pursuant to § 326.151, R.S.Mo., 1969. It is plaintiff’s contention that such a State created ...
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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. Tights, Inc. is the holder by assignment from John O. Ferrell of U. S. Pat-' ent No. 3,657,257, which relates to a specific method for fabricating pan...
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MEMORANDUM Petitioner seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2241 et seq., contending that his conviction and subsequent imprisonment for possession of cocaine and marijuana violated his Fourth Amendment and Sixth Amendment rights under the United States Constitution. The petitioner on September 14, 1974, following trial by jury, was found guilty of the felony offense of p...
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OPINION Moore attacks his conviction on a plea of guilty on a drug charge on two major *1246grounds. One is that when his plea was accepted, he was not aware of the statutory requirement for a term of mandatory special parole to follow any custodial sentence imposed. 21 U.S.C. § 841(b). The other is that this provision for mandatory special parole is unconstitutional. The proceeding is one under 2...
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Plaintiff seeks declaratory and injunctive relief 1 against the operation of R. 1:24-2 of the New Jersey Court Rules, 1969, as amended, insofar as paragraph (c) of that Rule prevents him, and those persons similarly situated 2 , from sitting for the bar examination of the State of New Jersey. 3 R. 1:24-2 provides in pertinent part: “No person shall be admitted to the bar examination unl...
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OPINION Plaintiff, a Greek seaman, brought suit under the Jones Act, 46 U.S.C. § 688 et seq., and general maritime law to recover for injuries he allegedly sustained aboard the Konkar Intrepid on July 19, 1974 while the ship was in Baltimore harbor. Defendant Konkar Intrepid Corp. (hereafter “KI”), a Liberian corporation with principal offices in Athens, owns the ship; def...
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OPINION Plaintiff has instituted this derivative action on behalf of defendant, American Express Investment Fund, which prior to April 27, 1970, was known as the Commonwealth Investment Company. The action was commenced on April 29, 1974, and alleges violations of the Investment Company Act of 1940, 15 U.S. C. § 80a-l et seq.; the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.; ...
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*299 MEMORANDUM The motion of defendants Carmen and Libardo Gill to suppress certain evidence seized on September 30, 1974 from their apartment at 580 Amsterdam Avenue in the Borough of Manhattan is hereby denied. FACTS Based upon the evidence adduced at a hearing held on October 16 and 17, 1975, the Court finds the underlying facts to be as follows. During the inv...
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OPINION AND ORDER This cause came to be heard upon the motions of the defendant to withdraw *832 his plea of guilty pursuant to Rule 32(d), Fed.R.Cr.P. and to vacate and set aside his sentence pursuant to 28 U.S.C. § 2255.. Defendant pled guilty to four counts of violating 18 U.S.C. § 922 (a)(6) and § 924(a). 1 It is evident that if the Government would have had to...
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The above-styled cases were consolidated for consideration, the earlier being an action for declaratory judgment filed by Sentry Insurance (CIY-74-351-B) and the later being a garnishment action filed by Melvin Stephens (CIV-74T512-B). There are but three genuine issues in the cases, all questions of law. First, what is the res judicata effect of a default judgment rendered in the District Court o...
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ORDER The above-named petitioner is a prisoner in the Federal Reformatory at El Reno, Oklahoma, in the Western Judicial District of Oklahoma. The United States District Court for the Northern District of Georgia treated his correspondence as a Petition for Writ of Habeas Corpus and transferred the case to this court pursuant to 28 U.S.C. § 1404(a). The court has examined the correspondence an...
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MEMORANDUM OPINION AND ORDER The plaintiff is an integrated distributor and producer of natural gas in the geographical area of Eastern Kentucky known as the Clay-Knox Field. Almost all of the gas comes from wells located within the Clay-Knox Field, most of which are owned by the plaintiff. Some are owned by independent producers— most sell their gas to the plaintiff— there are no other buyers of ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER PRELIMINARY STATEMENT The plaintiff was employed by the defendant school district as a teacher for the school years of 1969-70, 1970-71, and 1971-72. Her contract was not renewed for the school year of 1972-73. She had not obtained tenure rights pursuant to the Colorado Tenure Act, 1963 C.R.S. as amended, §§ 123-18-1 to -19. She brings this act...
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ORDER OF COURT This is an action for declaratory, injunctive, and other relief filed by Briar-cliff Haven, Inc. [Briarcliff] against the Department of Human Resources of the State of Georgia [DHR], David ' Matthews, Secretary of the Department of Health, Education and Welfare [HEW], and others, in which Briarcliff alleges two related causes of action. First, Briarcliff claims, in its orig...
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MEMORANDUM DECISION Plaintiff, City of Rockford, brought this action in the Illinois Circuit Court for the 17th Judicial Circuit, Winnebago *365County, seeking a decree of demolition of five buildings located in Rockford. Defendant, the Secretary of the Department of Housing and Urban Development (HUD), is the record owner of the buildings. Plaintiff’s complaint alleges that the buildings were fo...
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MEMORANDUM AND ORDER Defendant in this cause on a plea of guilty was sentenced on March 30, 1970, to thirty months in the custody of the Attorney General for a violation of 18 U.S.C. 922(a)(6) and 924(a). The plea of guilty was set aside, defendant was tried by a jury, and found guilty, and again sentenced to thirty months in the *1037custody of the Attorney General. The case was affirmed on appea...
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OPINION The parties are before the court on motions by plaintiff for summary judgment *518 and by defendants for total or partial summary judgment. Plaintiff seeks a permanent injunction and a declaratory judgment that certain regulations of the Federal Energy Administration, which regulations establish a “cost equalization program,” are invalid. This court has jurisdict...
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On March 1, 1973, plaintiff was convicted of violating 18 U.S.C. § 2113(b) in that he “[w]ilfully, knowingly and unlawfully did take and carry away, with intent to steal and purloin money belonging to an FDIC-Insured bank, (Ct. 1),” and he was also convicted of violating 18 U.S.C. § 2113(a) in that he “[e]ntered an FDIC-Insured bank with the intent to commit in said bank a larceny, by means of st...
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ORDER This is a civil action for damages, declaratory and injunctive relief by two inmates at the Federal Reformatory, El Reno, Oklahoma in this judicial district for alleged violations of their constitutional rights. The prisoners who were held in disciplinary segregation do not complain of a lack of procedural process resulting in their confinement but contend that the conditions of their con...
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ORDER Petitioner was found guilty by a jury verdict on August 3, 1973 of bank robbery in which the life of an employee was put in jeopardy by the use of firearms in violation of 18 U.S.C. § 2113(a) and (d). Petitioner was sentenced to the custody of the Attorney General for a period of twenty-five years pursuant to said conviction. Petitioner’s conviction was affirmed on appeal by the United State...
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OPINION AND ORDER We have before us exceptions filed by defendants Jack Rosen and Philadelphia Mortgage and Insurance Consultants (Philadelphia Mortgage), to our rulings on motions, findings of fact, and conclusions of law announced orally in court at a hearing in this case on April 1, 1975. For the reasons expressed more fully in this opinion, we deny the exceptions and readopt our prior rulings...
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OPINION This civil rights action arises out of a contested election for the post of ward leader of the Democratic party in the 42nd Ward of the city and county of Philadelphia. The plaintiff, Audrey McMenamin, alleges that defendants have deprived her of (1) associational rights secured to her by the First and Fourteenth Amendments, and (2) the equal protection of the laws under the Fourteenth Am...
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ORDER The matter before the court is defendant’s motion to quash the return of service of summons and complaint and to dismiss the instant action. This action is brought under the provisions of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. (1971), specifically for alleged violations of Section 10(b) of the Act, 15 U.S.C. § 78j (1971). The complaint alleges that defenda...
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MEMORANDUM AND ORDER The Court on its own motion raised the question of whether there existed diversity citizenship between the two *1368 corporations in this lawsuit. A corporation is considered a citizen of the state of its incorporation and a citizen of the state where it has its principal place of business. 28 U.S.C. § 1332(c). It was clear to this Court that Defendant Du...
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MEMORANDUM AND ORDER Petitioner was convicted of the' offense of murder with malice in the 10th *658Judicial District Court of Galveston County, Texas, in Cause No. 31,615, after a plea of not guilty and a trial by jury. A sentence of life imprisonment was imposed. As far as can be ascertained from the record, the state trial court made no determination of petitioner’s competency to stand trial. I...
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*477 MEMORANDUM Plaintiff, a white applicant for the position of “landfill operator” for the Surry County landfill project, brings this action alleging that the defendants racially discriminated against him in hiring a “less qualified” black applicant for the job. Plaintiff seeks compensatory and punitive damages along with costs and attorney’s fees. There appears no demand that ...
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OPINION JOHN E. MILLER, Senior District Judge. Plaintiffs’ complaint was filed February 15,1975, in which they prayed: “(a) For a temporary Writ of Injunction to restrain the defendants, Thomas Edward Oliver, Van B. Taylor, Judge, and Jeptha A. Evans, and each of them jointly and severally from furtherance of the acts herein-above complained of and mandating their restoration of Bobby Allen...
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MEMORANDUM OF OPINION This case came before the Court on plaintiffs’ and defendants’ motions for partial summary judgment. Plaintiffs, a number of individual citizens of the City and County of San Francisco, challenge the constitutionality of the grand juries empaneled by the defendant judges of the Superior Court of San Francisco. 1 At an earlier stage in this litigation, this...
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MEMORANDUM OF DECISION ON PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION The plaintiffs in this action are the City of Hartford, Connecticut; several City officials; and a class consisting of low-income and minority residents of the City of Hartford who presently live in inadequate, deteriorating or prohibitively expensive housing. 1 On August 11, 1975 they filed a complaint, ...
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MEMORANDUM AND ORDER The defendant is currently awaiting trial on a one count indictment for knowingly possessing with intent to distribute, and distributing, cocaine. He now seeks an order pursuant to Fed.R. Crim.P. 16(b) requiring the Government to furnish a sample of the substance which was allegedly found in his possession at the time of his arrest in order to have a chemical analysis perfo...
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MEMORANDUM AND ORDER Neal has sued for refund of income taxes improperly and wrongfully collected and retained. Defendant has moved to dismiss for lack of jurisdiction, based on 26 U.S.C. § 7422, asserting that the administrative claim for refund lacks a sufficient showing of the basis, as required by Treas.Reg. 301.6402-2(b)(1). The circumstances shown are these: during 1973, income tax was ...
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OPINION AND ORDER On October 20, 1975, this Court signed an order directing the defendant, United Technologies Corporation (“United”), to show cause why a preliminary injunction should not issue against the furtherance of United’s October 15, 1975 cash tender offer for not less than 2.5 and up to 4.5 million shares of the common stock of plaintiff Otis Elevator Company (“Otis”). The motion...
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The defendants move for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment. The complaint, filed on February 13, 1974, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343, alleges violations of the Civil Rights Act. The facts are not in dispute. The plaintiff was arrested by the Hempstead Police Department on July 17, 1973 as a suspect, regarding an alle...
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MEMORANDUM AND ORDER The Crane Co. (hereinafter “Crane”) has requested an order to show cause why a temporary restraining order and a preliminary injunction should not issue in connection with the continuing saga of Crane’s attempt to exchange its subordinated debentures for 22.7 per cent stock in The Anaconda Company. When Crane announced its intention to register the subordinated debentures...
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Defendant Federal Railroad Administration (“FRA”) moves to dismiss this action pursuant to Rule 12(b)(1) and (6), Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted. Plaintiff Raymond T. Schuler, Commissioner of Transportation of the State of New York (“Schuler”) challenges orders of the FRA issued in response to a block signal application filed by the Erie Lackawanna Railwa...
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MEMORANDUM and ORDER In a two count indictment the United States charged defendants Frank Joseph Rosa, Joseph Sica and Vincent Mannella with violations of the federal conspiracy statute, 18 U.S.C. § 371 (Count 1) and the Hobbs Act, 18 U.S.C. § 1951 (Count 2). The conspiracy count was dismissed on motion of defendants during presentation of the government’s case. Trial proceeded under the ...
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OPINION This action for patent infringement under Title 35, United States Code is presently before the Court on a question of jurisdiction. Defendant Stora Kopparbergs Bergs-lags AB (Stora-Sweden), a Swedish corporation maintaining no established place of business in Pennsylvania and not registered to do business in the state, has moved under Rule 12 of the Federal Rules of Civil Pro...
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OPINION THE CAUSE PARTIES: The above-named corporate plaintiffs (hereinafter collectively and severally referred to as Plaintiffs) are independent competitive manufacturers and national marketeers of five nationally known brands of margarine. The Washington State Department of Agriculture is an agency of the State of Washington and the individually named defendant, and any successor in of...
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ORDER On September 4, 1975, a duly constituted grand jury in this district returned an indictment against 22 separate individuals, all of whom were charged therein with violations of 18 U. S.C. § 371 and 18 U.S.C. § 1955, and 8 of whom were additionally charged therein with violations of 18 U.S.C. § 1952(a)(3). The indictment was docketed in this court as styled above. Apparently a significan...
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MEMORANDUM OF OPINION Plaintiff, a prisoner in state custody at the Correctional Training Facility, Soledad, California, filed this civil rights complaint under 42 U.S.C. § 1983 on December 20, 1973, alleging a variety *770 of claims based on his treatment while in confinement. The Court, by orders dated January 23, 1974, and March 9, 1974, dismissed certain of these claims and ordered servic...
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MEMORANDUM AND ORDER Stipulated Facts and Findings of Fact 1. This is an action for damages resulting from the ground collision of two aircraft taxiing at Chicago-O’Hare Airport at Chicago, Illinois, on May 8, 1969, involving an FH-227 aircraft owned and operated by Ozark Air Lines, Inc. and a DC-8-61 aircraft leased and operated by Delta Air Lines, Inc. 2. The above-entitled case was filed by O...
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MEMORANDUM OPINION AND ORDER This case is before the Court on defendant City of Chicago’s motion to dismiss. Plaintiff is suing the City of Chicago (the City) and certain city police officers for alleged violations of his constitutional rights against false arrest and false imprisonment. The City advances two theories in support of its motion: (1) the Court lacks subject matter jurisdiction; (2...
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MEMORANDUM OPINION Petitioner, Edward Randle, was sentenced by this Court on May 31, 1972 to an eight-year term under 18 U.S.C. § 4208(a)(2) following his conviction under 21 U.S.C. § 841(a) on two counts of distributing narcotics. Earlier we dismissed, based on lack of jurisdiction, a petition for a writ of habeas corpus in which petitioner contended that he was entitled to parole, since he ha...
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MEMORANDUM AND ORDER This proceeding was instituted by plaintiff against the Secretary of Health, Education and Welfare as authorized by Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for the purpose of obtaining judicial review of a final decision of the Secretary denying her application for disability insurance benefits under 42 U.S.C. §§ 416(i), 423. Both parties in this acti...
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MEMORANDUM AND ORDER Petitioner was convicted of armed robbery and kidnapping in the Criminal Court of Baltimore City on May 3, 1957, and was sentenced to consecutive prison terms of twenty and fifteen years, respectively. This judgment of conviction was reversed by the Maryland Court of Appeals and a new trial was ordered. Midgett v. State, 216 Md. 26, 139 A.2d 209 (1958). Midgett was retried and...
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MEMORANDUM OPINION AND ORDER On April 4, 1975, the Ohio Edison Company instituted these proceedings against the City of Hubbard, Ohio, seeking to recover the sum of $60,699.32 alleged to be owed to it for electricity supplied to defendant. Plaintiff also seeks a permanent injunction requiring the defendant municipality to make full payments in the future. The amount due plaintiff represents part o...
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OPINION Before us is defendants’ motion in the alternative either for dismissal of plaintiffs’ complaint or for summary judgment. Plaintiffs, two federal prison inmates, sued defendants, the Chairman and the Regional Director of the United States Board of Parole, after it was discovered that the tape recordings of the plaintiffs’ respective parole hearings were defective and inaudible. Suit was...
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ORDER On September 18, 1975, codefendant Municipio de San Juan filed, accompanied by the required brief, a motion requesting partial summary judgment in its favor limiting its responsibility in the present case to a compensation not to exceed the total sum of $15,000.00 per cause of action and not to exceed the total sum of $30,000.00 as total compensation for plaintiffs in the event that the muni...
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ORDER This is a civil action for monetary and injunctive relief. Plaintiff has been granted leave to proceed in forma pauper-is. Jurisdiction is present. 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3). The pro se complaint alleges that plaintiff is presently incarcerated at the Wisconsin State Prison, Waupun, Wisconsin; that prior to his confinement he was a professional musician; that playing guitar is...
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OPINION On the morning of September 5, 1975, Gerald R. Ford, President of the United States, departed the Senator Hotel in downtown Sacramento and commenced a short walk across Capitol Park to the State Capitol for a scheduled meeting with the Governor of California. As he walked through the park, the President was greeted by numerous citizens and paused occasionally to shake hands. During one ...
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*958 MEMORANDUM OF DECISION This action, seeking to enjoin the contemplated merger of the defendants, Amax, Inc. and the Copper Range Company, was filed by the United States of America on August 25, 1975. Jurisdiction exists pursuant to § 15 of the Clayton Act, 15 U.S.C. § 25. After a pre-trial conference, held on September 2, 1975, the defendants voluntarily agreed to postp...
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MEMORANDUM DECISION Petitioner, Harold Longstreet, who is represented by the Public Defender of Cook County, Illinois, seeks habeas corpus relief from an Illinois armed robbery conviction. 28 U.S.C. §§ 2241, 2254. Petitioner is presently incarcerated at the Stateville Branch of the Illinois State Penitentiary as a result of his conviction which followed a jury trial and was affirmed on appeal by t...
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This is an action filed pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (1970), wherein the plaintiff, Mr. John Chester, seeks review of the final decision of the Secretary of Health, Education & Welfare denying his claim for disability benefits. Both plaintiff and defendant have moved for summary judgment. Plaintiff has moved alternatively for remand to the Secretary ...
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DECISION AND ORDER This matter comes before the Court on the motion of the defendant Dominique Orsini, by his attorney Murray Cutler, Esq., to dismiss the indictment filed against the defendant “in the interest of justice.” The Defendant alleges “that he was unlawfully kidnapped, beaten and drugged by Agents of the United States Government in Dekar, Senegal and brought to the United States. Tha...
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MEMORANDUM AND ORDER On May 30, 1975, Bankruptcy Judge Goldhaber entered an Order in this Chapter XI proceeding ruling that certain financing and continuation statements filed by the First National Bank of Boston (Bank) created and maintained a perfected status for Bank’s present security interest in accounts receivable and other assets of the Debtor, Gilchrist Company, as recited in the ...
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*613 MEMORANDUM OPINION I. PREFACE On July 28, 1972, plaintiff Texas Urethane, Inc. (hereinafter called Urethane) filed its Original Petition in the 122nd Judicial District Court of Galveston County, Texas. The Original Petition named as defendants Seacrest Marine Corp. (hereinafter called Seacrest) and Union Carbide Corp. (hereinafter called Carbide). Plaintiff complained t...
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MEMORANDUM Plaintiff, Burroughs Corporation, brings this action under 5 U.S.C. § 552 and 18 U.S.C. § 1905 to enjoin threatened disclosure of certain information submitted by Burroughs in connection with an unsuccessful bid on a contract (Solicitation N-66032-74-0007) with the United States Department of the Navy Automatic Data Processing Equipment Selection Office (ADPESO). The informatio...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action challenging the final decision of the Secretary of Health, Education and Welfare denying her husband’s claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) o...
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Virginia’s statute making sodomy a crime is unconstitutional, each of the male plaintiffs aver, when it is applied to his active and regular homosexual relations with another adult male, consensually and in private1 They assert that local State officers threaten them with prosecution for violation of this law, that such enforcement would deny them their Fifth and Fourteenth Amendments’ assurance ...
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MEMORANDUM OPINION AND ORDER On August 21st of this year, petitioner applied to this Court to review a decision of the Government Employees’ Service Commission which resulted in her dismissal from the Department of Public Safety. Alleging that various procedural irregularities had occurred both prior to and during the course of the hearing conducted on March 18, 1975, petitioner invoked this Court...
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ORDER OF DISMISSAL This is a wrongful death action brought against the Government by the widow of a man who was killed while sailing a catamaran pleasure boat on the Colorado River. The 28 foot aluminum mast of the vessel struck a low-hanging power line strung across the river by the Bureau of Indian Affairs and the decedent was either electrocuted or drowned. The complaint contains one claim a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION On August 26, 1975, the Securities and Exchange Commission filed an application for an order to show cause why VTR, Inc. (VTR) and David E. Jordan, VTR’s president, should not be held in civil contempt of the Final Judgment of Permanent Injunction that was entered in this case by this Court on April 19, 1973. With the applicati...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT’S ALTERNATIVE MOTION TO DISMISS This case has been submitted on cross-motions for summary judgment under Fed.R.Civ.P. 56 and the defendant’s alternative motion to dismiss pursuant to Fed.R.Civ.P. 12. The facts have been stipulated, and the Government has filed the Coast Guard’s administrative record at the Court’s request. 1...
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ORDER Plaintiffs, W. L. Dobbs, Mayor, and the City of Covington, Georgia, bring this sewage treatment works reimbursement action arising under the Federal Water Pollution Control Act Amendments of 1972 (the “Act”), 33 U.S.C. § 1251 et seq. This action was filed as a result of the refusal of defendants, Russell E. Train, Administrator, and Jack E. Ravan, Regional Administrator, ...
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MEMORANDUM OF DECISION This cause of action was instituted by a petition for habeas corpus filed pursuant to 28 U.S.C. Section 2254. The cause was originally dismissed by an opinion of this Court on the basis of failure to exhaust state remedies and waiver of the issues presented by failure of the petitioner to raise those issues in the state courts. The dismissal of the petition was reversed b...
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MEMORANDUM AND ORDER Plaintiff, Water Gremlin, brings this action alleging trademark infringement, unfair competition, and false marking, and upon agreement of the parties, the case has been submitted to the court for decision without oral testimony or oral argument. The court has jurisdiction. 15 U.S.C. § 1121, 28 U.S.C. § 1338(a), (b). A preliminary injunction was denied on January 28, ...
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ORDER This case involves a New Mexico adjudication of water rights to which the United States was joined as a defendant to establish its claims on behalf of various federal agencies and as trustee over Indian lands using or claiming water of the San Juan River. The United States removed the case here and the plaintiff moved to remand the action to the District Court for San Juan Count...
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MEMORANDUM AND ORDER Both parties have moved for summary judgment pursuant to FRCP 56; the plaintiff on the ground that there is no genuine issue of any material fact and that he is entitled to judgment as a matter of law, and the defendants on the ground that plaintiff’s complaint is barred by the Statute of Limitations and by res judicata and/or collateral estoppel. Jurisdiction is...
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MEMORANDUM AND ORDER Defendant, National Bank of North America (“NBNA” or the “Bank”), has moved to dismiss the complaint pursuant to Rules 9(b), 12(b) and (6) and 56(b) of the Federal Rules of Civil Procedure, on the grounds that the complaint fails to state a claim upon which relief can be granted; more particularly, that Section 17 (a) of the Securities Act of 1933, 15 U.S.C. § 77q(a),...
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OPINION INTRODUCTION For whatever reasons, great interest rarely descends upon the fields of combat — the nation’s courtrooms — when domestic corporations seek to resolve their differences. Aided by an interested public and the presence of a foreign combatant the present day’s continuing saga of corporate warfare has brought before this Court what might appropriately be termed an epi...
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OPINION AND ORDER In this diversity action, the plaintiff, American Mutual Liability Insurance Company (American), sues the defendant, Bollinger Corporation (Bollinger), for unpaid premiums on two issued insurance policies covering certain risks of Bollinger and its four closely connected corporations. The amount prayed for in the complaint is $20,562.60 which was amended to $20,486.60. P...
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MEMORANDUM DECISION This case is before the court on a motion for summary judgment filed on behalf of the defendants, George S. Love-joy, Director of Memphis and Shelby County Health Department, James W. Moore, County Commissioner of Health and County Commissioner of Shelby County, Tennessee, E. Lee Hyden, County Commissioner of Shelby County, Tennessee, John Wayne Bradford, Director of Personn...
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MEMORANDUM ON REMAND These proceedings were initiated by the complaint filed in Civil Action No. 1557-73 on July 31, 1973. After extensive discovery and pretrial motions these consolidated matters were heard on plaintiffs’ motions for summary judgment and a cross-motion by defendants to dismiss both actions. The Court filed a Memorandum Opinion and Order on March 15, 1974 (372 F.Supp. 119...
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This civil action challenges on constitutional grounds certain disclosure and filing requirements of the 1974 District of Columbia Campaign Finance Reform and Conflict of Interest Act, Pub.L. 93-376, 88 Stat. 446, recently enacted to regulate political campaign finance practices during local elections in the District of Columbia. The Act requires, among other things, public disclosure both of name...
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ORDER AND OPINION Before SIMPSON, Circuit Judge, and SCOTT and REED, District Judges. In this case, plaintiff Ellwest Stereo Theatres, Inc., challenges the constitutionality of Florida Obscenity Statutes Section 847.011, 1 alleging that utilization of this statute in civil and criminal prosecutions abridges rights secured to plaintiff by the First, Fifth and Fourteenth Amendments to the Uni...
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COURT’S RULING ON DEFENDANT’S MOTION TO DISMISS This cause is submitted on a motion to dismiss for lack of proper venue, filed by the defendant, Travelers Indemnity Company. The Court’s jurisdiction is based on 28 U.S.C. § 1332. The plaintiff, St. Paul Fire and Marine Insurance Company, seeks to recover as a claimant under a payment bond issued by the defendant. On September 9, 1975, after a he...
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OPINION This is a civil action in which plaintiff seeks declaratory and injunctive relief against the United States, the Secretary of the Army, and the Commanding Officer, Fort Devens, Massachusetts. Jurisdiction of this court is invoked under 28 U.S.C.A. § 2201 for a cause of action alleged to arise under 10 U.S.C.A. § 3258. The matter came before the Court upon defendants’ motion to dismiss or i...
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MEMORANDUM This matter is before the court upon defendant’s motion to dismiss the complaint pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Plaintiff Louis Longo, a former employee of the defendant, has brought this action under Title VII of the Civil Rights Act of 1964 (“the Act”), 42 U.S. C. § 2000e et seq. ...
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OPINION The defendant, Automobile Club of Southern California, was served with a copy of the summons and complaint herein in Los Angeles, California, and moves to dismiss this suit for absence of personal jurisdiction over it by this Court pursuant to Rule 12(b)(2), (3), Fed.R.Civ.P., or in the alternative, for an order pursuant to 28 U.S.C. § 1404(a) transferring this action to the Unite...
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MEMORANDUM AND ORDER Plaintiff, the H. W. Wilson Company, has produced, from 1900 until the present, a publication entitled The Readers’ Guide to Periodical Literature (hereinafter referred to as Readers’ Guide). From 1900 through February, 1970, plaintiff did not place a copyright notice on any of its Readers’ Guide publications. The Readers’ Guide for that period includes 29 ...
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The above-styled case was heard by the Court without a jury and taken under submission on the 16th day of September 1975. Having considered the testimony, stipulations and arguments of counsel, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. This action was brought by the plaintiffs, John Flair, Sr., John Flair, Jr., and William Flair, Sr., under 42 ...
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ORDER GRANTING DEFENDANT’S . MOTION TO DISMISS Plaintiff brings this action seeking injunctive as well as monetary relief under 42 U.S.C. § 2000e et seq. for alleged violations of her civil rights caused by defendant terminating plaintiff from its employ. Prior to January 1975 plaintiff was employed by defendant as a hemodialysis technician. During the last week in January plaintiff informe...
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MEMORANDUM OPINION This matter concerns the legal responsibility and obligation of an attorney engaged in corporate and securities practice and his liability under the federal securities laws. The Securities and Exchange Commission (Commission or SEC) charges that the defendant Robert A. Katz, an attorney, violated and aided and abetted in the violation of the anti-fraud 1 and ...
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MEMORANDUM AND ORDER Plaintiffs have brought this action contesting recently promulgated regulations which permit the hunting of certain migratory waterfowl, specifically the greater snow goose, the Atlantic brant, the merganser, and the goldeneye duck. 1 They allege violations by the federal defendants of the National Environmental Policy Act of 1969, the Administrative Procedure Act, the Mi...
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OPINION In its amended complaint filed September 13, 1975 Emhart Corporation seeks a temporary injunction pursuant to Sections 14(d) and 14(e) of the Securities and Exchange Act of 1934, as amended, 15 U.S.C. § 78n(d) and (e) and the rules and regulations of the Securities and Exchange Commission, and Section 1651 of the Judicial Code, 28 U. S.C. § 1651. With respect to the statutory cause of...
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MEMORANDUM OPINION Joseph Rendzio was denied Medicare benefits for the period of April 15, 1972 through May 27, 1972, during which he was an inpatient at the Medicenter in Southfield, Michigan, on the ground that the services provided during that period were mere “custodial care” and therefore excluded from coverage by 42 U.S. C. § 1395y(a)(9) (1974). The issue here is whether the Secretary’s...
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MEMORANDUM OF DECISION This action is before the court on defendants’ motion to dismiss which has been submitted for decision on the pleadings, affidavits, and memoranda and argument of counsel. The district courts are reluctant to sustain a motion to dismiss on the pleadings. This reluctance has. been created by the universal acceptance by the bench arid bar of the rule enunciated by the Sup...
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Raymond Fontaine filed a voluntary petition in bankruptcy on January 7, 1975. Thereafter plaintiff, Beneficial Finance Co. of New York, Inc., commenced this action pursuant to Section 17(a)(2) of the Bankruptcy Act, 11 U. S.C. § 35(a)(2), for a determination that the $2,400 debt of the bankrupt, Fontaine, to plaintiff is not discharge-able because credit was extended in reliance upon an intentiona...
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OPINION On March 28, 1974, plaintiff filed a summons and complaint naming in the caption the above-named defendant ship owner and the ship “Maria Costa” and misstating in the body of the complaint that the name of the ship was the “ITKONIS”. Thereafter, when the agent for the designated ship owner claimed that he was not authorized to accept service on the ground that the stated ship did not belo...
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Plaintiff Donald M. Kinsella, a tenured school teacher employed by defendant school district, originally brought suit to declare § 3020-a of the New York Education Law unconstitutional. That section outlines the procedures to be followed in a dismissal hearing. In a decision dated February 19, 1974, a three-judge district court held § 3020-a unconstitutional because it did not require the decisio...
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Jaime Aviles moves pursuant to 28 U.S.C. § 2255 to vacate a plea of guilty entered before this Court on February 15, 1973. The basis for his motion is that decisions of the Second Circuit handed down subsequent to his plea and retroactively applied, permit him to claim an infirmity in his plea due to the failure of the Court to advise him of special parole. I The Factual Background Avil...
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MEMORANDUM AND ORDER Plaintiff (“Tubeco”) brought this action pursuant to 28 U.S.C. §§ 2201, 2202, seeking a declaratory judgment which would determine that defendants’ Patent No. 3,456,468 (1) is invalid, unenforceable, and not infringed by Tubeco or its customers, (2) has been used in unfair competition with Tubeco, and (3) has been used as a false description or representation, and a f...
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*622 MEMORANDUM Plaintiffs bring this action alleging jurisdiction under 42 U.S.C. § 3610. The undisputed facts are that the alleged discriminatory action took place in April of 1974. Within 180 days thereafter a complaint was filed with the Secretary of Housing and Urban Development. 1 The Secretary was unable to obtain voluntary compliance within 30 days after the co...
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OPINION and JUDGMENT Wayne Strader, an inmate at State Road Camp # 12, Charlottesville, Virginia, has filed this pro se petition for a writ of habeas corpus. Petitioner challenges both the fact of his confinement and the conditions of confinement at Danville City Prison Farm, where he was previously interred. Since petitioner proceeds pro se we are obliged to construe his petition liberally...
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MEMORANDUM ORDER This personal injury action, based on diversity jurisdiction, arises out of an automobile accident at the intersection of U.S. Routes 50 and 18, within this judicial district on October 11, 1972. Plaintiffs are residents and citizens of the State of Ohio, and defendant is a resident and citizen of the State of West Virginia. An action filed by plaintiffs in the United States Dist...
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MEMORANDUM OPINION The Federal Deposit Insurance Corporation (“FDIC”), as Receiver of the American City Bank & Trust Company, N.A., a National Banking Association, (“ACB”), has petitioned this Court for an ex parte order authorizing the sale of assets, transfer of liabilities, and transfer of trust powers of ACB to another banking association. Such an arrangement is commonly known as a pu...
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OPINION This action, one of the last to be heard by a three-judge court required by 28 U.S.C. § 2325, 1 seeks to permanently suspend, enjoin, annul and set aside a decision and order of Division 3 of the Interstate Commerce Commission which granted authority to Smithsons Holdings Limited (Smithsons), a subsidiary of Canadian Pacific Limited (Canadian Pacific), for acquisition o...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW Eastern Air Lines, Inc., hereafter Eastern, and Gulf Oil Corporation, hereafter Gulf, have enjoyed a mutually advantageous business relationship involving the sale and purchase of aviation fuel for several decades. This controversy involves the threatened disruption of that historic relationship and the attempt, by Eastern, to enfo...
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ORDER This cause came on for a hearing on 15 October 1975 on the defendant’s Motion for Summary Judgment. The Amended Complaint charged the defendant with liability on two theories of law. The first was that the defendant breached a warranty that the 1971 Fiat automobile in question was, “. . . reasonably fit for its intended use as a passenger automobile equipped with crashworthy seat backs ...
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The only question left open by the ruling of August 6, 1975 was whether the stakeholder should be obliged to pay into court not only the stake (which it has) but also interest thereon. On review of the further submissions, the court concludes that interest should be paid. The insured died September 20, 1974. One claim was received on October 7 and another on October 8, 1974. One claimant sued in s...
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OPINION PRELIMINARY Presented is the issue of arbitrability of a certain dispute between the parties. For the reasons hereinafter set forth, I find in favor of the petitioner and grant its motion to compel arbitration. The cross motion of the respondent is denied. PRIOR PROCEEDINGS On May 6, 1975 the Singer Company (Singer) commenced this diversity action, 28 U.S.C. § 1332, proceeding under the U...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Defendant seeks dismissal of the above-entitled cause. The Court, having thoroughly considered the points and authorities submitted by both parties, finds that the defendant’s motion for dismissal should be granted. This action was brought by the United States to enjoin the Oregon State Bar from further publication, distribution or suggestion of a ...
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MEMORANDUM AND ORDER NO. 2049 On February 28, 1975, Congress enacted the Regional Rail Reorganization Act Amendments of 1975, P.L. 94-5, “to provide emergency financial assistance to bankrupt rail carriers in the Northeast and Midwest in order to continue essential rail services.” See Report of the House Committee on Interstate and Foreign Commerce, February 10, 1975, p. 3. Section 605 of the amen...
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OPINION AND ORDER This action arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674. Plaintiff, Alice Jean Chester, Executrix of the Estate of William Chester, deceased, is a citizen of Pennsylvania and a resident of Pittsburgh. At all times relevant hereto, the defendant, through the Veteran’s Administration, operated the Oakland Veteran’s Administration Hospital in Pittsb...
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*63MEMORANDUM This is an action brought by the Equal Employment Opportunity Commission under the provisions of Title 7, 42 U.S.C. § 2000e. The EEOC charges that Allied Chemical Corporation provides a shorter leave period with disability allowance for pregnancy disabilities than it does for other disabilities, and that this amounts to sex discrimination. Industrial Workers Local 101 is the bargaini...
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OPINION AND JUDGMENT James Francis Neeley was convicted by a jury in this Court on July 13, 1972 of two separate offenses of bank robbery. This Court pronounced judgment to be fifteen (15) years for each offense, sentences to run concurrently and to be served in the federal prison in Atlanta, Georgia. Petitioner appealed this verdict directly to the Fourth Circuit Court of Appeals alleging that...
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MEMORANDUM OF OPINION Plaintiffs have brought this action to invalidate a trustee’s deed of sale conveying title to a certain parcel of land located within Humboldt County, California, to defendants Paul M. and Hope E. Smith, and have invoked jurisdiction under 28 U.S.C. § 1331. They allege that defendants Smith purchased the land at a foreclosure sale held by defendant Humboldt Land Titl...
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ORDER This action, styled by petitioner as United States v. Wynn, has been brought to correct his federal sentence imposed by this court on July 31, 1973, as amended, June 27, 1974. Petitioner’s conviction was affirmed on appeal. United States v. Wynn, 493 F.2d 19 (5th Cir. 1974). Petitioner has brought this action under Rule 35, Fed.R.Crim.P.; however, he implicitly concedes that since the...
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MEMORANDUM AND ORDER This matter comes before the Court pursuant to a petition for habeas corpus relief filed on behalf of Tommy Allen McKay. McKay contends that he was twice put in jeopardy in violation of the United States Constitution when the State of Kansas tried him for the same offense on two separate occasions. He was convicted on the second trial and now seeks release from that convict...
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OPINION Plaintiff alleges that the defendants are planning to construct a four-lane east-west limited access highway from the Connecticut River to the Merrimack River in contravention of various federal environmental statutes. 1 National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA); the Intergovernmental Cooperation Act of 1968, as amended, 42 U....
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MEMORANDUM DECISION Plaintiff American Board of Trade, Inc. (ABT), has brought an action against the Chairman of the Commodity Futures Trading Commission (CFTC), several of its employees and the United States Department of Agriculture by complaint filed on August 26, 1975. The complaint prays for (1) an order enjoining the defendants from interfering with his (sic) business and dealing with him...
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MEMORANDUM This matter is brought before the Court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, the plaintiff’s motion is granted and the defendants’ motion is denied. This is an action for declaratory and injunctive relief. Plaintiff Annick M. Berns (“Berns”) alleges a deprivation of her fourteenth amendment righ...
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MEMORANDUM DECISION Plaintiffs have brought an action against defendants under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq,, Pub. L.No. 91-190, § 2 (Jan. 1, 1970) and the Housing and Community Development Act of 1974 (HCDA), 42 U.S.C. § 5301 et seq., Pub.L.No. 93-383, § 101 (Aug. 22, 1974). They seek a declaration that defendants, officials of the City of...
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AMENDED OPINION These are consolidated actions in which plaintiff charges the defendant with infringement of patents on automatic tool changers important to automation in the machine tool industry. In such actions the defendant in its amended answer asserts the defense of collateral estoppel and in a counterclaim charges plaintiff with antitrust violations and seeks declaratory judgment t...
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OPINION AND ORDER This case arises under the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1)1 which added to § 6 of the Fair Labor *502Standards Act of 1938 the principle of equal pay for equal work regardless of sex. It is our opinion that the action should be dismissed because the wage differential between three male barbers licensed by the Commonwealth of Pennsylvania, and three female beauticians...
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MEMORANDUM AND ORDER Plaintiff brought this action in the Court of Common Pleas of Philadelphia County, seeking injunctive relief and damages by reason of the defendant’s having published in its Federal Supplement an opinion of a United States district judge containing allegedly false and defamatory references to the plaintiff. The action was removed to this Court, and the defendant has f...
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MEMORANDUM AND ORDER This case involves claims by plaintiffs and the class they purportedly represent for money damages and injunctive and declaratory relief against some thirty present and former officials of the United States government for allegedly participating in and/or concealing a twenty-year program of opening first-class mail particularly to and from the Soviet Union. Plaintiffs...
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MEMORANDUM OF OPINION Plaintiffs, five individuals, filed this class action against Safeway Stores, Inc. (“Safeway”); Retail Clerks’ International Association, Retail Clerks’ Union, Local 870, AFL-CIO; Retail Clerks' Union, Local 1179, AFL-CIO; and four officials of the federal government alleging inter alia 1 that Safeway has vio *873 lated Executive Orders 11246 and 11375 2 by fai...
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ORDER OF DISMISSAL Petitioner, a prisoner in state custody at the Correctional Training Facility, Soledad, California, filed this petition for a writ of habeas corpus setting forth two grounds for relief: (1) various allegedly unconstitutional conditions of his confinement and (2) the allegedly unconstitutional refusal of the California Adult Authority to grant him parole. By order dated April 25...
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MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW These matters come before the court on plaintiffs’ motions for a preliminary injunction making conditional the payment of oil import license fees pending final judicial determination of the legality of the license fee program. Upon consideration of the pleadings and memoranda submitted by plaintiffs, the defendants’ opposition thereto, and t...
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ORDER This 42 U.S.C. § 1983 class action seeks declaratory and injunctive relief with respect to certain faculty contracts of employment with the Board of Regents of the University System of Georgia for the 1975-76 academic year and legislation repealing appropriated pay raises passed by the Georgia General Assembly. The action was filed by the Georgia Conference of the American Association of ...
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MEMORANDUM ENTRY For purposes of the Court’s dismissal of this action, the relevant facts as hereinbelow stated are not in dispute. The plaintiff Leslie D. Igleheart, Jr., was a beneficiary of two trusts established under the Last Will and Testament of John Giltner Igleheart, plaintiff’s deceased grandfather. One of such trusts was created under Item 19 of said Will and named defendant Merchants N...
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Defendant Illinois Central Railroad moves for a new trial and/or amendment of Findings of Fact and Conclusions of Law on the issue of punitive damages in this case, brought under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-5(g), and 42 U.S.C. § 1981. This Court has previously awarded plaintiffs $50,000 in punitive damages. We now confirm that decision for the reasons set out below...
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OPINION Trans World Airlines’ petition for a permanent stay of arbitration under the New York Civil Practice Law and Rules §§ 7502, 7503 and for a declaratory judgment is hereby granted. JURISDICTION Jurisdiction in this case is founded upon diversity of citizenship and the Railway Labor Act (RLA), 45 U.S.C. § 151-188. FACTS The Court finds and the parties have, for th...
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MEMORANDUM AND ORDER The motion of Whiting Corporation for summary judgment requires us to consider the application of Pennsylvania’s statutes of limitations in products liability cases. The amended complaint alleges breach of warranty in the sale of a railroad “trackmobile,” a machine employed to draw boxcars along industrial sidings. 1 Defendant Whiting Corporation sold the t...
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MEMORANDUM OPINION The plaintiffs moved the Court to allow them to have their expert witness present to assist their counsel during the taking of the deposition on oral examination for purposes of discovery of the expert witness of the defendants in the same field. The defendants objected thereto. The plaintiffs maintain that a decision on their motion addresses itself to the discretion of the Cou...
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ORDER DENYING DEFENDANT’S MOTION FOR NEW TRIAL There is now pending before this Court Defendants’ Motion for New Trial. Defendants’ first three contentions of error concern the size of the verdict — that it is (1) excessive, (2) *784 against the weight of the evidence, and (3) unreasonable and unconscionable in light of the evidence presented in the case. [The jury returned a verdict for Pl...
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MEMORANDUM ORDER Elbert Zirkle commenced this action for judicial review of the final decision of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) and (h) of ...
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MEMORANDUM ORDER This is an action for judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) and (h) of the Social Se...
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MEMORANDUM ORDER This is an action for judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as the widow of a miner for “black lung” benefits under the provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorpo...
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MEMORANDUM ORDER Clem R. Rine, Executor of the estate of Minnie F. Robinson, deceased, brings action under § 1869(b) of the Social Security Act, 42 U.S.C. § 1395ff(b), for review of the final decision of the Secretary of Health, Education, and Welfare denying the payment of hospital insurance benefits on behalf of plaintiff’s decedent for services rendered to her at the Peterson Place Division,...
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MEMORANDUM ORDER This is an action for judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for. “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of *1150 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413 (b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) and (h) o...
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MEMORANDUM ORDER This is an action brought to obtain judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which...
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MEMORANDUM ORDER Plaintiff, Allen A. Tusing, instituted this action for judicial review of a final decision of the Secretary of Health, Education, and Welfare denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.1 Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates the provisions o...
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MEMORANDUM OPINION AND ORDER The above entitled action is before the Court on the defendants’ Motion To Dismiss, Or In The Alternative, For Summary Judgment, to which plaintiff filed an opposition and which was the subject of oral argument before the Court. FACTS Plaintiff is a black, female, GS-5 payroll clerk for the Payroll Section, Accounting Operations Division, Office of Financial Sys...
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MEMORANDUM OF DECISION This is a tax refund suit involving the complex reorganization provisions of the Internal Revenue Code. The plaintiff seeks over $4.4 million dollars, plus interest, which it claims to have overpaid in taxes. A review of the background of this case will make this claim more understandable. The parties have stipulated to most (and disagree as to none) of the material...
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OPINION AND ORDER Findings of Fact and Conclusions of Law This suit in admiralty is brought by Georgia Ports Authority to recover damages to its LASH mooring facility located near the mouth of the Savannah River as a result of alleged negligence in the docking of the vessel “Bilderdyk” on May 27, 1973. 1 Plaintiff claims that the collision (allision is the technical ...
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ORDER This is an action instituted by petitioners Harve D. and Pat J. Mason for the return of certain records and accounts which Mr. Mason had theretofore voluntarily loaned to a Special Agent of the Intelligence Division of the Internal Revenue Service, Ralph J. Pulliam. Action in this case was stayed pending a ruling by the Fifth Circuit Court of Appeals in the case of Richey v. Smith. This...
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MEMORANDUM OPINION This case raises the apparently novel issue of the effect of the failure of a bankruptcy judge to cause the bankrupt to make a timely filing of a complete list of creditors, as required by 11 U.S.C. § 67(a)(2), (3) (1968), upon the allowability of claims filed by creditors more than six months after the first date set for the first meeting of creditors, i. e., beyond the limita...
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MAGISTRATE’S REVIEW AND RECOMMENDATION OF PETITIONER’S MOTION TO VACATE SENTENCE Charles Nick has filed another application for habeas corpus under 28 U.S.C. § 2255 in the United States District Court. A previous petition was denied on March 17, 1975 by this Court. *2On December 28, 1973, petitioner was sentenced to two ten year terms in the custody of the Attorney General with three year special ...
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MEMORANDUM AND ORDER Solomon H. Friend, an attorney, has applied for leave to turn over certain documents to a United States Grand Jury which is apparently investigating both his client Amrep Corporation and Mr. Friend himself. Mr. Friend has testified a number of times before the Grand Jury and has been invited by the Assistant United States Attorney in charge of the case to produce any docume...
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OPINION Before us is an appeal from the denial by the bankruptcy judge of a judgment creditor’s petition for reconsideration of the discharge of the bankrupts. We have reviewed the following documents: (1) the Certificate on Appeal of the bankruptcy judge, consisting of the judge’s history of the case and discussion, the order entered on July 18, 1975, the notice of appeal, the designation of t...
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MEMORANDUM AND ORDER Presently before the Court is a motion by Defendants Joseph O’Neill, Frank L. Rizzo, and the City of Philadelphia, to dismiss the complaint filed by the Plaintiffs under 42 U.S.C. § 1983. The complaint is based on an alleged unlawful search and arrest of minor Plaintiff Julian Wilkerson by Defendant Mock and other police officers. It is asserted that subsequent t...
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ORDER AND OPINION Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The only issue to be decided in this appeal is whether the Secretary’s decision is supported by substantial evidence, in which case, it must be a...
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MEMORANDUM OPINION AND ORDER The plaintiff, Fireman’s Fund Insurance Company (hereinafter “Fireman’s Fund” or “insurer”) brought suit for a declaratory judgment to determine the rights and liabilities of the parties under certain contracts of insurance entered into between itself and the defendant insureds, Videfreeze Corporation (hereinafter “Videfreeze” or “insured (s)”) and the David E. Chinner...
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MEMORANDUM OPINION and ORDER This action was originally commenced in the Circuit Court of Cook County against the City of Chicago and the City’s Department of Urban Renewal by the named plaintiffs individually and as representatives of a class of persons who, allegedly, were similarly situated. The factual background of the suit is as follows. The plaintiffs borrowed funds for the pu...
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MEMORANDUM OPINION On June 13, 1975 plaintiff filed this class action against defendant Avis Rent A Car System, Inc. in the Circuit Court of Cook County, Illinois, Chancery Division, seeking a declaratory judgment, an injunction, an accounting and other relief. The complaint alleges that in contravention of Article 7 of an Airport Concession Agreement which defendant has with the City of Chicag...
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MEMORANDUM OPINION AND ORDER This is an action for damages arising from the allegedly tortious seizure of the plaintiff’s textile business in Belgrade, Yugoslavia in 1942. The plaintiff invokes this court’s diversity jurisdiction pleading that he is a citizen of Quebec, Canada and the defendant, Karl Bruno, is a citizen of the state of Illinois. [28 U.S.C. § 1332.] This cause of action is...
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In each of these consolidated cases, creditors are attempting to garnish the wages of employees of the United States Postal Service. The Postal Service has moved for a dismissal on the ground that it is not subject to garnishment proceedings. The reorganized Postal Service is an agency of the federal government with express statutory power to sue and be sued. 39 U.S.C.A. § 401(1). In F. H...
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MEMORANDUM AND ORDER The petitioner, David Sidney Lowery, was found guilty of murder in the first degree by a Baltimore City Criminal Court jury in October, 1970, and received the mandatory life sentence. Having exhausted his state remedies, Lowery filed a petition for habeas corpus relief in the federal courts, alleging that the prosecution at his murder trial knowingly used perjured tes...
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MEMORANDUM AND ORDER Mrs. Agnes Weicht worked for 19 years as a health assistant, first at the Washington County Hospital in Hagerstown, Maryland, and later at the Western Maryland State Hospital in the same city. Earlier, she had been employed as a retail sales clerk for five years. A high school graduate and 59 years of age at the time she applied for disability benefits from the Social...
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MEMORANDUM OF DECISION The Plaintiff, Ralph G. Hill, brought this action in state court alleging that Defendant, Southern Railway Company, wrongfully suspended him from his job as a trainman on or about September 6, 1971 without just or sufficient cause, and in violation of the bargaining agreement between the Defendant, Southern Railway Company, and the Union Transportation Union (UTU) o...
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MEMORANDUM AND ORDER Plaintiff filed a pro se complaint alleging unlawful arrest and detention and the use of unreasonable force by law enforcement officers.1 Since this is a pro se complaint, we construe plaintiff’s pleading without regard for technicalities. United, States ex rel. Gittlemacker v. County of Philadelphia, 413 F.2d 84, 86 n.3 (3d Cir. 1969), cert. denied, 396 U.S. 1046, 90.S.Ct. 69...
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MEMORANDUM OPINION AND ORDER Brigadier General Roberto R. Vargas, Assistant Adjutant General for the Air of the Puerto Rico National Guard and a National Guard Technician, filed this suit on September 4, 1975 for injunctive relief with respect to defendant’s action terminating his employment as National Guard Technician. On the same date, on the basis that the intended separation of plain...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 15th day of September 1975. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes the following findings of fact and conclusions of law: FINDINGS OF FACT I. This action was brought by the plaintiff, Thomas E. Judd, a citizen of *930 Sa...
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OPINION AND JUDGMENT This labor dispute arises pursuant to § 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C. § 185. Plaintiff is a labor organization and the collective bargaining representative for defendant’s production and maintenance employees and truck drivers. Defendant is engaged in the food processing business in Bridgewater, Virginia. Plaintiff seeks da...
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MEMORANDUM AND ORDER Plaintiff, James Fitchette, is currently a prisoner in the Maryland Penitentiary. He brings this action against the Warden, George H. Collins, seeking $20,000 in damages for “Mental Anguish and False Imprisonment Which Petitioner was made to suffer for some seven (7) months” after being convicted by the Adjustment Team at the penitentiary of assault on an inmate by stabbing...
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MEMORANDUM This habeas corpus case comes before the Court pursuant to Title 28 U.S.C. § 2254 subsequent to the submission of briefs and a stipulation that the case be decided on the record of the state court proceedings. Petitioner’s application for writ of habeas corpus presents the question of whether a search conducted by a private person after his contact with the police is a governmental...
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MEMORANDUM This case involves the question of whether the United States can maintain an action against an Armed Forces veteran’s employer or workmen’s compensation carrier for the value of hospital and medical services furnished free of charge to the veteran for injuries sustained in the course of his employment. All parties have moved for summary judgment on the issue of the Government’s...
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ORDER FOR PRELIMINARY INJUNCTION This cause having come on for hearing on the motion of Plaintiffs for a preliminary injunction as prayed for in its Complaint, and pursuant to the order of the court entered on October 3, 1975, and the court having considered the Plaintiffs’ memorandum and affidavits in support of the motion, and Defendants’ memorandum in opposition to Plaintiffs' motion for a prel...
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RULING Defendants in each of the above actions have moved the Court to strike *878 plaintiffs’ demands for penalties and attorneys fees. Federal Rules of Civil Procedure, Rule 12(f) provides that the motion to strike is directed toward any insufficient defense or redundant, immaterial, impertinent or scandalous matter. Defendants’ motion to strike herein is directed towa...
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On July 11, 1975, the defendant husband, Dorsey H. Delavigne, Jr. (Dorsey), filed in this court his petition under 28 U.S.C. § 1443 for removal of a proceed *364 ing filed in the Circuit Court for Montgomery County, Maryland, by his wife, Denise F. Delavigne (Denise), for divorce, custody of their minor children, alimony, support and maintenance of their minor children and related relief. The g...
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MEMORANDUM AND ORDER The defendant moves for an order, pursuant to 28 U.S.C. § 1404(a), transferring this action to the District Court in Newark, New Jersey. It was commenced to recover damages, for alleged breaches of contract of construction jobs in New Jersey. The movant’s affidivit states that except for the residence of the plaintiff in New York, everything concerning this suit lies within th...
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MEMORANDUM This bankruptcy appeal raises an issue of first impression, which is of great significance to the international banking community. The economic interdependence among nations and the role of international banking in national and international affairs has evolved dramatically in this century. It is therefore understandable that when Congress in 1898 and 1910 specified in § 4 of t...
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MEMORANDUM Petitioner, confined in Matteawan State Hospital, Beacon, N. Y., seeks post-conviction relief, invoking 28 U.S.C. § 2254 and challenging the constitutionality of his conviction and confinement under the Sixth and Fourteenth Amendments. Petitioner was convicted in Supreme Court, New York County, on May 26, 1970 of murdering a New York City police officer and was sentenced t...
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MEMORANDUM This is an action to review a final decision of the Social Security Administration by the Secretary of Health, Education and Welfare of the United States of America, denying plaintiff’s claim for disability benefits under §§ 216(i) and 223 of the Social Security Act, as amended. After the first denial of benefits, plaintiff made a timely request for reconsideration and the prior ac...
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*1226MEMORANDUM OPINION During 1965, defendant Larry Yates purchased a filling station in Martin, Tennessee. The station was known as Gateway Service Station (hereinafter called Gateway), and was located on premises of Argo-Collier Truck Lines Corporation (hereinafter called A-C), a common carrier by motor vehicle operating over irregular routes from the principal Martin office in a number of sta...
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MEMORANDUM OPINION AND ORDER This is a removed diversity action. 28 U.S.C. §§ 1332(a)(1), (c), 1441(a). Before any responsive pleading was served herein, the plaintiffs moved to amend their complaint. Rule 15(a), Federal Rules of Civil Procedure. One purport of such amendment was to change the name of the defendant Balkaman, Inc. to “Balkamp, Inc.” Since such amendment relates to the correction of...
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MEMORANDUM Plaintiffs bring this action to enjoin the officers, agents and employees of the City of Falls Church, Virginia from enforcing certain ordinances of the City of Falls Church that allegedly violate the plaintiffs’ rights, privileges and immunities under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The plaintiffs are certai...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO FILE AMENDED COMPLAINT IN CASE 74-1502-HP AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTIONS TO DISMISS AND STRIKE THE AMENDED COMPLAINTS IN CASES 75-2385-HP AND 75-2479-HP Each of these three actions falls within the federal admiralty jurisdiction created by Art. Ill, Sec. 2 of the Constitution as implemented by 2...
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MEMORANDUM OPINION I. BACKGROUND On September 27, 1974, Plumbers Local Union No. 519 of Miami, Florida (“Union”) and Sam Long, Elmer Frischolz, H. D. Salyers, Joseph L. Cole, Robert E. Lee, Ben Markowitz, Joseph Goldman, and Robert Hildebrandt as Trustees of Plumbers Local Union No. 519 Health & Welfare Fund, Pension Fund, Vacation Benefit Fund, and Joint Apprentice and Educational C...
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ORDER FOR REMAND The Court issues this Order on its own motion. In November of 1974, plaintiff Richard C. Turner filed an action in the District Court of the State of Iowa, in and for Polk County, seeking to enjoin the defendants named herein from “assesing or collecting” certain finance charges in excess of the rates prescribed in the Iowa Consumer Credit Code (ICCC), § 537.1101 ...
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MEMORANDUM This is a civil action brought by plaintiff, a resident of Massachusetts, against Boston College, its President and Law School Dean; Boston University, its President and Law School Dean; Harvard University, its President and Law School Dean; New England School of Law and its President; Suffolk University, its President and Law School Dean; and the Chief Justice of the Massachus...
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OPINION This is a motion for a class determination under Rule 23, Fed.R.Civ.P. The complaint alleges violations of Sections 9(a), 10(b), 13(d), 14(d) and 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. The case arises out of an aborted tender offer by defendant Northern Electric Company, Limited for all of the common stock of Dictaphone Corporation. Plaintiff alleges that it...
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ORDER Plaintiff Service Arms Company (Service Arms) is a corporation engaged in the business of selling new and used firearms. Plaintiff James Edward Young (Young) is an officer of Service Arms. It is alleged in the Complaint that Plaintiffs are holders of a Federal firearms license. 1 Plaintiffs have brought this action based on purported violations of their civil rights again...
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*62MEMORANDUM AND ORDER Presently pending before the Court are cross-motions for summary judgment on an appeal, pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), of a final decision of the Secretary of Health, Education and Welfare denying plaintiff disability insurance benefits under the Act. The only issue before the Court is whether the Secretary’s final decision ...
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OPINION This is a diversity suit between a Pennsylvania corporation having its principal place of business in Florida, and a California corporation presently maintaining it principal office in the State of California. The defendant is not registered to do business in Pennsylvania and service on the defendant was made under the provisions of the Pennsylvania “Long-Arm” Statute, 42 P.S. 8302 and 83...
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MEMORANDUM AND ORDER Plaintiff, Sun Shipbuilding & Drydock Co. (“Sun Ship”), filed suit on June 24, 1975, against Virginia Electric and Power Company (“Vepco”) and Stone & Webster Engineering Corporation (“Stone & Webster”) on four separate counts. In count one, Sun Ship avers that it is the victim of a defamatory statement1 which is libelous per se, because it impugns plaintiff’s honesty in repo...
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MEMORANDUM Plaintiffs, flight attendants employed by defendant Eastern Airlines, Inc., bring this action pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S. C. 2000e et seq.) in which they challenge the maternity policies of Eastern as applied to female employees. Plaintiffs seek injunctive and declaratory relief, back pay, court costs and attorney’s fees. Defendants Transport Workers’...
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MEMORANDUM AND ORDER This matter comes now before the Court on the motion of each defendant for summary judgment. The United States Attorney on behalf of each defendant, has again preliminarily raised a question as to the power of the Court to proceed to the merits in light of the claim of official immunity. A motion to dismiss directed to these issues has already been denied, Miller v. Saxbe,...
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RULING ON PENDING MOTIONS In each of these cases the third-party defendant, Seattle First National Bank, has filed motions to dismiss the claim against it for want of' proper venue, pursuant to Rule 12(b) (3); or in the alternative to transfer the action against it to the Western District of Washington, pursuant to 28 U.S.C. § 1406(a). These matters arose when the defendant and third...
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MEMORANDUM OPINION Motion To Dismiss On January 8, 1975, plaintiff Triangle Landscaping Corporation (“Triangle”) filed this Miller Act action invoking this Court jurisdiction pursuant to 28 U.S.C. § 1331 and 40 U.S.C. § 270a et seq. Triangle alleges that pursuant to a written subcontractor’s agreement entered into on September 13, 1973 with Path-man Construction Company (“Path-man”), Tria...
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MEMORANDUM OPINION Plaintiff Jerry Robinson has brought a broad ranging class action civil rights complaint 1 concerning the interaction of various institutions of the State of Illinois with juveniles. The treatment of plaintiff as a ward of the state, in need of psychiatric and counselling help, and as a juvenile being adjudicated as delinquent, has been alleged to have been c...
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RULING This matter was originally brought by the defendant herein, Ann Olivier Estilette, as a suit for separation in the Fifteenth Judicial District Court, Parish of Lafayette, State of Louisiana. The petitioner, J. D. Estilette, subsequently removed the matter to this court, invoking the provisions of 28 U.S.C. § 1441 et seq. We now have before us a motion to remand the matter to the State court...
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OPINION Defendant Key Line Freight, Inc. has been charged in a 28-Count Information with giving rebates to shippers in violation of 49 U.S.C. Section 322(c) which provides: “Any person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof, who shall knowingly offer, grant, or give, or solicit, accept, or receive any rebate . . . or by any othe...
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OPINION Chandler is a federal prisoner, sentenced in this court to a term of 6 years, and eligible for parole at such time as the board of parole may determine, under 18 U.S.C. § 4208(a)(2). He was indicted for 3 separate bank robberies with intimidation (threat to kill with a gun) in violation of 18 U.S.C. § 2113(a), which carries a maximum penalty of 20 years imprisonment, a $5,000. fine, or ...
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OPINION This litigation brings before us, as plaintiff, The Architectural League of New York (“the League”), and, as defendants, Phillip Nicholas Bartos (“Bartos”), Flaks, Zaslow & Co., Inc. (“Flaks, Zaslow”), Stephen Flaks (“Flaks”), and Stanley Zaslow (“Zaslow”). The League is an eleemosynary institution chartered under the New York Not-For-Profit Corporation Law and organized as an edu...
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Defendant Amstar Corporation (“Am-star”) moves pursuant to Rules 12(b) (6) and 12(f), Fed.R.Civ.P., for an order dismissing Count II of the amended complaint in this action and striking certain portions of that pleading. For the reasons hereinafter stated, the motion is denied. Plaintiffs are two among several “general sugar brokers” whose services in distributing sugar products were termi...
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MEMORANDUM AND ORDER NO. 2037 The Government has applied for further relief in its continuing efforts to acquire interests in equipment obligations covering some of the Debtor’s rolling stock, as a means of providing cash to support interim operation of the railroad through the use of funds obtained pursuant to § 215 of the Regional Rail Reorganization Act of 1973 (hereinafter RRRA). The spec...
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MEMORANDUM Belco Petroleum Corporation (Belco), Weva Oil Corporation (Weva), and Jet Oil Company (Jet), entered into an operating agreement to explore and develop a lease for oil and gas. The pleadings and *665exhibits of record and the statement of uncontroverted facts contained in the pre-trial order prepared by counsel for the parties and filed herein disclose that the three joint venturers we...
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MEMORANDUM ORDER This civil action was filed on May 7, 1974 by the Plaintiff, United States of America, to recover sums which it claims are due and owing from the Defendant, Eureka Pipeline Company, as a result of twelve violations of Section 1321(b)(3) 1 of the Federal Water Pollution Control Act (FWPCA), as amended 1972, 33 U.S.C. § 1251 et seq., which *937 ...
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MEMORANDUM OPINION This matter came before the Court on Cross-motions for Summary Judgment'. In question is defendants’, John T. Dunlop, Secretary of Labor, et al., compliance with provisions of the Occupational Safety and Health Act of 1970 (hereinafter the Act), 29 U.S.C. § 651 et seq. and the Administrative Procedure Act, 5 U.S.C. § 706 et seq. Plaintiffs filed this action on Dece...
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MEMORANDUM OF DECISION ON PRE-TRIAL MOTIONS In this criminal prosecution arising out of the alleged arson of the Sponge Rubber Products Co. plant in Shelton, Connecticut, scores of pre-trial motions have been filed, three of which require extended discussion since they raise important and troublesome issues. I The first set of motions concerns the required scope of the governmen...
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MEMORANDUM AND ORDER This action was brought by four minority stockholders of Fuqua Television, Inc., against that corporation and J. B. Fuqua, its majority stockholder. Jurisdiction is based on Section 27 of the Securities Exchange Act of 1934, 15 U.S.C. § 78aa. The complaint is in five counts: Counts I and II against both defendants under Sections 10(b) and 14(a) of the Securities Exchange Act ...
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MEMORANDUM OPINION I. Plaintiff Thomas C. Blair, formerly a resident at the Joliet Branch of the Illinois State Penitentiary and presently a resident at the Menard Correctional Center, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983 against the former warden of the Joliet Correctional Center seeking declaratory relief, an injunction and monetary damages. The jurisdiction o...
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OPINION This is a diversity action for personal injuries and loss of consortium suffered by Mr. and Mrs. Card as a result of an automobile accident and a further claim asserted by them on behalf of the United States for the value of the medical care provided to the plaintiffs. The accident occurred on December 20, 1971 at the intersection of Virginia Route 206 and U.S. Route 30, two miles...
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Memorandum of Decision and Order Defendants, C. I. Mortgage Group et a 1.1 move to compel the plaintiff to answer certain deposition questions, and to produce certain documents, relating to defendants’ contention that Mr. Lewis is a “professional plaintiff” and is thereby rendered unable to fairly and adequately represent the plaintiff class, F.R.Civ.P. 23, in this proposed class action. Plaintif...
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MEMORANDUM Before the Court is petitioner’s motion to set aside his plea of guilty and vacate a judgment of conviction thereon pursuant to 28 U.S.C. § 2255. Petitioner was indicted on November 6; 1974, for armed robbery in the Great Smoky Mountains National Park. 18 U.S.C. §§ 7, 13; Tenn.Code Ann. § 39-3901. A plea of guilty was entered to the one-count indictment on December 3, 1974, pursuant to ...
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MEMORANDUM OPINION AND ORDER This is an eminent domain proceeding involving the taking of private property for public use by the federal government, functioning herein through the relator the Tennessee Valley Authority (TVA). Private property may not be taken for public use without just compensation. Constitution, Fifth Amendment. Under its inherent power so to do, and prior to the e...
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MEMORANDUM OPINION The United States has instituted this action against the State of Wyoming, its Attorney General, the County of Laramie, and the County Treasurer of Laramie County, Wyoming, seeking (1) a declaratory judgment ordering and adjudging that the provisions of Section 514 of the Soldiers’ and Sailors' Civil Relief Act of 1940, 56 Stat. 777, as amended, protects the United States milita...
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MEMORANDUM OPINION Plaintiffs have filed a complaint against defendants seeking monetary relief for alleged violations of the wire and oral communications interception laws, Count I, as well as the Civil Rights Laws, Count II. Subject matter jurisdiction is based on 28 U.S.C. §§ 1331, 1343, inasmuch as plaintiffs’ causes of action arise under 18 U.S.C. § 2520 and 42 U.S.C. § 1983. Th...
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MEMORANDUM AND ORDER The petitioner, Bruce Wayne Martinez, while in the custody of the respondent at the United States Disiciplinary Berracks at Fort Leavenworth, Kansas, filed an application for a writ of habeas corpus. Martinez was convicted by a United States Army General Court-Martial of the wrongful possession, transfer and sale of marijuana in Fairfax County, Virginia. On September 4, 1974, ...
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Robert Roberts, presently confined by the State of Maryland under sentences imposed in 1953 totaling 54 years, seeks a writ of habeas corpus. His present application is but the latest chapter in the saga of his skirmishes with the law over approximately 37 years. 1 The 54-year sentence, which he attacks in part by this application, resulted from his pleas' of guilty to two counts of common la...
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OPINION AND ORDER The post-trial motions of the defendants, and their objection to the form of judgment submitted, are all denied. In this declaratory judgment action to determine liability under an insurance policy, the evidence showed without contradiction that Freda Lowden (the insured), traveling at a speed in excess of 60 miles per hour, drove out of her lane of traffic and directly into...
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OPINION Statement of Facts Plaintiff seeks compensation for services allegedly performed for the defendants, Mite Corporation (“Mite”) and O. S. G. Tap and Die, Inc. (“O. S. G.”), in connection with the purchase by O. S. G. of a Mite subsidiary, the Sossner Tap & Tool Corporation (“Sossner”). The demand for such services is $200,000 (an amount equivalent to 10% of the purchase pr...
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MEMORANDUM ORDER By order to show cause and a petition, petitioner seeks a writ of habeas corpus to relieve himself of an allegedly illegal conviction imposed by the State of New York in violation of the United States Constitution. Jurisdiction, which is not disputed, is obtained under 28 U.S.C. § 2241(a). Petitioner, a citizen and resident of New York, is currently incarcerated in the Grea...
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MEMORANDUM DECISION All defendants but one in this shareholders derivative action move for an order dismissing the complaint pursuant to Rules 12(b)(6) or 12(b)(1) or 9(b) and *31 11, F.R.Civ.P., or alternatively, for a stay against further prosecution of the action, and for costs. Plaintiffs are shareholders of Solitron Devices, Inc. (“Solitron”) a New York corporation,...
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On May 30, 1974 the defendant, a pharmacist and owner of the Medicine Shoppe Pharmacy in Jamestown, New York, was indicted in a three-count indictment. He was charged with distribution of Schedule II controlled substances without proper written orders, and with failing to maintain required reports and records. Before the court is a motion to suppress drugs seized as a result of an inspection of...
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*818 OPINION Through the storms of the papers this case is discovered to consist mostly of overblown claims on plaintiffs’ side countered by obstinate triviality on the side of government agents. The ultimate insignificance of the controversy is not rendered worthier by the invocation of lofty principles on both sides. The complaint arises from a letter seemingly sent by an ex-employee of p...
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MEMORANDUM DECISION The United States of America (the Government) brought this action under 19 U.S.C. § 1592 to recover penalties for the introduction into the commerce of the United States by Paul R. Brown (Brown) and United States Telephone Company of imported merchandise under false and fraudulent invoices. 1 The defendants were previously convicted of a violation of Title...
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MEMORANDUM AND ORDER Defendant Charles F. G. Smith is charged in a two-count indictment with conspiracy to smuggle Mexican gold coins into the United States, and conspiracy to traffic in counterfeit obligations of the United States, both in violation of 18 U.S.C. § 371. Presently before the Court are Smith’s pretrial motions for: (1) discovery pursuant to Fed.R.Crim.P. 16; (2) a bill of p...
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OPINION AND ORDER Article VI, Clause 2 of the Constitution of the United States establishes that where there is a conflict between a federal and a state law, or a conflict between a federal law and the application of a valid state enactment, the federal law shall prevail. It is alleged in this case that Article V of Mandatory Decree No. 4 of the Minimum Wage Board of Puerto Rico (29 PR Rules and ...
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MEMORANDUM OPINION AND ORDER Defendants A. H. Riise Gift Shop, Inc. and A. H. Riise Liquor Store, Inc. have moved this Court for a protective order pursuant to Rule 26(c) (3) of the Federal Rules of Civil Procedure. They object to the battery of detailed interrogatories with which they have been bombarded and seek this Court’s protection in the form of an order directing plaintiff to proceed by wa...
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OPINION This case was remanded to this court from the Court of Appeals for further consideration of damages in light of United States v. Reliable Transfer, 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251 (1975). In findings of fact and conclusions of law entered April 2, 1974, I found that defendant N. C. Marine was negligent in installing in plaintiff Pan-Alaska’s fishing vessel ENTERPRISE an ...
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RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This civil rights action was commenced pursuant to 42 U.S.C. §§ 1983 and 1988, joining as party .plaintiffs, Richard P. Brimley, the East Hartford Education Association (“EHEA”), and the Connecticut Education Association, Incorporated (“CEA”). The Board of Education of the Town of East Hartford (“Board”) hired Brimley as an English and film-maki...
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OPINION This case is before the Court on the defendants’ motion to dismiss the action for improper venue. The plaintiffs are British-American Insurance Company Limited (“B-A”) and its wholly owned subsidiary British American Management Limited (“BAM”), both of which are incorporated under the laws of the Bahamas and maintain their principal offices at Nassau, Bahamas. None of the pla...
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MEMORANDUM OPINION This criminal proceeding was initiated upon the grand jury’s return of a twenty-nine count indictment on April 28, 1975, against Metro Management Corporation (hereinafter MMC) and Jack W. Griffin. In general, Count I of the indictment charges that MMC, by and through its President, Jack W. Griffin, conspired with certain unindicted contractors to defraud the Department of Hou...
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OPINION AND ORDER Sidney Danielson, Regional Director for Region 2 of the National Labor Relations Board (hereinafter “NLRB”) has petitioned on behalf of the NLRB for an order pursuant to § 10(7) of the National Labor Relations Act (hereinafter “NLRA”), 29 U.S.C. § 160(7), enjoining (1) the Fur Dressers, Local No. 2F, (2) the Fur and Floorworkers Union, Local 3, and (3) the Joint Board of...
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This is an appeal by the Trustee of Weis Securities, Inc. (Weis) from an order of Bankruptcy Judge Babitt filed June 19, 1975, granting a motion of claimant Borghi for leave to file a claim long after the time for filing had expired. The sole issue is whether there is discretion to permit a late filing of a claim. If there be such discretion, certainly Judge Babitt did not abuse it. The time limit...
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MEMORANDUM OPINION AND ORDER Defendants have presented two motions for determination and the following rulings are made: I. MOTION TO STRIKE THE JURY DEMAND The defendants have moved to strike the plaintiff’s demand for a jury trial asserting that there is no right to a jury trial under general admiralty law and that plaintiff has failed to establish the conditions necessary for a jury trial as pr...
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OPINION AND ORDER Before the Court are various pretrial motions filed by defendant George Collitt in this multi-defendant criminal case. Collitt is charged in two counts of an eleven-count indictment with conspiracy to violate 18 U.S.C. § 1962(c) and with violation of the Hobbs Act, 18 U.S. C. § 1951. Collitt’s motions seek: (1) to quash the indictment; (2) severance and separate trial; (...
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OPINION AND ORDER On July 30, 1971, plaintiff herein was charged with violating Articles 26 and 27 of Law No. 134 of June 28,1969, known as the Explosives Law of Puerto Rico, and having pleaded not guilty and requested trial by jury, he was convicted on both counts by the jury on October 15, 1971 (Criminal Cases G-71-1781-82). On November 8, 1971, the Superior Court of Puerto Rico, San Juan Part,...
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MEMORANDUM The Plaintiffs, on March 15, 1973, filed their complaint for injunctive and declara *14 tory relief against the Defendants herein, Rogers C. B. Morton, Secretary of the Department of Interior of the United States of America; Gilbert Stamm, Commissioner of the Bureau; James A. Bradley, Regional Director of the Bureau of Reclamation, officing in Amarillo, Texas; and ...
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OPINION and JUDGMENT James Robertson, an inmate at the Virginia State Penitentiary, Richmond, Virginia, has filed this pro se petition for a writ of habeas corpus. Petitioner attempts to style his action as a civil rights action under 42 U.S.C. § 1983. However, he challenges the fact of his confinement, and for relief, asks immediate release from such confinement. Since we must liberally construe ...
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ORDER There are now presented to this Court issues concerning the conscionability or unconscionability under the applicable provisions of the Uniform Commercial Code of certain limitations or exclusions of consequential damages in connection with the sale of the soybean inoculant product Triple Noctin manufactured by Defendant, Kalo Laboratories, Inc. [hereinafter Kalo], and sold to Plain...
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MEMORANDUM This case comes on upon the motion of plaintiffs for a preliminary injunction to be issued by this court restraining and enjoining defendants herein from filling Skokie Police patrolmen vacancies and further ordering that the Village of Skokie and the Board of Fire and Police Commissioners for the Village of Skokie restore and reinstate all the plaintiffs to their respective ranks an...
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MEMORANDUM OPINION AND ORDER Presently pending is a request by Mr. Kevin M. Forde that this Court admit Mr. Joseph H. Thibodeau to practice before this Court for the limited purpose of representing certain witnesses before the Special February, 1975 Grand Jury. Mr. Forde is an attorney and a member in good standing of the bar of this Court, while Mr. Thibodeau is an attorney and a member in good s...
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*1296 MEMORANDUM OF DECISION This action was tried to a jury, June 23 through 27, 1975, at Aberdeen, Mississippi. The question of the prior use of the patent involved in the litigation was taken from the jury and submitted to the court on a stipulation of the parties. * Counsel were then afforded the opportunity of submitting memoranda of law on the question. The ...
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OPINION AND ORDER A complaint was filed by plaintiffs, who are members of the Blaekfeet Tribe of the Blaekfeet Indian Reservation (herein “Tribe”), seeking an accounting from the Tribe for funds received by it. The complaint was served on June 20, 1974. No appearance was made, and a default was entered by the clerk of the court. Subsequent to the entry of default an amended complaint was filed....
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MEMORANDUM OPINION This action is before the Court on defendant’s motion for a summary judgment. Jurisdiction is based upon diversity of citizenship. It is an action which allegedly arises under a state statute and state law applies. In essence, the plaintiff contends that in order to obtain and retain employment with defendant as a dealer in defendant’s casino, he was required to pool tips rec...
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OPINION This is a seaman’s action under the Jones Act, 46 U.S.C. § 688, and the general maritime law. In addition to tort remedies, plaintiff seeks maintenance and cure. The action was commenced in March 1973. In September 1973 plaintiff voluntarily dismissed the action on the basis of an apparent settlement. On January 9, 1974 I vacated the dismissal and ordered the action reinstate...
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MEMORANDUM AND ORDER As a result of defendant having been found guilty by a jury in a criminal proceeding of ten (10) counts of Medicare fraud 1 in violation of 42 U.S.C. § 408(b) and (c) 2 , and the said judgment entered on the guilty verdict having been affirmed 3 , the Government now brings an action to collect damages from the defendant. This action for damages is brought pursuant to ...
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ORDER Defendant’s motion to dismiss invites the decision of this court. Bridwell, a *41former defendant, is no longer in the case, admittedly enjoying immunity from civil liability for acts performed in the course of his duties as a government official. Prior to hearing the motion, without objection, the court allowed plaintiff’s motion to amend to bring his cause under Title 28, Section 1346(a) ...
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MEMORANDUM Before the Court is plaintiffs’ motion for a temporary restraining order and preliminary injunction as prayed for in *412their amended complaint. Plaintiffs seek to enjoin defendants from going forward with further criminal prosecutions which may grow out of certain indictments handed down by the Knox County Grand Jury. The original complaint was filed August 28, 1975, and sought, inter...
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MEMORANDUM AND ORDER Before GEE, Circuit Judge and GARZA and COX, District Judges. This suit is brought by plaintiff Guadalupe Jimenez and thirteen other named plaintiffs, former residents of defendant Hidalgo County Water Improvement District No. 2 or defendant Hidalgo and Cameron Counties Water Control and Improvement District No. 9, against certain directors of the two defendant water district...
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*61 MEMORANDUM OPINION Plaintiffs (Whitaker and Anselmi) have filed separate and independent libel actions in the state court. These cases were removed to this court under the provisions of 28 U.S.C. § 1441(c). Times Mirror, a California corporation, filed a motion for dismissal in each of the cases for lack of in personam jurisdiction in Wyoming. The issue for decision in these cases is wh...
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ORDER REVERSING BANKRUPTCY JUDGE’S ORDER ENTERED April 29, 1975 Appellant, Joseph J. Rifkind, has filed an appeal with this court, pursuant to Bankruptcy Rule 801, seeking a review of an order entered April 29, 1975, by Bankruptcy Judge Howard V. Calverley. This court has jurisdiction to review Bankruptcy Judge Calverley’s order under Section 2a(10) of the Bankruptcy Act [11 U.S.C. § 11(a) (10)...
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MEMORANDUM DECISION By his habeas corpus petition Salvador Ortiz collaterally attacks his conviction for armed robbery after a bench trial in the Criminal Division of the Circuit Court of Cook County, Illinois. Jurisdiction exists under 28 U.S.C. § 2254 (1970). Petitioner contends that his conviction is constitutionally invalid because identification procedures used by the State were contrary t...
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MEMORANDUM AND ORDER On December 8, 1971, Ralph Edward Wilkins was convicted by a jury of murder in the first degree, for the shotgun slaying of one Thomas Magellan Lewis, on December 14, 1970. For this murder, Wilkins was sentenced to life imprisonment. Thereafter, Wilkins appealed to the Court of Special Appeals of Maryland, Wilkins v. State, 16 Md.App. 587, 300 A.2d 411 (1973), and, upon a...
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MEMORANDUM AND ORDER By notice of motion dated September 23, 1975, but received September 25, 1975, four days prior to the date scheduled for the commencement of trial, the defendant, by his counsel, moved for an order pursuant to Rule 41(e), F.R.Crim. P., suppressing the use at his trial of certain evidence which only recently came to the attention of federal authorities. The Assistant United ...
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MEMORANDUM OPINION and ORDER On May 19, 1975, this Court entered an Order allowing plaintiffs’ Motion for Preliminary Injunction and enjoining defendants from taking any further steps in the acquisition of right-of-way or in authorizing, financing, contracting for and in commencing the construction or installation of the Bogue Banks Highway, Project No. 9.8025201. The federal defendant no...
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MEMORANDUM This matter comes before the Court on motions to dismiss filed by defendants William L. Lukhard and Jack S. Davis. Plaintiffs, Keith and Ruth Payne, brought this action to redress alleged deprivations of constitutional rights under color of state law. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343(3) 1 in conjunction with 42 U.S.C. §§ 1983 2 , and 1985. Keith Payne clai...
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405 F. Supp. 849 (1975) Jesse BLOUNT, Jr., Plaintiff, v. XEROX CORPORATION, Defendant. No. C-74-1794 WHO. United States District Court, N. D. California. September 30, 1975. *850 James H. Niven, Bennett, Hughes, Kane & Niven, San Mateo, Cal., for plaintiff. Richard Haas, Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant. MEMORANDUM OPINION ORRICK, District Judge. Plaintiff,...
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MEMORANDUM OPINION Plaintiff in No. 75-756, Dr. David M. Nolan, obtained a judgment in the Superior Court of the District of Columbia as a result of a suit against defendant Kenneth Woodruff. Nolan v. Woodruff, S.C. No. 28203-73 (Sept. 24, 1973). On April 16, 1975, plaintiff’s counsel filed a writ of attachment .and directed the writ to the United States Postal Service, the employer of defendant ...
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OPINION This case is now before the Court for possible disposition under three separate motions: (1) plaintiff’s motion for summary judgment pursuant to Rule 56, F.R.Civ.P.; 1 (2) defendant’s motion to dismiss pursuant to Rule 12(b)(1), F.R.Civ.P.; 2 and (3) defendant’s motion for summary judgment. 3 These motions were filed following a decision issued on ...
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MEMORANDUM OPINION The negative aspect, judicially speaking, of a boating paradise is a deluge of suits by boatyards against boat owners involving an unpaid claim for work performed on the vessels and an inevitable counterclaim that the work was not performed in workmanlike fashion, or the owner’s personal property was stolen or both. Personal feelings run so strongly on both sides that t...
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ORDER This federal employee employment discrimination action, brought pursuant to 42 U.S.C. § 2000e-16(c), is presently before the Court on defendant Peter J. Brennan’s motion to dismiss or in the alternative for summary judgment. Defendant Brennan urges that the Court lacks subject matter jurisdiction to hear this case and in the alternative that there is no genuine issue of material fac...
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ORDER This action was submitted to the Court on the defendants’ motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On June 14, 1975, the Court directed the parties to supplement the record and to address certain concerns raised as to this Court’s jurisdiction in light of the Georgia Supreme Court decision in Georgia Power Co. v. Allied Chemical Cor...
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ORDER OF COURT This is a civil rights class action seeking declaratory, injunctive, and other relief filed by plaintiff, Pamela Ann Stansell, against defendant, the Sherwin-Williams Company, pursuant to Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e, et seq. [hereinafter Title VII], and the Equal Pay Act of 1963, 29 U.S.C. § 206 et seq. [here...
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ORDER Presently before the court in this breach of contract action is the defendant’s motion to dismiss, which is based upon five separate grounds: (1) failure to state a claim; (2) lack of subject matter jurisdiction; (3) lack of capacity to sue; (4) failure to join a required party; and (5) the fact that the plaintiff is not the real party in interest. Since this court concludes that th...
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MEMORANDUM DECISION Statement of Case On August 30, 1974, plaintiff filed this action for damages and declaratory relief against several officials of the State of Hawaii based on alleged violations of his constitutionally-protected rights to due process and equal protection of the laws arising from the State’s refusal to certify plaintiff as eligible for employment as an Adult Co...
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RULING ON MOTION Commonwealth Edison Company, the Plaintiff in this litigation, petitioned that this court issue an order directing that all of the parties to this lawsuit proceed to arbitration according to an agreement signed by Edison and one of the Defendants. Furthermore, the Plaintiff requested that this court stay a state court proceeding involving the *889 same issues...
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OPINION The plaintiff, Helen de Castro, brings this action under 42 U.S.C. § 405(g) seeking review of a final decision of the Secretary of Health, Education and Welfare denying her application for benefits. Helen de Castro is currently 60 years of age. She and the wage earner, Albert de Castro, were married on September 9, 1946, and were divorced on February 8, 1968, after more than 21 ye...
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MEMORANDUM DECISION By his pro se petition brought pursuant to 28 U.S.C. § 2255, petitioner, Rafael A. Barrezueta, attacks collaterally his 1973 conviction of distribution of heroin in violation of 21 U.S.C. § 841(a)(1). Petitioner was tried by a jury, Honorable William J. Bauer presiding, and upon his conviction, he was sentenced to four years in custody. He appealed, raising only one issue:...
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MEMORANDUM OPINION The trial of defendant Juan Herrera for the sale of a substance containing heroin in violation of 21 U.S.C.A. § 841(a)(1), presented an opportunity for analysis of the factual prerequisites for the admissibility against Herrera of the declarations of his co-defendant, Jose Rodriguez, who was asserted by the Government, although not alleged in the indictment, to be Herrera’s c...
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The State of Louisiana, for and on behalf of the National Turtle Farmers and Shippers Association, Inc., John L. Haydel, president of the association, and two individual turtle farmers have brought suit against the Secretary of H.E.W. and the Commissioner of Food and Drug Administration. The plaintiffs are seeking a declaratory judgment as to the validity of a regulation promulgated by the Commis...
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Plaintiffs Rodney Strain, Charles Strain, and C & J Truckers, Inc. have attempted to invoke the jurisdiction of this court through a complaint akin to a judicial Hydra. Plaintiffs contend that defendants have violated 42 U.S.C. §§ *6991981, 1982, 1983, and 1985, as well as Section 10(b) of the Securities and Exchange Act of 1934. To establish jurisdiction over these alleged violations, plaintiffs ...
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MEMORANDUM OPINION AND ORDER This is an action by an employee for damages under section 301 of the Labor Management Relations Act. The plaintiff alleges that he was wrongfully discharged from his job as a “hand trucker” on January 30, 1973. Defendants, the employer and local union, move independently,'but on substantially the same grounds, to dismiss the complaint and for summary judgment...
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MEMORANDUM OPINION AND ORDER This is an action under 42 U.S.C. § 405(g) to review the final decision of the Secretary of Health, Education and Welfare denying the claimant-plaintiff’s claim for “black lung” benefits under Title IV of the Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 921(a) and 922(a)(1). The plaintiff, William Gray, was bom in November 1914 and completed t...
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401 F.Supp. 15 (1975) THREE RIVERS ROCK COMPANY, Plaintiff, v. The M/V MARTIN, etc., et al., Defendants. No. 74-594. United States District Court, E. D. Missouri, E. D. September 30, 1975. *16 Lucas & Murphy, St. Louis, Mo., for plaintiff. Steven R. Glickstein, Goldstein & Price, St. Louis, Mo., for defendants. OPINION NANGLE, District Judge. In this action plaintiff Three Rivers Rock Co...
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MEMORANDUM This matter comes before the Court upon the motion of defendant to dismiss the indictment for failure to charge a federal crime. The defendant is charged by indictment with the following crime: That on or about July 26, 1975, in the District of Nebraska, on and with *950 in the Omaha Indian Reservation and within the Indian Country, Lawrence E. Tyndall, an Indian, did assault wit...
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OPINION The sole issue presented to the court for final hearing is plaintiffs’ attack upon the constitutionality of N.J.S. A. lSA:^-^. 1 This legislation provides in substance for periodic physical and mental examinations of teachers by directive of the Board of Education (hereinafter “Board”), and other physi *1097 cal and mental examinations when, in the judgment...
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Charlene Whitney sues Greater New York Corporation of Seventh-Day Adventists (Adventists), alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and denial of equal rights in violation of 42 U.S.C. § 1981. On or about December, 1967 Whitney was hired by Adventists to be a typist-receptionist. In addition, “but not incid...
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OPINION AND ORDER This is a § 1983 civil rights action brought by plaintiffs Cobb and Cordero for injunctive relief and a declaration that a New York City ordinance, requiring that an American flag be displayed at assemblies and parades, unconstitutionally infringes upon federally protected rights of free speech and assembly. On June 7, 1975, Paul Kreingold, a member of the steering ...
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OPINION AND ORDER Plaintiff has brought this action under § 10 and § 27 of the Securities Exchange Act of 1934 (the “Act”), 15 U.S.C. § 78j and Rule 10b-5 promulgated thereunder. The defendant now moves for summary judgment dismissing the complaint on the grounds that this Court lacks subject matter jurisdiction and that the action is barred by the doctrines of res judicata and collateral estoppel...
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MEMORANDUM AND ORDER This action has been brought by representative community groups, tenants, and individual homeowners residing in the University City Renewal Area Unit #5,1 2on behalf of themselves and all other persons similarly situated, seeking injunctive and declaratory relief against the United States Department of Housing and Urban Development (“HUD”) and the Redevelopment Authority of th...
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OPINION The defendant was convicted of air piracy despite his contention that at the time of the offense he lacked the mental capacity to conform his conduct to the requirements of law. Defendant’s motions for judgment of acquittal or a new trial were denied and sentence imposed. He has appealed, and I am filing this opinion in order to inform the Court of Appeals of my reasons for refusing his...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW William C. Humphrey, Regional Director of Region 5 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, brings this petition for a temporary injunction against respondents, International Longshoremen’s Association, AFL-CIO, International Longshoremen’s Association, AFL-CIO, Hampton Roads District Council; I...
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MEMORANDUM Jurisdiction of the Court is posited under 28 U.S.C. § 1332. Defendant filed its motion to dismiss under Fed. R.Civ.P. 12(b) with supporting affidavit and brief. Defendant alleged that the amount in controversy did not exceed the value of $10,000. For purposes of deciding this motion the facts are that defendant was obligated to plaintiff to “cut and gravel” a certain road through real ...
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MEMORANDUM OPINION In this suit filed pursuant to 42 U.S. C. § 1983 and 28 U.S.C. § 1343(3) and (4) plaintiff William Phillips seeks damages and declaratory and injunctive relief from the Chancellor of the Virginia Community College System, 1 the President of Central Virginia Community College (CVCC), the Dean of Arts and Sciences at CVCC and two professors at CVCC. The gravamen of plaintiff’...
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MEMORANDUM DECISION This case is presently before the court on cross-motions for summary judgment, the parties having submitted the case on the pleadings, an agreed statement of facts and other evidence presently on file. The relevant facts in this case are primarily undisputed, although the parties argue conflicting interpretations of those facts. Plaintiff Gerald Ronald Ivers is a Canadian ...
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MEMORANDUM AND ORDER RE COSTS Before the Court are defendant’s Bill of Costs and Supplemental Bill of Costs, the Clerk having in large measure denied defendant’s request for taxation. ■At issue are the expenses of defendant in connection with an expert witness, trial transcripts, depositions and travel. Defendant prevailed in a jury trial which ran from June 3 through June 11, 1975. A proposed Bi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: JURISDICTION This cause came on for trial on the issue of whether jurisdiction exists in this Court pursuant to the provisions of Title 28, U.S.C. Section 1332(c). The Court, sitting without a jury, having heard the evidence of the witnesses and having examined the documentary evidence submitted by both parties, and having heard the arguments of...
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MEMORANDUM OPINION Plaintiffs seek a temporary restraining order under Federal Rule of Civil Procedure 65 for the purpose of preventing the Secretary of State of the State of Illinois from revoking certificates necessary to their occupation in the auto salvage business. They also seek by the same order to restrain the Secretary of State from holding a hearing on the question of revocation...
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ORDER This action was commenced by plaintiff’s filing of a “complaint for foreclosure of real estate mortgage” on August 21, 1974. The suit seeks foreclosure of a real estate mortgage given by defendant-mortgagor, Gepada, Inc., to the National Bank of Des Moines, which in turn assigned the mortgage to Diversified Mortgage Investors (DMI), the plaintiff herein. DMI is a Massachusetts busin...
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*861 MEMORANDUM OPINION AND ORDER The sole question presented in this diversity action is whether plaintiff’s losses are covered by a Finance Company Blanket Bond issued by defendant. Specifically, this court must determine whether certain writings relied on by the plaintiff are “securities, documents, or other written instruments” as defined in the bond. In submitting this ...
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MEMORANDUM AND ORDER This matter is now before this Court on the motion of United States and the other defendants to dismiss for lack of jurisdiction over the subject matter of this action and for failure to state a claim upon which relief may be granted. Plaintiff operates radio broadcasting stations KTCR-AM and KTCR-FM in Hennepin County, Minnesota. The defendants include the Natio...
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OPINION AND ORDER This is a consolidated shareholders’ derivative action and shareholders’ class action brought by stockholders of defendant American Export Industries (“AEI”) pursuant to 15 U.S.C. §§ 77v (a) and 78aa et seq. Plaintiffs seek to set aside a management contract whereby AEI’s subsidiary, defendant National Equipment Rental, Ltd. (“NER”) was to be managed by defendant Canberra Managem...
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MEMORANDUM Defendants Milton and Barbara Parness move pursuant to Fed.R.Cr.P. 33 for a new trial based on newly discovered evidence on the ground that “the testimony of the prosecution’s witness-in-chief was false as to material matters” and “that at the time of trial the United States Attorney knew or should have known of material evidence favorable to the defendants which was not disclosed or...
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MEMORANDUM OPINION AND ORDER Plaintiff Franklin State Bank has brought this action against the United States asserting jurisdiction under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The bank seeks to recover damages for the allegedly negligent loss by the government of property in which the bank held a purchase money security interest at the time of the loss. Findings of Fact...
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MEMORANDUM AND ORDER In an indictment filed on December 4, 1974, defendants Conrad Louis Germain and Robert William Kane were charged with ten counts of knowingly using the mails for the carriage and delivery of obscene materials in violation of Title 18, United States Code, Section 1461. This matter is now before the Court upon the motions of defendants (1) for inspection of the minutes ...
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OPINION AND ORDER Plaintiff, Olga Ogrod, brings this action against the Commonwealth of Pennsylvania, seeking to vacate a Final Decree of Divorce entered in the Pennsylvania Court of Common Pleas, Philadelphia County on January 19, 1974. The complaint alleges that Plaintiff’s right to due process under the fourteenth amendment to the Constitution has been *116denied by the Commonwealth’s entry of ...
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MEMORANDUM OPINION AND ORDER This is a civil action by the plaintiff Dr. Berrios for money damages and for reinstatement to his right to practice his profession of anesthesiology at the defendant hospital. The jurisdiction of this Court is alleged under 28 U.S.C. §§ 1331, 1343, 42 U.S.C. § 1983, and 15 U. S.C. § 4. The defendants each moved, inter alia, to dismiss this action for failure to s...
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OPINION AND JUDGMENT The Commonwealth of Virginia has asked the court to review our previous order in this case, in which we indicated that the plaintiff has appeared to state a prima facie case for habeas corpus relief. Briefly, the ease is this. The plaintiff has on his driving record four convictions for traffic violations, each a misdemeanor. He has been declared an habitual offender ...
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MEMORANDUM AND ORDER In this action Sears, Roebuck and Company seeks a declaratory judgment to prevent the defendant General Services Administration (“GSA”) and various federal government officials from disclosing to intervenor Council on Economic Priorities (“CEP”) EEO-1 forms (“EEO-l’s”) and affirmative action plans (“AAP’s”) submitted by nineteen Sears branches to the General Services ...
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While the barge KCB-263 was employed uneventfully on its maritime business, the documents pertaining to the barge undertook a bizarre financial voyage of their own. The paper cruise gives rise to this litigation concerning who owns the barge. The parties agree that the barge once belonged to J. Rich Steers, Inc., and that, on November 15, 1965, Steers sold the barge to Sea Work Contractors, who to...
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ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S “MOTION TO STRIKE DEMAND FOR JURY TRIAL” This is an action by a former employee of defendant brought under the *349Age Discrimination In Employment Act of 1967, Sections 621 et seq., Title 29, United States Code (hereinafter referred to as “ADEA”). Plaintiff seeks reinstatement, back pay, liquidated damages, attorneys’ fees and costs on the b...
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MEMORANDUM AND ORDER Debtor-in-possession has appealed from three separate Orders made by. Hon. John J. Galgay, Bankruptcy Judge of this Court, dated respectively September 4, 1974, October 11, 1974 and October 17, 1974. Also before us for review is a Supplemental Order obtained on an ex parte basis on September 5, 1974 before Hon. Roy Babitt, a Bankruptcy Judge acting during t...
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MEMORANDUM AND ORDER Plaintiff in this case is seeking an injunction which will restrain the defendants from obtaining possession of their property which is located in the Frank *350 lin Town area of the City of Philadelphia. The plaintiff’s property was condemned for redevelopment as part of what is known as the Franklin Town Project and the plaintiff asks this Court to set ...
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ORDER This matter is before us on a “Motion for New Trial” filed by Defendants on September 15, 1975. A “Supplemental Motion For A New Trial” filed on September 17, 1975 cannot be entertained by this Court for lack of jurisdiction. U. S. v. Johnson, 487 F.2d 1318 (CA 5, 1974); U. S. v. Mathews, 335 F.Supp. 157 (D.C.Pa., 1971), appeal dismissed, 462 F.2d 182 (CA 3, 1972), cert. den., 409 U.S. 896, ...
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ORDER SUSTAINING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND OVERRULING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter came before the court on cross-motions for summary judgment. The court has considered the motions, supporting affidavits, the pleadings, answers to interrogatories and admissions and is of the opinion that the government’s motion should be sustained and the defendant taxpa...
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MEMORANDUM The matter comes before the Court on plaintiff’s motion for reconsideration of the Court’s oral findings delivered from the bench on August 15, 1975. Oral arguments by counsel led the Court to the conclusion that the motion is more properly one for clarification. The Court’s oral ruling on the motion for summary judgment was premised on the opinion of the United States Court of Appeals ...
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MEMORANDUM OPINION AND ORDER The original complaint was filed in this matter on April 22, 1975. The plaintiff, Leonard Rodgers, now seeks leave of Court to amend his complaint. Defendant, IBEC Housing Company, V.I., Inc. (hereinafter “IBEC”), has brought a motion to dismiss the proceedings pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, asserting that the statute of limitations has...
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MEMORANDUM AND ORDER Plaintiff in this action is an inmate at the Washington State Penitentiary at Walla Walla. He was returned to the Walla Walla penitentiary in April of 1971 following his escape the previous year. A disciplinary hearing on the escape charge resulted in a sentence of twenty days isolation in the punitive segregation unit of the penitentiary. Two days after his release from segr...
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MEMORANDUM OPINION On April 4, 1974, Attorney General William Saxbe directed the Watergate Special Prosecution Force “to investigate and prosecute all violations of law arising out of the preparation of President Nixon’s 1969 income tax return and the deductions in subsequent years for the gift of pre-Presidential papers to the National Archives . . . .” This case involves one of the...
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AMENDED MEMORANDUM AND ORDER This cause comes before the Court at this time on defendant Parsons & Whittemore, Inc.’s motion to quash service of process and to dismiss for lack of personal jurisdiction. Defendant Parsons & Whittemore, Inc. is a New York-based corporation whose business primarily involves the construction and operation of pulp mills and paper mills in foreign countries. To...
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ORDER Gwinnett Bank & Trust Company, respondent in the above-captioned matter, appeals to this Court from an order of the Bankruptcy Court entered in this case on May 12, 1975, holding respondent in contempt of court. The issue presented is whether the bankruptcy judge abused his discretion in holding respondent bank in contempt of court for exercising the right of set-off under the facts...
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MEMORANDUM ORDER Petitioner, Hubert Dale Smith, collaterally attacks his Illinois state court conviction for murder by a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2254 (1970). Petitioner’s conviction following a trial by jury in Winnebago County, Illinois, was reviewed and affirmed by the Illinois Appellate Court, Second District. People v. Smith, 108 Ill.App.2d 172,...
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MEMORANDUM DECISION This is a diversity action in which plaintiffs, Maxwell Pohn and S. M. & R. Co., Inc., both Illinois citizens, seek a declaratory judgment that defendant, Diversified Industries, Inc., a Delaware-Missouri corporate citizen, has breached a tripartite management agreement entered into among the parties on June 17, 1974, providing for Pohn’s management of S. M. & R. Diver...
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OPINION AND ORDER GRANTING MOTION OF DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY FOR SUMMARY JUDGMENT This action is one to recover benefits alleged to be due under group insurance policies by reason of the death of plaintiff’s husband. It is alleged that he died of a heart attack suffered while responding to a fire as part of his job at General Motors Corporation. Defendant Metropolitan Life I...
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MEMORANDUM AND ORDER This cage preSents a question of statutory construction of a relatively new federal statute. On October 25, 1974 plaintiff filed this action under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., predicating jurisdiction on 15 U.S.C. § 1719, which provides for concurrent jurisdiction in *2 Federal and State courts for any action enforcing a liabili...
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MEMORANDUM This matter is before the Court for a decision on the merits. The case was tried to the Court sitting without a jury pursuant to normal admiralty procedure. The Court being fully apprised of the premises hereby makes the following findings of fact and conclusions of law. Findings of Fact 1. The plaintiff, Midland Enterprises, Inc., (hereinafter Midland) is a corporation organized acc...
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MEMORANDUM AND ORDER On April 18, 1975, the jury returned guilty verdicts on each of three counts against the defendant William Sangemino, a Major in the United States Army Reserve. The three counts charged the defendant with conspiracy to defraud the United States, in violation of 18 U. S.C. § 371; with having accepted a bribe as a public official of the United States, in violation of 18...
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409 F. Supp. 1162 (1975) James H. CARTER, etc., Plaintiff, v. Sam TAYLOR et al., Defendants. No. CIV-2-75-119. United States District Court, E. D. Tennessee, Northeastern Division. September 25, 1975. *1163 D. Bruce Shine, Kingsport, Tenn., for plaintiff. Joseph O. Fuller, Kingsport, Tenn., Phillip L. Boyd, Rogersville, Tenn., for defendants. MEMORANDUM OPINION AND ORDER NEESE, District Judge. T...
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MEMORANDUM Petitioner, a Virginia prisoner, brings this habeas corpus action in which he claims that he was unconstitutionally denied sentence credit for time spent in the Nottoway County, Virginia, jail while awaiting trial on charges then pending in the Circuit Court of Nottoway County. Jurisdiction is conferred by 28 U.S.C. §§ 2241 and 2254. Petitioner has exhausted state court reme*429dies. Se...
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MEMORANDUM AND ORDER This matter is before the Court on former President Nixon’s Motion for a Protective Order to prevent plaintiffs from taking his deposition. Relying upon United States v. Nixon, 418 U.S. 683, 94 S.Ct. 3090, 14 L.Ed.2d 1039 (1974), defendant contends that the presidential privilege of confidentiality bars such discovery in this civil action. He argues that pl...
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MEMORANDUM AND ORDER In this action petitioner seeks a writ of habeas corpus to gain his release from Youth Center No. 1 in Lorton, Virginia. The pertinent facts are undisputed. On July 18, 1969, petitioner was sentenced in the United States District Court for the District of Columbia pursuant to the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5010(b), and thereupon committed to the custo...
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FINAL OPINION AND ORDER This action was filed on July 23, 1974, by Patricia C. McArthur and two other female former flight attendants of Southern Airways, Inc., against Southern and the Transport Workers Union and its Airline Stewards and Stewardesses Division which are the collective bargaining representatives of Southern’s flight attendants. Initially, the action was filed as a class ac...
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MEMORANDUM OPINION AND ORDER This case comes before the Court on defendant’s motion for summary judgment. The action was filed seeking review of a decision of the Secretary of Health, Education and Welfare finding the plaintiff Barbara Dvorak, a/k/a Barbara Palonsky, had received an overpayment in social security benefits to the extent of $650.20, and that she and her uncle, Alfred R. Giacchett...
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MEMORANDUM ORDER In this civil antitrust action, the Court has before it the motion of defendant National Car Rental System [National] to dismiss the complaint for failure to state a claim or, in the alternative, to limit the scope of the action in a variety of ways. 1 Oral argument was heard on the motion on March 11, 1975. Since the Court has received and considered affidavit...
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MEMORANDUM OF DECISION This action has been submitted for a decision on the merits on a stipulation of facts and memoranda of counsel. It is not necessary for an understanding of the court’s decision to elaborate on the facts which give rise to the litigation. A short statement will suffice. Plaintiff, during 1967, 1968, 1969 and 1970, systematically embezzled funds of his employer, the Mab...
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OPINION Pursuant to the Court’s directions on May 5, 1975, the parties have briefed their positions on the issue of the Court's subject-matter jurisdiction over this case, which has been brought under the Securities Act of 1933, 15 U.S.C. § 77v, and the Securities Exchange Act of 1934, 15 U.S.C. § 78aa. Plaintiffs, originally F. O. F. Proprietary Funds, Ltd. (“FOF Prop.”) and John W....
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This is a petition for a writ of habeas corpus. The petitioner, Richard Martuzas, was convicted after a jury trial in Jefferson County Court, on November 4, 1971, of the crime of criminal possession of a dangerous drug in the third degree. He was sentenced to an indeterminate term to have a maximum of five years and is presently on parole. His conviction was affirmed by the Appellate Division, Fou...
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ORDER In this action Plaintiff challenges the procedure whereby the Army and Air Force Exchange Service (AAFES) solicited and awarded contracts for soft drink vending machine concessions at Ft. Sill, Oklahoma and Altus Air Force Base, Oklahoma. Both of these installations are located within this Judicial District. Also named as Defendants are the United States, Jim Uechi, Contracting Offi...
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ORDER This action is brought by the United States on behalf of its agency, the Small Business Administration (SBA), to recover sums of money allegedly due and owing on promissory notes personally guaranteed by the Defendants. Jurisdiction is based on the provisions of 28 U.S.C. § 1345 wherein the United States is Plaintiff in the action and also on the provisions of 15 U.S.C. § 634(b) as to actio...
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MEMORANDUM AND ORDER This matter comes before the Court on motion of defendant William Harvey Research Corporation under 28 U.S.C. § 1404(a) to transfer the suit to the United States District Court for the Middle District of Pennsylvania. For reasons hereinafter set forth, defendant’s motion is denied. Plaintiff and plaintiff’s incompetent, both residents of Steelton, Dauphin County,...
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OPINION AND ORDER This Defendant has filed a Motion to Suppress evidence, Methaqualone (hereinafter “M”), seized in the execution of a search warrant allegedly issued without probable cause. The Motion will be denied. On April 11, 1975, United States Magistrate William L. Glosser issued search warrants for the premises at 6001 Sixth Avenue and 1614 Second Avenue, Altoona, Pennsylvania, on the Affi...
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MEMORANDUM This is an action for alleged deprivation of Constitutional rights in connection with certain proceedings in the Knox County General Sessions and Circuit Courts. Plaintiff, in a pro se complaint, states that this Court has jurisdiction pursuant to 42 U.S.C. §§ 1983, 1985, and 1986 and 28 U.S.C. § 1343. It appears from the face of the complaint that the alleged w...
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MEMORANDUM OPINION AND ORDER Came on for consideration before the Honorable Robert M. Hill, United States District Judge, this action to enforce a judgment Valley Bank of Nevada, plaintiff, obtained against Clyde E. Skeen and wife, Helen M. Skeen, defendants, in this court on December 7, 1973. The parties have submitted the case to the court on the basis of stipulated facts and briefs. The ques...
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DECISION AND ORDER This is a criminal tax case in which the Government has charged defendants with two counts of attempting to evade and defeat income taxes. The defendants brought several pretrial motions which this Court denied in a written opinion issued August 13, 1975. The defendants have moved the Court to reconsider the order denying their motions to compel election or for severance, and to...
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OPINION AND ORDER It is hereby ordered that this Court, having received and considered plaintiffs’ motion for summary judgment dated June 16, 1975, and having received and considered all subsequent memoranda relating thereto, finds that plaintiffs’ motion should be and is hereby granted. This Court has jurisdiction, pursuant to 28 U.S.C. § 1361, to consider plaintiffs’ claims. This case is ...
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MEMORANDUM AND ORDER Plaintiff Environmental Tectonics Corporation (ETC), a disappointed bidder for a government contract, comes before the Court at this time seeking a preliminary injunction. Although ETC had made the low bid on the contract in question, it was declared non-responsible—i. e., unlikely to be able to perform adequately on this contract— by the procurement agency. The contract ther...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-styled action came on for evidentiary hearing before the Court without a jury on September 18 and 19, 1975. The Securities and Exchange Commission (“SEC”) brought the pres *1251 ent action to preliminarily and permanently enjoin alleged violations of Sections 10(b), 13(a), 13(d) and 14(a) of the Securities Exchange Act of 1934...
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MEMORANDUM OF DECISION Defendants have filed this motion to dismiss plaintiff’s claim for lack of subject matter jurisdiction, lack of personal jurisdiction over defendant Interbank Card Association (Interbank), and for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) Fed.R.Civ.P. Due to the need for factual determinations prior to decision on two of the g...
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OPINION AND ORDER I The Litigation In this diversity action plaintiff seeks specific performance and damages as a result of defendant’s alleged breach in 1971 of a contract to sell the sailing vessel “Cruz del Sur”. R. C. Craig Limited is a Canadian corporation. Its president and principal stockholder, Ronald C. Craig who is a citizen of Canada, was originally named as ...
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MEMORANDUM DECISION This is a diversity action in which plaintiff, Michigan Mutual Liability Insurance Company, a Michigan corporate citizen, seeks contribution from defend*560ant, Great American Insurance Company of New York, a New York corporate citizen, in respect to payments made by plaintiff in settlement of claims made by persons injured during the construction of the Marina City apartment ...
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MEMORANDUM DECISION Petitioner, Ivory Hubbard, seeks habeas corpus relief from Illinois armed robbery and murder convictions. 28 U. S.C. §§ 2241, 2254. He is incarcerated at the Stateville Branch of the Illinois. State Penitentiary. His convictions following a jury trial were affirmed by the Illinois Supreme Court. People v. Hubbard, 55 Ill.2d 142, 302 N.E.2d 609 (1973). He did not seek revie...
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This wrongful death suit was instituted in this Court on October 9, 1973. Diversity jurisdiction exists pursuant to 28 U.S.C. § 1332. 1 The suit arises out of an accident which occurred in the State of New Jersey on March 8, 1973. The Maryland conflict of laws rule, applicable in this case in this federal Court pursuant to the teachings of Klaxon Co. v. Stentor Electric Manufac...
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ORDER This motion to dismiss was heard by the Court on August 18, 1975. After careful consideration of the pleadings, memoranda, and pertinent authorities, the Court orders that the motion be allowed and that the case be dismissed. The facts underlying plaintiff’s cause of action can be briefly stated. Plaintiff Fennelly is a member in good standing of defendant union, Local 971, affiliated with U...
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. MEMORANDUM AND ORDER On June 16,1975, Bankruptcy Judge Taylor entered an order determining that a debt owing to Betty Ann Jones in the sum of $37,225.90 plus interest to date of bankruptcy is nondischargeable and ordering judgment to be issued in the sum of $38,-121.25. On the same day, a separate judgment in said sum was entered in favor of Betty Ann Jones and against bankrupt. The Bankruptcy C...
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This is a suit 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 modifying a prior determination of the hearing examiner as to plaintiff’s period of disability under § 216(i) of the Act, 42 U.S.C. § 416(i), and the amount of disability insurance to which the plaintiff is entitled under § 223 of the Ac...
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*583 OPINION Plaintiffs commenced these actions in 1970 and 1972, respectively, alleging, inter alia, that defendant The Diners’ Club, Inc. (“Diners’ ”) breached a contract to register certain unregistered Diners’ stock held by them. In addition, plaintiffs asserted two claims alleging violations of § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)), a...
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MEMORANDUM AND ORDER Plaintiff, Edward A. Skroch, Jr., is a judgment creditor of the defendant, Albert Kundert, by virtue of a judgment in the amount of $26,835.00, entered in Cass County District Court on November 6, 1973. Subsequent to the entry of judgment, defendant filed a petition for bankruptcy on September 6, 1974. The plaintiff’s judgment had not been satisfied. Among the statutory e...
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MEMORANDUM OPINION AND ORDER The question raised by defendant’s motion for summary judgment is whether as a matter of law a plaintiff who alleges he was induced by misrepresentations to hold on to stock declining in value states no claim upon which relief can be granted. Plaintiff’s Complaint, alleging violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the...
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*371OPINION This is an application for a writ of habeas corpus, temporary restraining order and preliminary injunction brought by the petitioner, Angelo J. Russo, pursuant to 28 U.S.C. § 2241. The petitioner, Angelo J. Russo, is a former member of the Pennsylvania Army National Guard and claims to have been improperly ordered to active duty due to his failure to satisfactorily participate in sche...
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MEMORANDUM OPINION The case now before the Court involves only two ultimate issues. First, Plaintiff contends that she was denied employment in Defendant’s outside advertising sales department because of her sex, and second, she contends that Defendant retaliated against her in various ways, including discharge, because she filed a charge of discrimination against Defendant with the Equal...
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OPINION AND ORDER The plaintiffs, Royal W. Sims and the R. W. Sims Trust, brought this action under 28 U.S.C. Section 1338(a) (1970) 1 and 35 U.S.C. Section 271(b) (1952) 2 alleging infringement of Patent No. 2,859,949 by the defendant, Western Steel Company. Plaintiffs seek a permanent injunction against further infringement of the patent by the defendants, an accou...
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MEMORANDUM This matter is before the Court on each of the two motions to dismiss plaintiff Gilbert W. Beasley’s amended complaint against defendants Virginia Motor Freight Express, Inc. and Local Union 592 of the International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America. The complaint charges four separate causes of action based on racial discrimination under: 1) Tit...
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MEMORANDUM OF OPINION After an extensive trial, this Court issued its Memorandum of Opinion and Final Judgment and Order in the above-noted case on September 23, 1974. The Court found that despite defendants’ violation of the antitrust laws, plaintiffs, independent newspaper dealers for The Argus and The Daily Review, failed to establish their damage claims. In the exercise of its equitable...
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MEMORANDUM OPINION AND ORDER Plaintiff Johannah Letz has instituted this action pursuant to 42 U.S.C. § 405(g), to review a “final decision” of the Department of Health, Education and Welfare (HEW) partially denying her old-age insurance benefits under the Social Security Act. 1 Both parties, after waiving oral argument, have moved for summary judgment, and the case is before the Court upon t...
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This case involves pre-enforcement judicial review of the Federal Trade Commission (“Commission” or “FTC”) annual line-of-business reporting program. 1 2 Previously this Court preliminarily enjoined the defendant Commission from enforcing its Orders to File Form LB against the plaintiffs in this action and related litigation.* The instant controversy arises over two discovery ...
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ORDER This is an action brought by former recipients of benefits under the Georgia Aid to Families with Dependent Children (AFDC) Program, for declaratory and injunctive relief regarding termination of those benefits. Jurisdiction is alleged under 5 U.S.C. §§ 701-06; 28 U.S.C. §§ 1331, 1361; and 42 U.S.C. § 1983. Defendants are state and federal officials responsible for general supervisi...
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ORDER This is an action arising under Section 10(b) of the Securities and Exchange Act of 1934 as amended, 15 U.S.C. § 78j(b) and the rules and regulations of the Securities and Exchange Commission promulgated thereunder, specifically Rule 10b-5. 17 C.F.R. § 240.10b—5. Jurisdiction is predicated upon Section 27 of the Act, 15 U.S.C. § 78aa. *665Presently before the Court is a motion by the indivi...
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In this case, the plaintiff Lineas Aereas Paraguayas (LAP, the Paraguayan airline) and several individual plaintiffs seek damages from the defendant, Fairchild Hiller Corporation, as a result of the crash of an airplane owned by the defendant during a demonstration flight at General Stroessner International Airport, Asuncion, Paraguay, on May 8, 1969. The sole issue herein is what Paraguayan law ...
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MEMORANDUM OPINION This action was brought by the plaintiff, Florence A. Haneke, as the surviving spouse of August B. Haneke under 28 U.S.C. § 1346(a)(1) 1 to recover certain federal estate taxes with respect to the estate of her husband who died March 23, 1971, domiciled in Maryland. The parties have submitted the matter for the court’s determination upon the record without a ...
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MEMORANDUM On September 16, 1975, International Business Machines 'Corporation, defendant in this action, presented to the court for filing a “Notice of Motion to.Strike Certain of Plaintiff’s Trial Exhibits Admitted into Evidence,” dated September 15, 1975, together with supporting papers. No proof of service was submitted with those papers at that time or at any time thereafter. According to the...
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MEMORANDUM AND ORDER This is an action brought under 42 U.S.C.A. § 405(g) to review á decision of the Secretary of Health, Education and Welfare, denying the plaintiff’s claim, as a widow of a miner, for “Black Lung” benefits, pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.A. § 901 et seq. Under the Act, benefits are payable to living miners who are ...
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MEMORANDUM AND ORDER Plaintiff, Rupali Bank (“Rupali”), a Bangladesh banking company, seeks to recover the sum of $648,294.94 from defendant, Provident National Bank (“Provident”). The principal office of the Muslim Commercial Bank, Ltd., (“Muslim Bank”) in Karachi, West Pakistan, made arrangements with Provident to collect and deposit in a dollar account the proceeds from certain export transa...
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MEMORANDUM OPINION The defendant’s motion to dismiss presents the issue of whether the defendant foreign-corporation is without *56 the ever-expanding grasp of the Texas “Long-Arm” Statute. 1 The plaintiffs’ diversity action sounds in products liability and arises from a 1974 Louisiana automobile collision involving a Volvo automobile manufactured by Volvo Aktieb...
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MEMORANDUM AND ORDER This is an action whereby the named plaintiff, John M. Urban, sues on behalf of himself and a class of 53 others, allegedly similarly situated, to obtain certain preliminary and permanent injunctive relief. The complaint is directed against Harold Breier, Chief of the City of Milwaukee Police Department; it charges that he, together with his officers and agents, has c...
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MEMORANDUM OPINION This is a race discrimination case brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. § 2000e-16(c) (Supp. III, 1973). There is no administrative record because the complaint was filed in this court when EEOC failed to act on plaintiff’s administrative complaint within the statutory 180-day period. Jurisdiction is founded on 42 U.S.C. §§ 2000e-5(f...
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MEMORANDUM DECISION Statement of Facts On March 5, 1975, plaintiffs filed this action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983, 28 U. S.C. § 2201, and 28 U.S.C. § 2283, based on alleged violations of their Fifth, Seventh, and Fourteenth Amendment constitutional rights 1 stemming from the Hawaii Supreme Court’s “re-location” of their property’s...
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DECISION This case comes on to be heard on the motion of the defendant for summary judgment. The motion is based on defendant’s affirmative defense that the bill of lading between the parties required all claims for loss or damage to be made within nine months of shipment and that the claim filed herein was filed more than one year after shipment. The defendant’s motion is sup *715...
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This is an action filed pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (1970), wherein the plaintiff, Mrs. Marion V. Storck, seeks review of the final decision of the Secretary of Health, Education and Welfare (“Secretary”) denying her claim for disability benefits. Defendant has moved for summary judgment, and plaintiff has moved alternatively for remand to the Secre...
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OPINION ON MOTION FOR SUMMARY JUDGMENT On July 7, August 11 and October 5, 1967, plaintiff, who is in the business of growing and marketing fish, purchased trout from defendant, taking delivery of same at defendant’s Castalia Farms, Ohio operation. Within a year, according to the plaintiff, the fish had become infected with “whirling disease.” Subsequently, on September 30, 1971, plaintiff filed ...
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MEMORANDUM This matter is before the Court for a decision on the merits. Harold Peter Entringer, the defendant is charged by indictment with a single violation of § 1462, Title 18, United States Code. The defendant has waived his right to a jury trial, and the facts particular to this ease were stipulated to by the defendant, his counsel, and the United States Attorney. The Court being fully appri...
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OPINION Andrew Perry, a former Newark policeman, was convicted of attempted extortion in violation of N.J.S.A. 2A:85-5 and 2A:105-1. He is presently serving two years probation, and petitions for a writ of habeas corpus. 1 The petitioner appealed his conviction to the Appellate Division of the New Jersey Superior Court and to the New Jersey Supreme Court. Both courts affirmed his conviction...
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MEMORANDUM On August 22, 1975, the United States of America, plaintiff in this antitrust case, filed a Notice of Motion, together with a supporting affidavit and memorandum of law, seeking “an Order pursuant to Rule 45 of the Federal Rules of Civil Procedure authorizing the Clerk to issue a subpoena to the International Business Machines Corporation [defendant in this action] commanding it to prod...
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OPINION Appellant Dime Savings Bank of New York (“the Bank”) appeals from a bankruptcy judge’s order dated March 4,1975, enjoining enforcement of its first mortgage lien against the personal dwelling of the debtor, Richard Cassidy. The Bank had obtained a default judgment of foreclosure in the New York Supreme Court, Suffolk County, on February 8, 1974. A referee in foreclosure was appointed an...
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MEMORANDUM The defendant, Patricia Swinton, has moved for an order granting her application to participate as co-counsel in the trial of the indictment pending against her. She is charged with aiding and abetting and conspiring to bring about the destruction of property of the federal government in a series of bombings which took place in New York City in the fall of 1969. The defendant had bee...
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OPINION This is a suit arising under the patent laws in which the inventor and patentee, Maclaren, and his American licensee, Bell, charge defendants B-I-W Group Incorporated 1 and Cross River Products, Inc., with wilful infringement of United States Letters Patent No. 3,390,893, issued to Maclaren for “Structures for Folding Baby-Carriages, Chairs and the Like” on July 2, 1968...
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MEMORANDUM OPINION This civil rights action alleging violations of the equal rights provisions of 42 U.S.C. § 1981 is brought by a number of black persons who were employed by Defendant Lee Way as over-the-road truck drivers. Plaintiffs are members of Defendant Local 886 which entered into a Collective Bargaining Agreement with Defendant Lee Way. Plaintiffs assert they were hired by Defen...
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ORDER GRANTING SUMMARY JUDGMENT This personal injury action arises from a collision occurring on a county road in Wagoner County, Oklahoma, on November 1, 1972. Plaintiffs were all occupants in an automobile which had stopped behind Defendant’s service vehicle which was stopped on the roadway for the purpose of making repairs to utility lines when Plaintiffs’ automobile was struck from behind by ...
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MEMORANDUM ORDER This ease is before the court on cross-motions for summary judgment. Plaintiffs taxpayers filed joint returns for the tax years 1970, 1971 and 1972 on which the rental paid by plaintiff husband, a practicing physician, on his office space was claimed as a necessary and proper business expense under Sec. 162 of the Internal Revenue Code of 1954. Because these business premises...
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MEMORANDUM AND ORDER Plaintiff’s decedent, Michael B. Moyer, a soldier on active duty in Germany, died of complications following surgery for appendicitis. This suit was brought under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, against the United States to recover damages for the alleged malpractice of army medical personnel. Presently before the court is def...
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MEMORANDUM OPINION This action was filed originally in the 51st Judicial District of Texas in and for Irion County. Defendant, CRA, Inc. (CRA) subsequently removed the case to this court. The parties to this suit are citizens of different states, the amount in controversy exceeds $10,000.00, and this court has jurisdiction under 28 U.S.G. § 1332. The above case was tried before the c...
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ORDER OF DISMISSAL The facts of this case are elementary and not in dispute. On May 20, 1969 the Plaintiff—Turner was hired by the Defendant-—Texas Instruments. On August 1, 1969 Turner was dismissed from his employment with the Defendant and on August 5, 1969 he filed charges of employment discrimination with the EEOC. After approximately four years the EEOC issued Turner a letter statin...
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MEMORANDUM OF DECISION GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING IT IN PART, AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND RULING ON ISSUE In this action brought under the Warsaw Convention, the parties have made cross-motions for summary judgment. Defendant seeks a partial summary judgment precluding recovery of either Plaintiff for alleged psychos...
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ORDER This is an antitrust action in which plaintiff claims that defendants have attempted to monopolize the disposable plastic glove industry. On February 11, 1975, plaintiff moved, pursuant to Rule 37 of the Federal Rules of Civil Procedure, to compel defendants to produce certain documents which defendants claimed were protected from disclosure under the attorney-client privilege.1 By Memorandu...
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*1099 MEMORANDUM OPINION This case is brought by two unions: the International Association of Firefighters, AFL-CIO and its local affiliate, Elk Grove Firefighters Local No. 2340, against certain officials of the Village of Elk Grove. The Village officials have forbidden captains and lieutenants of the Elk Grove fire department to belong to any union which also has as members ran...
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OPINION Winson and Carrie Green, parents of the deceased minor child, Betty Francis Green, age six, filed suit December 6, 1972 for wrongful death and survivor-ship damages incurred as a result of a December 21, 1971 accident at the Jefferson Street, Mansfield, Louisiana crossing of the main line of The Kansas City Southern Railway Company. This is a tort suit. Jurisdiction is based on diversity ...
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OPINION This is a civil action for breach of contract and for breach of implied and express warranties which was tried to the Court. Jurisdiction is based on 28 U.S.C.A. § 1332. Plaintiff Rust Engineering Company (Rust) is a corporation organized under the laws of the State of Delaware and defendant Lawrence Pumps, Inc. (Lawrence) is a corporation organized under the laws of the Commonwealth of...
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MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND REMANDING CAUSE TO THE SECRETARY FOR FURTHER ADMINISTRATIVE ACTION This is an action brought pursuant to the provisions of 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education, and Welfare denying plaintiff Whittle’s application for disabled widow’s insurance benefits under 42 U.S.C. § 402(e...
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FINDINGS OF FACT A.ND CONCLUSIONS OF LAW This cause was tried to the court and briefed by both parties. The court makes the following findings of fact and conclusions of law: Findings of Fact 1. This is an action in two counts: Count 1 for age discrimination under the provisions of 29 U.S.C. §§ 621-634; and Count 2 under the Missouri Service Letter statute, 290.140 R.S.Mo. 1959. 2. Defendant Hil...
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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. WEI-GEL,* Judges of the Panel. A Boeing 707 aircraft, being operated as Pan American Flight No. 812, crashed into a mountain on the Island of Bali, Indonesia, on April 22, 1974. All 96 passengers and eleven crew members died as a resul...
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OPINION Petitioner was charged in Hudson County Indictment No. 374-72 with the first degree murder of Joshua Fields, in Jersey City, New Jersey, in violation of N.J.S.A. 2A: 113-1 and 2A:113-2. On March 26, 27, 28 and 29, and April 2, 1973, petitioner was tried before the Honorable Thomas S. O’Brien, J.S.C., and a jury. Petitioner was found guilty of the second degree murder of the deceased, wh...
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MEMORANDUM OPINION AND ORDER Petitioner, a state prisoner, has filed an application for a writ of habeas corpus. Petitioner was tried at the October 1973 Session of the Superior Court of Wilson County upon a bill of indictment charging two offenses in violation of state laws: (1) breaking and entering with intent to commit a felony, and (2) larceny. He was convicted by a jury of breaking and enter...
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MEMORANDUM AND ORDER This is an action in interpleader brought by plaintiff, The Lincoln National Life Insurance Company (Lincoln), against competing claimants to the proceeds of a life insurance policy on the life of John H. Blight, who died on or about December 22, 1972. The claimants are the designated primary beneficiary, the contingent beneficiaries and the administratrix, c.t.a., of...
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405 F. Supp. 128 (1975) Andrea M. McCLEARY and Eleanor Williams, etc. v. REALTY INDUSTRIES, INC., etc and Carla Hills, Secretary, U. S. Dept. of Housing & Urban Development. Civ. A. No. CA 75-0258-R. United States District Court, E. D. Virginia, Richmond Division. September 18, 1975. *129 Robert F. Flinn, John M. Levy, Neighborhood Legal Aid Society, Inc., Richmond, Va., for plaintiffs. Rober...
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MEMORANDUM DECISION Plaintiff, James McLean, a Chicago Police Officer, filed this civil rights action against the Superintendent and First Deputy Superintendent of the Chicago Police Department, the Chicago Police Board and one of its Hearing Officers, an Assistant Corporation 'Counsel of the City of Chicago and various command officers of the Chicago Police Department, alleging that cert...
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MEMORANDUM OPINION This action was brought by the United States of America against Henry Newton Brown, Jr., alleging that the defendant used certain property to infringe the copyrights of other persons in sound recordings protected under the copyright laws of the United States. The plaintiff, although possessing no proprietary interest in the copyrights infringed, seeks to have the defendant “d...
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MEMORANDUM OPINION This action is before the Court on Motion of the plaintiff, C. R. Moore, to Remand this case to the Circuit Court of *930 Leake County, Mississippi, and on Motion of the defendant, Sentry Insurance, for Summary Judgment. On January 24, 1975 the plaintiff recovered a $40,000 judgment in state court against a Mississippi company, the Cadillac Corporation, and...
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MEMORANDUM AND ORDER Presently pending is the motion of defendant Johns-Manville Sales Corporation (JMSC) for the entry of summary judgment in its favor and the dismissing of plaintiffs’ complaint. Since 1967, JMSC has been exploring for minerals of economic value within the Custer National Forest in an area known as the “Stillwater Complex.” On October 25, 1975, JMSC requested written approv...
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These actions were consolidated. They concern the parole of Albert M. Billiteri, who was fined and sentenced to a term of five years in 1972 by the late Chief Judge John 0. Henderson after entering a guilty plea to a violation of the general conspiracy statute, 18 U.S.C. § 371. In March of 1974 the United States Board of Parole issued an order which denied parole and provided that Billiter...
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MEMORANDUM and ORDER This is a case in which plaintiffs allege seven causes of action. The first and fourth causes of action, the only ones which present federal claims, allege that defendants are liable to plaintiffs for damages for violation of the federal civil rights law, 42 U.S.C. § 1983. The remaining causes of action allege various claims under state law including wrongful death, slander...
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*701MEMORANDUM DECISION Petitioner, a state prisoner, has been granted leave to file in forma pauperis an application for a writ of habeas corpus. Petitioner, represented by court appointed counsel, was convicted upon his pleas of guilty of kidnapping, larceny of an automobile, escape and assault with a deadly weapon, at the September 26, 1971 Session of the Superior Court of Wake County, North Ca...
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ORDER Plaintiff’s action arises from an alleged breach of a property settlement Agreement by her former husband. Subject matter jurisdiction is alleged to exist on the basis of diversity of citizenship 1 and amount pur *13 suant to 28 U.S.C. § 1332. The controversy herein appears to involve a provision in said Agreement concerning the sale of certain real estate fo...
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MEMORANDUM AND ORDER Plaintiff, in this civil rights action, has filed a Motion for Leave to file an Amended Complaint in order to substitute a new party for one incorrectly named in the original Complaint. The basis of plaintiff’s cause of action under 42 U.S.C. § 1983 is the alleged failure of certain doctors and prison officials to render medical treatment while he was incarcerated in various S...
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MEMORANDUM Defendant Great Atlantic and Pacific Tea Company has moved the Court to dismiss plaintiff William R. Raynor’s cause of action under Fed.R.Civ.P. 12(b) (1) for lack of jurisdiction. Plaintiff instituted this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. which makes age discrimination employment practices against persons age...
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MEMORANDUM Plaintiff, an inmate at the Virginia State Penitentiary, brings this action against a city jailor, one Captain Evans, alleging that Evans willfully or negligently interfered with plaintiff’s access to the courts by failing to transmit to* this Court plaintiff’s petition for a writ of habeas corpus and the accompanying filing fee. Plaintiff’s petition has subsequently been filed with thi...
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MEMORANDUM AND ORDER This is an action commenced by the plaintiff named above in an effort to obtain injunctive relief and monetary damages to compensate losses allegedly sustained as a result of an unconstitutional garnishment action instituted against it in Branch One of the Shawano-Menominee County Court, Shawano County, Wisconsin. The defendants include the individual plaintiff named ...
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MEMORANDUM OPINION AND ORDER Sitting by Designation. This matter comes before the Court on Defendant’s Motion for Judgment of Acquittal, or in the alternative, for a New Trial. Trial of this matter was held on August 7, 1975, in Cheyenne, Wyoming, after which the jury returned a verdict of guilty against defendant on a one-count indictment of violation of 18 U.S.C. § 111, resisting or assault...
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OPINION AND ORDER The factual background in this case is rather involved and, therefore, the facts *179 involved herein will be set forth at length so as to allow for the examination of petitioners’ legal claims in the context of this unique factual setting. There is no disagreement about the facts of this case. The only disagreement is what legal consequences flow from these facts. On Febr...
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OPINION AND JUDGMENT ' Before TRASK, Circuit Judge, and CRAIG and COPPLE, District Judges. The above entitled causes of action were consolidated for hearing cross motions for summary judgment before a three-judge court. Plaintiffs in both actions seek injunctive relief and in Cause No. Civ. 73-626, plaintiffs also seek declaratory relief. This court has jurisdiction pursuan...
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MEMORANDUM OPINION AND ORDER In this habeas corpus action petitioner seeks to void his present thirty to forty year state imprisonment on the grounds that he is being held in penal custody unlawfully and in violation of the United States Constitution. *497 I. Following a jury trial in 1972, petitioner was convicted in the District Court of Denver of aggravated robbery and conspiracy to co...
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PRETRIAL MOTIONS I. Introduction This is a civil rights action brought by plaintiff Katherine Beavers, an indigent minor, on behalf of herself and the class of children who are under the custody of the Juvenile Division of the Illinois Department of Corrections, seeking a declaratory judgment regarding the constitutionality of and to enjoin the enforcement and execution of Ill.Rev.Stat., ch. 38 § ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having come before the Court on Plaintiff’s Motion for Preliminary Injunction and for Return of Seized Property; the Plaintiff having appeared personally through its President, David L. Heilman, and its attorneys, William J. Nellis and James L. Coghlan, the Court having heard testimony, June 6, 1975, on behalf of Plaintiff by said Preside...
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On June 26, 1973, the City of Baton Rouge and Parish of East Baton Rouge (City-Parish) made two deposits to the City-Parish checking account with the Louisiana National Bank in Baton Rouge, Louisiana. These two deposits, intended for the account of the City-Parish, totaled $114,981.38. Whether by malfunction of the encoding machine at the bank, or by operator error, or by intentional misconduct...
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MEMORANDUM This matter came before the Court on the basis of a petition filed under 28 U.S.C. § 2255. Petitioner moves that his conviction should be set aside and that two concurrent five-year sentences imposed for violations of 21 U.S.C. § 174 and 18 U.S.C. § 2(b) should be vacated. Petitioner argues that he was denied effective assistance of counsel at his trial because “an attorney not familia...
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*503OPINION 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 consists of ten actions pending in four districts: seven in the District of Minnesota and one each in the Northern District of Georgia, the Northern District of Alabama and the Dist...
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MEMORANDUM OF DECISION Melvin George Brown, an inmate at the Nebraska Penal and Correctional Complex, has petitioned this court for a writ of habeas corpus. He was sentenced to imprisonment for ten to twenty years by the District Court of Lancaster County, Nebraska, on April 13, 1972, following his conviction for robbery, with the sentence increased by virtue of the Nebraska Habitual Criminal A...
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OPINION AND ORDER This is a petition to confirm and enforce an arbitration award, brought originally in New York State Supreme Court and removed to the Southern District pursuant to 28 U.S.C. § 1441 and 29 U.S.C. § 185 on May 22, 1975. Respondent now moves to dismiss on the ground that the present dispute is not within the scope of the award, and that this Court must defer to the arbitrati...
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MEMORANDUM AND ORDER This is a petition to vacate a plea of guilty and sentence, for unlawful possession of heroin, on the basis of the court’s alleged failure to mention the requirement of a special parole term at the time the plea of guilty was accepted. Facts Petitioner and one Nestor Machin were indicted for possession of heroin with intent to dispense and conspiracy to dispense and d...
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OPINION This is a diversity action in which plaintiff Ronald McHone, a minor (who was two years of age at the time pertinent herein), seeks damages for personal injuries suffered on an escalator in defendant Montgomery Ward & Company’s store in Portsmouth, Ohio. Ronald’s father, Horace McHone, has already sued Montgomery Ward and the escalator manufacturer, Haughton-Peele Corporation, in ...
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OPINION AND ORDER This is a civil rights action brought pursuant to 42 U.S.C. § 1983 (1970) and the Fourteenth Amendment to the United States Constitution. Jurisdiction is asserted pursuant to 28 U.S.C. §§ 1331(a) and 1343(3) (1970). Plaintiff seeks injunctive relief ordering her reinstatement as a public school teacher in the Reynoldsburg, Ohio, school system, and an award of back pay. The amo...
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ORDER The Plaintiff filed this action pursuant to the Securities Act of 1933 and the Securities Exchange Act of 1934 seeking to enjoin the named Defendants from certain acts, practices and courses of business. In its Complaint Plaintiff sought a preliminary injunction, a per*599manent injunction and also requested the appointment of a Receiver. By Motion, as amended, Plaintiff requested a prelimin...
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MEMORANDUM AND ORDER This ease is before the court on petitioners’ applications for writs of habeas corpus. Petitioners Theodore James Santos, Jr. and Paul Richard, a/k/a Richard Anthony Harris, were tried together and ultimately convicted of unlawful possession with intent to deliver a Schedule I controlled substance; to wit, 225 pounds of marijuana, in violation of Section 13(a) (30) of the C...
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MEMORANDUM Plaintiff and defendants Trans World Airlines (hereinafter TWA) and International Association of Machinists and Aerospace Workers (hereinafter Union) have filed cross motions for summary judgment. The relevant facts are not in dispute. *138Early in June, 1970, the plaintiff was discharged by TWA. Subsequently, a grievance was filed under the procedure established in the collective barg...
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OPINION AND JUDGMENT In this case the Government contends that General Electric is violating the provisions of the Fair Labor Standards Act by paying men more than it pays women to perform essentially equal functions. 1 GE denies the charge and defends its pay scale on the grounds that the functions which the men perform require greater skill, effort and responsibility than those which the wo...
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OPINION and ORDER Plaintiff William Springston alleges in this suit that the Superintendent of the Harrisonburg City Schools, the six members of the Harrisonburg City School Board and the principal of Thomas Harrison Junior High School violated his constitutional rights in refusing to renew his contract as a guidance counselor at Thomas Harrison Junior High School. 1 Plaintiff’s initial compl...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action seeking review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff the establishment of a period of disability and disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423. Jurisdiction of this court is pursuant to § 205(g) of the Act, 42 U.S.C. § 405(g). The ...
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OPINION Pursuant to Fed.R.Civ.P. 42, the court has consolidated these two suits for the purpose of ruling on the various motions presently pending before the court. In both cases the named defendants are Roanoke Industrial Loan and Thrift (“Roanoke Industrial”) and certain of its former officers, directors and employees and the two Receivers who were appointed by the Circuit Court of Chesterfield...
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MEMORANDUM • Plaintiff brings this alleged class action against the defendant First & Merchants National Bank (“F & M”) 1 charging it with violations of the usury statutes of the Commonwealth of Virginia and of the National Bank Act, which incorporates the state usury statutes by reference.2 12 U.S.C. §§ 85, 86 (1970); Va.Code §§ 6.1-320-21, 6.1-326 (Repl.Vol.1973). The matter comes before the Co...
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MEMORANDUM OF OPINION Plaintiff, Frito-Lay Inc., brought this civil action pursuant to Section 303(b) of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 187(b), against fifteen local unions and two joint councils affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America seeking monetary relief for all damages suffered by plaintiff as a ...
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DECISION THE NATURE OF THE CASE This is an action by Arastra Limited Partnership, a California limited partnership (“Plaintiff”) against the City of Palo Alto (“Defendant”), for inverse condemnation of Plaintiff’s real property by Defendant’s actions over a period of time, culminating in Defendant’s passage of Municipal Ordinances Nos. 2654 and 2671. Plaintiff, in its First Amen...
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MEMORANDUM OPINION By an amended complaint that is anything but the short and plain statement contemplated by Fed.R.Civ.P. 8(a), plaintiff, Rovin Sales Company, an Ohio corporation, sues defendants, The Socialist Republic of Romania, a foreign state; its Ministry of Foreign Trade; Vinexport, an enterprise owned by Romania and created for the purpose of selling and exporting Romanian wines...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Defendants have moved to dismiss this action pursuant to Rule 12(b)(6) F.R.Civ.P. on the ground that plaintiffs have failed to state a claim upon which relief can be granted. Alternately, they moved for summary judgment pursuant to Rule 56 on the grounds that there is no genuine issue of material fact and that they are ent...
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MEMORANDUM AND ORDER This matter is before the Court upon the Court’s sua sponte raising of the question of jurisdiction of plaintiff’s complaint. The plaintiff is attempting to initiate an action pursuant to 42 U.S.C. §§ 1983 and 1985 against an unnamed and unknown fugitive officer of Madison County, Illinois, and the Honorable Judge Lu-ten, of the Circuit Court of St. Louis County, Missouri. *41...
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OPINION AND ORDER The complaint in two counts seeks damages on account of defendant’s refusal to pay benefits alleged to be due under a disability policy. The first count seeks actual and punitive damages for failure to pay a hospital bill. A motion to strike is directed to the claim for punitive damages. In Montana such damages may be awarded where the breach of the insurance contract is...
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OPINION AND ORDER This litigation consists of six actions pending in two federal district courts: the Seigel, Blakeney, Evans, Kappelmann and Penna actions in the District of the District of Columbia and the Powell action in the Middle District of Louisiana. Each action arises from an incident in which all plaintiffs were allegedly exposed to ultra-hazardous radioactive material that was ...
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OPINION AND ORDER Garnishee Steamship Mutual Underwriting Association, Limited, moves before this Court for an order vacating an order of attachment granted by this Court on November 18, 1974, and for an order vacating and setting aside the service of said order and dismissing the complaint. FACTS The Public Administrator of the State of New York commenced this $3,500,000 damage...
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OPINION Defendants, indicted for violations of the income tax laws,1 move to suppress evidence obtained by the Internal Revenue Service (IRS) from the New York Organized Crime Task Force (OCTF). Decision of the motions requires familiarity with the following factual background. A sewer district was created in the Town of Fleming, Cayuga County, New York, in February 1969. Bids initially received ...
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OPINION AND ORDER Defendant Brunswick . Corporation moves after a jury trial for judgment notwithstanding the verdict. On an evening in 1964, plaintiff James Cataldo, employed as a maintenance man at Plander Lanes, a bowling alley in Long Island, was moving a five-gallon drum of defendant Brunswick Corporation’s bowling alley lacquer from his work room to another place of storage. The lacquer, “L...
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OPINION AND ORDER Plaintiff, American Greetings Corporation, claiming that defendant, Kleinfab Corporation, a fabric converter, in two of its fabric designs has infringed copyrights owned by plaintiff in the design of a gift wrap, a greeting card in an illustrated book, seeks a preliminary in *230 junction enjoining further infringement by Kleinfab. Defendant while neither ad...
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MEMORANDUM OPINION In this action Plaintiff seeks judicial review of Defendant’s administrative decision that she is not entitled to Widow’s Benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended 30 U.S.C. § 901 et seq. Plaintiff is the widow of a coal miner who died in 1935. She filed her initial application for benefits under Part B of Title IV on May 12, 1...
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OPINION Following án evidentiary hearing, the defendant was found guilty of violating his probation, it was revoked, he was sentenced to prison, and has now appealed. This opinion is being prepared to explain to the Court of Appeals the *601 findings and conclusions which led to my final judgment. I. Factual Background On January 29, 1974, defendant, Charles...
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MEMORANDUM Plaintiffs are tenants and former tenants in a low-income housing development in Lancaster, Pennsylvania, known as Duke Manor. Funds for construction of the project were obtained through a mortgage loan insured and subsidized by the defendant HUD, pursuant to § 221(d)(3) of the National Housing Act. The original owner of the project, a non-profit corporation, defaulted, and HUD acqui...
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OPINION The issue presented by this action is whether municipal employees can constitutionally be prohibited from running for non-partisan elective offices in the city by which they are employed. Plaintiffs Robert T. Magill and Martin Healy are firemen employed by the City of Pawtucket, Rhode Island, and, as residents and voters of Pawtucket, they are candidates for the offices of Mayor of Pawt...
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MEMORANDUM Before the Court is a motion for summary judgment on behalf of defendants, Lakeland, l'nc., Douglas Development Corporation, and Southern Industrial Banking Corporation. Plaintiffs filed suit on July 28, 1975, seeking to rescind the purchase of a lot in the Lakeland Development. Recission is sought pursuant to § 1703(b) of the Interstate Land Sales Full Disclosure Act [ILSFDA], 15 U....
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MEMORANDUM Leroy and Gloria Mason bring this Truth-in-Lending Act action against General Finance Corporation of Virginia, a Delaware corporation, in which they allege that the defendant has failed to make certain disclosures required by the Act, 15 U.S.C. 1601 et seq., and implementing regulations, 12 C.F.R. § 226. They seek to recover the statutory civil penalty and their atto...
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MEMORANDUM Petitioner, an inmate of the Virginia State Penitentiary, seeks a writ of habeas corpus attacking a judgment of conviction for statutory burglary rendered by the Circuit Court of the City of Virginia Beach, Virginia. On the basis of this conviction he was sentenced to five years in the state penitentiary. Petitioner alleges be is illegally detained because the evidence before the state ...
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MEMORANDUM AND ORDER This is a suit brought under the Miller Act 1 by use plaintiff Mariana, a subcon *905 tractor, against the prime contractor, Piracci, and its surety, Aetna. Aetna has moved for partial summary judgment and the issue presented, which is purely a legal issue at this stage, was fully briefed and argued. The question for decision is whether a Mille...
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MEMORANDUM OPINION Plaintiffs Consumers Union of United States, Inc., and Public Citizens’ Health Research Group filed this action on May 5, 1975, seeking access under the Freedom of Information Act, 5 U.S.C. § 552, to certain reports on television accidents submitted to the Consumer Product Safety Commission (CPSC) by various television manufacturers. The defendants in this case are the CPSC, ...
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MEMORANDUM OPINION I. INTRODUCTION This action has come on before the Court on the motion of defenuant Christina Chan Johnston, M.D., pursuant to Rule 26(cL F.R.Civ.P., for a protective order. Defendant Dr. Johnston seeks to prevent the production of a statement she gave to Mr. John Brady during an investigation of Dr. Johnston by Mr. Brady, and also to prohibit the taking of Mr. Brady’s depositi...
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DECISION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a suit for declaratory judgment, brought in the Circuit Court of the Ninth Judicial Circuit of Illinois, Warren County, and removed here by defendant under Section 1441(a) of Title 28, United States Code, based on asserted diversity of citizenship of the parties. There is no contest of jurisdiction here or over possible diffe...
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MEMORANDUM OPINION and ORDER Plaintiff filed the complaint 1 in this ease on February 4, 1975, challenging the constitutionality of the Illinois Community Currency Exchange Act, 111.Rev. Stat., Ch. 16y2, §§ 30-56.3 (1974), and seeking an injunction to restrain Defendants from enforcing the Act against it. Plaintiff, as an agent of American Express Company and Travellers Express Company, sells...
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MEMORANDUM RULING ON MOTION In this action, the City of Chicago filed a motion to dismiss claims made against it by the Plaintiff. The Plaintiff alleged that he was beaten by several Chicago police officers while in custody and, as Defendants, he named the individual police officers, several of their supervisors, and the City of Chicago. The Defendant City filed this motion to dismiss the...
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MEMORANDUM OPINION Plaintiffs, individually and on behalf of all others similarly situated, have brought this action seeking declaratory and injunctive relief, and appropriate money damages, alleging that 5 U.S.C. § 8341(a)(3)(A) (Supp.1975), amending 5 U.S.C. § 8341(a)(4)(A) of the Civil Service Retirement Act, 5 U.S.C. § 8331 et seq., is unconstitutional in that it...
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OPINION and ORDER The issue presented for decision here is whether plaintiff’s allegation of a “class-based, invidiously discriminatory animus,” an element of a 42 U.S.C. § 1985(3) action, see Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971) is sufficient to withstand defendants’ motions to dismiss under Rule 12(b), Fed.Rules of Civ.Proc. We conclude that it is ...
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OPINION AND ORDER On January 1, 1975, plaintiff filed the instant complaint seeking damages and injunctive relief to redress the alleged violation of rights secured to him by the Constitution of the United States. Invoking jurisdiction of the Court under Title 28, United States Code, Section 1343, Title 42, United States Code, Section 1983 and Title 23, Laws of Puerto Rico Annotated, Section 67...
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ORDER The Court determines that the Plaintiff’s case is maintainable under F.R. Civ.P. 23(b)(2) on his own behalf, and on behalf of all other black and Mexican-American persons who have been employed or are employed or may in the future be employed by the Defendant Uncle Ben’s, Inc. Rodriguez v. East Texas Motor Freight, 5th Cir. 1974, 505 F.2d 40. This action is maintainable as to the class of Me...
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DECISION and ORDER This is the petitioner’s motion, pursuant to 28 U.S.C. § 2255, to set aside his conviction and sentence for the offenses contained in counts 2 through 6 and in count 8 of the indictment in case number 70-Cr-167. The sole and determinative issue to be resolved is whether Mr. John Mitchell, the former attorney general, had sufficient information before him to exercise his power un...
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*411 FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PRELIMINARY INJUNCTION HEARING The plaintiff’s motion for a preliminary injunction was heard by the Court on August 29, 1975 following notice to all parties. Subject matter jurisdiction, personal jurisdiction over defendants, and venue are not contested. The Court has jurisdiction under 28 U.S.C. § 1343. I. FINDINGS OF FAC...
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MEMORANDUM OPINION This proceeding is concerned with one aspect of the failure of the District of Columbia Government to deliver adequate health services to its residents. The plaintiffs are two local senior citizens organizations and several area residents. They seek declaratory and injunctive relief alleging that inadequate treatment and facilities are afforded at the principal City-ope...
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MEMORANDUM OPINION Plaintiff, on behalf of himself and others similarly situated, brings this civil rights1 action to redress the allegedly discriminatory employment practices at the University of Delaware. Plaintiff is a black sociology professor whose three-year teaching contract with the defendant University was not re-, newed, and he seeks injunctive relief from the University's allegedly dis...
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The indictment in this criminal case contains the following two counts: First Count The Grand Jury for the District of Maryland charges: On or about the 17th day of January, 1975, in the State and District of Maryland, STEVEN N. MASON having been convicted on or about the 22nd day of March, 1966 in the Criminal Court of Baltimore, Maryland, of robbery, a felony, did knowingly receive, possess an...
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MEMORANDUM This matter came before the court on the basis of defendant’s motion to dismiss plaintiff’s amended petition to vacate arbitrator’s award. The motion is filed pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. Plaintiff’s amended petition alleges in substance that he is a resident of *409 Massachusetts, that he was an employee of defendant United Par...
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OPINION In this action the United States has alleged that the School District of the City of Jennings in St. Louis County, Missouri (“Jennings District” or “District”), the District’s Superintendent, and the members of its Board of Education pursue a pattern and practice of discrimination against black applicants for employment in faculty and staff positions with the District. Violations of Title ...
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ORDER This cause came on to be heard before the court at a regularly scheduled motion docket on September 5, 1975, upon motion of plaintiff to strike the first defense, the second defense, the fourth defense and the fifth defense of defendant’s answer. The court has considered the motion as well as the supporting and opposing briefs, affidavits and exhibits and is of the opinion that the ...
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ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT This is a “churning” case in which Plaintiff claims her stock broker bought and sold shares for her account without regard to the value of the transactions and for the purpose of generating commissions for the broker. Plaintiff moves for summary judgment on her state law claims of fraud, constructive fraud and negligence, and on her federal claim...
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MEMORANDUM AND ORDER This suit involves the constitutionality under the Supremacy Clause 1 *1340 of the District of Columbia rent control ordinance 2 as it appies to housing projjects that are federally insured under § 220 of the National Housing Act. 3 Plaintiffs contend that the local law is invalid because there has been a federal preemption of...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT This action was brought by the Interstate Commerce Commission to enjoin an alleged wrongful abandonment of a 30-mile branch line of railroad in central Iowa owned by the Chicago and North Western Transportation Company (North Western). Plaintiff instituted this action pursuant to 49 U.S.C. § 1(20) on May 29, 1975, seeking preliminary and...
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MEMORANDUM OPINION Plaintiff Louis Adams is a black man who sought employment as a truck driver with the defendant company on March 2, 1970. As part of the application procedure, he was required to complete an “employment registration card” and take the Wonderlic Personnel Test. Returning the next day, he was told he would not be hired because he had failed to achieve a required minimum s...
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ORDER In this Civil Rights case the form and content of the so-called “right to sue” letter issued by the Equal Employment Opportunity Commission (EEOC) in conjunction with complaints filed with it under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., are at issue. Plaintiff filed her Complaint herein on April 9, 1975. She charges Defendant with various acts of sex discrimin...
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OPINION This is a motion to suppress grand jury testimony given by the defendant Walter P. Matthews, Jr., allegedly in violation of his Fifth Amendment privilege against self-incrimination. Matthews was indicted on April 24, 1975, on charges of interference with commerce by extortion, and conspiracy, in violation of 18 U.S.C. §§ 1951 and 371, for actions which allegedly occurred on or about Januar...
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MEMORANDUM This matter is before the Court on the cross motions for summary judgment of the plaintiff and the Secretary of the Department of Health, Education and Welfare. Plaintiff is the widow of Lewis Ward, an ex-coal miner who died on April 19, 1974, after his claim for black lung benefits was denied. A Hearing Examiner considered her claim for widow’s benefits de novo and ...
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AMENDED ORDER GRANTING DEFENDANTS’ MOTION TO SUPPRESS In view of the recent triumvirate of border search and seizure cases, Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973); United States v. Ortiz, 422 U.S. 891, 95 S.Ct. 2585, 45 L.Ed.2d 622 (1975); and United States v. Brignoni-Ponce, 422 U.S, 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975), the only issue this Court...
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MEMORANDUM DECISION Plaintiff, Continental Grain Company, a Delaware Corporation with its principal place of business in New York, brought this action for breach of a grain sales contract involving over $10,000 against defendant, Lawrence Harbach, an Illinois farmer. The only issue currently pending for decision is whether defendant was a merchant when the alleged contract was made, within the ...
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MEMORANDUM DECISION This is the second appeal from an order by the bankruptcy court overruling the objections of University National Bank to the discharge of $17,000 plus interest owed to it by the bankrupt, Adam Donald Bourgeois. For the reasons hereinafter stated the order is reversed and the objections are remanded for further proceedings consistent with the views expressed herein. Bourgeois is...
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MEMORANDUM ORDER Plaintiff Conwed Corporation seeks a declaratory judgment concerning the validity, infringement, and licensing of certain patents used in the manufacture of plastic net. One of the three defendants, Societe Generale Alimentaire (hereinafter Alimentaire), has conceded by stipulation that this Court has personal jurisdiction over it. The other two defendants, Nortene and Ne...
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OPINION AND ORDER Southwestern Bell Telephone Co. (SWB) allegedly maintains a company policy that requires its female employees to resign or take a leave of absence at the end of the seventh month of pregnancy and, in addition, to return to work within one year of giving birth or face termination of employment. Over the past three years, the Communications Workers of America, AFL-CIO (the union) a...
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MEMORANDUM OPINION Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of a final administrative decision of the Secretary of Health, Education and Welfare denying his application for “Black Lung” disability benefits. Plaintiff’s application was made pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended 30 U.S.C. § 901 et seq., 30 U.S.C...
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ORDER SUSTAINING MOTIONS OF DEFENDANTS, JOHN E. OLDNER AND D. R. TAYLOR, TO DISMISS, OVERRULING, PLAINTIFF’S MOTION TO REMAND, AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT On June 24, 1975, Plaintiff filed a Petition in the District Court for Creek County, State of Oklahoma, which alleges that the Defendants, Safeway Stores, Inc., (hereinafter Safeway) and John E. Oldner, have wrongfu...
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OPINION Plaintiff, GAF Corporation (GAF), a Delaware corporation, filed suit against Amchem Products, Inc. (Amchem), a Pennsylvania corporation, seeking to obtain rights to certain foreign patents controlled by Amchem covering a plant growth regulating acid. Jurisdiction is based upon diversity of citizenship. 28 U.S.C. § 1332. Amchem has moved for summary judgment, pursuant to Rule 56(b)...
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AMENDED MEMORANDUM AND ORDER This is a civil rights action brought by the plaintiff against the defendants as a result of the termination of the plaintiff’s electric service for nonpayment of a disputed bill. The plaintiff séeks declaratory and injunctive relief, as well as money damages, under 42 U. S.C. §§ 1983, 1985(2) and 1986 (1970). Several defendants have moved to dismiss the compl...
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MEMORANDUM AND ORDER The First National Bank of Arizona (hereinafter the Bank) has been served with writs of garnishment 1 which attach funds held for the depositors named in the writs. The Department of Labor (hereinafter the Department) asserts that portions of such deposits may be subject to the provisions of 15 U.S.C. § 1671 et seq. 2 [Consumer Credit Protection ...
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ORDER Petitioner seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. On March 10, 1975, the petitioner went on trial in *870 Superior Court on a charge of open murder. On that date, the trial judge heard a motion and offer of proof presented by the defense concerning the admission of an unstipulated polygraph examination which the defendant took and passed. The court took the motion unde...
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ORDER Petitioner seeks habeas corpus relief from a sentence of imprisonment imposed following a conviction for depositing an explosive device in an inhabited area in violation of A.R.S. § 13-922. The petition alleges error of constitutional proportion in that petitioner was subjected to a station house show-up in the absence of counsel and in a manner alleged to have been impermissibly suggestive....
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MEMORANDUM OF DECISION This suit, challenging the apportionment of councilmen within the town of Stratford, presents initially the question of whether apportionment on the basis of registered voters, rather than total population, violates the one person-one vote requirements of the Fourteenth Amendment. Plaintiffs are residents and qualified voters in each of the ten voting districts...
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Preliminary Statement The plaintiff, International Telephone and Telegraph Corporation (ITT), although engaged in various lines of business is, for purposes of this lawsuit, a substantial manufacturer and distributor of telephone equipment. The defendant, United Telephone Company of Florida (United), is an operating telephone company enfranchised by the State of Florida and furnishing exclusi...
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*1022 MEMORANDUM OPINION John T. Ahern, Margaret A. Ahern, Arjack Co., and Woodfield Construction Co. (hereinafter “the Aherns”) filed a verified complaint in the Circuit Court of Cook County, Chancery Division, to enjoin National Boulevard Bank of Chicago (hereinafter “Bank”) from paying any money to Barnett Mortgage Trust (hereinafter “Barnett”), under a letter of credit issued...
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MEMORANDUM OPINION Plaintiff, Daniel Barszcz, complains, in an action brought under 42 U.S.C. § 1983, that the action of defendant, Board of Trustees of Community College District No. 504, in terminating plaintiff’s services as a tenured member of the faculty of Triton College violated the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. He seeks injuncti...
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MEMORANDUM OPINION This is a motion filed by the defendant, Anthony J. Giacalone, to dismiss a *252 three-count indictment pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure. The defendant is charged in Counts I and II of the indictment with (1) having caused a “certain check” to be placed in the United States mail, and (2) having received the same check from the United States ...
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MEMORANDUM AND ORDER This matter is before the Court for a decision on the merits. The defendant, Robert Frey Parker, has waived his right to a jury trial, and consented to a trial based upon evidence adduced at the Court’s hearing on pre-trial motions, and additional filed stipulations of fact. The defendant is charged with conspiring to violate §§ 841(a)(1) and 846 of Title 21, United States Cod...
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MEMORANDUM AND ORDER This is an action, pursuant to 42 U.S. C. § 405(g), to review the final determination of the Secretary of Health, Education, and Welfare which denied survivor’s benefits to plaintiff’s three children. Both parties have moved for an order granting judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ. P. On April 29, 1971, plaintiff filed an application for ...
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This matter comes before the Court on the application of the United States Attorney for the Eastern District of New York for an order enforcing a Grand Jury subpoena duces tecum served upon the Brooklyn Branch of the National Bank of North America (the “Bank”) directing that it turn over to the Government certain bank and cashier’s cheeks. Pursuant to Rule 17(c) of the Federal Rules ...
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OPINION Plaintiffs Joseph Waldman, Sadie Sage and Martin Dachs charge that the Elec-trospace Corporation, its former accountant, and various former officers and directors violated the federal secur*283ities laws1 by engaging in a continuing fraudulent course of conduct which was designed to, and which did, deceive purchasers of Electrospace securities like themselves as to the financial condition...
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The defendant, Israel Rodriguez, moves pursuant to Rule 50(b) of the Federal Rules of Criminal Procedure to dismiss the indictment against him because of the Government’s failure to comply with Rule 4 of the Second Circuit Rules Regarding Prompt Disposition of Criminal Cases adopted pursuant to Rule 50(b). Rule 4 provides that: “In all cases the government must be ready for trial within six months...
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ORDER The United States of America, by and through the Justice Department, Housing Section, Civil Rights Division, has made application for leave to file a brief amicus curiae in this matter (doc. 25), representing that the United States of America and various of its agencies have important responsibilities under the acts which this case requires the Court construe — particularly under the Fa...
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ORDER This personal injury action arises from a motor vehicle collision occurring February 27, 1973 in the State of Iowa. Plaintiff states in his Complaint that he is a resident and citizen of Konawa, Oklahoma.1 Defendant Bobby J. Killian Corporation (Killian Corp.) is alleged to be an Arkansas corporation with its principal place of business in Arkansas and is alleged to be the owner of the truck...
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MEMORANDUM OPINION This suit arises out of the alleged wrongful death of a hospitalized veteran on November 25, 1973 due to food poisoning at the Veterans Administration Hospital. It was initially filed before the Superior Court of Puerto Rico, Ponce Part, on or about the first anniversary of the veteran’s death. The defendants removed this case to this Court in accordance with the provisions o...
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*1245OPINION AND ORDER Plaintiffs’ action is directed against various officials of the Commonwealth of Puerto Rico for alleged deprivation of their property without due process of law by variously classifying their lands for public purposes. They ask for money damages and injunctive relief in the form of an order to defendants to expropriate the lands in question. (42 U.S.C. §§ 1988, 1985). After ...
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ORDER GRANTING IN PART DEFENDANTS’ MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT This action involves a challenge to the construction of a housing development entitled Richardson Highlands on the remaining 36 acres of an urban renewal project, land which plaintiffs describe in their complaint as “the most attractive piece of developable land in the Western United States.” The development is...
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ORDER This case presents a collateral jurisdictional attack by defendants William and Rodney Price and W. Lewis Spear-man on a default judgment entered against them by the United States District Court for the District of New Jersey and subsequently registered in this Court by plaintiff under 28 U.S.C. § 1963. The facts are as follows: On August 3, 1975, after a course of dealing, defendant Southe...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the cross motions of the plaintiff, Civil Aeronautics Board (CAB) and the defendant, United Airlines, Inc. (United), for summary judgment. For the reasons set forth below, the CAB’s motion is denied, United’s is granted and the case will be dismissed. This is an action by the CAB, brought under 49 U.S.C. § 1487 and 28 U....
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RULING ON MOTION By complaint filed January 19, 1973, William Ernest Bonner brought this action against defendants B-W Utilities, Inc., et al,1 seeking declaratory, injunctive, and equitable relief, and praying that a three-judge Court be convened pursuant to 28 U.S.C. §§ 2281, 2284. The salient facts are simple. On June 19, 1967, plaintiff purchased four lots from defendants Ryan and Beaver.2 Unk...
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This action was brought by plaintiff to recover statutory damages, attorney’s fees and costs for defendant’s alleged violation of the Truth-in-Lending provisions of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. and the regulations adopted pursuant thereto, published at 12 C.F.R. § 226.1 et seq., commonly referred to as “Regulation Z.” Defendant Blazer Financial Services, Inc. 1 h...
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OPINION Plaintiffs commenced this action against the defendants charging violations of the Securities Acts of 1933 and 1934. Plaintiffs were and are limited partners of Schweickart & Co. which until July, 1974 was actively engaged in the securities business as a broker-dealer and was a member firm of the New York Stock Exchange (“Exchange”). The defendants with two exceptions were and are...
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OPINION Following the ten-day trial of this action, plaintiff Meredith Corp. and additional defendants Brian Sutton-Smith and Prentice-Hall, Inc. conceded in their post-trial memorandum: “It is apparent from the record and in fairness to the Court and to the other parties, plaintiff and additional defendants are prepared to admit, based on a detailed study of the record, that in some resp...
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MEMORANDUM OPINION AND ORDER Plaintiffs commenced the above-styled action seeking relief against defendants through claims made under the Securities Act of 1933 and the Securities Exchange Act of 1934, and pendent claims under the Ohio common law. There are two plaintiffs, one a limited corporation and the other an individual who invested in a land development program offered by defendant...
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MEMORANDUM and ORDER The issue presented by this petition for writ of habeas corpus is whether as a matter of federal constitutional law a defendant in a state criminal proceeding was denied due process of law by the refusal of a state trial judge to have the closing argument of the prosecutor stenographically recorded upon request of defense counsel. As phrased in the petition before us: Does the...
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MEMORANDUM Plaintiff Donald H. Weaver was convicted in state court of burglary with intent to commit theft and is currently serving a twelve-year sentence in the Texas Department of Corrections. In this in forma pauperis action, plaintiff seeks damages, declaratory and injunctive relief on the ground that defendant V. Bailey Thomas, the Clerk of this *617 Court, illegally and unconstitutional...
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MEMORANDUM OPINION This suit concerns the relative priorities of various parties to $86,672.00, which is being held in escrow by Republic National Bank. Jurisdiction is based upon Title 28, United States Code, Section 2410, this suit being brought to quiet title and foreclose liens upon personal property in which the United States claims an interest. It will be necessary to cover eac...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Government revenue agents, seeking to collect taxes owed by Douglas F. Hurst, levied on, seized and sold all available property of Mr. Hurst who was then doing business as the Shell Plaza Restaurant and the Shell Plaza Truck *94Stop. Those agents then had knowledge of security instruments of the Plaintiff outstanding against the property and duly recorded b...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER REMAND Hillsdale Rock Company, Inc., brought this action under the Miller Act, 40 U. S.C. § 270a et seq., to recover under a payment bond for certain work done at the Stanford Linear Accelerator Center at Stanford University. The Stanford Linear Accelerator Center is a national facility owned by the United States and operated by Stanford University un...
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MEMORANDUM This matter is before the court on petition of plaintiffs’ counsel, Jerome S. Wagshal, for the award of an appropriate attorney fee from the benefiting plaintiff classes. This case on the merits involved defendants’ impoundment of funds appropriated by Congress for mental health and alcoholism research and for training, prevention, treatment and rehabilitation of alcoholism. The case a...
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*414MEMORANDUM OPINION AND ORDER Ollie E. Webster filed a complaint on a standard form of this Court entitled “FORM TO BE USED BY PRISONERS IN FILING A COMPLAINT UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983.” The complaint was filed in for-ma pauperis and alleges that, while other prisoners with longer sentences and less time served than Webster were granted escorted furloughs from prison, Webster...
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ORDER This action is presented to the Court on the plaintiff’s motion for summary judgment on Count I of the complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff First National Bank of Atlanta is a national banking association with its principal place of business in the State of Georgia. Defendant DeSales Harrison, Jr. is a resident of Florida. Plaintiff sues on a renew...
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This litigation was commenced by the complaint of the plaintiff Junius McKensie against Sea-Land Service, Inc., (Sea-Land) for personal injuries sustained by him on October 12, 1972 while working as a longshoreman aboard the SL-180, a container vessel owned and operated by defendant Sea-Land. Sea-Land filed third-party complaints against Atlantic & Gulf Stevedores, Inc., [A & G] the employer of...
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OPINION AND ORDER Plaintiffs seek declaratory and injunctive relief against a New York City ordinance, Local Law 5-73, and the regulations under which it is enforced. N.Y.C. Admin.Code ch. 26, § 643a-8.0, ch. 19, § 488-1.0. They also seek to enjoin presently pending prosecutions against several of the plaintiffs for violations of the questioned provisions in New York City Criminal Court. A request...
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OPINION AND ORDER The petitioner, The State of North Carolina, makes this Rule 27, Fed.R. Civ.P., request to take the testimony of witnesses prior to commencing an action to recover a letter supposedly written by George Washington to The State of North Carolina (hereinafter “State”) which it believes may belong to the State. The letter dated August 26, 1790, was consigned for auction to Sotheby Pa...
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This is a motion by defendants Town of Clarkstown, Gerber, Maloney, D’Antoni, Lodico and Pizzutello for an order dismissing the complaint (actually the amended complaint) for failure to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b)(6)) and for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1)). Plaintiff The Dells, Inc. is a New York corporation which...
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MEMORANDUM AND ORDER Lester M. Ritter, formerly the chief executive officer of Lyntex Corporation, makes four claims for additional compensation, seeking payment for: (1) two weeks of further vacation pay; (2) six weeks of severance pay; (3) approximately seven months of sick pay; and (4) an increase in his rate of compensation from $45,000.00 per year to $50,000.00 per year. The Court conducte...
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401 F.Supp. 554 (1975) PLANNED PARENTHOOD ASSOCIATION et al., Plaintiffs, Obstetrical Society of Philadelphia, Intervenor-Plaintiff, v. F. Emmett FITZPATRICK, Jr., and Frank S. Beal, Defendants, and Robert P. Kane and the Commonwealth of Pennsylvania, Intervenor-Defendants. Civ. A. No. 74-2440. United States District Court, E. D. Pennsylvania. September 4, 1975. *555 *556 *557 *558 Sharon K. Wall...
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Plaintiffs — The Pennsylvania Public Utility Commission (PUC), the Commonwealth of Pennsylvania, the National Association of Regulatory Utility Commissioners (NARUC), and the Department of Transportation of the State of New York1 — filed this action requesting the court to declare invalid and to enjoin the enforcement of 39 Fed.Reg. § 225.1 (1974) promulgated by the Federal Railroad Administration...
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ORDER This matter is before us on a Motion for Summary Judgment filed by Plaintiff Betancourt on May 20, 1975. Betancourt alleges that the doctrine -of election of remedies bars Defendant Wilson’s counterclaim in the instant case.1 *599On October 22, 1969 the present Defendant Wilson filed another suit in this Court against the Plaintiff herein. See Civil File Number 69-722. In that case the pres...
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MEMORANDUM OPINION Plaintiff contends that he is being deprived of certain basic civil rights guaranteed him by the Constitution in a context that would confer jurisdicton on this court where one seeks to vindicate such rights. Therefore, this action is premised upon jurisdiction in this court under the provisions of 28 U.S.C. § 1343, 42 U.S.C. § 1983, and 28 U.S.C. § 1331. Having considered pl...
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FINDINGS OF FACT 1. This matter is before the Court on a petition by the United States of America and Special Agent William H. Clyborne, Jr., of the Internal Revenue Service. The petitioners seek, pursuant to Title 26 U.S.C. §§ 7402(b) and 7604 (a), the judicial enforcement of a summons that was issued by Agent Clyborne to the respondent Taylor, for the production of nine items of books and record...
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OPINION AND JUDGMENT Petitioner, Harry Edwin Lawson, was convicted on January 16, 1973 in the Cir *411 cuit Court of the City of Staunton on two counts of breaking and entering with intent to commit larceny. On July 28, 1975, a writ of habeas corpus was filed in the Eastern District concerning this conviction. Subsequently this action was transferred to the Western District at Harrisonburg, V...
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*1021DECISION AND ORDER Samuel Chabonian has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, et seq., on the ground that his incarceration is in violation of the United States Constitution. On April 24, 1967, Chabonian appeared with counsel in the circuit court for Milwaukee County and entered a plea of guilty to a charge of burglary under §§ 943.10(1) (a) and 939.0...
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In his customarily thoughtful and thorough fashion, Magistrate Latimer has endeavored mightily to construct a rationale that will explain the doctrine of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), harmonize its progeny, and thereby indicate on which side of the Feres line this case falls. The resulting test of remoteness between injury and the injured person’s mi...
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OPINION This case arises in the context of competing tender offers by Alaska Interstate Company (“Alaska”), and Northwest Energy Company (“Energy”), which seek control of Apeo Oil Corporation (“Apeo”). The common stock of each of the three is listed on the New York Stock Exchange. Alaska, in its amended complaint filed on July 15, 1975, alleged a conspiracy among Energy, Apeo and others r...
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OPINION Before FAIRCHILD, Chief Circuit Judge, and WILL and MARSHALL, District Judges. In the Illinois general election of November, 1974, Cook County Circuit Court Judge David Lefkovits was a qualified candidate for judicial retention. Ill.Const. Art. VI, § 12(d). John T. Meagher was then and is now a qualified elector residing in Cook County, Illinois who cast his ballot...
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ORDER AND MEMORANDUM OF DECISION This proceeding was instituted by the plaintiff against the Secretary of Health, Education, and Welfare as is authorized *1215 by and pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C.A. Section 405(g), for the purpose of obtaining a judicial review of a final decision of the Secretary in denying his application for a...
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OPINION This is an appeal by a creditor, Beneficial Finance Company (“Beneficial”), from a decision by Bankruptcy Judge Townsend, dated January 8, 1975, which determined the dischargeability of a debt owed by the above-named bankrupt to Beneficial. Facts and Proceedings to Date A voluntary petition was filed by the nonbusiness bankrupt pro se on July 1, 1974. On July 18, 1974, Beneficial filed ...
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ORDER OF REMAND This action was removed to this Court from the District Court of Stephens County, Oklahoma, by Plaintiff Ford Motor Credit Company (Ford Credit) and by Ford Motor Company (Ford Motor) which designated itself as a Defendant on Cross-Petition. The action was originally filed in State Court by Plaintiff Ford Credit against Vernon C. Liles and Thresia Liles (the Lileses) and W...
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MEMORANDUM AND JUDGMENT Plaintiff, Fannye Rae Marshak, instituted the above styled action seeking damages and an accounting of profits on securities traded in her account by the Defendants, Blyth Eastman Dillon & Co., Inc., a brokerage firm, and Robert A. Sanditen, an em *379 ployee of Blyth Eastman Dillon & Co., Inc., the individual broker who was in charge of Plaintiff’s ma...
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OPINION AND ORDER Before the Court are cross motions for summary judgment filed by the parties to this action in which we are asked to review a final decision of the Secretary of Health, Education and Welfare (“Secretary”) which denied plaintiff disability benefits under the Social Security Act, 42 U.S.C. § 301 et seq. This Court's power to affirm, modify, reverse or remand the decision of th...
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OPINION AND ORDER The Court in this diversity action has before it a Motion for Partial Summary Judgment filed by the Plaintiff to eliminate the defense of contributory negligence and assumption of risk by reason of the failure to wear a seat belt. An accident occurred at the intersection of Interstate 80 and Pennsylvania Route 897 in Lawrence Township, Clear-field County, Pennsylvan...
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OPINION AND ORDER On May 30, 1975, plaintiff filed the instant complaint against the Municipality of Caguas and its Mayor, Honorable Angel O. Berrios, seeking declaratory and injunctive relief, as well as damages, to redress the alleged deprivation by said defendants of rights secured to plaintiff by the Constitution of the United States. Invoking jurisdiction of the Court under Title 28, United ...
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DECISION AND ORDER This is a diversity action arising out of a contract whereby plaintiff agreed to manufacture and supply to defendant certain structural assemblies for installation by defendant in the Gathright Dam and Reservoir in Gathright Lake, Virginia. Plaintiff has filed a motion for summary judgment and also a motion for sanctions for defendant’s failure to provide discovery as o...
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OPINION ON REMAND Involved in the prior decision of September 11, 1973, of this court, 364 F.Supp. 1239, was the review of orders of the Interstate Commerce Commission (“the Commission”) granting certificates of public convenience and necessity *159to Red Ball Motor Freight, Inc., Johnson Motor Lines, Inc., and Bowman Transportation, Inc. (Bowman). The Commission authorized the named carriers to e...
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ORDER Before SNEED, Circuit Judge, CARTER, District Judge, and EAST, Senior District Judge. With the consent of the parties, the following order is entered. I The Department of Corrections will recognize the Metropolitan Community Church as a denomination of the Christian religion. II The Department of Corrections will give the Metropolitan Community Church the same right of access to inmates and ...
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AMENDED MEMORANDUM OPINION AND JUDGMENT This action, commenced by plaintiff Myron S. Eichen on December 19, 1972, arises under the Securities Act of 1933, 15 U.S.C. § 77a et seq., and the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., and specifically Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5. After lengthy discovery the parties filed a pret...
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MEMORANDUM OPINION This action is submitted to the Court on the motion of the defendant for summary judgment following the taking of exhaustive discovery by both parties on the question of liability. Plaintiff was an experienced sheet metal worker employed by Triangle Sheet Metal Company, hereinafter “Triangle”. Triangle had a contract with the defendant to install duct work and dust...
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The indictment in this case reads as follows: The Grand Jury for the District of Maryland charges: On or about the 25th day of September, 1974, in the State and District of Maryland, TOMMY CURTIS BUNCH did transport and cause to be transported in interstate commerce a stolen motor vehicle, that is, a 1972 Mercury Capri, vehicle identification number GAECLU 98408, from Kingsport, Tennessee, to Mt. ...
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ORDER Ronald Phillips seeks vacation of sentence from a fifteen year term imposed after a conviction of bank robbery by this Court. He is presently in the custody of the Attorney General at Leavenworth, Kansas. As a. basis for his motion to vacate, he claims: 1. That he was taken from the courtroom and not allowed to participate in the picking of the jury panel. 2. That his appointed counsel faile...
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MEMORANDUM AND ORDER This case is before this Court on remand from the Second Circuit which vacated my prior order granting a writ of habeas corpus. The full facts of the case will be found at 390 F.Supp. 383 (S.D.N.Y.1975); and in the opinion of the Court of Appeals, 523 F.2d 539 (2d Cir., filed August 7,1975). Basically, Suggs is in custody of New York State officials pursuant to a judgment of c...
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OPINION and ORDER In this “full faith and credit” case, this Court is asked to end litigation which was begun sixteen years ago, which has been fought and tried in the federal district court in the District of Columbia to the United States Supreme Court, which has also been through the *411 courts of the State of Ohio to the Ohio Supreme Court twice, and which now threatens t...
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MEMORANDUM AND ORDER Presently before the Court is the defendants’ appeal, pursuant to Local Rule 38(b) of this Court, from the taxation of costs imposed by the Clerk of Court in the above captioned matter. This case had its origin in a two-count complaint, filed on Friday, June 16, 1972. In Count No. I of the complaint the plaintiff sought to enjoin the defendant union from submitting a grievance...
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MEMORANDUM OPINION The issue in this case is whether the defendant manufacturer is subject to the jurisdiction of this Court under the extra-territorial statute of this state in a “products liability” action where the product allegedly caused the injury in this state but where the manufacturer maintains no offices or agents within the state and the sale was accomplished through a third pa...
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ORDER The petitioner, Frank W. Lansinger, a state prisoner confined in the Oklahoma State Penitentiary at McAlester, Oklahoma, has presented to this court his Petition for Writ of Habeas Corpus challenging his detention by virtue of the judgments and sentences of the District Court of Oklahoma County, Oklahoma, in cases numbered CRF-71-1594 and CRF-72-2892. The respondent has submitted its Respons...
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ORDER This is a proceeding for a writ of habeas corpus by a state prisoner who claims that his detention by virtue of the judgment and sentence of the Superior Court of Comanche County, State of Oklahoma in case No. 4651 is unlawful on the following grounds: 1. A constitutionally invalid confession was obtained from the petitioner; 2. A death certificate was received in evidence in violation of pe...
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OPINION The plaintiffs’ complaint of June 12,1975 seeks declaratory and injunctive relief against the Secretary of Agriculture, Earl L. Butz. The jurisdiction of the court is grounded upon 28 U.S.C. §§ 1337; 1361. The essence of the plaintiffs’ claim is that Secretary Butz has improperly included rent subsidies paid by Housing and Urban Development in calculating income for food stamp pur...
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OPINION Diversity jurisdiction of the court is properly invoked pursuant to 28 U.S.C. § 1332 (1970). Plaintiff is a resident of the State of Florida, claiming damages in excess of $20,000. Defendant is a Delaware corporation, with its principal place of business in Michigan; and its insurer, Globe Insurance Company, is an Illinois corporation. The facts, undisputed after discovery, a...
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MEMORANDUM OPINION AND ORDER This action was filed by plaintiffs Michael Saad and Helene Saad against John E. Smith’s Sons Company (Smith’s) for injuries which plaintiff Michael Saad allegedly sustained while operating a meat grinder, in the course of plaintiff’s employment with Gordon’s Sausage Company (Gordon’s). The meat grinder was allegedly manufactured, designed and sold by the defendant ...
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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. This litigation consists of four actions pending in two different districts: the ALP A, Leonard and Johnson actions in the Southern District of Florida and the Gardner action in th...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 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 review a final decision of the Secretary denying the Plaintiff’s application for the establishment of a period of disability under § 216(i) of the Act (42 U.S.C. § 416(i)) and for dis...
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OPINION Plaintiff challenges the validity of section 186 of New York State’s Election Law 1 as applied to her and others of her class. Plaintiff acquired voting residence in New York after the November 1974 general election, thereby entitling her to vote in the oncoming election in November 1975; however, section 186, which requires that voters must have enrolled in a party at ...
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ORDERS APPOINTING A PLAINTIFFS’ TRIAL COMMITTEE AND OUTLINING SOME OF ITS FUNCTIONS; REQUIRING RESPONSE TO INTERROGATORIES AND OTHER DISCOVERY PROCEDURES ALREADY INSTITUTED ; REQUIRING EARLY PRODUCTION OF DATA BEARING UPON COMPENSATORY DAMAGES; SETTING A TIME TO COMPLETE DISCOVERY AND AN ESTIMATED TRIAL DATE ; SETTING A NOVEMBER 1, 1975 SETTLEMENT DATE BEFORE WHICH SETTLING PLAINTIFFS WILL HAVE NO...
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OPINION This is a Truth in Lending case which involved the credit sale of an automobile financed through the defendant Reserve Consumer Discount Company. The claim is based on alleged violations by the defendant of several disclosure provisions of the Act, 15 U.S.C.A. § 1601 et seq. and Regulation Z, 12 C.F.R., § 226.1 et seq. Each party has submitted a Motion for Summary Judgment. The Court ha...
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MEMORANDUM Petitioner, Joseph Logsden, was sentenced to life imprisonment for armed robbery after his conviction by a jury in the Criminal Court of Knox County. He contends in his petition for a writ of habeas corpus that he is in state custody in violation of his federal constitutional rights because he was not accorded a full and meaningful review of his conviction. Viewed liberally, the petitio...
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MEMORANDUM AND ORDER This suit was filed on August 19,1975. It was brought by Plaintiffs, in accordance with the Labor Management Relations Act, for injunctive relief and to compel arbitration under the terms of an alleged collective bargaining agreement entitled “Deep Sea and Coastwise Longshoring and Cotton Agreement, Texas Ports and the Port of Lake Charles, Louisiana.” The Labor Manag...
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ORDER On December 5, 1974, defendant filed a Motion for Summary Judgment, and on December 6, 1974, plaintiff also filed a Motion for Summary Judgment, in the above-entitled action. The matter, having been fully briefed and argued by both sides, has been finally submitted and is presently ready for decision. The facts of the transactions upon which the ease is premised are complex and...
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MEMORANDUM OPINION The court has before it various motions requesting dissolution of the judgments entered in this ease. The court has been bombarded with motions, amendments, materials supporting the motions, and supplemental materials supporting amended motions. It has patiently listened to several hours of post-trial arguments by counsel representing various parties. There have been allegations...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW At the time this Court entered its Order of Summary Judgment and Judgment, it reserved the right within thirty days from the entry thereof to file Findings of Fact and Conclusions of Law in this nonjury diversity and declaratory judgment action. During the pendency of this litigation extensive discovery was had by the parties, and based upon th...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action having come on for trial without jury on July 8, 1975, and the Court having heard the evidence and considered the written memoranda and oral argument of counsel, finds the facts, and states its conclusions of law thereupon, as follows: FINDINGS OF FACT 1. Plaintiff is a Hawaii corporation, and is the successor registrant of tha...
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OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiff United States of America has moved for Partial Summary Judgment in this school desegregation case. 1 The Court has indicated in another opinion and order, filed August 28, 1975, 400 F.Supp. 1131, that the present complaint will be dismissed if an amended complaint is not filed within ten (10) da...
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OPINION AND ORDER GRANTING IN PART DEFENDANT FERNDALE BOARD OF EDUCATION’S MOTION TO DISMISS COUNT I AND DENYING DEFENDANT’S MOTION TO STRIKE This action was commenced by the United States on May 22, 1975, alleging that the public elementary schools of the School District of Ferndale, Michigan, were operated in a racially discriminatory manner in violation of the Equal Educational Opportunity Act ...
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OPINION AND ORDER GRANTING STATE DEFENDANTS’ MOTION TO DISMISS COUNT I This action was commenced by the United States on May 22, 1975, alleging that the public elementary schools of the School District of Ferndale, Michigan, were operated in a racially discriminatory manner in violation of the Equal Educational Opportunity Act of 1974 (EEOA), 20 U.S.C. § 1701 et seq., and the Fourteenth Amendment...
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OPINION AND ORDER The plaintiffs Ruane, a jockey, and the Jockeys’ Guild, Inc. (“Guild”), a national association which represents the interests of member jockeys, bring this civil rights action against the New York State Racing and Wagering Board (“Board”) and the Board of Stewards 1 pursuant to 42 U.S.C. § 1983. The complaint requests monetary, declaratory, and injunctive relief because of certa...
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OPINION This is an action for infringement of two utility patents and a design patent owned by plaintiff Plantronics, Inc. (Plantronics), relating to lightweight headsets (microphone and earphone assemblies) as used, for example, by airplane pilots and air traffic controllers. The action was tried without a jury, and this opinion comprises the Court’s findings of fact and conclusions of l...
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MEMORANDUM AND ORDER In- this action for alleged infringement of plaintiffs’ C. O. Musser U.S. patent 2,873,639 on a toy piano, defendants have moved for a summary judgment that none of their three accused devices infringes the patent. None of the twelve claims of the patent is literally readable on any of the three accused devices. The patent has only two independent claims, 1 and 7. Each calls f...
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OPINION AND ORDER This application for a preliminary injunction involves a needless morass of *1388 procedural and practical problems. The instant application is a request in two parts. The first is that I preliminarily enjoin and restrain defendants from increasing .the transit fare from 35 cents until such time as the Transportation Control Plan is fully implemented, and se...
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MEMORANDUM OPINION AND ORDER Defendant, Héctor Bienvenido Núñez Cordero, was initially charged with a violation of 21 U.S.C. § 841(a)(1) and 846 for alleged possession with intent to distribute cocaine, a Schedule II Controlled Substance. As a result of the preliminary hearing held before the U. S. Magistrate on March 11, 1975, said charges were dismissed. Defendant was then indicted by the Grand ...
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MEMORANDUM Albert Wayne Morris, a federal prisoner, brings a petition pursuant to 28 U.S.C. § 2241 wherein he alleges that his present confinement is in violation of the Constitution of the United States. He also seeks a reconsideration of his parole determination, which the Court will construe as a petition for a writ of mandamus pursuant to 28 U.S.C. § 1361. More specifically, petitioner alle...
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OPINION On December 12, 1968, the crab fishing vessel NORTH SEA broke apart while encountering gale winds and mountainous seas, and was lost off Sen-net Point, Alaska. Poul Henning Beer-Hansen and Elmer Thomas Olsen, crew members, and Edwin T. Grabowski, master, perished. Benjamin Golodoff, crew member, survived. At the time of the casualty the NORTH SEA was owned by Northern Fishing...
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MEMORANDUM AND ORDER This action represents one step in what has become a rather lengthy struggle undertaken by the plaintiff named above in an effort to recover for certain losses allegedly sustained in connection with a construction project in the City of Plymouth, Wisconsin. By motion filed January 29, 1973, counsel for the defendant have urged this Court to dismiss this action for failure to m...
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ORDER This is a civil action for injunctive relief and money damages brought pursuant to 17 U.S.C. § 101 and 28 U.S.C. § 1338. The complaint alleges three causes of action. In all three causes, plaintiffs allege that defendant infringed a copyright belonging to one of the plaintiffs by giving public performances of á copyrighted composition for the entertainment of persons frequentin...
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MEMORANDUM This is an action against a United States Attorney and his assistants, agents of the Department of Justice, and agents of the Internal Revenue Service of the Department of the Treasury for damages for alleged jury tampering occurring at the plaintiff’s aborted criminal trial. The claim is that during the criminal trial the defendants (who were prosecutors and others associating...
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MEMORANDUM OPINION INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction During the period 1969-1971 1 a number of large-scale demonstrations took place in the District of Columbia to protest various actions taken by the federal and city governments. Participants sought to exercise their rights under the First Amendment peaceably “to assemble, and to petition ...
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MEMORANDUM OF DECISION AND RESERVATION OF QUESTIONS This is a partial decision in a bifurcated trial before a three-judge court. What we presently decide goes to the merits, and maybe the heart of the matter, but is only one of several difficult questions presented. In the beginning, (October 16, 1973) this was a lawsuit brought by the United States in the form of a “pattern and prac...
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MEMORANDUM OPINION We are here concerned with problems arising out of a Government Motion to Compel Testimony from attorneys summoned to appear before a Federal Grand Jury in the Western District of Pennsylvania. The attorneys when questioned all invoked the attorney-client privilege at the direction of their clients. BACKGROUND A Special Grand Jury has been investigating George...
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OPINION and JUDGMENT Fred Gibson, a prisoner at the Charlottesville-Albemarle Joint Security Complex has filed this pro se complaint alleging negligence in the operation of his electric cell-door and inadequate medical treatment subsequent to the injuries he received from such negligence. The respondents in this action are the Charlottesville-Albemarle Joint Security Complex, its Administrator, Al...
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OPINION AND ORDER Petitioner has exhausted his state court remedies within the meaning of 28 U.S.C. § 2254. I accept and adopt the findings made by the state court and embodied in the “proposed findings of fact” set forth in the report and recommendation of the United States Magistrate. The directions from the Supreme Court of the United States and the United States Court of Appeals for the...
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MEMORANDUM OF OPINION AND ORDER I. STATEMENT OF FACTS This case arises from a dispute over the use of 75 acres of land owned by the plaintiff within the City of Davis, California. The plaintiff, M. J. Brock & Sons, Inc., has alleged that the defendants City, City Council, Planning Commission, Planning Director, and individuals associated with these governmental units have engaged in ...
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MEMORANDUM AND ORDER This case involves, as did another case recently before this Court, the requirements of procedural due process in the context of Title XVI of the Social Security Act (Supplemental Security Income Program). See Hannington v. Weinberger, 393 F.Supp. 553 (D.D.C.1975). Plaintiffs in this action attack three exceptions to the general rule contained in defendant’...
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MEMORANDUM AND ORDER On December 10, 1974, the District of Columbia Court of Appeals filed an opinion in Commissioner of District of Columbia v. Benenson, 329 A.2d 437 (1974), in which the Court affirmed the District of Columbia Superior Court which had ordered defendants-appellants to issue to plaintiffs-appellees a permit to demolish the nonstructural elements of the Willard ...
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RULING ON MOTION FOR AN AWARD OF COUNSEL FEES This civil rights class action was commenced on March 8, 1973, challenging the *1181 constitutionality of Conn.Gen.Stat. § 31-236(5), which disqualified women from receiving unemployment compensation benefits in the two months before and after childbirth. After the complaint was filed, the Connecticut legislature repealed the statu...
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ORDER VACATING SECTIONS I and II OF THE MAY 3, 1974 ORDER Sections I and II of this Court’s order of May 3, 1974 declared invalid the ’912 patent because the subject matter of the invention had been sold before the critical date of April 19, 1956. Title 35, United States Code, § 102(b). Additionally, in Section II the Court held that the inventors Seem and Stoddard had abandoned the invention clai...
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MEMORANDUM OPINION AND ORDER Plaintiff, Piper, Jaffray & Hopwood, a stock brokerage corporation having its principal place of business in Minnesota, brought this action against the Mary Schatz and Elaine Ladin Trusts and Jacob H. Ladin, individually as trustee of these two trusts. The plaintiff is seeking to recover a net deficit in the margin accounts established by these two trusts whic...
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OPINION AND ORDER By complaint filed July 24, 1974, plaintiff William H. Brown, Trustee of the Estate of Star Electric Supply, Incorporated (Star Electric), a bankrupt corporation, initiated this plenary action, praying for recovery of $5,193.22, a sum he alleges was transferred to defendant, Tru-Lite, Incorporated (Tru-Lite), under factual circumstances constituting a voidable preference...
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MEMORANDUM OPINION In 1971 the Department of Dental Hygiene was added to the College of Dentistry of the University of Oklahoma. Annual input of students has been sixteen (16) per year. It appears that five (5) alternates are also selected each year to be numerically used if any of the sixteen (16) fail to enter the program. A Selection Committee to pick the sixteen (16) entrants and five (5) a...
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ORDER The plaintiff has requested leave of court to file in forma pauperis “his Civil Rights Action, authorized by Title 42, U.S.C.A. sec. 1983.” He asserts the jurisdiction arises under 28 U.S.C. §§ 1343, 2201, 2202 and 42 U.S.C. §§ 2000a, 2000a-l and 2000b-l. A black prisoner at the Federal Reformatory at El Reno, Oklahoma in this judicial district, the plaintiff complains that he has been subj...
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*1317ORDER This is a purported Civil Rights proceeding which the plaintiff seeks to file in. forma pauperis. From the court’s examination of the complaint and the papers attached thereto it appears that the petitioner has a sore toe. He was given one operation at the institution which did not completely resolve the problem. He has been offered further corrective surgery but has refused to accept i...
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OPINION This is an action challenging the constitutionality of the Pennsylvania Act of 1959, P.L. 58, §§ 1413 and 1414, as amended by the Act of 1967, P.L. 30, § 1, 75 P.S. 1413 and 1414. Under § 1412 of the Act, it is the duty of the Prothonotary of any court in which a judgment resulting from the operation of a motor vehicle is rendered to forward to the Secretary of Revenue a certified cop...
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MEMORANDUM AND ORDER Petitioner was indicted on March 7, 1967, for unlawful possession of heroin. He was tried before a jury on May 28, 1968, on a plea of not guilty in the 174th District Court of Harris County, Texas, in Cause No. 124,842. The jury found petitioner guilty and assessed punishment at fifteen years confinement in the Texas Department of Corrections. Petitioner appealed his convic...
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OPINION In this suit, Ben Franklin Coleman alleges that the defendants, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereafter the “International”) and Local No. 171 of the International (hereafter “Local 171”), violated the duty of fair representation owed to him by negotiating and executing a collective bargaining agreement with the Kroger Com...
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MEMORANDUM OPINION This case arises under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. .30 U.S.C. § 901 et seq. Part B establishes a program for the payment of benefits by the Federal Government to coal miners or their survivors who meet the eligibility requirements of the Act and regulations promulgated thereunder. In general, benefits are payable to liv...
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MEMORANDUM OPINION ON PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS This is a class action brought by plaintiffs, who represent the minority shareholders and warrant holders of Wilson Sporting Goods Co. (“Wilson”). The case arises from the efforts of the plaintiffs originally to enjoin, and presently to seek damages, arising from the merger of Wilson into the defendant PepsiCo. (“PepsiCo”)...
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MEMORANDUM Defendant International Business Machines Corporation (IBM) has applied to this court for an order which in effect embodies the provisions of two proposed orders submitted by the Special Master (Master) appointed in this matter. These proposed orders would require plaintiff Xerox Corporation (Xerox) to search for and to produce certain documents and information. On March 2...
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OPINION This matter is now before me on a motion by the defendant, Tommy Charles Thompson, for a new trial. On April 30, 1975, the defendant was found guilty by a jury on two counts of robbery and assault with a dangerous weapon in violation of 18 U.S.C. § 2113(a) and (d). The defendant, asking for a new trial, argues that the court (1) erred in admitting a prepared diagram of the possible escape ...
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OPINION This lawsuit is but one of a handful of civil actions initiated by plaintiffs in various courts to protest practices and policies of the government, the judiciary and professional organizations. Plaintiffs are members of an organization known as the American Constitutional Rights Protective Association. Named as defendants are virtually the *222 entire Pennsylvania an...
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MEMORANDUM OPINION AND ORDER This is a diversity civil action for damages arising out of a collision between the defendants’ train and the plaintiff’s automobile upon a railroad grade crossing across property owned by the plaintiff. 28 U.S.C. §§ 1332(a)(1), (c). The defendants moved to dismiss the action for the failure of the plaintiff to state a claim upon which relief can be granted. Rule 12(b...
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OPINION and JUDGMENT In this case the court is requested to review the findings of fact made by an Administrative Law Judge from a hearing which he held to determine the validity of a claim for Social Security hospital benefits under 42 U.S.C. § 426. The claimant, Mary Margaret Sizer, is ineligible to receive those benefits unless she can show that during a period of about five years she was an “e...
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OPINION and JUDGMENT This case is before the court on respondents’ motion for summary judgment. Petitioners, James Greear and Bill Lawrence, are inmates within the Virginia Department of Corrections at the Augusta Correctional Unit (#10) *1204 and the Virginia State Penitentiary, respectively. Respondents are correction officials employed by the Commonwealth of Virginia. Petitioners allege th...
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OPINION and JUDGMENT Petitioner, Everett Otis Shrader, has filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254 attacking the validity of his conviction on August 16, 1973 in the Circuit Court of Giles County for first degree murder. He was sentenced to serve a life term in the Virginia State Penitentiary. He appealed his conviction to the Virginia Supreme Court, which by orde...
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MEMORANDUM OPINION This is an action brought against a motor-powered towboat, Chippewa, and its owner, Intermarine Associates, Inc. (Inter Marine) by the First State Bank of Fountain City, Wisconsin (First State Bank), and various intervening plaintiffs. The controversy centers around the order in which plaintiffs should be allowed to recover their claims against the boat from the proceed...
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MEMORANDUM OPINION This ease is now before the Court on remand from the decision of the'United States Supreme Court in Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 693 (1974), and the order of the Seventh Circuit dated October 29, 1974 to this Court, and pursuant to the motion of the plaintiffs to require notice to members of the plaintiff class. The only remaining question in...
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ORDER This matter is before the court on defendant’s resisted motions to dismiss, for judgment of acquittal, and for new trial, respectively filed July 28, August 12, and August 12, 1975. The two-count indictment in this case charges defendant in count 1 with violating 18 U.S.C. § 17021 2*****and in count 2 with violating 18 U.S.C. § 1708.2 On the morning when trial was scheduled to commence, defe...
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MEMORANDUM OPINION AND ORDER This is a suit brought to vindicate alleged constitutional violations under 42 U.S.C. § 1983, with authority in this Court under the provisions of 28 U.S.C. §§ 1343(3), (4). There is also a prayer for declaratory relief under 28 U.S.C. *1241 §§ 2201, 2202. The gravamen of the suit is an attack on the constitutionality of K.R.S. 218A.270(1)(e). Due...
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The Federal Water Pollution Control Act (WPCA), 33 U.S.C.A. § 1161(b)(4) requires the “person in charge” of a vessel or an offshore or onshore facility to notify the appropriate federal agency when his vessel or facility discharges oil into surrounding water. The Act extends a measure of protection to persons who comply with this requirement. It provides that information obtained by the governm...
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MEMORANDUM OPINION AND ORDER This is an action for judicial enforcement of an administrative summons issued by the Internal Revenue Service (IRS). Jurisdiction is proper under 26 U.S.C. §§ 7402(b), 7604(a). The pleadings, petitioner’s affidavit, exhibits, and testimony adduced at the show cause hearing in this ease disclose the following facts. Petitioner James Budde, a special agent assigned to ...
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OPINION Plaintiff brings this suit to enforce a grievance arbitration award ordering reinstatement of one of its members who was wrongfully discharged. The defendant argues that it has fully complied with the award by reinstating the employee, although it admits transferring him from his former base in the Upper Peninsula of Michigan to the St. Paul, Minnesota area. Plaintiff contends tha...
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MEMORANDUM AND ORDER This action arises out of an incident that occured at a retail department store owned and operated by the defendant Dayton-Hudson Corporation (hereinafter Dayton’s) in St. Paul, Minnesota. The individual defendant, John Kelly, a security employee of Dayton’s, stopped and questioned the plaintiffs, then customers of defendant’s retail store, about a pair of pants then though...
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FINDINGS OF FACT, CONCLUSIONS OF LAW and JUDGMENT ORDER In this patent infringement suit, the principal issue is whether a claim is invalid for lack of novelty or obviousness, or whether the entire patent is invalid for failure to disclose the best mode. As will become apparent, the Court has resolved these is*2sues in favor of defendants and will enter judgment accordingly. I Findings of Fact 1) ...
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MEMORANDUM OPINION AND ORDER In this action the plaintiffs challenge the validity of § 6170, Appendix III of the Regulations of the Pennsylvania Department of Public Welfare 1 which provides emergency assistance payments to needy recipients for special needs resulting only from civil disorders or natural disasters. The plaintiffs contend that § 6170, Appendix III violates the S...
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This is the first federal case to adjudicate the constitutionality of a nocturnal juvenile curfew ordinance. Despite the widespread prevalence of juvenile curfew ordinances, there is a surprising paucity of legal authority dealing with the validity of such enactments, there being no federal cases and relatively few state cases. 1 *1246 Plaintiff, Jo-Ann Bykofsky, on her ow...
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MEMORANDUM OPINION This is an action under 15 U.S.C. § 634(b)(1) by the First National Bank of McMinnville, Tennessee (bank) to recover from the Small Business Administration (SBA) a portion of a loss the bank sustained on a loan to Excel Manufacturing Company (Excel). Trial was to the Court on August 8, 1975. The bank and SBA were operating under a blanket agreement, whereunder, inter alia, SBA g...
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OPINION AND ORDER These are petitions for writs of habeas corpus by inmates confined at the Federal Correctional Institution at Oxford, Wisconsin, in this district. In each proceeding, the respondent or respondents have opposed the petition on the ground, among others, that the petitioner has failed to exhaust his administrative remedies. I have consolidated these petitions for the purpose of a...
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ORDER Plaintiff Midland National Bank has sued defendants Cousins Properties, Jabeo Industrial Properties, Inc., and others based on securities violations and fraud in inducing Midland to make a loan of $5,000,000 to the debtor, Jabeo Twenty-One. The case is presently before the Court on defendant Cousins Properties Incorporated’s motion filed July 3, 1975, to join additional parties or in the al...
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This suit, seeking to desegregate the East Baton Rouge Parish school system, was originally filed on February 29, 1956, almost 20 years ago. Over the years, many hearings have been held and many orders have been issued by this Court in an effort to bring the *1015 operation of this school system within the requirements of the United States Constitution as it understood those requirements to be....
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Lucien St. Julien was employed by Frank’s Casing Crew as a stabber. His job was to assist in running casing (pipe) into oil and gas wells. He worked on a board high in the derrick known as a stabbing board, and guided the casing into its proper place. His duties were the same whether the well was being drilled on dry land or from a fixed platform erected over water or from a submersible rig. He...
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OPINION AND ORDER These actions for wrongful death arise out of the crash of a Delta aircraft in Boston, Massachusetts on July 31, 1973. By order of the Judicial Panel on Multidistrict Litigation, cases were transferred to this Court from the district courts in New Hampshire, Vermont and Florida for consolidated and coordinated pretrial proceedings pursuant to 28 U.S. C.A. § 1407 (Supp.19...
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MEMORANDUM OPINION This diversity action was filed against the City of Bay St. Louis, Mississippi, a municipal corporation, seeking damages for serious and permanent personal injuries sustained by the then sixteen (16) *377 year old plaintiff as a result of his having dived off a pier or wharf alleged to have been owned and maintained by the defendant for public recreational purposes. The p...
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ORDER Statement of Facts For several months in late 1972 through early 1973, agents of the Office of The Inspector General, United States Department of Agriculture, investigated the allegations of irregularities in the Sumter County Office of the Farmer’s Home Administration. The defendant was the County Supervisor in charge of that office during the period in question. *977 In February 1...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Came on to be heard in the captioned cause, pursuant to the Order to Show Cause entered herein on July 24, 1975, the question why Defendant’s bond should not be revoked, or, in the alternative, increased, pending his further appeals from the Judgment of Conviction heretofore entered against him; and came on to be heard, also, the Motion of the Surety, Cli...
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OPINION AND JUDGMENT The petitioner, an inmate at the State Industrial Farm for Women, Goochland, Virginia, has filed this petition, by counsel, for a writ of habeas corpus. The petitioner has already appealed her state court conviction for second degree murder to the Supreme Court of Virginia. The appeal failed. She then petitioned this court for a writ of habeas corpus, but her petition was d...
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MEMORANDUM OPINION AND PARTITION DECREE Acknowledgments Most Virgin Islands partition actions, such as this one, involving heirs and land on the island of St. John, demand “the wisdom of Solomon and the patience of Job”. As for the exercise of patience in this case, the attorneys and their clients, the commissioners and even the judge, with his court reporter and law clerk, endured as Job’s disc...
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MEMORANDUM AND ORDER The defendants, Judges James J. Richards and Joseph Meszar, contend that they have judicial immunity from suit, which encompasses any action under 42 *555 U.S.C. § 1983, as brought by the plaintiffs in the instant action. The principle of judicial immunity has been long a part of our common law and the rationale for the same was succinctly stated by the Supreme Court of...
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OPINION Edgar Hebert, an employee of Savoie Boat Rentals, Inc. and a crewboat skipper of its boat, the Glen K, drowned while in the course of his employment. Mr. Hebert was assigned to make runs between Wheless Drilling Company Barge # 8 and a boat landing ashore. The plaintiffs brought this action under the Jones Act and the general maritime law against Savoie Boat Rentals, Inc., Wh...
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Defendants’ motions to dismiss the indictment, for change of venue and for review of the minutes of the Grand Jury have previously been disposed of. In addition, defendants have submitted several discovery and procedural motions. I. MOTION FOR BILL OF PARTICULARS Rule 7(f), Federal Rules of Criminal Procedure, provides a court may direct the filing of a Bill of Particulars. Whether to do so...
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The Court has before it defendants’ motion to dismiss the indictment against them for violation of 18 U.S.C. § 1461, use of the mails to transport obscene matter. The indictment was returned on January 24, 1975, charging two counts of mailing obscene advertisements and one count of mailing obscene material into Winnsboro and Lecompte, Louisiana, both in the Western District of Louisiana. D...
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OPINION AND ORDER This is an action brought under the Freedom of Information Act, 5 U.S.C. § 652, in which the various plaintiffs seek to inspect certain files allegedly concerning them which supposedly were prepared by various government agencies and are in the care and custody of the defendant Central Intelligence Agency (hereinafter referred to as the “C.I.A.”). The plaintiff has requested fur...
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MEMORANDUM OPINION AND ORDER INTRODUCTION In this civil rights action, brought individually and on behalf of all other per *1254 sons similarly situated, 1 plaintiff Kenneth Meisel challenges the constitutionality of a Pennsylvania statute, § 419(b) of the Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4419(b). The statute provides for the summary revocation, by directors of ...
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OPINION This case presents questions of the scope of the protection afforded to an individual who is compelled, under a grant of immunity, to testify over his claim of the Fifth Amendment privilege against self-incrimination. On November 12, 1974, Earl H. Henderson appeared, pursuant to subpoena, before a federal grand jury in this District. When asked certain ques *420 ...
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RULING ON MOTION Plaintiffs filed the original complaint in this action on May 4, 1970, joining 29 defendants and stating a single claim under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2 (1970). More than five years later, after extensive *385discovery and a successful appeal from a dismissal on the jurisdictional question still to be resolved, plaintiffs now have moved to amend and su...
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The plaintiff, a citizen of Australia and wife of a Louisiana citizen, instituted this action on behalf of the marital community acting as the authorized agent of her husband. She seeks monetary damages and a permanent injunction. All of the defendants are Louisiana citizens. This suit concerns community real property situated in Tangipahoa Parish. Mrs. Gaulter alleges that the defendants, Edwa...
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OPINION AND ORDER This is a petition for a writ of habeas corpus. On November 17, 1961, petitioner was convicted in the Circuit Court of Ingham County, Michigan, upon his plea of guilty to a charge of assault with intent to commit murder (C.L.1948 § 750.83). He now attacks the validity of the conviction on various grounds, which may be summarized as follows: I. He was deprived of his Sixth ...
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OPINION Paul R. Fincher, an adult resident citizen of Pearl River County, Mississippi, filed this diversity action against Ford Motor Company, a non-resident corporation, having a registered agent for service of process in Mississippi. Plaintiff’s action on account of personal injuries received when his tractor started up in gear and ran over him is based on strict liability in tort and on ordi...
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FINDINGS, OPINION AND ORDER This is an action brought on November 8, 1973, in which plaintiffs, E. Dale Fenton and Wanda Fenton charge defendant, Citizens Savings Association (Citizens) with having violated certain provisions of the Truth In Lending Act, 15 U.S.C. § 1601 et seq. and Regulation Z issued pursuant thereto by the Board of . Governors of the Federal Reserve System. 1 ...
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ORDER DENYING MOTION FOR WITHDRAWAL OF GUILTY PLEA UNDER RULE 32(d) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, OR IN THE ALTERNATIVE MOTION UNDER SECTION 2255, TITLE 28, UNITED STATES CODE This is a motion to withdraw a guilty plea under Rule 32(d) of the Federal Rules of Criminal Procedure on the grounds that the plea was induced by an unkept plea bargain and that the plea was coerced. The motio...
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*10 MEMORANDUM This matter is before the Court on the cross motions for summary judgment of the plaintiff and the Secretary of Health, Education and. Welfare. Plaintiff is an ex-miner seeking black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. § 901 et seq. After plaintiff’s claim was initially denied, a Hearing Examiner considered the clai...
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405 F. Supp. 406 (1975) George W. GLASGOW, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant. No. Civ. S74-444. United States District Court, E. D. California. August 18, 1975. *407 Thomas Vasaly, Shasta County Legal Aid Society, Redding, Cal., for plaintiff. Richard W. Nichols, Asst. U. S. Atty., Sacramento, Cal., for defendant. MEMORANDUM AND ORDER WILKI...
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MEMORANDUM OPINION This matter came before the Court on a second appeal from findings of the bankruptcy judge wherein the bankrupt, Arthur Raymond Tucker, was denied a discharge in bankruptcy. A petition in bankruptcy was filed and pursuant to the provisions of the Bankruptcy Act, § 21(a), Title 11, United States Code, § 44(a), the usual hearings were conducted. The Trustee in Bankruptcy did ...
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OPINION The Matsushita Electric Corporation of America (Panasonic) is before this Court seeking review of an order of the Bankruptcy Court which denied Panasonic’s right to recover certain merchandise sold and delivered on credit to Federal’s, Inc., as against the claim of Federal’s receiver. The goods in question were delivered to Federal’s just prior to the filing of its Chapter XI peti...
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OPINION Defendants move to dismiss the complaint in this derivative and class action suit. Count one alleges violations of section 10(b) of the 1934 Securities Exchange Act 1 and of reporting provisions of that Act, sections 13(d) and 14(f). 2 In the second count, plaintiffs assert a claim based on state law. The claims arise from the purchases of 648,866 shares of stock of American Recreat...
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OPINION Plaintiffs in this suit seek declaratory and injunctive relief and back pay in connection with their assertions that they were and are improperly denied classification of GS (General Schedule)-^ investigators of the United States Immigration and Naturalization Service (INS). For the reasons stated *341 infra, the relief requested must be denied and the complain...
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OPINION AND ORDER These three cases are appeals from final decisions of the Secretary of Health, Education and Welfare under Title IV of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. 91-173, as amended by the Black Lung Benefits Act of 1972, Pub.L. 92-303, now codified at 30 U.S.C. § 901 et seq. [hereinafter, “the statute”]. Mr. Begley, Mr. Spears and Mr. Nutter are' miners who have ...
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OPINION On February 6, 1975, William Getz, pro se plaintiff, filed this action against Gary Bruch, a police officer with the Easton, Pennsylvania, Police Department, charging that the defendant, acting under color of law, violated his civil rights under 42 U.S.C. §§ 1983 and 1985 and the Fourteenth Amendment. He seeks an award of damages. The complaint alleges that on Nove...
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OPINION As will be seen in this opinion, Plaintiffs’ claim of an action pursuant to the Civil Rights Act, 42 U.S.C. § 1893 in reality concerns a labor dispute.1 The individual Plaintiffs were employed by Defendant Autoridad de las Fuentes Fluviales de Puerto Rico (hereinafter called the “Authority”) which, as established by law2 and as alleged in both Complaints, is a governmental instrumentality ...
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FINDINGS OF THE COURT A jury has convicted the Defendants Tommy Joe Holt, Michael Eugene Harp, Jerry Wayne Bailey and Michael David Harstrom of injuring a federal witness in violation of 18 U.S.C. § 1503. The case is now before the Court on the government’s notice to seek enhanced sentences for all Defendants except Harstrom pursuant to 18 U.S.C. § 3575. After hearing, and for the reasons...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed this action challenging the final decision of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b) which incorporates § 205(g) of the Social Security ...
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MEMORANDUM OPINION INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff is an American manufacturer and seller of portable electric typewriters and portable manual typewriters. The defendants are The United States International Trade Commission (the “Commission”) and the several members thereof, the Secretary of the Treasury (the “Secretary”), the Assistant Secretary of the Tr...
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OPINION AND ORDER I. Background, of the Litigation On April 28, 1973, a day-long series of explosions shook the city of Roseville, California. The explosions, which were caused by the accidental detonation of a train of bomb-laden boxcars, resulted in personal injuries, heavy damage to real and personal property and the evacuation of approximately 35,000 people. According to our records, 71 actio...
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MEMORANDUM Plaintiffs seek an Order of this Court granting a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. 1 Defendants have cross-moved to dismiss pursuant to Rule 12(b). 2 For the reasons stated below, the motion for a preliminary injunction is granted and the motion to dismiss is denied. The facts underlying this dispute are fairly simple. Plaintif...
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OPINION Petitioner seeks habeas corpus relief under 28 U.S.C. § 2255. Petitioner, Edward Browder, alias James Chisum-Burns, was charged by federal indictments in Oregon, Florida, and California and by federal information in Georgia with pledging stolen securities transported in interstate commerce. 18 U.S.C. § 2315. He agreed to transfer the pending out-of-district cases into Oregon for conso...
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OPINION and ORDER This suit was brought by plaintiff individually and on behalf of all others similarly situated seeking declaratory and injunctive relief and monetary damages “to redress the deprivation of rights against racial discrimination in employment secured to plaintiff by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2'000e et seq. and 42 U.S.C. §§...
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ON MOTION FOR TEMPORARY INJUNCTION This is a Civil Rights action in which jurisdiction is founded upon 42 U.S.C. § 1983. Plaintiffs are state penal inmates alleging various violations of their constitutional rights during their incarceration in the Behavioral Adjustment Unit (B.A.U.) of the State Correctional Institution at Pittsburgh, Pennsylvania (S.C.I., Pgh.). The immediate matter before th...
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OPINION and JUDGMENT Beverly Lam, an inmate at the Virginia State Penitentiary, Richmond, Virginia, has filed this pro se petition for a writ of habeas corpus. Read liberally, his petition alleges four grounds for relief: the evidence did not support his conviction for murder in the first degree; some testimony at trial was inadmissible; the issue of the petitioner’s intoxication was not establish...
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MEMORANDUM ORDER This is an action brought by Appalachian Power Company (hereinafter referred to as “Appalachian”) seeking a preliminary and permanent injunction to restrain and enjoin the defendants from applying and enforcing the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, against it, and seeking a judgment declaring that the plaintiff is not an ...
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In this action the plaintiff seeks declaratory and injunctive relief because of his having been committed without a hearing pursuant to Wis.Stat. § 51.10 (1973) to the Milwaukee County Child-Adolescent Treatment Center [CATC]. On July 22,1975, a three-judge panel held a hearing to consider action on four pending motions. At the conclusion of the hearing, the court orally denied the motion of the ...
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ORDER This case is before the Court on the parties’ cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This Court has jurisdiction under Section 301 of the Labor-Management Relations Act (the “Act”), as amended, 29 U.S.C. § 185, to entertain suits for the enforcement of arbitration awards. The material facts are not in dispute. Plaintiff, ...
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OPINION Julius Cottman is currently confined at M.C.I. Norfolk after having been convicted in 1966 on state charges of kidnapping and armed robbery. 1 He now brings this action seeking a writ of ha-beas corpus, pursuant to 28 U.S.C. § 2241, alleging that: (1) He was deprived of effective assistance of counsel throughout the state proceedings which led to his convictions and (2)...
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OPINION Plaintiff, Gary A. Cooper, a white adult resident of Ocean Springs, Mississippi, filed this action against the Ocean Springs Municipal Separate School District; Allen T. Curry, individually and as superintendent of the Ocean Springs schools; J. Don Brown, principal of the Ocean Springs Junior High Annex; and each of the members of the district’s board of trustees, in their individual and r...
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OPINION This is yet another lawsuit arising from the 1969 contest between General Host Corporation (“General Host”) and a wholly-owned subsidiary of the Greyhound Corporation (“Greyhound”) for control of Armour & Co. (“Armour”). 1 Plaintiff Alan L. Spielman brings this class action on behalf of holders of Armour common stock or convertible debentures 2 against Genera...
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MEMORANDUM and ORDER This is a motion for a preliminary injunction. Initial evidentiary hearings *1105 have been held, but a full trial on the merits will be required. See Rule 65(a) (2), Federal Rules of Civil Procedure. Plaintiffs have shown a substantial probability of success on the merits and a high probability of irreparable injury unless immediate relief is granted. ...
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ORDER Opposing motions, filed on the same day in this court, demand decisions arising out of a novel procedural state. Defendant has moved for an order to enjoin the plaintiff from pursuing the *414state court default judgment, rendered by the Honorable Frank Eppes, Resident Judge of the Thirteenth South Carolina Judicial Circuit, at Greenville, South Carolina, on June 21, 1975. Another motion, c...
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MEMORANDUM AND ORDER The Defendant Enrique Alvarez-Gonzalez is charged by Grand Jury Indictment of possessing approximately 152 *932 pounds of marihuana with intent to distribute in violation of 21 U.S.C.A. § 841 (a) (1). To this charge he entered a plea of not guilty, waived his right to a jury trial, and submitted his case to the Court alone on the basis of evidence received at the hearing ...
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MEMORANDUM OPINION and ORDER Plaintiff has filed this suit challenging the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923 (b), which incorporates § 205(g) of the Social Security Act, ...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed this action challenging the final decision of the Secretary of Health, Education and Welfare denying his claim for “black lung” benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The jurisdiction of this court is based upon § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of th...
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ORDER DISMISSING COMPLAINT WITH PREJUDICE Thirty plaintiffs, all members of the American Constitutional Rights Protective Association, instituted this action against the President of the United States, the Attorney General of the United States, Chief Justice of the United States and five Justices thereof, the Governor of the State of Wyoming, United States Senator Edward Kennedy, the American B...
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MEMORANDUM AND ORDER This case is a class action 1 brought by and on behalf of persons who have been and are being denied marriage licenses in the District of Columbia solely for refusing to disclose their “color” on their marriage license applications. Beginning on September 16, 1971, this court issued a series of temporary restraining orders, 2 ordering the defendant to process the marria...
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OPINION Sitting by Designation. Plaintiffs Ivy Steel and Wire Co., Inc. and Food Fair Stores, Inc., on behalf of themselves and all others similarly situated, bring this class action for declaratory relief, namely, that Section 614.506 of Ordinance 71-747-334 of the City of Jacksonville, Florida is void as violative of the due process and equal protection clauses of the Fourteenth Amendment t...
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MEMORANDUM OPINION Plaintiff, Mad Hatter, Inc., a Michigan corporation, has sued defendant, The Last Moving Picture Company, formerly known as Mad Hatters Night Club Company (hereinafter defendant Ohio) and Mad Hatters Night Club Company of Michigan, Inc. (hereinafter defendant Michigan). Plaintiff seeks a declaratory judgment that its trade name and service mark does not violate the righ...
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TABLE OF CONTENTS I. INTRODUCTION ..........................'.........1282 A. The Claims......................................1282 B. The Parties .....................................1282 C. Litigation History ...............................1283 D. The BWCA......................................1285 E. The Seven Active Timber Sales....................1286 1. Sh...
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OPINION Plaintiff brings this action for damages against the City of New York and certain of its police officers alleging false imprisonment and malicious prosecution. The jurisdiction of this Court is based on diversity of citizenship pursuant to 28 U.S.C. § 1332. Pursuant to our direction, this case was tried to the Court on the issue of liability only (all counsel consented). For the reasons...
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ORDER On June 6, 1975, plaintiff, an Oklahoma corporation, filed this breach of contract action in the District Court of Garvin County, State of Oklahoma. Defendants petitioned for removal to this Court alleging that defendant Bill Boudreau, a citizen of the State of Oklahoma, was fraudulently joined to prevent removal and should be dismissed, for the reason that no claim may be stated against ...
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MEMORANDUM ORDER Defendant was previously convicted for extortion under the Hobbs Act on a charge that he, as a state senator, extorted funds under color of office from persons leasing property to the state. The defense was that these funds were voluntary contributions to a political fund, D.C., 390 F.Supp. 1098, aff’d 521 F.2d 639. Defendant, after conviction, was called before a grand jury ...
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OPINION The plaintiff, Mary Lincovich, widow of Andrew Lincovich, filed an Application for Survivor’s Benefits on August 7, 1970, under the Federal Coal Mine Health and Safety Act, as amended, based on the coal mine employment of her deceased husband. After terminating his employment as a miner because of his health, he obtained a truck which he used to haul coal which was loaded and unloaded m...
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MEMORANDUM This is an antitrust action brought by Doctors, Inc., a/k/a Doctors Hospital (hereinafter “Doctors”), a non-profit hospital located in Philadelphia, against Blue Cross of Greater Philadelphia, a/k/a Associated Hospital Service of Philadelphia (hereinafter “Blue Cross”) and Hospital Survey Committee, Inc. (hereinafter “HSC”), a private non-profit corporation, which serves as an ...
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ORDER This action, alleging racial discrimination, is brought by a former school administrator against the Chesterfield County School District and its officials. The defendants asserted two counterclaims: one for damages resulting from the alleged mishandling of public funds and another for an accounting of a “special fund” allegedly maintained by plaintiff while serving as a school administrator...
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*689DECISION AND ORDER This is an action by a union, pursuant to § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a), to compel arbitration under a collective bargaining agreement of a controversy involving the discharge of an employee. The issue presented is whether the defendant employer’s claim that the controversy was settled justifies a refusal to submit that claim to arbitrat...
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This is a criminal case in which defendant Joseph John Beni was indicted for unlawful possession and distribution of lysergic acid diethylamide (“LSD”), in violation of 21 U.S.C. § 841(a)(1). Defendant has filed a motion to suppress recordings or testimony relating to a telephone conversation between the defendant and an informant for the Drug Enforcement Administration (“DEA”) and evidence deriv...
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DECISION AND ORDER The defendants, who were indicted on two counts of attempting to evade and defeat income taxes owed by them in violation of 26 U.S.C. § 7201, have filed motions to dismiss the indictment, for severance or election, to suppress evidence, and for discovery. For the reasons hereinafter stated, their motions are denied. 1. Motion to Dismiss the Indictment Count I of the indictment s...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 29th day of July 1975. At the close of all the evidence, the plaintiff made an oral motion for a directed verdict. Said motion, having been taken under submission by the Court, is now hereby DENIED. Having considered the testimony, exhibits, stipulations and arguments of counsel, the Court makes the f...
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ORDER This matter was heard in open court as the result of a petition for a writ of habeas corpus filed on the 1st of August, 1975 and in accordance with the provision of the Canal Zone Code, Title 5, Section 1573 a writ was issued and the body of the defendant produced. The defendant is a soldier in the United States Army with the rank PVT E-2 and stationed at Fort Davis, Canal Zone. He is now im...
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ORDER This matter was heard in open court as the result of a petition for a writ of habeas corpus filed on the 1st day of August, 1975 and in accordance with the provision of the Canal Zone Code, Title 5, Section 1573 a writ was issued and the body of the defendant produced. The defendant is a soldier in the United States Army with the rank of SP4 and stationed at Fort Davis, Canal Zone. He is now...
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MEMORANDUM OF DECISION AND ORDER This cause is now before the court on the following motions: 1. Plaintiffs’ motion for determination of plaintiff and defendant classes filed February 20, 1975. 2. Defendants Campbell and Allen’s motion to dismiss the complaint filed March 18, 1975. 3. Defendant Busse’s motion to dismiss and to strike filed March 19, 1975. By order of this court, entered May 7, 19...
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On February 18, 1975, a United Parcel Service employee at Livonia, Michigan found that a package addressed to Greer, with an address for Haley listed as the return address, was undeliverable as the address was found to be nonexistent. Then, apparently pursuant to UPS regulations, the employee opened one corner of the package, attempting to find a bill of lading, and found a quantity of Trojan #...
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MEMORANDUM OPINION AND ORDER This suit was filed originally in Texas state court by Plaintiff, the Dahlgren Manufacturing Company, alleging an appropriation of Dahlgren Manufacturing’s trade secrets by Defendant, the Harris Corporation (hereinafter referred to either as Defendant or Harris). Harris removed to this Court on the basis of diversity of citizenship. With its answer, Harris fil...
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OPINION AND JUDGMENT Bobby Gene Wallen, an inmate at the Virginia Department of Corrections Botetourt Correctional Unit, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges the constitutionality of his conviction for grand larceny by the Circuit Court of Scott County, Virginia. He was tried on April 24, 1974 before a jury, convicted, and received a fiv...
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OPINION and JUDGMENT Lee Royal Williams, petitioner, has filed an action under 42 U.S.C. § 1983 alleging that the Virginia Probation and Parole Board (hereinafter the Board), respondent, denied him due process in denying him parole on December 23, 1974. Jurisdiction is conferred upon this court by virtue of 28 U.S.C. § 1343. Petitioner was allowed to proceed in forma pawperis with this pro s...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on to be heard before the Court on the 23rd and 24th days of June, 1975. The Court, after examining the pleadings and the evidence presented at the trial of this cause on the dates aforesaid, makes the following findings of fact and conclusions of law involved in the collision of the vessel GULF STREAM, owned by the plaintiff, M...
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OPINION AND ORDER CONCERNING THE PROPRIETY OF A CLASS ACTION Plaintiffs, Societe Generale de Banque, Rentinvest, North American Fund A and ITF Fund, Ltd., move this Court pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure for an order determining that this action shall proceed as a class action and, furthermore, that the class plaintiffs seek to represent shall be defined as all ho...
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MEMORANDUM AND ORDER This cause of action is before the Court on Defendants’ Motions For Summary Judgment. On June 23, 1975, the Court ordered Plaintiff to respond to the motions, and Plaintiff did so on July 2, 1975. Defendant Wood Brothers subsequently filed a reply on July 17, 1975. After having studied the motions and the briefs, the Court is of the opinion that a summary judgment mot...
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OPINION and ORDER The plaintiff Citizens Committee to Oppose Annexation (hereinafter CCOA) brought this action seeking to void and enjoin the enforcement of a state court decree ordering the annexation of portions of Campbell and Bed-ford Counties, Virginia to the City of Lynchburg, Virginia effective December 31, 1975. CCOA, which is an unincorporated association composed of citizens of Lynchbur...
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MEMORANDUM OPINION In this civil action, plaintiffs contend that the named plaintiffs, Emmett Player, Price Dwayne Coefield, and Charles Scott, are members of a class of black children in Alabama who have been discriminated against by the Alabama Department of Pensions and Security and six child-care institutions in the state. Named as defendants are the Alabama Department of Pensions and Secur...
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MEMORANDUM HISTORY OF THE CASE Plaintiff State of California, acting through the Department of Water Resources [hereafter DWR] initiated this declaratory and injunctive relief action against defendant Oroville-Wyandotte Irrigation District [hereafter OWID], Both DWR and OWID are agencies of the State of California. California Water Code § 120 and § 11102. Both DWR and OWID are also licensees ...
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OPINION The primal issue presented by this case is whether attorneys at law may state a claim for violation of their rights to practice their chosen profession. This action was brought by two licensed California attorneys against officials of the California state correctional system pursuant to Title 42 U.S.C. § 1983. 1 Jurisdiction is afforded by Title 28 U.S.C. § 1343. 2 Plaintiffs alle...
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MEMORANDUM This is an action brought by plaintiffs to quiet title to certain real property in Tehama County against the United States, pursuant to the provisions of Title 28 U.S.C. § 1346(f) and § 2409a. On October 25, 1972, the United States, for the first time waived sovereign immunity and consented to be sued as a party defendant in a quiet title action by the enactment of 28 U.S.C. § ...
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*528 MEMORANDUM OF DECISION I. Introduction: On 30 July 1975, the Court heard two motions filed by the defendant Bailey. One was a Motion to Dismiss for Failure of the Government to Provide a Speedy Trial. The other was an Alternative Motion for a Speedy Trial. The former was filed on 19 June 1975; the latter on 1 July 1975. Evidence was taken at the hearing. II. Background: On 18 May 1...
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MEMORANDUM AND ORDER Defendant has moved to vacate the judgment herein for plaintiff’s misconduct. The motion is “to vacate and set aside the Jury Verdict, Final Judgment and the Supplemental Final Judgment entered against Hawaiian in this cause ., or, in the alternative, to vacate the Jury Verdict and Final Judgment as to the dismissal of Count IV of Hawaiian’s Counterclaim (the claim against th...
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MEMORANDUM OPINION The issue pending in this motion for summary judgment is whether defendants, who are federal Government officials, are immune from liability for money damages. The gravamen is that defendants maliciously and wilfully violated Department of Housing and Urban Development (HUD) regulations, 1 Illinois statutes, and Chicago ordinances with respect to the maintena...
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Woodlake Development Company, the defendant in this action brought under *1006 the Interstate Land Sales Act, 15 U.S.C. Section 1701 et seq., has moved to dismiss the action on the ground that the Interstate Land Sales Act does not apply to sales of property “solely held for sale to residents of the state in which the land is situated,” or, in the alternative, to limit the plaintif...
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Plaintiffs are five Louisiana fishermen who seek declaratory and injunctive relief, on behalf of themselves and others similarly situated, against the enforcement of LSA-*939R.S. 56:499 (1975 Supp.) on the ground that it is unconstitutionally vague in its description of the kind and size of shrimp nets allowed in Louisiana waters. Plaintiffs further contend that the statute deprives them of rights...
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MEMORANDUM OPINION The claimant here, Mr. Madrey Lewis, heretofore filed an application for disability benefits under Sections 216(i) and 223 of the Social Security Act as amended, 42 U.S.C. §§ 416(i), 423. Following a hearing before an Administrative Law Judge on January 23, 1973, a decision was rendered on February 14, 1973, finding that the claimant was not entitled to a period of disability...
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OPINION Plaintiff, Harry Jacobson (“Jacobson”) seeks, pursuant to § 205(g) of the Social Security Act (“the Act”), 42 U. S.C. § 405(g), to review a final administrative decision of the Secretary of Health, Education and Welfare (“the Secretary”) rejecting Jacobson’s contention that his retirement insurance benefits were incorrectly determined. As there is no dispute as to any material fact, thi...
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MEMORANDUM OPINION AND SUPPLEMENTAL JUDGMENT On June 11, 1975, a Judgment in the above-styled action was rendered by this Court, pursuant to which defendant Trans-Oceanic Insurance Company was awarded against plaintiff Helvia Figueroa the sum of $69,585.91, plus “costs . . . and reasonable attorneys’ fees to be determined upon the filing of a bill of costs and affidavit . . . .” Counsel for defend...
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The above-styled cases, tried to the Court on the respective petitions filed in each, were appealed to the Court of Appeals where they were consolidated for disposition. On March 19, 1975, the Court of Appeals rendered its opinion affirming in part, reversing and remanding in part (McCray v. Sullivan, 509 F.2d 1332). I. MAIL CENSORSHIP The original petition by Jerry White a...
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*929 FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was commenced August 19, 1971, by the seven plaintiffs 1 against Evan H. Foreman, doing business as 16mm Filmland, alleging infringement of copyrights claimed by the respective plaintiffs in various motion pictures. The seven complaints, identical except as to the specific motion pictures on which infringement is...
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ORDER OF SUMMARY JUDGMENT This cause came before the Court upon cross motions for Summary Judgment filed by the attorneys for the Plaintiffs and for the Intervenor, the State of Florida. A default has been entered against the Defendants, so the factual allegations of the Complaint, except those relating to the amount of damages, will be taken as true. Trans World Airlines, Inc. v. Hughes, 449...
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DECISION The plaintiffs have been indicted and are now named in criminal cases presently pending in the Superior Court. Their indictments are two of several brought about through the efforts of the special prosecutor appointed under the Independent Special Prosecutor Act of 1974, Guam Public Law 12-173. Certain of these indicted defendants have challenged the authority of the special prosecutor, a...
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MEMORANDUM AND ORDER Defendants have moved for an order disqualifying plaintiff’s attorney, and the members of the law firm with which he is associated, from further participation in this case as counsel for plaintiff. 1 After careful consideration of all of the circumstances and of the memoranda, affidavits, and arguments of the parties and their attorneys, I am of the opini...
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OPINION AND ORDER OF THE COURT This case is here on remand from the United States Court of Appeals for the First Circuit for further proceedings not inconsistent with the opinion of that Court, United States v. Kennebec Log Driving Co., 491 F.2d 562 (1st Cir. 1973), vacating the judgment of this Court granting defendants’ motion for summary judgment and dismissing the complaint...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW The Securities and Exchange Commission (“Commission”) instituted this action for preliminary and permanent injunctive relief against seven defendants, charging them with violations or aiding and abetting violations of the registration provisions of the Securities Act of 1933 1 2 and the anti-fraud provisions of that Act ...
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OPINION This case is one of several that have been brought in federal district courts in recent years because of the Civil Aeronautics Board’s (CAB) attempt to formulate a policy of abstention from hearing labor disputes that arise in connection with airline mergers. The defendant, Delta Air Lines, Inc., has filed a motion to dismiss for lack of jurisdiction over the subject matter and for failur...
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OPINION On July 31, 1975, a probation violation hearing was held in the above-captioned .case. At the conclusion of the hearing, the Court made findings of fact from the bench. Counsel were given until August 5, 1975 to file briefs and proposed amendments or additions to the Court’s findings of fact. Reaugh has proposed the following additions to the Court’s findings of fact numbered...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiff, Susan Lynn Vorchheimer, 15 years old, is a female citizen of the United States of America. She resides with her parents at 9721 Chapel Road, Philadelphia Pennsylvania. This suit is brought on her behalf by her parents, Bert and Carol Vorchheimer, as guardians ad litem. 2. Defendant School District of Pennsylvania is an...
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Memorandum Opinion The above-styled-and-numbered cause of action comes before the court on cross-motions for summary judgment. A hearing was held May 15, 1975, at which time arguments of counsel were heard. The court has made the following determination which will constitute findings of fact and conclusions of law. In answer to a specific question by the court at the hearing, both parties...
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MEMORANDUM AND ORDER This is a Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) case before the Court on the Plaintiff’s Motion to Compel the United States to answer certain interrogatories. In her complaint, the Plaintiff complains that she was raped by Howard Lane, an inmate at the Seagoville (Texas) Federal Correctional Institution, while she was visiting another inmate there. She alleges th...
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MEMORANDUM OPINION AND JUDGMENT I BACKGROUND FACTS Plaintiff Anepac, Ltd. (“Anepac”), a British Virgin Islands corporation, brings this admiralty action in rem for salvage against Cayman International Towing Co., Ltd. (“Cayman”), owner of the salvaged barge “Great Sound”, registered in the Cayman Islands. In November, 1972, Cayman entered into a charter agreement with Caribbean Pacific, Ltd., wher...
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OPINION This is a petition brought by Sanford ■Thomas for a writ of habeas corpus under 28 U.S.C. § 2254. Respondent is the warden of the Missouri State Penitentiary where petitioner is presently serving a life sentence imposed by a jury in the Circuit Court of the City of St. Louis, Missouri. Petitioner’s complaints herein arise out of the case for which he is presently incarcerated. The grounds ...
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OPINION This is a class action against the New York City Transit Authority (“TA”) and the Manhattan and Bronx Surface Transit Operating Authority (“MABSTOA”) and certain of their officials. For convenience, both of these entities will usually be referred to hereafter collectively as “the TA.” Also sued are the New York City Civil Service Commission and the New York City Personnel Departme...
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OPINION and ORDER This cause is before the Court upon cross motions for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. Since both sides have filed briefs on the issues the Court deems the matter submitted for a final determination. The facts are conceded by the parties without dispute. Defendant sold plaintiff a policy of flood insurance prior to the construction of a bui...
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RULINGS ON DEFENDANTS’ MOTIONS RE: (1) LIMITATIONS; (2) RULE 12; (3) MASTER’S REPORT RE DISCOVERY By Designation. I. FACTUAL ALLEGATIONS ASSERTED BY PLAINTIFFS Since all of plaintiffs’, allegations concerning the conduct and actions chargeable to Home-Stake Production Company (Home-Stake) must be taken as though they were established facts, an understanding thereof is an essential first step in c...
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OPINION This matter is before the Court on remand from the United States Court of Appeals for the Third Circuit who determined that an aggrieved federal employee who brings suit in the District Court under 42 U.S.C.A. § 2000e-16(c) et seq. is entitled to a trial de novo. In the instant case, plaintiff, a federal employee, filed a complaint pursuant to the Equal Employment Opportunity Act of 1972, ...
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OPINION This is a Truth in Lending case which involves credit sale of an automobile purchased from McKnight Road Dodge, Inc. and financed through Chrysler Credit Corporation. The plaintiffs cause of action is based on alleged violations by the defendant of several disclosure provisions of the Act, 15 U.S.C.A., § 1601 et seq. and Regulation Z, 12 C.F. R., § 226.1, et seq. Prior to trial all part...
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MEMORANDUM AND ORDER Steve Gomori, Jr., presently an inmate at the United States Penitentiary, Lewisburg, Pennsylvania, has petitioned the Court, in forma pauperis, for a writ of habeas corpus. The sole issue presented for disposition involves the effective date of service of a six-year federal sentence he is now serving which was imposed by the U. S. District Court for the Northern District of We...
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MEMORANDUM OPINION AND ORDER Mr. G. C. Bird, Mr. C. M. Bird and the latter’s wife Mrs. Carrie E. Bird conveyed a tract of land containing 42.091 acres to the Tennessee Electric Company in 1925, agreeing that the grantors thereof might use that portion of the lands thus conveyed which were not overflowed for ordinary agricultural purposes, which did not interfere with the rights of the grantee, “ *...
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MEMORANDUM Eugene . Audry (Autry) Hogan, a Virginia prisoner, seeks reversal of state court convictions for second degree murder and malicious wounding on the ground that they were based upon an in court identification that had been earlier infected by an impermissibly suggestive photo identification. See Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). Jurisdicti...
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ORDER Solsvik and LaPlant are longshoremen in the employ of Rothschild Washington International Stevedoring Co., an independent contractor engaged by defendants to discharge cargo from defendants’ vessel M/V AETOS in the Port of Seattle. Plaintiffs allege injuries suffered in the course of discharge operations on January 3 and January 6, 1975, respectively, and contend that the injuries w...
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MEMORANDUM OPINION Respondent bank asks that the United States be ordered to reimburse it for the expenses incurred in complying with an IRS summons which required production *419 of the bank’s records of transactions by several of its customers. The facts are as follows. 1. On November 27, 1973, an agent of the Internal Revenue Service served a summons on the assistant ...
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MEMORANDUM OF DECISION Petitioners’ motions, all brought pursuant to 28 U.S.C. § 2255, present the single question whether they were deprived of any rights when they were absent from the courtroom during several days of hearings *896 on pre-trial motions prior to their joint trial on federal bank robbery charges. 1 Petitioners claim, in letters submitted to this Court without the assistance...
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This ease initially came before the Court on May 14, 1975, pursuant to a motion made on behalf of the United States Department of Agriculture (the Department). In its Motion for Summary Judgment, the Department argued that since the parties were previously afforded the opportunity to create a reviewable record in the agency hearings and the Board of Appellate Review proceedings, the District Court...
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Jerome O. Glucksman (“Glucksman”), a former Assistant State Attorney General convicted in New York State Supreme Court of conspiracy and attempted extortion, petitions pro se for a writ of habeas corpus, and raises some of the same claims in an action for injunctive relief and damages pursuant to 42 U.S.C. § 1983. Although presently free on his own recognizance, having served six mon...
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MEMORANDUM On August 4, 1975 the First National Bank of Chicago (hereinafter FNBC), by its attorneys, submitted to this court for filing a document captioned “Application for an Order Pursuant to Rule 26(c)(7) of the Federal Rules of Civil Procedure, Relating to a Certain Subpoena Duces. Tecum.” The document, therefore, purports to be a motion within the meaning of Fed.R.Civ.P. 7. Accordingly, the...
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ORDER Plaintiff, Charles Whitmore La Bar, Jr., submitted a complaint under 42 U. S.C. § 1983, which was filed in forma pauperis on February 12, 1975. He alleges that on November 20, 1964, he was arrested, without warrant or probable cause, by members of the Charlotte Police Department on worthless check charges. He further claims that the Charlotte police never informed him of his right to counsel...
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OPINION AND ORDER Petitioner Pamela Smith was convicted after a jury trial in the Athens County Municipal Court of a violation of Section 2923.61(A) (1) of the Ohio Revised Code. 1 Prior to trial petitioner filed a motion to quash the affidavit contending that R.C. 2923.61 et seq. was unconstitutional in derogation of the First and Fourteenth Amendments to the United States Constitution. Th...
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MEMORANDUM OPINION AND ORDER This private civil damage action alleges violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10(b)-5 of the SEC (Count No. 1); Section 17(a) of the Securities Act of 1933 (Count No. 2); and Sections 14(a) and (e) of the Securities Exchange Act of 1934 (Count No. 3). Counts 4 through 8 inclusive allege state common-law causes of action f...
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MEMORANDUM Beatrice O. Ray, a Virginia prisoner, brings this pro se action in which she alleges various constitutional deprivations resulting from the acts of the defendant penal officials. Plaintiff seeks relief in the form of money damages and a transfer from the institution in which she is now incarcerated. Jurisdiction of the Court is attained pursuant to 42 U. S.C. § 1983 and 28 U.S.C. §...
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MEMORANDUM Frank Altizer, a Virginia prisoner, brings a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, wherein he alleges that his present confinement is in violation of the Constitution of the United States. The petitioner has raised all pertinent issues on appeal to the Supreme Court of Virginia, which denied his petition for a writ of error by order of June 6, 1974. Accor...
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MEMORANDUM Thomas L. X. Penn El, a black Virginia prisoner, seeks declaratory, injunctive and monetary relief under 42 U.S.C. § 1983 from alleged deprivations of his constitutionally protected rights by the defendant penal officials. Jurisdiction of the Court is attained pursuant to 28 U.S.C. §§ 1343, 2201 and 2202. The matter is presently before the Court upon defendants’ motion for summary ju...
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MEMORANDUM OPINION AND ORDER Anthony J. Ayer, purchaser of the Hotel Royal Dane, moves this Court to declare as necessary expenses the costs for the extermination of termites and the repair of the roof of the subject hotel. Movant predicates this request on 5 V.I.C. § 499, wherein the Court is granted authority to restrain the commission of waste on the property on the application of the purchaser...
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MEMORANDUM OF DECISION This action, filed by the United States of America under the False Claims Act (31 U.S.C. §§ 231-235) and for fraudulent breach of contract, is before the Court for decision on defendant’s motion for summary judgment. Those acting for plaintiff in the premises represent this action to be a completely justified effort (a) to recover damages allegedly sustained fr...
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MEMORANDUM OPINION AND ORDER Before LEWIS, Circuit Judge, and ARRAJ and FINESILVER, District Judges. This action involves a constitutional challenge to the so-called “reciprocity rule” which governs admission to the Colorado bar of attorneys already licensed to practice law in other jurisdictions. Plaintiff Thomas Goldsmith is an attorney admitted to practice in Florida and Californi...
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MEMORANDUM AND ORDER The above-captioned criminal actions have been consolidated for hearing on defendants’ individual motions challenging the Jury Selection Plan of this judicial district. The motions are predicated on allegations that both the grand and petit jurors selected under the Plan are not drawn from a “fair cross section of the community” as required by the Jury Selection and S...
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OPINION Margo Morris, a school teacher formerly employed by the Laurel School District, alleges in this action that the District’s failure to rehire her for a fourth year violated her rights under the Civil Rights Act, under a collective bargaining agreement, and under the Due Process Clause of the Fourteenth Amendment. I. THE FACTS Laurel, Delaware, is a small community located...
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*233 ORDER This matter is before the court on defendants’ two resisted motions to dismiss, one for denial of the right to speedy prosecution and trial, and the other for discriminatory prosecution and government misconduct, both filed April 16, 1975. Also before the court are defendants’ resisted post-trial motion in the alternative for judgment of acquittal or new trial filed Ju...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Plaintiffs in this action brought suit under Section 4(f) of the Department of Transportation Act (49 U.S.C. § 1653(f)) and Section 7 of the Endangered Species Act (16 U.S.C. § 1536), seeking to halt the construction of a segment of Interstate Highway Route 10 (1-10) through the habitat of the Mississippi Sandhill Crane in Jackson County, Mississippi....
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MEMORANDUM AND ORDER This is an action to set aside an order of the Interstate Commerce Commission (Division I acting as an Appellate Division) dated January 31, 1973. Pursuant to 28 U.S.C. § 2325 requiring a district court of three judges to be convened in suits attacking orders of the Interstate Commerce Commission, the undersigned Court was designated to hear the case. Plaintiff, ...
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OPINION This action involves a suit for declaratory judgment by an insured, Union Carbide Corporation (hereinafter Union) to determine coverage by its insurers, The Travelers Indemnity Company (hereinafter Travelers) and The Aetna Casualty & Surety Company (hereinafter Aetna). The loss suffered by Union was the result of a products liability suit brought against it by Neville Chemical Com...
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OPINION AND ORDER NO. 880 The Court of Appeals for this Circuit decided almost two years ago that freight balances collected by one rail carrier for services performed by another 1 are held in trust and must be paid to their rightful owners. See In re Penn Central Transportation Company, *281 486 F.2d 519, 524 (3d Cir. 1973), cert. denied, 415 U.S...
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OPINION This matter is before the Court to determine plaintiff’s motion for summary judgment. Plaintiff, the Secretary of Labor, United States Department of Labor, has filed suit in his official capacity under 29 U.S.C. § 217 against the State of Rhode Island for injunctive relief to restrain the State as employer at the state-owned O’Rourke Children’s Center from committing further viola...
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*445MEMORANDUM AND ORDER This is a pro se action.in which the plaintiff Mrs. Lois J. Harrell appears to seek injunctive relief from direct and conspiratorial conduct allegedly violating her federally-protected civil rights on the part of a multitude of federal and state law enforcement agencies, and the directors and agents thereof. Before a responsive pleading was served, the plaintiff amended h...
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MEMORANDUM Joseph Nathaniel Lewis, Jr., and Lewis Edward Matthews, Virginia prisoners, filed an amended complaint May 14, 1974, in which they complained of (1) defendants’ establishment of an inmate “monitor” force at the State Penitentiary; and (2) the administration of the State Penitentiary furlough program. Plaintiffs seek monetary relief and a transfer to another institution. Defendants are V...
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This is our second consideration of a case brought by Negro plaintiffs who claim that the Department of Pensions & Security of the State of Alabama has practiced racial discrimination in its administration of “categorical assistance programs.” In our previous decision, Whitfield v. King, 364 F.Supp. 1296 (M.D.Ala., 1973), we implemented the decision that the Supreme Court of the Unit...
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MEMORANDUM OF OPINION IN RE CHOICE OF LAW ON DAMAGES Before getting to the points involved in the several motions, a general statement concerning this Aegaéonic 1 case is in order. On March 3, 1974, shortly after takeoff from Paris, France, a Douglas DC-10 passenger airplane owned and operated by Turkish Air Lines 2 crashed in France, destroying the plane and ki...
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OPINION This is an action brought pursuant to 35 U.S.C. § 146 to review a decision of the Patent Office Board of Patent Interferences (the Board), that on November 29, 1971 awarded priority of invention to Montedison, S.p.A. From September 1972, until February of this year, a stay was ordered by this Court pending the resolution of an earlier-filed patent infringement action. That action ...
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ORDER This action is before the court on defendant’s motion to dismiss on various grounds the plaintiff’s complaint which seeks some $24,324.04 allegedly owed her by virtue of the defendant’s failure to comply with a final judgment and decree of divorce issued by the Hall County Superior Court. In addition to the money judgment, plaintiff also seeks to have the defendant held in contempt ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on motions by plaintiffs and each of the defendants for summary judgment. This is an action for declaratory judgment and other relief, which seeks enforcement of rights under the Federal School Breakfast Program (“Breakfast Program”) of the Child Nutrition Act (“The Act”), 42 U.S.C. § 1771 et seq. and under the Fifth and Fourteen...
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The nature of this case is better described by a brief compendium of occurrences so as to provide a much needed overview before engaging in a definitive discussion of the facts. Pursuant to a charter party entered into by Texaco, Inc., the plaintiff herein, and Universal Marine, Inc., the defendant, Texaco became the time charterer of a tugboat and tank barge. The purpose of the charter pa...
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*362 MEMORANDUM AND ORDER This matter is before the Court on defendants’ motion to suppress. A hearing was conducted in Springfield, Massachusetts, on June 5, 1975, at which the parties offered evidence. After careful consideration of the evidence, stipulations, memoranda of counsel, and the pertinent authorities, the Court hereinafter enters its findings and conclusions. On December 13, 19...
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MEMORANDUM AND ORDER This matter is pending on a remand from the Court of Appeals. The plaintiff in this case has been reinstated and is presently working for the defendant. The parties have agreed that she is entitled to the following: Back pay $11,208.64 Vacation pay 611,90 $11,820.54 The parties are in disagreement as to whether or not plaintiff should receive a Christmas bonus, which is entire...
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OPINION AND RULING This is a ruling upon a motion by defendant James Talcott, Inc. (“Talcott”) for summary judgment on both counts of a complaint brought by the plaintiff, Weiss-Lawrence, Inc. (“Weiss-Lawrence”). The complaint alleges negligent and false representation and abuse of process or some variation thereof. The motion for summary judgment is granted. FACTS Count I Count I is an action ...
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MEMORANDUM AND ORDER The government has moved for rehearing of this Court’s Decision (dated December 22, 1974) denying the government’s motion for an order directing Richard G. Rosenbaum, an attorney, to testify before a federal grand jury concerning a phone conversation he had with Martin Lucio on March 13, 1974, regarding Lucio’s testimony earlier that day at the criminal trial of Moses Young...
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MEMORANDUM AND ORDER Defendants are charged with concealing, harboring or shielding from detection aliens not lawfully entitled to enter or reside within the United States in violation of 8 U.S.C. § 1324. Pursuant to Rule 41(f) of the Federal Rules of Criminal Procedure they move to suppress the evidence obtained as a result of a search of the premises of Steve’s Pier I Restaurant (hereafter ...
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Defendants Karl Anthony Green, Derek Leckenby and Jan Barry Whitwam (the individual defendants) move to dismiss the complaint for improper service and resulting lack of in personam jurisdiction, for lack of standing, for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and on grounds of equity and comity. Defendant Banner Talent Asso...
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Plaintiff, Kline James Wolf, Jr., a Private in the Army National Guard of the State of Pennsylvania, has filed this action seeking injunctive relief from an order of the Department of the Army directing him to report for active duty in the United States Army. While plaintiff has set forth the wrong jurisdictional sections in his complaint, this court has jurisdiction pursuant to 28 U. S.C.A. § 133...
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MEMORANDUM This matter is before the Court on the motions for summary judgment of the plaintiff and the Secretary of the De-. partment of Health, Education and Welfare. Plaintiff is a miner seeking black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. § 901 et seq. After the plaintiff’s claim was initially denied, a Hearing Examiner considered ...
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MEMORANDUM OPINION This is an action for the judicial review of the decision of the defendant administrator, 42 U.S.C. § 405(g), denying the plaintiff’s claim for a surviving child’s disability insurance benefits under the Social Security Act. 42 U.S.C. §§ 402(d), 423. Both parties moved for a summary judgment. Rule 56(a), (b), Federal Rules of Civil Procedure. The plaintiff’s current application...
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ORDER The Court has before it in the above styled and numbered cause a Motion to Dismiss filed by the Defendant, Southwestern Bell Telephone Company. The Defendant contends that this case should be dismissed for two reasons: (1) under the doctrine of primary jurisdiction, the Federal Communications Commission is the proper forum to decide the issues involved, and (2) the Plaintiff’s compl...
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When these applications for excess compensation pursuant to the Criminal Justice Act, as amended, 18 U.S.C. § 3006A(d), were first before me, I concluded that each attorney had rendered “extended or complex” representation and that each of the applications were sufficiently detailed to permit a finding that the services, provided to the indigent defendants in these felony cases were “reasonably...
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MEMORANDUM AND ORDER By this action Plaintiffs seek judicial review of an interpretative ruling of the Comptroller of the Currency che United States which held that a customer-bank communication terminal (CBCT), if established offpremises, is not a “branch” within the meaning of 12 U.S.C. § 36(f) (hereinafter the McFadden Act 1 ). Generally speaking, a CBCT is a mechanism utili...
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MEMORANDUM AND ORDER This case is currently before the Court on Cross Motions for Summary Judgment. The action is brought by fourteen States of the United States which have approved plans for rendering social services to eligible persons pursuant to 42 U.S.C. §§ 602 and 802. They bring this action against officials of the Department of Health, Education and Welfare (hereinafter HEW) seeking a j...
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MEMORANDUM-ORDER This matter is before the Court on trustees’ petition to sell real estate under Order Nisi and intervenors’ oppositions thereto, and intervenors’ motions to vacate the August 10, 1964, Order permitting the disinterment of bodies buried in the west side of the Mt. Zion Cemetery and trustees’ opposition thereto. I. Background. Mt. Zion Cemetery occupies lo...
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ORDER OF DISMISSAL This cause came on for consideration upon the defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted. The court, having considered the record and being fully advised in the premises, finds and concludes that the above-styled action should be dismissed for failure to state a claim u...
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ORDER This matter is before the Court by way of cross motions for summary judgment. Plaintiffs are the co-executors of the Manford F. Fryer Estate (the Estate) ; defendant is the United States of America. To date, the parties have filed a stipulation of facts, accompanied by legal briefs, addressed to the issue of whether a tax refund is owed to the Estate. Specifically, plaintiffs contend that t...
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In these two cases the Internal Revenue Service seeks, pursuant to 26 U.S.C. § 7402(b) and § 7604(a), Orders of this Court requiring enforcement of summonses of the Internal Revenue Service (IRS) to the defendant banks to give testimony and to produce for examination all bank records, data and the like in their possession relating to an investigation of the income tax returns of Carlton Edward Bo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This diversity suit was filed by the Plaintiffs, Ronald John Kopera and Sandra Kopera against the defendants under Mississippi’s wrongful death statute, Miss.Code 1972, § 11-7-13, for damages or compensation for the alleged wrongful death of their minor daughter, Ronette N. Kopera, as a result of her January 20, 1973 drowning in the swimming pool at the O...
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Plaintiffs, Ford Truck Line, Inc. and J & G Express, Inc., are common carriers that by interline arrangement transport general commodities between Memphis and Jackson, Mississippi. The defendants are the Interstate Commerce Commission and the United States. Merchants Truck Line, Inc., intervening defendant, together with Mississippi Freight Lines, Inc., are common carriers of general commodities w...
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MEMORANDUM & ORDER Minnesota, through its Attorney General and Commissioner of Highways, seeks declaratory and injunctive relief against federal officials who have impounded approximately 42 million dollars of appropriated funds allocated to Minnesota for fiscal year 1975 under the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq. Defendants contend the Executive Department has discre...
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MEMORANDUM AND ORDER This case raises the question of whether an environmental impact statement (EIS) is required under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. (1970), for a proposed expansion of the parking facilities at the Westport station of the United States Postal Service in Kansas City, Missouri. The action currently pends on plaintiff’s motion for a ...
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MEMORANDUM OPINION AND ORDER I. This a complex antitrust action 1 by Lektro-Vend Corporation, Harry B. Stoner and Stoner Investments, Inc., plaintiffs, against the Vendo Company, the defendant. Vendo recently obtained a $7,345,500 state court judgment against Mr. Stoner and Stoner Investments for violation of their purported fiduciary duties to Vendo. Vendo v. Stoner...
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ORDER The parties having settled the case, and the judgment having been vacated by the United States Court of Appeals for the Ninth Circuit, the cause is dis- ' missed with prejudice, 392 F.Supp. 851. ...
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MEMORANDUM AND ORDER This case involves questions of statutory interpretation and the consequent validity of certain regulations issued by the Environmental Protection Agency (EPA). Plaintiffs are the Natural Resources Defense Council, Inc. and the Environmental Defense Fund, Inc., two respected environmental litigants. Defendants are the Administrator of EPA and the National Forest Produ...
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MEMORANDUM AND ORDER This case represents one aspect of a continuing effort on the part of the International Union of Operating Engineers, Local Union No. 139 (hereinafter “the Union”) to compel an employer, Carl A. Morse, Inc. (hereinafter Morse) to enter into arbitration in regard to a labor dispute dealing with a building *155 project that the defendants have commenced at ...
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FINDINGS AND CONCLUSIONS This shareholder’s derivative action was commenced on July 6, 1973 in the United States District Court for the Eastern District of Pennsylvania, seeking a preliminary injunction to restrain American Investors Fund from conducting its annual shareholders meeting set for July 17, 1973. Plaintiff owns 86 whole shares of American Investors Fund, a New York corpor...
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OPINION This action was commenced by the City of New York pursuant to 28 U.S.C. § 1346 for the refund of certain excise taxes which have been paid to the Federal Government. The sole issue presented for our determination is whether the excise tax on amounts paid for transportation of persons by air under § 4261 of the Internal Revenue Code, 26 U.S.C. § 4261, may constitutionally be impose...
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